		II
		112th CONGRESS
		2d Session
		S. 2249
		IN THE SENATE OF THE UNITED STATES

			March 28, 2012
			Mr. Akaka introduced the
			 following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To provide for the reform of the Senior Executive
		  Service.

		1.Short
			 title and table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Senior Executive Service Reform
			 Act of 2012.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table
				of contents.
					TITLE I—Restoration of career leadership
					Sec. 101. Senior Executive Service agency
				appointments.
					Sec. 102. Career reserved position designation for certain
				administrative or management positions.
					TITLE II—Senior Executive Service pay and performance management
				improvement
					Sec. 201. Annual adjustment for senior executives and other
				senior employees at the fully successful level or higher.
					Sec. 202. Inclusion of executive performance awards and bonuses
				in basic pay for retirement annuities.
					Sec. 203. Certification of agency performance appraisal
				systems.
					Sec. 204. Transparency of ratings for performance appraisals
				and rating reductions of senior executives.
					Sec. 205. Transparency of Senior Executive Service rankings and
				pay.
					Sec. 206. Effective dates.
					TITLE III—Senior Executive Service career development
					Sec. 301. Senior Executive Service Resource Office.
					Sec. 302. Senior Executive Service executive development
				plans.
					Sec. 303. Senior executive onboarding programs.
					Sec. 304. Senior Executive Service rotation
				programs.
					Sec. 305. Effective date.
					TITLE IV—Senior Executive Service Diversity Assurance
					Sec. 401. Career appointments.
					Sec. 402. Encouraging a more diverse Senior Executive
				Service.

			IRestoration of
			 career leadership
			101.Senior
			 Executive Service agency appointmentsSection 3134 of title 5, United States Code,
			 is amended—
				(1)in subsection (b)—
					(A)by inserting
			 (1) after (b); and
					(B)by adding at the
			 end the following:

							(2)The total number of Senior Executive
				Service positions used to determine the 10-percent limitation under paragraph
				(1) for available positions for noncareer appointees shall be based on filled
				Senior Executive Service positions at the start of each fiscal year, not total
				authorized positions.
							;

					(2)in subsection
			 (d)(1), by striking 25 percent and inserting 15
			 percent;
				(3)by redesignating
			 subsection (e) as subsection (f); and
				(4)by inserting
			 after subsection (d) the following:

						(e)(1)The total number of
				Senior Executive Service positions used to determine the 15-percent limitation
				under subsection (d)(1) for available positions for noncareer appointees shall
				be based on filled Senior Executive Service positions at the start of each
				fiscal year, not total authorized
				positions.
							.
				102.Career
			 reserved position designation for certain administrative or management
			 positions
				(a)In
			 generalChapter 14 of title
			 5, United States Code, is amended by adding at the end the following:

						1403.Career
				reserved position designation for certain administrative or management
				positions
							(a)(1)The head of each agency
				referred to under paragraphs (1) and (2) of section 901(b) of title 31 shall
				establish a position which is, or is comparable to, an assistant secretary for
				administration or management.
								(2)Each agency assistant secretary for
				administration or management, or incumbent of a comparable position
				shall—
									(A)be appointed in accordance with the
				law, or if no law provides for that appointment, by the head of the
				agency;
									(B)be a member of the career Senior
				Executive Service;
									(C)be appointed or designated, as
				applicable, from among individuals who possess demonstrated ability in general
				management of, and knowledge of, and extensive practical experience in areas
				such as procurement, human capital, information technology, and related
				matters; and
									(D)perform such duties as the head of the
				agency shall prescribe.
									(b)If the individual
				serving in any position of assistant secretary or in any comparable position in
				an agency described under subsection (a) is not a career appointee as defined
				under section 3132(a)(4), the head of that agency shall appoint a career
				appointee to the position of the principal deputy to that assistant secretary
				or the officer in that comparable position.
							(c)The head of each
				agency shall appoint a career appointee to the positions which entail direct
				responsibility for agency-wide programs or functions in the following
				occupational disciplines:
								(1)Acquisition.
								(2)Information
				Technology.
								(3)Human
				Resources.
								.
				(b)Technical and
			 conforming amendmentThe table of sections for chapter 14 of
			 title 5, United States Code, is amended by inserting after the item relating to
			 section 1402 the following:

							Sec. 1403. Career reserved position
				designation for certain administrative or management
				positions.

						.
				(c)RegulationsThe
			 Office of Personnel Management shall prescribe regulations to carry out this
			 section.
				IISenior Executive
			 Service pay and performance management improvement
			201.Annual
			 adjustment for senior executives and other senior employees at the fully
			 successful level or higher
				(a)Prohibition on
			 quotas and forced distributionsSection 4314 of title 5, United States
			 Code, is amended by adding at the end the following:

						(d)Any determination under this section shall
				be made without the use of quotas or forced distribution of
				ratings.
						.
				(b)Pay for certain
			 senior-Level positionsSection 5376(b) of title 5, United States
			 Code, is amended by striking paragraph (2) and inserting the following:

						(2)(A)Subject to paragraph
				(1), effective at the beginning of the first applicable pay period commencing
				on or after the first day of the month in which an adjustment takes effect
				under section 5303 in the rates of pay under the General Schedule, each rate of
				pay established under this section for positions within an agency shall be
				adjusted, in the case of an employee in such a position whose most recent
				performance appraisal rating is the equivalent of fully successful or higher,
				by the total average adjustment in rates of pay authorized by sections 5303 and
				5304.
							(B)Subject to paragraph (1), subparagraph
				(A) of this paragraph shall not limit the authorization of an annual adjustment
				based on performance or contribution to agency mission that is greater than the
				amount provided for in this
				section.
							.
				(c)Setting senior
			 executive paySection 5383 of title 5, United States Code, is
			 amended by striking subsection (c) and inserting the following:

						(c)(1)Effective at the
				beginning of the first applicable pay period commencing on or after the first
				day of the month in which an adjustment takes effect under sections 5303 and
				5304 in the rates of pay under the General Schedule, each rate of pay
				established under this section for positions within an agency shall be
				adjusted, in the case of an employee in such a position whose most recent
				performance appraisal rating is the equivalent of fully successful or higher,
				by the total average adjustment in rates of pay authorized by sections 5303 and
				5304.
							(2)Subject to paragraph (1) this
				subsection shall not limit the authorization of an annual adjustment based on
				performance or contribution to agency mission that is greater than the amount
				provided for in this section.
							(3)This subsection shall comply with any
				requirement established under section 5382.
							(4)Except as provided under paragraph
				(3), this subsection shall not limit the head of an agency from authorizing an
				annual adjustment that is greater than the amount provided for in this
				section.
							.
				(d)Setting
			 individual senior-Level paySection 5383(e) of title 5, United
			 States Code, is amended by adding at the end the following:

						(3)(A)In this paragraph the
				term covered appointee means—
								(i)an appointee to a senior level
				position described under section 5376(a) (1) or (2); or
								(ii)an appointee to the FBI–DEA Senior
				Executive Service established under section 3151.
								(B)Paragraphs (1) and (2) shall apply to
				covered appointees—
								(i)by substituting covered
				appointee for career appointee; and
								(ii)by substituting a career
				position as a covered appointee for a career reserved position
				in the Senior Executive
				Service.
								.
				202.Inclusion of
			 executive performance awards and bonuses in basic pay for retirement
			 annuities
				(a)Definition of
			 basic paySection 8331(3) of
			 title 5, United States Code, is amended—
					(1)in subparagraph (G), by striking
			 and after the semicolon;
					(2)in the matter following subparagraph (H),
			 by striking subparagraphs (B) through (H) and inserting
			 subparagraphs (B) through (J); and
					(3)by inserting after subparagraph (H) the
			 following:

							(I)with respect to a
				member of the Senior Executive Service, performance awards under section 5384;
				and
							(J)with respect to a
				senior executive as defined under section 3132(a)(3), a member of the FBI–DEA
				Senior Executive Service established under section 3151, and senior level
				positions compensated under section 5376—
								(i)agency awards
				under section 4503;
								(ii)performance
				awards under section 4505a;
								(iii)bonuses under
				section 5754; and
								(iv)bonuses under
				section
				5753;
								.
					(b)ApplicationThe amendments made by this section only
			 apply to bonuses and awards granted to an employee after the date of enactment
			 of this Act.
				203.Certification
			 of agency performance appraisal systemsSection 5307(d)(3) of title 5, United States
			 Code, is amended—
				(1)in subparagraph
			 (A), by striking and the Office of Management and Budget
			 jointly;
				(2)in subparagraph (B), by striking not
			 to exceed 24 months and inserting of 36 months;
				(3)in subparagraph
			 (C), by striking , with the concurrence of the Office of Management and
			 Budget,; and
				(4)by adding at the
			 end the following:

						(D)(i)The Office of Personnel
				Management may annually review the information provided by agencies under
				section 4314(c)(6) to determine whether the agency meets minimum certification
				requirements.
							(ii)At the discretion of the Office, the
				Office may review the certification of an agency and request the agency to
				submit information to support certification at any time during the
				certification period.
							(E)(i)An agency that has
				received certification from the Office of Personnel Management shall not make
				changes to that agency’s performance appraisal system without approval from the
				Office of Personnel Management.
							(ii)The Office of Personnel Management
				shall review annual performance plans to ensure agency compliance and
				implementation.
							(F)The termination of certification
				during the certification period shall be preceded by—
							(i)notification from the Office of
				Personnel Management to an agency about what the agency is required to do to
				continue its certification; and
							(ii)a reasonable period of time
				following the notification referred to under clause (i) to take corrective
				action.
							.
				204.Transparency
			 of ratings for performance appraisals and rating reductions of senior
			 executivesSection 4314(c) of
			 title 5, United States Code, is amended—
				(1)in paragraph (2)—
					(A)by inserting (A) after
			 (1); and
					(B)by adding at the
			 end the following:

							(B)When recommending a lower rating than
				was assigned in the initial appraisal of a senior executive's performance, a
				written explanation providing reasons for the lower rating shall be provided to
				the senior executive by the board not later than the date the recommendation is
				made.
							;
					(2)in paragraph (3),
			 by inserting Not later than 30 days after an appraisal and rating is
			 made for a senior executive, the agency shall provide the senior executive with
			 notification of that appraisal and rating, including, as applicable, a written
			 explanation of reasons why a lower rating is assigned than is recommended by
			 the board. after the period; and
				(3)by adding at the
			 end the following:

						(6)(A)(i)Each agency, having 10 or more career
				appointees, shall annually publish on the agency website the overall number of
				ratings awarded to members of the Senior Executive Service at each performance
				rating level, including—
									(I)the average overall salary adjustment at
				each level;
									(II)the minimum and maximum adjustment at each
				level;
									(III)the percentage of senior executives at each
				rating level who received the minimum and maximum salary adjustment; and
									(IV)the number of senior executives who
				received performance awards under section 5384 and the average amount of those
				awards.
									(ii)Rating levels and salary adjustment
				information under clause (i) shall be provided separately for career and
				noncareer senior executives in agencies having 10 or more noncareer senior
				executives.
								(B)Each agency shall annually publish on the
				agency website an internal plan which describes a system for determining Senior
				Executive Service salary and bonus
				amounts.
							.
				205.Transparency
			 of Senior Executive Service rankings and pay
				(a)In
			 generalChapter 43 of title
			 5, United States Code, is amended—
					(1)by redesignating
			 section 4315 as section 4316;
					(2)in section
			 4312(c)(3), by striking 4315 and inserting 4316;
			 and
					(3)by inserting after section 4314 the
			 following:

							4315.Survey on the
				transparency of Senior Executive Service performance management and
				payIn consultation with the
				organization representing the largest number of senior executives, the Merit
				Systems Protection Board shall every 2 years conduct and publish the results of
				a survey of career appointees relating to—
								(1)the level of
				transparency and availability of agency performance appraisal systems and
				compensation policies to career appointees;
								(2)the use or
				perceived use of quotas or forced distribution in the application of the agency
				performance appraisal system;
								(3)any actual or
				perceived irregularities with the administration of the Senior Executive
				Service performance appraisal system; and
								(4)such other
				factors as the Merit Systems Protection Board shall determine are necessary and
				appropriate.
								.
					(b)Technical and
			 conforming amendmentThe table of sections for chapter 43 of
			 title 5, United States Code, is amended by striking the item relating to
			 section 4315 and inserting the following:

							Sec. 4315. Survey on the transparency of
				Senior Executive Service performance management and pay.
							Sec. 4316.
				Regulations.

						.
				206.Effective
			 dates
				(a)In
			 generalExcept as provided
			 under subsection (b), this title shall take effect 180 days after the date of
			 enactment of this Act.
				(b)Certification
			 of agency performance appraisal systemsSection 203 shall take
			 effect on the date of enactment of this Act.
				IIISenior
			 Executive Service career development
			301.Senior
			 Executive Service Resource Office
				(a)DefinitionsIn this section—
					(1)the term
			 Director means the Director of the Office of Personnel
			 Management;
					(2)the term
			 Senior Executive Service has the meaning given under section 2101a
			 of title 5, United States Code;
					(3)the terms
			 agency and career reserved position have the meanings
			 given under section 3132 of title 5, United States Code; and
					(4)the term SES
			 Resource Office means the Senior Executive Service Resource Office
			 established under subsection (b).
					(b)EstablishmentThe
			 Director shall establish within the Office of Personnel Management an office to
			 be known as the Senior Executive Service Resource Office.
				(c)MissionThe
			 mission of the SES Resource Office shall be to—
					(1)improve the
			 efficiency, effectiveness, and productivity of the Senior Executive Service
			 through policy formulation and oversight;
					(2)advance the
			 professionalism of the Senior Executive Service; and
					(3)seek to achieve a
			 Senior Executive Service reflective of the Nation’s diversity.
					(d)Functions
					(1)In
			 generalThe functions of the SES Resource Office are to—
						(A)make
			 recommendations to the Director with respect to regulations; and
						(B)provide guidance
			 to agencies, concerning the structure, management, and diverse composition of
			 the Senior Executive Service.
						(2)Specific
			 functionsIn order to carry out the purposes of this section, the
			 SES Resource Office shall—
						(A)take such actions
			 as the SES Resource Office considers necessary to manage and promote an
			 efficient, elite, and diverse corps of senior executives by providing oversight
			 of the onboarding, performance, structure, composition, and candidate
			 development of the Senior Executive Service, including the Senior Executive
			 Service Federal Candidate Development Program;
						(B)be responsible
			 for coordinating, promoting, and monitoring programs for the advancement and
			 training of senior executives, including mentoring programs;
						(C)be responsible
			 for the policy development, management, and oversight of the Senior Executive
			 Service pay and performance management system;
						(D)develop standards
			 for certification of each agency’s Senior Executive Service performance
			 management system and evaluate all agency applications for
			 certification;
						(E)provide oversight
			 of, and guidance to, agency executive resources boards;
						(F)be responsible
			 for the administration of the qualifications review board;
						(G)establish and
			 maintain annual statistics (in a form that renders such statistics useful to
			 appointing authorities and candidates) on—
							(i)the
			 total number of career reserved positions at each agency;
							(ii)the total number
			 of vacant career reserved positions at each agency;
							(iii)the amount of
			 time it takes to hire a candidate into a career reserved position;
							(iv)the number of
			 individuals who have been certified in accordance with section 3393(c) of title
			 5, United States Code, and the composition of that group of individuals with
			 regard to race, ethnicity, sex, age, and individuals with disabilities;
							(v)the
			 composition of the Senior Executive Service with regard to race, ethnicity,
			 sex, age, and individuals with disabilities;
							(vi)the composition
			 of executive resources boards with regard to race, ethnicity, sex, and
			 individuals with disabilities; and
							(vii)the composition
			 of qualifications review boards with regard to race, ethnicity, sex, and
			 individuals with disabilities;
							(H)make available to
			 the public through the official public Internet site of the Office of Personnel
			 Management, the data collected under subparagraph (G);
						(I)conduct a
			 continuing program for the recruitment of women, members of racial and ethnic
			 minority groups, and individuals with disabilities for Senior Executive Service
			 positions, with special efforts directed at recruiting from educational
			 institutions, professional associations, and other sources;
						(J)advise agencies
			 on the best practices for an agency in utilizing or consulting with an agency’s
			 equal employment or diversity office or official (if the agency has such an
			 office or official) with regard to the agency’s Senior Executive Service
			 appointments process; and
						(K)administer an
			 online survey to all individuals leaving a position in the Senior Executive
			 Service to better understand the reasons for the departure—
							(i)which
			 shall—
								(I)at a minimum
			 request information regarding—
									(aa)the
			 reason for departure;
									(bb)plans for
			 subsequent employment; and
									(cc)suggestions for
			 improving the effectiveness of senior executives within the agency in which the
			 individual serves and the Federal Government; and
									(II)be incorporated
			 into strategic planning by agencies, in coordination with the Office of
			 Personnel Management; and
								(ii)the results of
			 which shall be made available to the public on a semi-annual basis through the
			 official public Internet site of the Office of Personnel Management.
							(e)Protection of
			 individually identifiable informationFor purposes of
			 subparagraphs (H) and (K)(ii) of subsection (d)(2), the SES Resource Office
			 shall combine data for any agency that is not named in section 901(b) of
			 chapter 31, United States Code, to protect individually identifiable
			 information.
				(f)Cooperation of
			 agenciesThe head of each agency shall provide the Office of
			 Personnel Management with such information as the SES Resource Office may
			 require in order to carry out subsection (d)(2)(G).
				302.Senior
			 executive service executive development plans
				(a)Executive
			 development plansSection 3396 of title 5, United States Code, is
			 amended—
					(1)by redesignating
			 subsections (c) and (d) as subsections (d) and (e), respectively; and
					(2)by inserting
			 after subsection (b) the following:

							(c)(1)Upon appointment into
				the Senior Executive Service, each senior executive shall create an executive
				development plan that includes continuing development, training, and mentoring
				goals. The plan shall be submitted to the head of the agency for approval. Each
				senior executive shall update their executive development plan on a regular
				basis.
								(2)The Office shall establish standards
				for multi-year executive development
				plans.
								.
					(b)Technical and
			 conforming amendmentSection 3151(a)(7) of title 5, United States
			 Code, is amended by striking section 3396(c) and inserting
			 section 3396(d).
				303.Senior
			 executive onboarding programsSection 3396 of title 5, United States Code,
			 (as amended by section 302) is further amended—
				(1)by redesignating
			 subsections (d) and (e) as subsections (e) and (f), respectively; and
				(2)by inserting
			 after subsection (c) the following:

						(d)(1)In consultation with
				the Office of Personnel Management, the head of each agency shall oversee the
				establishment of an onboarding program for newly appointed career appointees
				and noncareer appointees.
							(2)(A)Except as provided in
				subparagraph (B), not later than 180 days after the date of an initial
				appointment, each career appointee or noncareer appointee shall be required to
				successfully complete an onboarding program established under this
				subsection.
								(B)(i)A position described
				under section 5312 or 5313 may be exempt from the requirement under
				subparagraph (A).
									(ii)In addition to positions described
				in clause (i), the head of an agency may exempt appointees in very senior
				positions at the agency from the requirement under subparagraph (A).
									(C)The Office of Personnel Management
				shall establish criteria for determining which positions are very senior for
				purposes of this paragraph.
								(3)Each agency onboarding program shall
				include—
								(A)an overview of the mission,
				priorities, and strategic plan of the agency;
								(B)the role and responsibilities for each
				new appointee;
								(C)a review of individual performance
				objectives and goal setting;
								(D)goals for mentoring candidates for the
				Senior Executive Service;
								(E)an overview of the rules and
				regulations governing the Senior Executive Service; and
								(F)other components the head of the
				agency or the Office determines
				necessary.
								.
				304.Senior
			 Executive Service rotation programsSection 3396 of title 5, United States Code,
			 (as amended by sections 301 and 302) is further amended—
				(1)by redesignating subsection (f) as
			 subsection (g); and
				(2)by inserting
			 after subsection (d) the following:

