114 HR 5051 IH: OPEN Government Data Act
U.S. House of Representatives
2016-04-26
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
		2d Session
		H. R. 5051
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2016
			Mr. Kilmer (for himself and Mr. Farenthold) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To expand the Government’s use and administration of data to facilitate transparency, effective
			 governance, and innovation, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Open, Public, Electronic, and Necessary Government Data Act or the OPEN Government Data Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings; agency defined.
					Sec. 3. Rule of construction.
					Sec. 4. Federal information policy definitions.
					Sec. 5. Requirement for making open and machine-readable the default for Government data.
					Sec. 6. Responsibilities of the Office of Electronic Government.
					Sec. 7. Data inventory and planning.
					Sec. 8. Technology portal.
					Sec. 9. Enhanced responsibilities for chief information officers and chief information officers
			 council duties.
					Sec. 10. Evaluation of agency analytical capabilities.
					Sec. 11. Effective date.

			2.Findings; agency defined
 (a)FindingsThe Congress finds the following: (1)Federal Government data is a valuable national resource. Managing Federal Government data to make it open, available, discoverable, and useable to the general public, businesses, journalists, academics, and advocates promotes efficiency and effectiveness in Government, creates economic opportunities, promotes scientific discovery, and most importantly, strengthens our democracy.
 (2)Maximizing the usefulness of Federal Government data that is appropriate for release rests upon making it readily available, discoverable, and usable—in a word: open. Information presumptively should be available to the general public unless the Federal Government reasonably foresees that disclosure could harm a specific, articulable interest protected by law or the Federal Government is otherwise expressly prohibited from releasing such data due to statutory requirements.
 (3)The Federal Government has the responsibility to be transparent and accountable to its citizens. (4)Data controlled, collected, or created by the Federal Government should be originated, transmitted, and published in modern, open, and electronic format, to be as readily accessible as possible, consistent with data standards imbued with authority under this Act and to the extent permitted by law.
 (5)The effort to inventory Government data will have additional benefits, including identifying opportunities within agencies to reduce waste, increase efficiencies, and save taxpayer dollars. As such, this effort should involve many types of data, including data generated by applications, devices, networks, and equipment, which can be harnessed to improve operations, lower energy consumption, reduce costs, and strengthen security.
 (6)Communication, commerce, and data transcend national borders. Global access to Government information is often essential to promoting innovation, scientific discovery, entrepreneurship, education, and the general welfare.
 (b)Agency definedIn this Act, the term agency has the meaning given that term in section 3502 of title 44, United States Code, and includes the Federal Election Commission.
 3.Rule of constructionNothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code.
 4.Federal information policy definitionsSection 3502 of title 44, United States Code, is amended— (1)in paragraph (13), by striking ; and at the end and inserting a semicolon;
 (2)in paragraph (14), by striking the period at the end and inserting a semicolon; and (3)by inserting at the end the following new paragraphs:

 (15)the term data means recorded information, regardless of form or the media on which the data is recorded; (16)the term data asset means a collection of data elements or data sets that may be grouped together;
 (17)the term Enterprise Data Inventory means the data inventory developed and maintained pursuant to section 3523; (18)the term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;
 (19)the term metadata means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;
 (20)the term nonpublic data asset— (A)means a data asset that may not be made available to the public for privacy, security, confidentiality, regulation, or other reasons as determined by law; and
 (B)includes data provided by contractors that is protected by contract, license, patent, trademark, copyright, confidentiality, regulation, or other restriction;
 (21)the term open format means a technical format based on an underlying open standard that is— (A)not encumbered by restrictions that would impede use or reuse; and
 (B)based on an underlying open standard that is maintained by a standards organization; (22)the term open Government data means a Federal Government public data asset that is—
 (A)machine-readable; (B)available in an open format; and
 (C)part of the worldwide public domain or, if necessary, published with an open license; (23)the term open license means a legal guarantee applied to a data asset that is made available to the public that such data asset is made available—
 (A)at no cost to the public; and (B)with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting; and
 (24)the term public data asset means a collection of data elements or a data set maintained by the Government that— (A)may be released; or
 (B)has been released to the public in an open format and is discoverable through a search of Data.gov. . 5.Requirement for making open and machine-readable the default for Government data (a)AmendmentSubchapter I of chapter 35 of title 44, United States Code, is amended by adding at the end the following new section:

					3522.Requirements for Government data
 (a)Machine-Readable data requiredGovernment data assets made available by an agency shall be published as machine-readable data. (b)Open by defaultWhen not otherwise prohibited by law, Government data assets shall—
 (1)be available in an open format; and (2)be available under open licenses.
 (c)Open license or worldwide public domain dedication requiredWhen not otherwise prohibited by law, Government data assets published by or for an agency shall be made available under an open license or, if not made available under an open license and appropriately released, shall be considered to be published as part of the worldwide public domain.
 (d)InnovationEach agency may engage with nongovernmental organizations, citizens, non-profit organizations, colleges and universities, private and public companies, and other agencies to explore opportunities to leverage the agency’s public data asset in a manner that may provide new opportunities for innovation in the public and private sectors in accordance with law and regulation..
 (b)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by adding at the end the following new item:

						Sec. 3522. Requirements for Government data..
 (c)Effective dateThe amendments made by subsections (a) and (b) shall take effect 270 days after the date of the enactment of this Act and shall apply with respect to any contract entered into by an agency on or after such effective date.
 (d)Use of open data assetsNot later than 270 days after the date of the enactment of this section, the head of each agency shall ensure that any activities by the agency or any new contract entered into by the agency meet the requirements of section 3522 of title 44, United States Code, as added by subsection (a).
			6.Responsibilities of the Office of Electronic Government
 (a)Coordination of Federal information resources management policySection 3503 of title 44, United States Code, is amended by adding at the end the following new subsection:

 (c)Coordination of Federal information resources management policyThe Administrator of the Office of Information and Regulatory Affairs shall work with the Federal Chief Information Officer and with the heads of other offices within the Office of Management and Budget to oversee and advise the Director on Federal information resources management policy..
 (b)Authority and functions of DirectorSection 3504(h) of title 44, United States Code, is amended— (1)in paragraph (1), by inserting , the Federal Chief Information Officer, after the Director of the National Institute of Standards and Technology;
 (2)in paragraph (4)— (A)in subparagraph (A), by striking ; and and inserting a semicolon; and
 (B)by inserting at the end the following new subparagraph:  (C)oversee the completeness of the Enterprise Data Inventory and the extent to which the agency is making all data collected and generated by the agency available to the public in accordance with section 3523;;
 (3)in paragraph (5), by striking the period at the end and inserting ; and; and (4)by inserting at the end the following new paragraph:

 (6)coordinate the development and review of Federal information resources management policy by the Administrator of the Office of Information and Regulatory Affairs and the Federal Chief Information Officer..
				(c)Change of name of the Office of Electronic Government
 (1)DefinitionsSection 3601 of title 44, United States Code, is amended— (A)by striking paragraph (1);
 (B)by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (C)by inserting after paragraph (3), as so redesignated, the following new paragraph:

 (4)Federal Chief Information Officer means the Federal Chief Information Officer of the Office of the Federal Chief Information Officer established under section 3602;.
 (2)Office of the Federal Chief Information OfficerSection 3602 of title 44, United States Code, is amended— (A)in the heading, by striking Electronic Government and inserting the Federal Chief Information Officer;
 (B)in subsection (a), by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer; (C)in subsection (b), by striking an Administrator and inserting a Federal Chief Information Officer;
 (D)in subsection (c), by striking The Administrator and inserting The Federal Chief Information Officer; (E)in subsection (d), by striking The Administrator and inserting The Federal Chief Information Officer;
 (F)in subsection (e), by striking The Administrator and inserting The Federal Chief Information Officer; (G)in subsection (f)—
 (i)by striking the Administrator shall and inserting the Federal Chief Information Officer shall; and (ii)in paragraph (16), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer; and
 (H)in subsection (g), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer. (3)Chief Information Officers CouncilSection 3603 of title 44, United States Code, is amended—
 (A)in subsection (b)(2), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer; (B)in subsection (c)(1), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer; and
 (C)in subsection (f)(3), by striking the Administrator and inserting the Federal Chief Information Officer. (4)E-Government fundSection 3604 of title 44, United States Code, is amended—
 (A)in subsection (a)(2), by striking the Administrator of the Office of Electronic Government and inserting the Federal Chief Information Officer; (B)in subsection (b), by striking Administrator, each place it appears, and inserting Federal Chief Information Officer; and
 (C)in subsection (c), by striking the Administrator and inserting the Federal Chief Information Officer. (5)Program to encourage innovative solutions to enhance electronic Government services and processesSection 3605 of title 44, United States Code, is amended—
 (A)in subsection (a), by striking The Administrator and inserting The Federal Chief Information Officer; (B)in subsection (b), by striking , the Administrator, and inserting , the Federal Chief Information Officer,; and
 (C)in subsection (c)— (i)in paragraph (1)—
 (I)by striking The Administrator and inserting The Federal Chief Information Officer; and (II)by striking proposals submitted to the Administrator and inserting proposals submitted to the Federal Chief Information Officer;
 (ii)in paragraph (2), by striking the Administrator and inserting the Federal Chief Information Officer; and (iii)in paragraph (4), by striking the Administrator and inserting the Federal Chief Information Officer.
						(6)Technical and conforming amendments
 (A)Table of sectionsThe table of sections for chapter 36 of title 44, United States Code, is amended by striking the item relating to section 3602 and inserting the following new item:

								3602. Office of the Federal Chief Information Officer..
 (B)Positions at level IIISection 5314 of title 5, United States Code, is amended by striking Administrator of the Office of Electronic Government and inserting Federal Chief Information Officer. (C)Office of Electronic GovernmentSection 507 of title 31, United States Code, is amended by striking The Office of Electronic Government and inserting The Office of the Federal Chief Information Officer.
 (D)Electronic Government and information technologiesSection 305 of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government and inserting Federal Chief Information Officer. (E)Capital planning and investment controlSection 11302(c)(4) of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government, each place it appears, and inserting Federal Chief Information Officer.
 (F)Resources, planning, and portfolio managementThe second subsection (c) of section 11319 of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government, each place it appears, and inserting Federal Chief Information Officer. (7)Rule of constructionThe amendments made by this subsection were to change the name of the Office of Electronic Government and the Administrator of such office and shall not be construed to effect any of the substantive provisions of the provisions amended or to require a new appointment by the President.
				7.Data inventory and planning
			(a)Enterprise data inventory
 (1)AmendmentSubchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is further amended by adding at the end the following new section:

						3523.Enterprise data inventory
 (a)Agency data inventory requiredIn order to develop a clear and comprehensive understanding of the data assets in the possession of an agency, the head of each agency, in consultation with the Director of the Office of Management and Budget, shall develop and maintain an enterprise data inventory (in this section, referred to as the Enterprise Data Inventory) that accounts for any data asset created, collected, under the control or direction of, or maintained by the agency after the effective date of this section, with the ultimate goal of including all data assets, to the extent practicable. The Enterprise Data Inventory shall include each of the following:
 (1)Data assets used in agency information systems, including program administration, statistical, and financial activity.
 (2)Data assets shared or maintained across agency programs and bureaus. (3)Data assets that are shared among agencies or created by more than 1 agency.
 (4)A clear indication of all data assets that can be made publicly available under section 552 of title 5.
 (5)A description of whether the agency has determined that an individual data asset may be made publicly available and whether such data asset is currently available to the public.
 (6)Nonpublic data assets. (7)Government data assets generated by applications, devices, networks, and equipment, categorized by source type.
 (b)Public availabilityThe Chief Information Officer of each agency shall use the guidance provided by the Director issued pursuant to section 3504(a)(1)(C)(ii) to make public data assets included in the Enterprise Data Inventory publicly available in an open format and under an open license.
 (c)Non-Public DataNon-public data included in the Enterprise Data Inventory may be maintained in a non-public section of the inventory.
 (d)Availability of Enterprise Data InventoryThe Chief Information Officer of each agency— (1)shall make the Enterprise Data Inventory available to the public on Data.gov;
 (2)shall ensure that access to the Enterprise Data Inventory and the data contained therein shall be consistent with applicable law and regulation; and
 (3)may implement paragraph (1) in a manner that maintains a non-public portion of the Enterprise Data Inventory.
 (e)Regular updates requiredThe Chief Information Officer of each agency shall update the Enterprise Data Inventory for such agency not less than annually.
 (f)Use of existing resourcesThe Chief Information Officer of each agency shall use existing procedures and systems to compile and publish the Enterprise Data Inventory for such agency when practicable..
 (2)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is further amended by adding at the end the following new item:

							Sec. 3523. Enterprise data inventory..
 (b)Standards for enterprise data inventorySection 3504(a)(1) of title 44, United States Code, is amended— (1)in subparagraph (A), by striking ; and and inserting a semicolon;
 (2)in subparagraph (B)— (A)by moving clause (vi) two ems to the left; and
 (B)in clause (vi), by striking the period at the end and inserting ; and; and (3)by inserting at the end the following new subparagraph:

 (C)issue standards for the Enterprise Data Inventory described in section 3523, including— (i)a requirement that the Enterprise Data Inventory include a compilation of metadata about agency data assets; and
 (ii)criteria that the head of each agency shall use in determining whether to make a particular data asset publicly available in a manner that takes into account—
 (I)the expectation of confidentiality associated with an individual data asset; (II)security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk;
 (III)cost and value to the public of converting the data into a manner that could be understood and used by the public;
 (IV)the expectation that all data assets that would otherwise be made available under section 552 of title 5 (commonly referred to as the Freedom of Information Act) be disclosed; and
 (V)any other considerations that the Director determines to be relevant.. (c)Federal agency responsibilitiesSection 3506 of title 44, United States Code, is amended—
 (1)in subsection (b)— (A)in paragraph (1)(C), by striking security; and inserting the following:

 security by—(i)using open format for any new Government data asset created or obtained on the date that is 180 days after the date of the enactment of this clause; and
 (ii)encouraging the adoption of open format for all open Government data created or obtained before the date of the enactment of this clause;.
 (B)in paragraph (4), by striking subchapter; and and inserting subchapter and a review of each agency’s Enterprise Data Inventory described in section 3523;; (C)in paragraph (5), by striking the period at the end and inserting ; and; and
 (D)by inserting at the end the following new paragraph:  (6)in consultation with the Director, develop an open data plan as a part of the requirement for a strategic information resources management plan described in paragraph (2) that, at a minimum—
 (A)requires the agency to develop processes and procedures that— (i)require each new data collection mechanism to use an open format; and
 (ii)allow the agency to collaborate with non-Government entities, researchers, businesses, and private citizens for the purpose of understanding how data users value and use open Government data;
 (B)identifies and implements methods for collecting and analyzing digital information on data asset usage by users within and outside of the agency, including designating a point of contact within the agency to assist the public and to respond to quality issues, usability, recommendations for improvements, and complaints about adherence to open data requirements in accordance with subsection (d)(2);
 (C)develops and implements a process to evaluate and improve the timeliness, completeness, accuracy, usefulness, and availability of open Government data;
 (D)requires the agency to update the plan at an interval determined by the Director; (E)includes requirements for meeting the goals of the agency open data plan including technology, training for employees, and implementing procurement standards, in accordance with existing law, that allow for the acquisition of innovative solutions from the public and private sector; and
 (F)prohibits the dissemination and accidental disclosure of nonpublic data assets.; (2)in subsection (c), by striking With respect to and inserting Except as provided under subsection (j), with respect to;
 (3)in subsection (d)— (A)in the matter preceding paragraph (1), by striking shall;
 (B)in paragraph (1)— (i)in the matter preceding subparagraph (A), by inserting shall before ensure;
 (ii)in subparagraph (A), by striking sources and inserting sources and uses; and (iii)in subparagraph (C), by inserting , including providing access to open Government data online after economical manner;
 (C)in paragraph (2), by inserting shall before regularly; (D)in paragraph (3)—
 (i)by inserting shall before provide; and (ii)by striking ; and and inserting a semicolon;
 (E)in paragraph (4)— (i)in the matter preceding subparagraph (A), by inserting may before not; and
 (ii)by striking the period at the end and inserting a semicolon; and (F)by inserting at the end the following new paragraphs:

 (5)shall take the necessary precautions to ensure that the agency maintains the production and publication of data assets which are directly related to activities that protect the safety of human life or property as identified by the open data plan of the agency required by subsection (b)(6); and
 (6)may engage the public in using open Government data and encourage collaboration by— (A)publishing information on open Government data usage in regular, timely intervals, but not less than annually;
 (B)receiving public input regarding priorities for the analysis and disclosure of data assets to be published;
 (C)assisting civil society groups and members of the public working to expand the use of open Government data; and
 (D)hosting challenges, competitions, events, or other initiatives designed to create additional value from open Government data.
								; and
 (4)by adding at the end the following new subsection:  (j)Collection of information exceptionNotwithstanding subsection (c), an agency is not required to meet the requirements of paragraphs (2) and (3) of such subsection if—
 (1)the waiver of such requirements is approved by the head of the agency; (2)the collection of information is—
 (A)online and electronic; (B)voluntary and there is no perceived or actual tangible benefit to the provider of the information;
 (C)of an extremely low burden that is typically completed in five minutes or less; and (D)focused on gathering input about the performance of, or public satisfaction with, an agency providing service; and
 (3)the agency publishes representative summaries of the collection of information under subsection (c)..
 (d)RepositoryThe Director of the Office of Management and Budget shall collaborate with the Office of Government Information Services and the Administrator of General Services to develop and maintain an online repository of tools, best practices, and schema standards to facilitate the adoption of open data practices. The repository shall—
 (1)include definitions, regulation and policy, checklists, and case studies related to open data, this Act, and the amendments made by this Act; and
 (2)facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices.
 (e)Systematic agency review of operationsSection 305 of title 5, United States Code, is amended— (1)in subsection (b), by inserting at the end the following new sentence: To the greatest extent practicable, each agency shall use existing data to support such reviews if the data is accurate and complete.;
 (2)in subsection (c)— (A)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
 (B)by inserting after paragraph (1) the following new paragraph:  (2)determining the status of achieving the mission, goals, and objectives of the agency as described in the strategic plan of the agency published pursuant to section 306;; and
 (3)by adding at the end the following new subsection:  (d)Open data compliance reportNot later than 1 year after the date of the enactment of this subsection, and every two years thereafter, the Director of the Office of Management and Budget shall electronically publish a report on agency performance and compliance with the Open, Public, Electronic, and Necessary Government Data Act and the amendments made by that Act.
						.
 (f)GAO reportNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that identifies—
 (1)the value of information made available to the public as a result of this Act, and the amendments made by this Act; and
 (2)whether it is valuable to expand the publicly available information to any other data assets. 8.Technology portal (a)AmendmentSubchapter I of chapter 35 of title 44, United States Code, is amended by inserting after section 3511 the following new section:

					3511A.Technology portal
 (a)Data.gov requiredThe Administrator of General Services shall maintain a single public interface online as a point of entry dedicated to sharing open Government data with the public.
 (b)Coordination with agenciesThe Director of the Office of Management and Budget shall determine, after consultation with the head of each agency and the Administrator of General Services, the method to access any open Government data published through the interface described in subsection (a)..
 (b)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by inserting after the item relating to section 3511 the following new item:

						Sec. 3511A. Technology portal..
 (c)DeadlineNot later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall meet the requirements of section 3511A(a) of title 44, United States Code, as added by subsection (a).
			9.Enhanced responsibilities for chief information officers and chief information officers council
			 duties
			(a)Agency chief information officer general responsibilities
 (1)General responsibilitiesSection 11315(b) of title 40, United States Code, is amended— (A)in paragraph (2), by striking ; and and inserting a semicolon;
 (B)in paragraph (3), by striking the period at the end and inserting a semicolon; and (C)by inserting at the end the following new paragraphs:

 (4)data asset management, format standardization, sharing of data assets, and publication of data assets;
 (5)the compilation and publication of the Enterprise Data Inventory for the agency required under section 3523 of title 44;
 (6)ensuring that agency data conforms with open data best practices; (7)ensuring compliance with the requirements of subsections (b), (c), (d), and (f) of section 3506 of title 44;
 (8)engaging agency employees, the public, and contractors in using open Government data and encourage collaborative approaches to improving data use;
 (9)supporting the agency Performance Improvement Officer in generating data to support the function of the Performance Improvement Officer described in section 1124(a)(2) of title 31;
 (10)reviewing the information technology infrastructure of the agency and the impact of such infrastructure on making data assets accessible to reduce barriers that inhibit data asset accessibility;
 (11)ensuring that the agency is maximizing its own use of data, including data generated by applications, devices, networks, and equipment owned by the Government and such use is not otherwise prohibited, to reduce costs, improve operations, and strengthen security and privacy protections; and
 (12)identifying points of contact for roles and responsibilities related to open data use and implementation as required by the Director of the Office of Management and Budget..
 (2)Additional definitionsSection 11315 of title 40, United States Code, is amended by adding at the end the following new subsection:

 (d)Additional definitionsIn this section, the terms data, data asset, Enterprise Data Inventory, and open Government data have the meanings given those terms in section 3502 of title 44.. (b)AmendmentSection 3603(f) of title 44, United States Code, is amended by adding at the end the following new paragraph:

 (8)Work with the Office of Government Information Services and the Director of the Office of Science and Technology Policy to promote data interoperability and comparability of data assets across the Government..
			10.Evaluation of agency analytical capabilities
 (a)OMB guidance for agency reviewNot later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall review each agency to assess the extent of the agency’s use of data assets to support decisionmaking, cost savings, and performance within the agency.
 (b)Agency review; reportNot later than 2 years after the date of the enactment of this Act, each agency Chief Operating Officer shall submit to Congress and the Director of the Office of Management and Budget a report on the review described in subsection (a).
 (c)Requirements of agency reportThe report described in subsection (b) shall assess the coverage, quality, methods, effectiveness, and independence of the agency’s evaluation research and analysis efforts, including each of the following:
 (1)A list of the activities and operations of the agency that are being evaluated and analyzed and the activities and operations that have been evaluated and analyzed during the previous 5 years.
 (2)The extent to which the evaluations research and analysis efforts and related activities of the agency support the needs of various divisions within the agency.
 (3)The extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate balance between needs related to organizational learning, ongoing program management, performance management, strategic management, interagency and private sector coordination, international and external oversight, and accountability.
 (4)The extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed, including an appropriate combination of formative and summative evaluation research and analysis approaches.
 (5)The extent to which evaluation and research capacity is present within the agency to include personnel, agency process for planning and implementing evaluation activities, disseminating best practices and findings, and incorporating employee views and feedback.
 (6)The extent to which the agency has the capacity to assist front-line staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations.
 (d)GAO review of agency reportsNot later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that summarizes agency findings and highlights trends from the reports submitted pursuant to subsection (b) and recommends actions to further improve agency capacity to use evaluation techniques and data to support evaluation efforts.
 11.Effective dateThis Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of the enactment of this Act.


113 HRES 243 EH: Providing for consideration of the bill (H.R. 2216) making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2014, and for other purposes; and providing for consideration of the bill (H.R. 2217) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2014, and for other purposes.
U.S. House of Representatives
2013-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
113th CONGRESS
1st Session
H. RES. 243
In the House of Representatives, U. S.,

June 4, 2013

RESOLUTION
Providing for consideration of the bill (H.R. 2216) making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2014, and for other purposes; and providing for consideration of the bill (H.R. 2217) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2014, and for other purposes.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2216) making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2014, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. During consideration of the bill for amendment, the chair of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. When the committee rises and reports the bill back to the House with a recommendation that the bill do pass, the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
2.At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2217) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2014, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived except for section 563. During consideration of the bill for amendment, the chair of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. When the committee rises and reports the bill back to the House with a recommendation that the bill do pass, the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
3.Pending the adoption of a concurrent resolution on the budget for fiscal year 2014, the provisions of House Concurrent Resolution 25, as adopted by the House, shall have force and effect in the House as though Congress has adopted such concurrent resolution, and the allocations of spending authority printed in Tables 11 and 12 of House Report 113–17 shall be considered for all purposes in the House to be the allocations under section 302(a) of the Congressional Budget Act of 1974.

Karen L. Haas,Clerk.


116 HR 1501 IH: Police Officers Protecting Children Act
U.S. House of Representatives
2019-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1501IN THE HOUSE OF REPRESENTATIVESMarch 5, 2019Mrs. Hartzler introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo allow certain off-duty law enforcement officers and retired law enforcement officers to carry a
			 concealed firearm to protect children in a school zone.

 1.Short titleThis Act may be cited as the Police Officers Protecting Children Act. 2.Certain off-duty law enforcement officers and retired law enforcement officers allowed to carry a concealed firearm, and discharge a firearm, in a school zoneSection 922(q) of title 18, United States Code, is amended—
 (1)in paragraph (2)(B)— (A)by striking or at the end of clause (vi); and
 (B)by redesignating clause (vii) as clause (ix) and inserting after clause (vi) the following:  (vii)by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm, if the firearm is concealed;
 (viii)by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm, if the firearm is concealed; or; and
 (2)in paragraph (3)(B)— (A)by striking or at the end of clause (iii);
 (B)by striking the period at the end of clause (iv) and inserting a semicolon; and (C)by adding at the end the following:

 (v)by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm; or
 (vi)by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm..


115 S520 IS: Medicaid Accountability and Care Act of 2017
U.S. Senate
2017-03-02
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.

II115th CONGRESS1st SessionS. 520IN THE SENATE OF THE UNITED STATESMarch 2, 2017Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to reform payment to States under the Medicaid
			 program.

 1.Short titleThis Act may be cited as the Medicaid Accountability and Care Act of 2017.
		2.Medicaid payment
			 reform
			(a)In
 generalTitle XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1903 the following section:

					1903A.Reformed
				payment to States
						(a)Reformed payment
				system
							(1)In
 generalFor quarters beginning on or after the implementation date (as defined in subsection (k)(1)), in lieu of amounts otherwise payable to a State under this title (including any payments attributable to section 1923), except as otherwise provided in this section, the amount payable to such State shall be equal to the sum of the following:
								(A)Adjusted
 aggregate beneficiary-based amountThe aggregate beneficiary-based amount specified in subsection (b) for the quarter and the State, adjusted under subsection (e).
								(B)Chronic care
 quality bonusThe amount (if any) of the chronic care quality bonus payment specified in subsection (f) for the quarter for the State.
								(2)Requirement of
				State share
								(A)In
 generalA State shall make, from non-Federal funds, expenditures in an amount equal to its State share (as determined under subparagraph (B)) for a quarter for items, services, and other costs for which, but for paragraph (1), Federal funds would have been payable under this title.
								(B)State
 shareThe State share for a State for a quarter in a fiscal year is equal to the product of—
 (i)the aggregate beneficiary-based amount specified in subsection (b) for the quarter and the State; and
 (ii)the ratio of—
 (I)the State percentage described in subparagraph (D)(ii) for such State and fiscal year; to
 (II)the Federal percentage described in subparagraph (D)(i) for such State and fiscal year.
										(C)Nonpayment for
				failure to pay state share
									(i)In
 generalIf a State fails to expend the amount required under subparagraph (A) for a quarter in a fiscal year, the amount payable to the State under paragraph (1) shall be reduced by the product of the amount by which the State payment is less than the State share and the ratio of—
 (I)the Federal percentage described in subparagraph (D)(i) for such State and fiscal year; to
 (II)the State percentage described in subparagraph (D)(ii) for such State and fiscal year.
										(ii)Grace
 periodA State shall not be considered to have failed to provide payment of its required State share for a quarter under subparagraph (A) if the aggregate State payment towards the State’s required State share for the 4-quarter period beginning with such quarter exceeds the required State share amount for such 4-quarter period.
									(D)Federal and
 State percentagesIn this paragraph, with respect to a State and a fiscal year:
									(i)Federal
 percentageThe Federal percentage described in this clause is 75 percent or, if higher, the Federal medical assistance percentage for such State for such fiscal year.
									(ii)State
 percentageThe State percentage described in this clause is 100 percent minus the Federal percentage described in clause (i).
									(E)Rules for
				crediting toward State share
									(i)General
 limitation to matchable expendituresA payment for expenditures shall not be counted toward the State share under subparagraph (A) unless Federal payments may be used for such expenditures consistent with paragraph (3)(B).
									(ii)Further
 limitations on allowable expendituresA payment for expenditures shall not be counted towards the State share under subparagraph (A) if the expenditure is for any of the following:
 (I)AbortionExpenditures for an abortion.
										(II)Intergovernmental
 transfersAn expenditure that is attributable to an intergovernmental transfer.
										(III)Certified
 public expendituresAn expenditure that is attributable to certified public expenditures.
										(iii)Crediting
 fraud and abuse recoveriesAmounts recovered by a State through the operation of its Medicaid fraud and abuse control unit described in section 1903(q) shall be fully counted toward the State share under subparagraph (A).
 (F)ConstructionNothing in the paragraph shall be construed as preventing a State from expending, from non-Federal funds, an amount under this title in excess of the amount of the State share.
								(G)Determination
 based upon submitted claimsIn applying this paragraph with respect to expenditures of a State for a quarter, the determination of the expenditures for such State for such quarter shall be made after the end of the period (which, as of the date of the enactment of this section, is 2 years) for which the Secretary accepts claims for payment under this title with respect to such quarter.
								(3)Use of Federal
				payments
								(A)Application of
 Medicaid limitationsA State may only use Federal payments received under paragraph (1) for expenditures for which Federal funds would have been payable under this title but for this section.
								(B)Limitation for
				certain eligibles
									(i)Application of
 100 percent federal poverty line limit on eligibilitySubject to clause (iii), a State may not use such Federal payments to provide medical assistance for an individual who has an income (as determined under clause (ii)) that exceeds 100 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved.
									(ii)Determination
				of income using modified adjusted gross income without any 5
			 percent
 increaseIn determining income for purposes of clause (i) under section 1902(e)(14) (relating to modified adjusted gross income), the following rules shall apply:
										(I)Application of
 spend downThe State shall take into account the costs incurred for medical care or for any other type of remedial care recognized under State law in the same manner and to the same extent that such State takes such costs into account for purposes of section 1902(a)(17).
										(II)Disregard of 5
 percent increaseSubparagraph (I) of section 1902(e)(14) (relating to a 5 percent reduction) shall not apply.
 (iii)ExceptionClause (i) shall not apply to an individual who is—
 (I)a woman described in clause (i) of section 1903(v)(4)(A);
 (II)a child who is an individual described in clause (i) of section 1905(a);
 (III)enrolled in a State plan under this title as of the date of the enactment of this section for the period of continuous enrollment; or
 (IV)described in section 1902(e)(14)(D) (relating to modified adjusted gross income).
										(iv)Clarification
 related to community spouseNothing in this subparagraph shall supersede the application of section 1924 (related to community spouse income and assets).
									(4)Exceptions for
				pass-through payments
								(A)In
 generalParagraph (1) shall not apply, and amounts shall continue to be payable under this title (and not under this subsection), in the case of the following payments (and related administrative costs and expenditures):
									(i)Payments to
 territoriesPayments to a State other than the 50 States and the District of Columbia.
									(ii)Medicare cost
 sharingPayments attributable to Medicare cost sharing under section 1905(p).
									(iii)Pediatric
 vaccinesPayments attributable to section 1928. (iv)Emergency services for certain individualsPayments for treatment of emergency medical conditions attributable to the application of section 1903(v)(2).
									(v)Indian health
 care facilitiesPayments for medical assistance described in the third sentence of section 1905(b).
									(vi)Employer-sponsored
 insurance (ESI)Payments for medical assistance attributable to payments to employers for employer-sponsored health benefits coverage.
									(vii)Other
 populations with limited benefit coverageOther payments that are determined by the Secretary to be related to a specified population for which the medical assistance under this title is limited and does not include any inpatient, nursing facility, or long-term care services.
									(B)Certain
 expensesParagraph (1) shall not apply, and amounts shall continue to be payable under this title (and not under this subsection), in the case of the following:
									(i)Administration
 of medicare prescription drug benefitExpenditures described in section 1935(b) (relating to administration of the Medicare prescription drug benefit).
									(ii)Payments for
 HIT bonusesPayments under section 1903(a)(3)(F) (relating to payments to encourage the adoption and use of certified EHR technology).
									(iii)Payments for
				design, development, and installation of MMIS and eligibility
 systemsPayments under subparagraphs (A)(i) and (H)(i) of section 1903(a)(3) for expenditures for design, development, and installation of the Medicaid management information systems and mechanized verification and information retrieval systems (related to eligibility).
									(5)Payment of
				amounts
								(A)In
 generalExcept as the Secretary may otherwise provide, amounts shall be payable to a State under this subsection in the same manner as amounts are payable under subsection (d) of section 1903 to a State under subsection (a) of such section.
								(B)Information and
				forms
 (i)SubmissionAs a condition of receiving payment under this subsection, a State shall submit such information, in such form, and manner, as the Secretary shall specify, including information necessary to make the computations under subsections (c)(2)(C) and (e).
									(ii)Uniform
 reportingThe Secretary shall develop such forms as may be needed to assure a system of uniform reporting of such information across States.
									(C)Required
				reporting of information on medical loss ratios for managed
 careThe information required to be reported under subparagraph (B)(i) shall include information on the medical loss ratio with respect to coverage provided under each Medicaid managed care plan with a contract with the State under section 1903(m) or 1932.
								(b)Aggregate
				beneficiary-Based amount
							(1)In
 generalThe aggregate beneficiary-based amount specified in this subsection for a State for a quarter is equal to the sum of the products, for each of the categories of Medicaid beneficiaries specified in paragraph (2), of the following:
								(A)Beneficiary-based
 quarterly amountThe beneficiary-based quarterly amount for such category computed under subsection (c) for such State for such quarter.
								(B)Number of
 individuals in categorySubject to subsection (d), the average number of Medicaid beneficiaries enrolled in such category in the State in such quarter.
 (2)CategoriesThe categories specified in this paragraph are the following:
 (A)ElderlyA category of Medicaid beneficiaries who are 65 years of age or older.
								(B)Blind or
 disabledA category of Medicaid beneficiaries not described in subparagraph (A) who are described in section 1937(a)(2)(B)(ii).
 (C)ChildrenA category of Medicaid beneficiaries not described in subparagraph (B) who are under 21 years of age.
								(D)Other
 adultsA category of any Medicaid beneficiaries who are not described in a previous subparagraph of this paragraph.
								(c)Computation of
				per beneficiary, per category quarterly amount
							(1)In
 generalFor a State, for each category of beneficiary for a quarter—
								(A)First reform
 yearFor quarters in the first reform year (as defined in subsection (k)(2)), the beneficiary-based quarterly amount is equal to 1/4 of the base average per beneficiary Federal payments for such State for such category determined under paragraph (2), increased by a factor that reflects the sum of the following:
									(i)Historical
 medical care component of CPI through previous reform yearThe percentage increase in the historical medical care component of the Consumer Price Index for all urban consumers (U.S. city average) from the midpoint of the base fiscal year (as defined in paragraph (6)) to the midpoint of the fiscal year preceding the first reform year.
									(ii)Projected
 medical care component of CPI for the first reform yearThe percentage increase in the projected medical care component of the Consumer Price Index for all urban consumers (U.S. city average) from the midpoint of the previous fiscal year referred to in clause (i) to the midpoint of the first reform year.
									(B)Second and third
 reform yearsThe beneficiary-based quarterly amount for a State for a category for quarters in the second reform year or the third reform year is equal to the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase (as defined in subparagraph (E)) for such category and reform year.
								(C)Fourth through
 tenth reform yearsThe beneficiary-based quarterly amount for a State for a category for quarters in a reform year beginning with the fourth reform year and ending with the tenth reform year is—