						(e)(1)(A)In consultation with
				the Office of Personnel Management, an agency may establish a program to
				provide for inter-agency, inter-governmental, and inter-sector rotation
				programs for career appointees and potential career appointees in the Senior
				Executive Service, senior positions, and managers showing leadership potential.
				The rotation programs established under this section shall adhere to the
				principles of the Senior Executive Service by strengthening collaboration and
				building interagency relationships.
								(B)(i)In consultation with
				the Chief Privacy Officer of the Office of Personnel Management, the Office
				shall establish a centralized database for agencies establishing rotation
				programs under subparagraph (A) that—
										(I)contains information on each senior
				executive as defined under section 3132, including information on education,
				experience, training, and professional development interests; and
										(II)shall serve as a profile registry to
				be used by agencies and senior executives in making rotation decisions.
										(ii)The Office shall prescribe
				regulations to carry out this subparagraph, including regulations to establish
				the database and provide for oversight, management, and administration of the
				database.
									(C)Each agency shall allow a senior
				executive the right of return from a temporary rotation detail or assignment
				that is not a reassignment or transfer without a loss of status and
				seniority.
								(2)Senior Executive Service rotations
				may be accomplished through the use of—
								(A)extended details;
								(B)task force assignments and interagency
				projects;
								(C)sabbaticals to the private sector in
				accordance with subsection (c);
								(D)programs established under the
				Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 note);
								(E)the Information Technology Exchange
				Program; or
								(F)other exchange programs as established
				by agencies.
								(3)Any career appointee in an agency may
				be granted a detail or sabbatical under this subsection if the appointee
				agrees, as a condition of accepting the detail or sabbatical, to serve in the
				civil service upon the completion of the detail or sabbatical for a period
				equal to the period of the detail or sabbatical.
							(4)The Office shall publish guidelines
				for specific objectives and desired results that should be obtained by a senior
				executive who receives a rotation assignment.
							(5)(A)Except as provided
				under subparagraph (B), an agency may not require participation in a rotation
				program as a precondition for an appointment to a career reserved position as
				defined under section 3132.
								(B)Subparagraph (A) shall not apply if
				the agency, under regulations prescribed by the Office—
									(i)provides adequate notice of a
				requirement to participate in a rotation program to candidates within the
				agency;
									(ii)makes opportunities under a rotation
				program available to those candidates; and
									(iii)provides a phase-in period for
				candidates to meet the rotation requirement.
									(C)The Office shall prescribe
				regulations to carry out this
				paragraph.
								.
				305.Effective
			 dateThis title shall take
			 effect 180 days after the date of enactment of this Act.
			IVSenior Executive
			 Service Diversity Assurance
			401.Career
			 appointments
				(a)Promoting
			 diversity in the career appointments processSection 3393(b) of title 5, United States
			 Code, is amended by inserting after the first sentence the following: In
			 establishing an executive resources board, the head of the agency shall, to the
			 extent practicable, ensure diversity of the board and of any subgroup thereof
			 or other evaluation panel related to the merit staffing process for career
			 appointees, by including members of racial and ethnic minority groups, women,
			 and individuals with disabilities..
				(b)RegulationsNot later than 1 year after the date of the
			 enactment of this Act, the Director shall promulgate regulations to implement
			 subsection (a).
				(c)ReportNot later than 1 year after the date of the
			 enactment of this Act, the Director shall submit to the Committee on Homeland
			 Security and Governmental Affairs of the Senate and the Committee on Oversight
			 and Government Reform of the House of Representatives a report evaluating
			 agency efforts to improve diversity in executive resources boards based on the
			 information collected by the SES Resource Office under section 301(d)(2)(G)
			 (vi) and (vii).
				402.Encouraging a
			 more diverse Senior Executive Service
				(a)Senior Executive
			 Service diversity plans
					(1)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, each agency, in consultation with
			 the Office of Personnel Management and the Chief Human Capital Officers
			 Council, shall submit to the Office of Personnel Management a plan to enhance
			 and maximize opportunities for the advancement and appointment of minorities,
			 women, and individuals with disabilities in the agency to the Senior Executive
			 Service. Agency plans shall be reflected in the strategic human capital
			 plan.
					(2)ContentsAgency plans shall address how the agency
			 is identifying and eliminating barriers that impair the ability of minorities,
			 women, and individuals with disabilities to obtain appointments to the Senior
			 Executive Service and any actions the agency is taking to provide advancement
			 opportunities, including—
						(A)conducting
			 outreach to minorities, women, and individuals within the agency and outside
			 the agency;
						(B)establishing and
			 maintaining training and education programs to foster leadership
			 development;
						(C)identifying career
			 enhancing opportunities for agency employees;
						(D)assessing internal
			 availability of candidates for Senior Executive Service positions; and
						(E)conducting an
			 inventory of employee skills and addressing current and potential gaps in
			 skills and the distribution of skills.
						(3)Update of
			 agency plansAgency plans shall be updated at least every 2 years
			 during the 10 years following enactment of this Act. An agency plan shall be
			 reviewed by the Office of Personnel Management and, if determined to provide
			 sufficient assurances, procedures, and commitments to provide adequate
			 opportunities for the advancement and appointment of minorities, women, and
			 individuals with disabilities to the Senior Executive Service, shall be
			 approved by such Office. An agency may, in updating its plan, submit to the
			 Office of Personnel Management an assessment of the impacts of the plan.
					(b)Summary and
			 evaluationNot later than 180
			 days after the deadline for the submission of any report or update under
			 subsection (a), the Director shall transmit to the Committee on Homeland
			 Security and Governmental Affairs of the Senate and the Committee on Oversight
			 and Government Reform of the House of Representatives a report summarizing and
			 evaluating the agency plans or updates (as the case may be) so
			 submitted.
				(c)CoordinationThe
			 Office of Personnel Management shall, in carrying out subsection (a), evaluate
			 existing requirements under section 717 of the Civil Rights Act of 1964 (42
			 U.S.C. 2000e–16) and section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
			 791) and determine how agency reporting can be performed so as to be consistent
			 with, but not duplicative of, such sections and any other similar
			 requirements.


116 HR 8231 IH: To direct the Secretary of Defense to ensure that removal and remedial actions relating to PFOS or PFOA contamination result in levels meeting or exceeding certain standards, and for other purposes.
U.S. House of Representatives
2020-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8231IN THE HOUSE OF REPRESENTATIVESSeptember 11, 2020Ms. Slotkin introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Secretary of Defense to ensure that removal and remedial actions relating to PFOS or PFOA contamination result in levels meeting or exceeding certain standards, and for other purposes.1.Standards for removal or remedial actions with respect to PFOS or PFOA contamination(a)In generalIn conducting removal or remedial actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) of PFOS or PFOA contamination from Department of Defense or National Guard activities found in drinking water or in groundwater that is not currently used for drinking water, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFOS or PFOA in any environmental media:(1)An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).(2)An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).(3)A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).(b)DefinitionsIn this section:(1)The term PFOA means perfluorooctanoic acid.(2)The term PFOS means perfluorooctane sulfonate.(3)The terms removal and remedial action have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).(c)Savings clauseExcept with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).