 (i)in the case of a State that is a high per beneficiary State or a low per beneficiary State (as defined in paragraph (4)(B)(iii)) for the category, the amount determined under clause (i) or (ii) of paragraph (4)(B) for such State, category, and reform year; or
 (ii)in the case of any other State, the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase for such category and reform year.
									(D)Eleventh reform
 year and subsequent reform yearsThe beneficiary-based quarterly amount for a State for a category for quarters in a reform year beginning with the eleventh reform year is equal to the beneficiary-based quarterly amount under this paragraph for such State and category for the previous reform year increased by the per beneficiary percentage increase for such category and reform year.
								(E)Annual
 percentage increase beginning with second reform yearFor purposes of this subsection, the term per beneficiary percentage increase means, for a reform year, the sum of—
 (i)the projected percentage change in nominal gross domestic product from the midpoint of the previous reform year to the midpoint of the reform year for which the percentage increase is being applied; and
 (ii)one percentage point.
									(2)Base per
				beneficiary, per category amount for each State
								(A)Average per
				category
									(i)In
 generalThe Secretary shall determine, consistent with this paragraph and paragraph (3), a base per beneficiary, per category amount for each of the 50 States and the District of Columbia equal to the average amount, per Medicaid beneficiary, of Federal payments under this title, including payments attributable to disproportionate share hospital payments under section 1923, for each of the categories of beneficiaries under subsection (b)(2) for the base fiscal year for each of the 50 States and the District of Columbia.
									(ii)Best available
 dataThe determination under clause (i) shall initially be estimated by the Secretary, based upon the best available data at the time the determination is made.
 (iii)UpdatesThe determination under clause (i) shall be updated by the Secretary on an annual basis based upon improved data. The Secretary shall adjust the amounts under subsection (a)(1)(A) to reflect changes in the amounts so determined based on such updates.
									(B)Exclusion of
 pass-through paymentsIn computing base per beneficiary, per category amounts under subparagraph (A)(i) the Secretary shall exclude payments described in subsection (a)(4).
								(C)Standardization
									(i)In
 generalIn computing each such amount, the Secretary shall standardize the amount in order to remove the variation attributable to the following:
										(I)Risk
 factorsSuch risk factors as age, health and disability status (including high cost medical conditions), gender, institutional status, and such other factors as the Secretary determines to be appropriate, so as to ensure actuarial equivalence.
 (II)GeographicVariations in costs on a county-by-county basis.
										(ii)Method of
				standardization
										(I)Consultation in
 development of risk standardizationIn developing the methodology for risk standardization for purposes of clause (i)(I), the Secretary shall consult with the Medicaid and CHIP Payment and Access Commission, the Medicare Payment Advisory Commission, and the National Association of Medicaid Directors.
										(II)Method for risk
 standardizationIn carrying out clause (i)(I), the Secretary may apply the hierarchal condition category methodology under section 1853(a)(1)(C). If the Secretary uses such methodology, the Secretary shall adjust the application of such methodology to take into account the differences in services provided under this title compared to title XVIII, such as the coverage of long term care, pregnancy, and pediatric services.
										(III)Method for
 geographic standardizationThe Secretary shall apply the standardization under clause (i)(II) in a manner similar to that applied under section 1853(c)(4)(A)(iii).
										(iii)Application on
 a national, budget neutral basisThe standardization under clause (i) shall be designed and implemented on a uniform national basis and shall be budget neutral so as to not result in any aggregate change in payments under subsection (a).
									(iv)Response to new
 riskSubject to clause (iii), the Secretary may adjust the standardization under clause (i) to respond promptly to new instances of communicable diseases and other public health hazards.
									(v)Reference to
 application of risk adjustmentFor rules related to the application of risk adjustment to amounts under subsection (a)(1)(A), see subsection (e).
									(D)Adjustment for
 temporary FMAP increasesIn computing each base per beneficiary, per category amounts under subparagraph (A)(i) the Secretary shall disregard portions of payments that are attributable to a temporary increase in the Federal matching rates, including those attributable to the following:
									(i)PPACA disaster
 FMAPSection 1905(aa). (ii)ARRASection 5001 of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 1396d note).
									(iii)Extraordinary
 employer pension contributionSection 614 of the Children's Health Insurance Program Reauthorization Act of 2009 (42 U.S.C. 1396d note).
									(3)Allocation of
 nonmedical assistance paymentsThe Secretary shall establish rules for the allocation of payments under this title (other than those payments described in paragraph (1) or (5) of section 1903(a) and including such payments attributable to section 1923)—
 (A)among different categories of beneficiaries; and
 (B)between payments included under subsection (a)(1) and payments described in subsection (a)(4).
								(4)Transition to a
				corridor around the national average
								(A)Determination of
 national average base per beneficiary, per category amountSubject to subparagraph (C), the Secretary shall determine a national average base per beneficiary, per category amount equal to the average of the base per beneficiary, per category amounts for each of the 50 States and the District of Columbia determined under paragraph (2), weighted by the average number of beneficiaries in each such category and State as determined by the Secretary consistent with subsection (d) for the base fiscal year.
								(B)Transition
				adjustment
									(i)High per
 beneficiary statesIn the case of a high per beneficiary State (as defined in clause (iii)(I)) for a category, the beneficiary-based quarterly amount for such State and category for a quarter in a reform year (beginning with the fourth reform year and ending with the tenth reform year) is equal to the sum of—
 (I)the product of the State-specific factor for such reform year (as defined in clause (iv)) and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for such State and category if the State were a State described in clause (ii) of paragraph (1)(C), instead of a State described in clause (i) of such paragraph; and
 (II)the product of 1 minus the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for a State and category if the base per beneficiary, per category amount determined under paragraph (2) for the State and category were equal to 110 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category.
										(ii)Low per
 beneficiary statesIn the case of a low per beneficiary State (as defined in clause (iii)(II)) for a category, the beneficiary-based quarterly amount for such State and category for a quarter in a reform year (beginning with the fourth reform year and ending with the tenth reform year) is equal to the sum of—
 (I)the product of the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for such State and category if the State were a State described in clause (ii) of paragraph (1)(C), instead of a State described in clause (i) of such paragraph; and
 (II)the product of 1 minus the State-specific factor for such reform year and the beneficiary-based quarterly amount that would otherwise be determined under paragraph (1) for a State and category if the base per beneficiary, per category amount determined under paragraph (2) for the State and category were equal to 90 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category.
										(iii)High and low
 per beneficiary States definedIn this subparagraph: (I)High per beneficiary StateThe term high per beneficiary State means, with respect to a category, a State for which the base per beneficiary, per category amount determined under paragraph (2) for such category is greater than 110 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category.
										(II)Low per
 beneficiary StateThe term low per beneficiary State means, with respect to a category, a State for which the base per beneficiary, per category amount determined under paragraph (2) for such category is less than 90 percent of the national average base per beneficiary, per category amount determined under subparagraph (A) for such category.
										(iv)State-specific
 factorIn this subparagraph, the term State-specific factor means—
 (I)for the fourth reform year, 7/8; and
 (II)for a subsequent reform year, the State-specific factor under this clause for the previous reform year minus 1/8.
										(C)No additional
				expenditures
									(i)Determination of
 increase in Federal expendituresFor each category for each reform year (beginning with the fourth reform year and ending with the tenth reform year), the Secretary shall determine whether the application of this paragraph—
 (I)to the category for the reform year will result in an aggregate increase in the aggregate Federal expenditures under subsection (a); and
 (II)to all the categories for the reform year will result in a net aggregate increase in the aggregate Federal expenditures under subsection (a).
 (ii)AdjustmentIf the Secretary determines under clause (i)(II) that the application of this paragraph to all the categories for a reform year will result in a net aggregate increase in the aggregate Federal expenditures under subsection (a), the Secretary shall reduce the national average base per beneficiary, per category amount computed under subparagraph (A) for each of the categories determined under clause (i)(I) for which there will be an aggregate increase in the aggregate Federal expenditures under subsection (a) by such uniform percentage as will ensure that there is no net aggregate Federal expenditure increase described in clause (i)(II) for the reform year.
									(5)Reports on per
				beneficiary rates; appeals
								(A)Report to
 statesNot later than 8 months after the date of the enactment of this section, the Secretary shall submit to each State the Secretary’s initial determination of—
 (i)the base per beneficiary, per category amounts under paragraph (2) for such State; and
 (ii)the national average base per beneficiary, per category amounts under paragraph (4)(A).
									(B)Opportunity to
 appealNot later than 3 months after the date a State receives notice of the Secretary’s initial determination of such base per beneficiary, per category amounts for such State under subparagraph (A)(i), the State may file with the Secretary, in a form and manner specified by the Secretary, an appeal of such determination.
								(C)Determination on
 appealNot later than 3 months after receiving such an appeal, the Secretary shall make a final determination on such amounts for such State. If no such appeal is received for a State, the Secretary’s initial determination under subparagraph (A)(i) shall become final.
								(6)Base fiscal year
 definedIn this section, the term base fiscal year means the latest fiscal year, ending before the date of the enactment of this section, for which the Secretary determines that adequate data are available to make the computations required under this subsection.
							(d)Not counting
 individuals To account for excluded paymentsUnder rules specified by the Secretary, individuals shall not be counted as Medicaid beneficiaries for purposes of subsection (b)(1)(B) and subsection (c)(2)(A) in proportion to the extent that such individuals are receiving medical assistance for which payments described under subsection (a)(4)(A) are made.
						(e)Risk
				Adjustment
							(1)In
 generalThe amount under subsection (a)(1)(A) shall be adjusted under this subsection in an appropriate manner, specified by the Secretary and consistent with paragraph (2), to take into account—
 (A)the factors described in subsection (c)(2)(C)(i)(I) within a category of beneficiaries; and
 (B)variations in costs on a county-by-county basis for medical assistance and administrative expenses.
								(2)Method of
				adjustment
								(A)In
 generalThe adjustments under paragraph (1) shall be made in a manner similar to the manner in which similar adjustments are made under subsection (c)(2)(C) and consistent with the requirements of clause (iii) of such subsection and subparagraph (B).
								(B)Biannual update
 of risk adjustment methodologyIn applying clause (i)(I) of subsection (c)(2)(C) for purposes of subparagraph (A), the Secretary shall, in consultation with the entities described in clause (ii)(I) of such subsection, update the risk adjustment methodology applied as appropriate not less often than every 2 years.
								(f)Chronic care
				quality bonus payments
							(1)Determination of
 bonus paymentsIf the Secretary determines that, based on the reports under paragraph (5), with respect to categories of chronic disease for which chronic care performance targets had been established under paragraph (3) for each category of Medicaid beneficiaries specified under subsection (b)(2) such targets have been met by a State for a reform year, the Secretary shall make an additional payment to such State in the amount specified in paragraph (6) for each quarter in the succeeding reform year. Such payments shall be made in a manner specified by the Secretary and may only be used consistent with subsection (a)(3).
							(2)Identification
 of categories of chronic diseaseThe Secretary shall determine the categories of chronic disease for which bonus payments may be available under this subsection for each category of Medicaid beneficiaries.
							(3)Adoption of
				quality measurement system and identification of performance
			 targets
								(A)System and
 dataWith respect to the categories of chronic disease under paragraph (2), the Secretary shall adopt a quality measurement system that uses data described in paragraph (4) and is similar to the Five-Star Quality Rating System used to indicate the performance of Medicare Advantage plans under part C of title XVIII.
 (B)TargetsUsing such system and data, the Secretary shall establish for each reform year the chronic care performance targets for purposes of the payments under paragraph (1). Such performance targets shall be established in consultation with States, associations representing individuals with chronic illnesses, entities providing treatment to such individuals for such chronic illnesses, and other stakeholders, including the National Association of Medicaid Directors and the National Governors Association.
								(4)Data to be
 usedThe data to be used under paragraph (3) shall include—
 (A)data collected through methods such as—
 (i)the Healthcare Effectiveness Data and Information Set (also known as HEDIS) (or an appropriate successor performance measurement tool);
 (ii)the Consumer Assessment of Healthcare Providers and Systems (also known as CAHPS) (or an appropriate successor performance measurement tool); and
 (iii)the Health Outcomes Survey (also known as HOS) (or an appropriate successor performance measurement tool); and
 (B)other data collected by the State.
								(5)Reports
								(A)In
 generalEach State shall collect, analyze, and report to the Secretary, at a frequency and in a manner to be established by the Secretary, data described in paragraph (4) that permit the Secretary to monitor the State’s performance relative to the chronic care performance targets established under paragraph (3).
								(B)Review and
 verificationThe Secretary may review the data collected by the State under subparagraph (A) to verify the State’s analysis of such data with respect to the performance targets under paragraph (3).
								(6)Amount of bonus
				payments
								(A)In
 generalSubject to subparagraphs (B) and (C), with respect to each category of Medicaid beneficiaries, in the case of a State that the Secretary determines, based on the chronic care performance targets set under paragraph (3) for a reform year for such category, performs—
 (i)in the top five States in such category, subject to subparagraph (C)(ii), the amount of the bonus for each quarter in the succeeding reform year shall be 10 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category;
 (ii)in the next five States in such category, subject to subparagraph (C)(ii), the amount of the bonus for each such quarter shall be 5 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category;
 (iii)in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 3 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category;
 (iv)in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 2 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category; and
 (v)in the next five States in such category, subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus for each such quarter shall be 1 percent of the payment amount otherwise paid to the State under subsection (a) for individuals enrolled under the plan within such category.
									(B)Aggregate annual
				limit for each category of Medicaid beneficiaries
									(i)In
 generalIn no case may the aggregate amount of bonuses under this subsection for quarters in a reform year for a category of Medicaid beneficiaries exceed the limit specified in clause (ii) for the reform year.
 (ii)LimitThe limit specified in this clause—
 (I)for the second reform year is equal to $250,000,000; or
 (II)for a subsequent reform year is equal to the limit specified in this clause for the previous reform year increased by the per beneficiary percentage increase determined under paragraph (1)(E) of subsection (c).
										(C)Limitation and
				proration of bonuses based on application of aggregate limit
									(i)No bonus for
				third or subsequent tiers unless aggregate limit not reached on
			 first two
 tiersNo bonus shall be payable under clause (iii), (iv), or (v) of subparagraph (A) for a category of Medicaid beneficiaries for a quarter in a reform year unless the aggregate amount of bonuses under clauses (i) and (ii) of such subparagraph for such category and reform year is less than the limit specified in subparagraph (B)(ii) for the reform year.
									(ii)Proration for
 first two tiersIf the aggregate amount of bonuses under clauses (i) and (ii) of subparagraph (A) for a category of Medicaid beneficiaries for quarters in a reform year exceeds the limit specified in subparagraph (B)(ii) for the reform year, the amount of each such bonus shall be prorated in a manner so the aggregate amount of such bonuses is equal to such limit.
									(iii)Proration for
 next three tiersIf the aggregate amount of bonuses under clauses (i) and (ii) of subparagraph (A) for a category of Medicaid beneficiaries for quarters in a reform year is less than the limit specified in subparagraph (B)(ii) for the reform year, but the aggregate amount of bonuses under clauses (i) through (v) of subparagraph (A) for the category and such quarters in the reform year exceeds the limit specified in subparagraph (B)(ii) for the reform year, the amount of each bonus in clauses (iii), (iv), and (v) of subparagraph (A) shall be prorated in a manner so the aggregate amount of all the bonuses under subparagraph (A) is equal to such limit.
									(g)State option for
				receiving Medicare payments for full-Benefit dual eligible
			 individuals
							(1)In
 generalUnder this subsection a State may elect for quarters beginning on or after the implementation date in a reform year to receive payment from the Secretary under paragraph (3). As a condition of receiving such payment, the State shall agree to provide to full-benefit dual eligible individuals eligible for medical assistance under the State plan—
 (A)the medical assistance to which such eligible individuals would otherwise be entitled under this title; and
 (B)any items and services which such eligible individuals would otherwise receive under title XVIII.
								(2)Provider payment
				requirement
								(A)In
 generalA State electing the option under this subsection shall provide payment to health care providers for the items and services described under paragraph (1)(B) at a rate that is not less than the rate at which payments would be made to such providers for such items and services under title XVIII.
								(B)Flexibility in
 payment methodsNothing in subparagraph (A) shall be construed as preventing a State from using alternative payment methodologies (such as bundled payments or the use of accountable care organizations (as such term is used in section 1899)) for purposes of making payments to health care providers for items and services provided to dual eligible individuals in the State under the option under this subsection.
								(3)Payments to
 States in lieu of Medicare paymentsWith respect to a full-benefit dual eligible individual, in the case of a State that elects the option under paragraph (1) for quarters in a reform year—
 (A)the Secretary shall not make any payment under title XVIII for items and services furnished to such individual for such quarters; and
 (B)the Secretary shall pay to the State, in addition to the amounts paid to such State under subsection (a), the amount that the Secretary would, but for this subsection, otherwise pay under title XVIII for items and services furnished to such an individual in such State for such quarters.
								(4)Full-benefit
 dual eligible individual definedIn this subsection, the term full-benefit dual eligible individual means an individual who meets the requirements of section 1935(c)(6)(A)(ii).
 (h)AuditsThe Secretary shall conduct such audits on the number and classification of Medicaid beneficiaries under such subsections and expenditures under this section as may be necessary to ensure appropriate payments under this section.
						(i)Treatment of
				waivers
							(1)No impact on
 current waiversIn the case of a waiver of requirements of this title pursuant to section 1115 or other law that is in effect as of the date of the enactment of this section, nothing in this section shall be construed to affect such waiver for the period of the waiver as approved as of such date.
							(2)Application of
				budget neutrality to subsequent waivers and renewals taking section
			 into
 accountIn the case of a waiver of requirements of this title pursuant to section 1115 or other law that is approved or renewed after the date of the enactment of this section, to the extent that such approval or renewal is conditioned upon a demonstration of budget neutrality, budget neutrality shall be determined taking into account the application of this section.
							(j)Report to
 CongressNot later than January 1 of the second reform year, the Secretary shall submit to Congress a report on the implementation of this section.
 (k)DefinitionsIn this section:
							(1)Implementation
 dateThe term implementation date means—
 (A)July 1, 2018, if this section is enacted on or before July 1, 2017; or
 (B)July 1, 2019, if this section is enacted after July 1, 2017.
								(2)Reform
				years
 (A)The term reform year means a fiscal year beginning with the first reform year.
 (B)The term first reform year means the fiscal year in which the implementation date occurs.
 (C)The terms second, third, and successive similar terms mean, with respect to a reform year, the second, third, or successive reform year, respectively, succeeding the first reform year..
			(b)Conforming
			 amendments
				(1)Continued
			 application of clawback provisions
					(A)Continued
 applicationSubsections (a) and (c)(1)(C) of section 1935 of such Act (42 U.S.C. 1396u–5) are each amended by inserting or 1903A(a) after 1903(a).
					(B)Technical
 amendmentSection 1935(d)(1) of the Social Security Act (42 U.S.C. 1396u–5(d)(1)) is amended by inserting except as provided in section 1903A(g) after any other provision of this title.
					(2)Payment rules
			 under section 1903
 (A)Section 1903(a) of such Act (42 U.S.C. 1396b(a)) is amended, in the matter before paragraph (1), by inserting and section 1903A after except as otherwise provided in this section.
 (B)Section 1903(d) of such Act (42 U.S.C. 1396b(d)) is amended—
 (i)in paragraph (1), by inserting and under section 1903A after subsections (a) and (b);
 (ii)in paragraph (2)— (I)in subparagraph (A), by inserting or section 1903A after was made under this section; and
 (II)in subparagraph (B), by inserting or section 1903A after under subsection (a);
 (iii)in paragraph (4)—
 (I)by striking under this subsection and inserting , with respect to this section or section 1903A, under this subsection; and
 (II)by striking under this section and inserting under the respective section; and
 (iv)in paragraph (5), by inserting or section 1903A after overpayment under this section.
						(3)Conforming
 waiver authoritySection 1115(a)(2)(A) of the Social Security Act (42 U.S.C. 1315(a)(2)(A)) is amended by striking or 1903 and inserting 1903, or 1903A.
				(4)Report on
 additional conforming amendments neededNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that includes a description of any additional technical and conforming amendments to law that are required to properly carry out this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 2387
		IN THE HOUSE OF REPRESENTATIVES