		I
		112th CONGRESS
		1st Session
		H. R. 890
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2011
			Ms. Ros-Lehtinen (for
			 herself and Mr. Deutch) introduced the
			 following bill; which was referred to the Committee on Foreign Affairs, and in
			 addition to the Committee on the Judiciary, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To allow for the enforcement of State disclosure laws and
		  access to courts for covered Holocaust-era insurance policy
		  claims.

		1.Short titleThis Act may be cited as the
			 Holocaust Insurance Accountability Act
			 of 2011.
		2.FindingsCongress finds the following:
			(1)The Holocaust, an
			 event in which millions of people endured enormous suffering through torture
			 and other violence, including the murder of 6,000,000 Jews and millions of
			 others, the destruction of families and communities, and the theft of their
			 assets, was one of the most heinous crimes in human history.
			(2)Before and during
			 World War II, millions of people purchased insurance policies to safeguard
			 family assets, plan for retirement, provide for a dowry, or save for their
			 children’s education.
			(3)When Holocaust
			 survivors and heirs and beneficiaries of Holocaust victims presented claims to
			 insurance companies after World War II, many were rejected because they did not
			 have death certificates or physical possession of policy documents that had
			 been confiscated by the Nazis or lost in the devastation of the
			 Holocaust.
			(4)In many instances,
			 insurance company records and records in government archives are the only proof
			 of the existence of insurance policies belonging to Holocaust victims.
			(5)Holocaust
			 survivors and heirs and beneficiaries of Holocaust victims have been attempting
			 for decades to persuade insurance companies to settle unpaid insurance
			 claims.
			(6)In 1998, the
			 International Commission on Holocaust Era Insurance Claims (in this section
			 referred to as ICHEIC) was established by the National
			 Association of Insurance Commissioners in cooperation with several European
			 insurance companies, European regulators, the Government of Israel, and
			 nongovernmental organizations with the promise that it would expeditiously
			 address the issue of unpaid insurance policies issued to Holocaust
			 victims.
			(7)On July 17, 2000,
			 the United States and Germany signed an executive agreement in support of the
			 German Foundation Remembrance, Responsibility, and the Future,
			 which designated ICHEIC to resolve all Holocaust-era insurance policies issued
			 by German companies and their subsidiaries.
			(8)On January 17,
			 2001, the United States and Austria signed an executive agreement, which
			 designated ICHEIC to resolve all Holocaust-era insurance policies issued by
			 Austrian companies and their subsidiaries.
			(9)The ICHEIC process
			 ended in 2007 and companies holding Holocaust-era insurance policies continue
			 to withhold names of owners and beneficiaries of thousands of insurance
			 policies sold to Jewish customers prior to World War II.
			(10)Experts estimate
			 that only a small fraction of the policies estimated to have been sold to Jews
			 living in Europe at the beginning of World War II have been paid through
			 ICHEIC.
			(11)In American
			 Insurance Association, Inc., v. Garamendi, the United States Supreme Court held
			 that under the supremacy clause of the Constitution of the United States,
			 executive agreements and executive foreign policy calling for insurance claims
			 against German and Austrian companies to be handled within ICHEIC preempted
			 State laws authorizing State insurance commissioners to subpoena company
			 records and require publication of the names of Holocaust era policy
			 holders.
			(12)In the Garamendi
			 case, the Supreme Court stated that Congress, which has the power to regulate
			 international commerce and prescribe Federal court jurisdiction, had not
			 addressed disclosure and restitution of insurance policies of Holocaust
			 victims.
			(13)Subsequent court
			 decisions have dismissed Holocaust-era insurance claims brought against an
			 Italian insurance company, even though there is no executive agreement between
			 the United States and Italy.
			(14)Congress supports
			 the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust
			 victims to obtain information from insurers and to bring legal actions in
			 courts, wherever jurisdiction requirements are met, to recover unpaid funds
			 from entities that participated in the theft of family insurance assets or the
			 affiliates of such entities.
			(15)Congress intends
			 for this Act to establish a Federal private right of action to allow Holocaust
			 survivors and heirs and beneficiaries of victims to recover under their covered
			 Holocaust-era insurance policies, and to allow for State causes of action and
			 disclosure requirement laws regarding Holocaust-era insurance policies to be
			 valid and not preempted.
			(16)This Act
			 expresses the intent of Congress to deem valid State laws protecting the rights
			 of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to
			 obtain information from insurers and to bring actions in courts of proper
			 jurisdiction to recover unpaid funds from entities that participated in the
			 theft of family insurance assets or the affiliates of such entities.
			(17)Insurance
			 payments should be expedited to the victims of the most heinous crime of the
			 20th century to ensure that justice is served.
			(18)This Act will
			 enable Holocaust survivors and heirs and beneficiaries of Holocaust victims to
			 obtain compensation commensurate with the real monetary value of their
			 losses.
			(19)Under the
			 circumstances faced by Holocaust victims and their families, courts should be
			 open to Holocaust survivors and heirs and beneficiaries of Holocaust victims
			 for a reasonable number of years after the enactment of this Act, without