			May 13, 2009
			Ms. Ros-Lehtinen (for
			 herself, Mr. Pence,
			 Mr. Burton of Indiana,
			 Mr. Gallegly,
			 Mr. Rohrabacher,
			 Mr. Mack, and
			 Mr. McCaul) introduced the following
			 bill; which was referred to the Committee
			 on Foreign Affairs

		A BILL
		To require the use of long-term strategies for United
		  States national security, diplomacy, and foreign assistance and the full use of
		  performance-based budgeting for foreign assistance programs, projects, and
		  activities, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Strategy and Effectiveness of Foreign
			 Policy and Assistance Act of 2009.
		2.FindingsCongress finds the following:
			(1)Section 108 of the National Security Act of
			 1947 (50 U.S.C. 404a) requires that the President shall transmit to Congress
			 each year a comprehensive report on the national security strategy of the
			 United States at the same time that the President submits the budget for the
			 following fiscal year under section 1105 of title 31, United States
			 Code.
			(2)The national
			 security strategy report sets forth the national security strategy of the
			 United States and includes a comprehensive description and discussion of the
			 worldwide interests, goals, and objectives of the United States that are vital
			 to the national security of the United States and also the proposed short-term
			 and long-term uses of the political, economic, military, and other elements of
			 the national power of the United States to protect or promote United States
			 national security interests.
			(3)The Government
			 Performance and Results Act of 1993 (Public Law 103–62) requires United States
			 Government departments and agencies to set goals, measure performance, report
			 on their accomplishments, establish long-term strategic goals as well as annual
			 goals, define clear missions and desired outcomes, measure performance as a
			 means of gauging progress, and utilize performance information as a basis for
			 decisionmaking.
			(4)Under the
			 administration of President George W. Bush and in accordance with the
			 Government Performance and Results Act of 1993, all United States Government
			 departments and agencies were required to conduct performance-based budgeting
			 and planning as guided by the Office of Management and Budget’s Program
			 Assessment Rating Tool (PART), in order to ensure more accurate assessment of
			 program performance and to drive a sustained focus on program results.
			(5)In January 2006, Secretary of State
			 Condoleezza Rice stated that the United States foreign assistance structure
			 risks incoherent policies, ineffective programs, and wasted resources when
			 spending is not strategically tied to overarching United States goals.
			(6)The Department of State and the United
			 States Agency for International Development (USAID) developed a Joint Strategic
			 Plan for Fiscal Years 2007–2012, which outlines strategic goals shared by both
			 agencies, and implemented a joint Department of State-USAID foreign assistance
			 budget process starting with the fiscal year 2008 budget request.
			(7)In 2008, the Department of State approved
			 plans for new Department of State-USAID Country Assistance Strategies that
			 would take a comprehensive approach by including the efforts of all United
			 States agencies providing foreign assistance in a country and by including an
			 overall strategic approach for such foreign assistance.
			(8)The Department of
			 State and USAID have participated in a pilot performance-reporting program
			 launched by the Office of Budget and Management aimed at streamlining Federal
			 agency reporting while retaining ongoing efforts to directly integrate budget
			 and performance planning and reporting.
			(9)USAID seeks to
			 apply performance management by implementing a five-step
			 strategic management process that includes mission performance plans, the
			 Department of State and USAID Joint Strategic Plan, annual reports, a
			 performance and accountability report, agency policy frameworks, and bureau
			 strategic frameworks.
			(10)In the report entitled Foreign Aid
			 Reform: Comprehensive Strategy, Interagency Coordination, and Operational
			 Improvements Would Bolster Current Efforts, the Government
			 Accountability Office found that, until the Department of State develops and
			 implements a comprehensive, integrated United States foreign assistance
			 strategy, it will lack assurance that programs are strategically tied to
			 overarching United States goals and that, by basing its annual operational
			 plans and Country Assistance Strategies on a standardized program structure,
			 the Department of State was, in fact, attempting to tie its planning and
			 budgeting to strategic foreign policy objectives.
			3.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)under the direction of the President, the
			 Secretary of State and the Administrator of the United States Agency for
			 International Development (USAID) should, to the maximum extent practicable,
			 make funding decisions on the basis of a long-term strategy that addresses
			 national security, diplomatic, and foreign assistance objectives and needs of
			 the United States; and
			(2)while steps
			 already taken towards performance management and budgeting by the Department of
			 State and USAID are commendable, there remains a need for budget requests for
			 the Department of State, USAID, and other foreign affairs agencies to be more
			 effectively integrated with national security objectives and program evaluation
			 and management.
			4.Report on
			 long-term strategies for United States national security, diplomacy, and
			 foreign assistance
			(a)Report
			 requiredOn the date on which
			 the President transmits to Congress the comprehensive report on the national
			 security strategy of the United States under section 108 of the National
			 Security Act of 1947 and the budget for the following fiscal year under section
			 1105 of title 31, United States Code, the President shall transmit to the
			 Congress a comprehensive report on—
				(1)the organizational
			 structures of the Department of State, the United States Agency for
			 International Development (USAID), and other foreign affairs agencies;
			 and
				(2)the extent to
			 which the organizational structures of such departments and agencies and United
			 States foreign assistance programs, budget plans, personnel decisions, and
			 public diplomacy are related to a long-term strategy that advances national
			 security objectives and needs of the United States.
				(b)Matters To be
			 includedThe report required by subsection (a) shall include the
			 following:
				(1)An outline of the
			 Department of State’s and USAID’s staffing and operation of United States
			 embassies, consulates, and missions abroad and staffing and operation of the
			 Department of State’s and USAID’s headquarters and other offices in the United
			 States and an analysis of how decisions relating to organization, staffing, and
			 operations relate to and advance specific objectives of the national security
			 strategy of the United States.
				(2)A
			 review of the means through which cooperation is ensured between the Department
			 of State and USAID and the Departments of Defense, Homeland Security, Treasury,
			 and Commerce and the Office of the United States Trade Representative, the Drug
			 Enforcement Agency, and United States intelligence agencies.
				(3)An explanation of the scenarios for
			 possible United States responses to crisis management and long-term policy
			 challenges and of the processes by which the Department of State develops such
			 scenarios.
				(4)Recommendations
			 for improving the processes by which the Department of State develops scenarios
			 for possible United States responses to crisis management and long-term policy
			 challenges in order to incorporate nontraditional threat planning circumstances
			 and input from other Federal departments and agencies and nongovernmental
			 organizations.
				(c)Additional
			 matters To be includedWith
			 respect to each foreign assistance funding request of the Department of State,
			 USAID, and other foreign affairs agencies contained in the budget for the
			 following fiscal year under section 1105 of title 31, United States Code, the
			 report required by subsection (a) shall include the following:
				(1)The short-term and
			 long-term justification for the funding request.
				(2)In the case of a
			 funding request for a new program, project, or activity or an increased funding
			 request of an existing program, project, or activity, a comprehensive
			 explanation of how and the extent to which the new or increased funding will
			 meet the requirements of this section.
				5.Reorganization of
			 certain Department of State and USAID offices and bureaus
			(a)ReorganizationIn furtherance of the objectives and
			 requirements of this Act, the President shall take such actions as are
			 necessary to integrate the offices and bureaus described in subsection (b) into
			 a single office in the Department of State to be known as the Office of
			 Long-Term Planning and Resource Management.
			(b)Offices and
			 bureaus describedThe offices and bureaus described in this
			 subsection shall include the following:
				(1)The Office of Policy Planning, the Office
			 of Resource Management, and the Office of the Director of Foreign Assistance of
			 the Department of State.
				(2)The Bureau of
			 Budget/Performance/Accountability of the United States Agency for International
			 Development.
				6.Report on
			 performance-based budgeting by the Department of State, USAID, and other
			 foreign affairs agencies
			(a)Report
			 requiredOn the date on which
			 the President transmits to Congress the comprehensive report on the national
			 security strategy of the United States under section 108 of the National
			 Security Act of 1947, the budget for the following fiscal year under section
			 1105 of title 31, United States Code, and the report required by section 4 of
			 this Act, the Comptroller General of the United States shall submit to the
			 specified congressional committees a report on—
				(1)uses by the
			 Department of State, the United States Agency for International Development,
			 and other foreign affairs agencies of performance-based or performance
			 management budgeting with respect to foreign assistance programs, projects, and
			 activities;
				(2)the relation of
			 such performance-based or performance management budgeting to the requirements
			 under the Government Performance and Results Act of 1993 and the requirements
			 under this Act; and
				(3)recommendations for improving such
			 performance-based or performance management budgeting.
				(b)Specified
			 congressional committeesThe congressional committees specified
			 in subsection (a) are—
				(1)the Committee on Foreign Affairs and the
			 Committee on Appropriations of the House of Representatives; and
				(2)the Committee on
			 Foreign Relations and the Committee on Appropriations of the Senate.