			 regard to any other statutes of limitation.
			3.Private right of
			 action
			(a)Civil actions To
			 recover under covered policiesAny person who purchased a covered
			 policy, or a beneficiary or heir of such person, may bring a civil action, in
			 the appropriate United States district court, against the insurer for the
			 covered policy or a related company of the insurer, to recover proceeds due
			 under the covered policy or otherwise to enforce any rights under the covered
			 policy.
			(b)Nationwide
			 Service of ProcessFor a civil action brought under subsection
			 (a), process may be served in the judicial district where the case is brought
			 or any other judicial district of the United States where the defendant may be
			 found, resides, has an agent, or transacts business.
			(c)RemediesA
			 court shall award to a prevailing beneficiary in a civil action brought under
			 subsection (a)—
				(1)the amount of the
			 proceeds due under the covered policy;
				(2)prejudgment
			 interest on the amount described in clause (i) from the date the amount was due
			 until the date of judgment, calculated at a rate of 6 percent per year,
			 compounded annually; and
				(3)any other
			 appropriate relief necessary to enforce rights under the covered policy.
				4.Validity of State
			 laws
			(a)Validity of laws
			 creating cause of actionAny State law creating a cause of action
			 against any insurer or related company based on a claim arising out of or
			 related to a covered policy shall not be invalid or preempted by reason of any
			 executive foreign policy described in subsection (d)(1) or any executive
			 agreement described in subsection (d)(2).
			(b)Validity of laws
			 requiring disclosure of informationAny State law that is enacted on or after
			 March 1, 1998, and that requires an insurer doing business in that State,
			 including any related company, to disclose information regarding any covered
			 policy shall be deemed to be in effect on the date of the enactment of such law
			 and shall not be invalid or preempted by reason of any executive foreign policy
			 described in paragraph (1) of subsection (d) or any executive agreement
			 described in paragraph (2) of subsection (d).
			(c)Executive
			 agreements and executive foreign policy covered
				(1)Executive
			 foreign policyAn executive
			 foreign policy described in this paragraph is a foreign policy of the executive
			 branch of the Federal Government established before, on, or after the date of
			 enactment of this Act.
				(2)Executive
			 agreementsAn executive agreement described in this paragraph is
			 an executive agreement between the United States and a foreign government
			 entered into before, on, or after the date of enactment of this Act.
				(d)Statements of
			 interestNo funds may be used by the Department of State, or any
			 other department or agency of the United States, for the purpose of issuing a
			 statement of interest seeking to encourage a court in the United States to
			 dismiss any claim or action brought to recover compensation arising out of or
			 related to a covered policy.
			5.Statute of
			 limitationsA court may not
			 dismiss a claim or action that is brought under section 3, or under subsection
			 (a) or (b) of section 4, within 10 years after the date of the enactment of
			 this Act on the ground that the claim or action is barred under any statute of
			 limitations or the doctrine of laches.
		6.Applicability
			(a)In
			 generalThis Act shall apply
			 to any claim or action that is brought, before, on, or after the date of the
			 enactment of this Act, under section 3, or under a State law described in
			 subsection (a) or (b) of section 4, including—
				(1)any claim or
			 action dismissed, before the date of the enactment of this Act, on the ground
			 of executive preemption; and
				(2)any claim or
			 action that is deemed released as a result of the settlement of a class action
			 that was entered into before the date of the enactment of this Act, if the
			 claimant did not receive any payment pursuant to the settlement.
				(b)Claims or
			 actions not precluded on certain groundsWith respect to any claim or action brought
			 under section 3, or under a State law described in subsection (a) or (b) of
			 section 4, it shall not be a defense that the claim or action is or was
			 precluded, barred, waived, discharged, or otherwise invalid under the doctrine
			 of res judicata, collateral estoppel or any similar doctrine.
			7.DefinitionsIn this Act:
			(1)Appropriate
			 congressional committeesThe term appropriate
			 congressional committees means the Committee on Foreign Affairs in the
			 House of Representatives, the Committee on Foreign Relations in the Senate, and
			 the Committees on the Judiciary of the House of Representatives and the
			 Senate.
			(2)Covered
			 policy
				(A)In
			 generalThe term covered policy means any life,
			 dowry, education, property, or other insurance policy that—
					(i)was
			 in effect at any time after January 30, 1933, and before December 31, 1945;
			 and
					(ii)was
			 issued to a policyholder domiciled in any area that was occupied or controlled
			 by Nazi Germany.
					(B)Nazi
			 GermanyIn this paragraph, the term Nazi Germany
			 means—
					(i)the
			 Nazi government of Germany; and
					(ii)any
			 government in any area occupied by the military forces of the Nazi government
			 of Germany.
					(3)InsurerThe
			 term insurer means any person engaged in the business of
			 insurance (including reinsurance) in interstate or foreign commerce, if the
			 person issued a covered policy, or a successor in interest to such
			 person.
			(4)Legislative
			 daysThe term legislative days means those days on
			 which both Houses of Congress are in session.
			(5)Related
			 companyThe term related company means an
			 affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley
			 Act (15 U.S.C. 6701(g)).