		IV
		112th CONGRESS
		2d Session
		H. RES. 824
		IN THE HOUSE OF REPRESENTATIVES

			December 4, 2012
			Mr. Wolf (for
			 himself, Mr. Broun of Georgia,
			 Mr. Campbell,
			 Mr. Wilson of South Carolina,
			 Mr. Gohmert,
			 Mr. Culberson,
			 Mr. Aderholt,
			 Mr. Cravaack,
			 Mr. Brooks,
			 Mr. Wittman,
			 Mr. Duncan of South Carolina,
			 Mr. Griffin of Arkansas,
			 Mr. Meehan,
			 Mr. Posey, and
			 Mr. King of Iowa) submitted the
			 following resolution; which was referred to the
			 Committee on
			 Rules

		RESOLUTION
		Establishing a select committee to
		  investigate and report on the attack on the United States consulate in
		  Benghazi, Libya.

		That
		1.EstablishmentThere is hereby established a select
			 Committee to investigate and report on the attack on the American consulate in
			 Benghazi, Libya (hereinafter referred to as the select
			 committee).
		2.Composition
			(a)The select
			 committee shall be composed of 17 members as follows:
				(1)The chair and ranking member of the
			 Committee on Armed Services (or a designee from among the members of that
			 committee).
				(2)The chair and ranking member of the
			 Committee on Foreign Affairs (or a designee from among the members of that
			 committee).
				(3)The chair and ranking member of the
			 Permanent Select Committee on Intelligence (or a designee from among the
			 members of that committee).
				(4)The chair and ranking member of the
			 Committee on the Judiciary (or a designee from among the members of that
			 committee).
				(5)The chair and ranking member of the
			 Committee on Oversight and Government Reform (or a designee from among the
			 members of that committee).
				(6)Five Members
			 appointed by the Speaker.
				(7)Two Members
			 appointed by the Speaker after consultation with the minority leader.
				If the
			 chair or ranking member of any such committee declines to serve on the select
			 committee, then the Speaker in the case of a chair, or the Speaker after
			 consultation with the minority leader in the case of a ranking member, shall
			 designate the member or members from that committee to serve on the select
			 committee.(b)The Speaker shall
			 designate one member as chairman and the minority leader shall designate one
			 member as the ranking minority member of the select committee.
			3.Investigation and
			 report on the attack on the United States consulate in Benghazi,
			 LibyaNot later than 90 days
			 after the initial meeting of the select committee, the select committee shall
			 conduct an investigation of and submit to the House a report on—
			(1)any intelligence known to the United States
			 relating to the attack on the United States consulate in Benghazi, Libya, on
			 September 11, 2012;
			(2)any requests for additional security, or
			 actions taken by Federal agencies to improve security at the consulate before
			 the attack;
			(3)a definitive timeline of the attack;
			(4)how the relevant
			 agencies and the executive branch responded to the attack and whether
			 appropriate congressional notifications were made;
			(5)any improper
			 conduct by officials relating to the attack;
			(6)recommendations on
			 what steps Congress and the President should take to prevent future attack;
			 and
			(7)any other relevant
			 issues relating to the attack or the response to the attack.
			4.Procedures of the
			 select committeeRule XI of
			 the Rules of the House of Representatives, including clause 2(j)(1)
			 (guaranteeing the minority additional witnesses) and clause 2(m)(3) (providing
			 for the authority to subpoena witnesses and documents), shall apply to the
			 select committee.
		5.Joint
			 operationsThe chair of the
			 select committee, in conducting the investigation described in section 3, may
			 consult with the chair of any Senate committee conducting a parallel
			 investigation regarding meeting jointly to receive testimony, the scheduling of
			 hearings or issuance of subpoenas, and joint staff interviews of key
			 witnesses.
		6.Staff;
			 funding
			(a)(1)To the extent
			 practicable, the select committee shall utilize the services of staff of
			 employing entities of the House. At the request of the chair in consultation
			 with the ranking minority member, staff of employing entities of the House may
			 be detailed to the select committee to carry out this resolution and shall be
			 deemed to be staff of the select committee.
				(2)The chair, upon consultation with the
			 ranking minority member, may employ and fix the compensation of such staff as
			 the chair considers necessary to carry out this resolution.
				(b)There are
			 authorized to be appropriated from the applicable accounts of the House such
			 sums as may be necessary to carry out this resolution. Payments for the
			 expenses of the select committee shall be made on vouchers signed by the
			 chairman and approved in the manner directed by the Committee on House
			 Administration. Amounts made available under this subsection shall be expended
			 in accordance with regulations prescribed by the Committee on House
			 Administration.
			7.Dissolution and
			 disposition of records
			(a)The select committee shall cease to exist
			 30 days after filing the report required under section 3.
			(b)Upon dissolution
			 of the select committee, the records of the select committee shall become the
			 records of any committee designated by the Speaker.