115 HRES 466 IH: Supporting the role of the United States in promoting children’s access to quality education in the poorest countries through the Global Partnership for Education.
U.S. House of Representatives
2017-07-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 466IN THE HOUSE OF REPRESENTATIVESJuly 20, 2017Mr. Reichert (for himself and Mrs. Lowey) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONSupporting the role of the United States in promoting children’s access to quality education in the
			 poorest countries through the Global Partnership for Education.

 Whereas access to quality education reduces poverty, advances economic prosperity, improves peace and security, and strengthens public health;
 Whereas the 2016 Global Education Monitoring (GEM) Report, the globally recognized annual accountability tool on the status of education internationally, found that an estimated 263,000,000 children and youth are out of school worldwide, with girls still more likely to be out of school than their male peers in most of the developing world;
 Whereas a 2015 GEM Report found that two-thirds of the world’s out-of-school children live in countries affected by fragility and conflict;
 Whereas the 2011 World Health Organization’s World Report on Disability has found an estimated 90 percent of children with disabilities under age 18 in the developing world do not attend school;
 Whereas a 2012 GEM Report found that 250,000,000 primary schoolchildren are failing to learn basic literacy and numeracy skills, 130,000,000 of whom have attended at least 4 years of school;
 Whereas a 2011 GEM Report found that educating all students in low-income countries with basic reading skills could lead to 171,000,000 people lifted out of poverty, a 12 percent drop in global poverty;
 Whereas a 1999 World Bank study on conflict found every year of school decreases the chance of male youth engaging in violent conflict by 20 percent;
 Whereas a 2011 GEM Report found an educated mother is more likely to have her children vaccinated, and girls in school are three times less likely to be infected with HIV than their peers who are not in school;
 Whereas the Global Partnership for Education (GPE) is the only public-private global partnership exclusively dedicated to education in the world’s poorest countries;
 Whereas GPE eligible countries are home to approximately 870,000,000 children and youth, which represent 78 percent of out-of-school children;
 Whereas GPE support resulted in 64,000,000 more children in primary school in 2014 than in 2002 and a 10 percent increase in primary school completion over that same period in GPE partner countries;
 Whereas GPE support to partner countries has achieved a 71 percent primary completion rate for girls in 2014 compared with 56 percent in 2002;
 Whereas 60 percent of GPE’s spending is in countries affected by conflict or fragility and helped these countries to increase their primary school completion rates from 58 percent in 2002 to 68 percent in 2014;
 Whereas GPE incentivizes developing country governments to increase their own domestic financing for education, which has resulted in partner countries pledging $26,000,000,000 for their own domestic financing during GPE’s 2014 replenishment conference;
 Whereas support for GPE complements the United States Government’s bilateral basic education programs by fostering coordination, among all key partners, ensuring the development of national education sector plans, and building on the commitment of developing country governments;
 Whereas, on April 20, 2017, GPE called for a 3-year plan to support 89 developing countries in improving the quality of and access to education for 870,000,000 children and youth and provide education plan implementation grants to 67 developing countries, covering 64 percent of out-of-school children; and
 Whereas with support from donors, GPE will be able to ensure 19,000,000 more children complete primary school, 6,600,000 more children complete lower secondary school, 1,700,000 more teachers are trained, 23,800 classrooms are built, and 204,000,000 textbooks are distributed, bringing new hope to a generation of children and youth: Now, therefore, be it

 That the House of Representatives— (1)affirms the leadership and commitment of the United States Government to improving access to quality education for the poorest and most marginalized children and youth worldwide, which promotes global stability, economic prosperity, and poverty elimination;
 (2)supports the mission and goals of the GPE to mobilize global and national efforts to contribute to the achievement of equitable, quality education and learning, with a focus on effective and efficient education systems and strong education financing;
 (3)recognizes that United States Government investments in bilateral basic education are complemented by GPE’s education systems approach and convening authority; and
 (4)encourages continued commitment and investments by the United States Government, international donors, private foundations, and private sector donors through the GPE to the global effort to promote children and youth are attending school and learning throughout the world.


		IIB
		111th CONGRESS
		2d Session
		H. R. 5152
		IN THE SENATE OF THE UNITED
		  STATES

			September 23, 2010
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To adjust the boundary of the Kennesaw
		  Mountain National Battlefield Park to include the Wallis House and Harriston
		  Hill, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Kennesaw Mountain National Battlefield
			 Park Boundary Adjustment Act of 2010.
		2.FindingsThe Congress finds the following:
			(1)Kennesaw Mountain National Battlefield Park
			 was authorized as a unit of the National Park System on June 26, 1935. Prior to
			 1935, parts of the park had been acquired and protected by Civil War veterans
			 and the War Department.
			(2)Kennesaw Mountain National Battlefield Park
			 protects Kennesaw Mountain and Kolb’s Farm, which are battle sites along the
			 route of General Sherman’s 1864 campaign to take Atlanta.
			(3)Most of the park protects Confederate
			 positions and strategy. The Wallis House is one of the few original structures
			 remaining from the Battle of Kennesaw Mountain associated with Union positions
			 and strategy.
			(4)The Wallis House is strategically located
			 next to a Union signal station at Harriston Hill.
			3.Boundary
			 adjustment; land acquisition; administration
			(a)Boundary
			 adjustmentThe boundary of
			 the Kennesaw Mountain National Battlefield Park is modified to include the
			 approximately 8 acres identified as Wallis House and Harriston
			 Hill, and generally depicted on the map titled Kennesaw Mountain
			 National Battlefield Park, Proposed Boundary Adjustment, numbered
			 325/80,020, and dated February 2010.
			(b)MapThe
			 map referred to in subsection (a) shall be on file and available for inspection
			 in the appropriate offices of the National Park Service.
			(c)Land
			 acquisitionThe Secretary of
			 the Interior is authorized to acquire, from willing owners only, land or
			 interests in land described in subsection (a) by donation or exchange.
			(d)Administration
			 of acquired landsThe
			 Secretary of the Interior shall administer land and interests in land acquired
			 under this section as part of the Kennesaw Mountain National Battlefield Park
			 in accordance with applicable laws and regulations.

			Passed the House of
			 Representatives September 22, 2010.
			Lorraine C. Miller,
			Clerk.


116 HR 758 : Cooperate with Law Enforcement Agencies and Watch Act of 2019
U.S. House of Representatives
2019-03-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		116th CONGRESS1st Session
		H. R. 758
		IN THE SENATE OF THE UNITED STATES
		March 12, 2019Received; read twice and referred to the Committee on Banking, Housing, and Urban AffairsAN ACT
		To provide a safe harbor for financial institutions that maintain a customer account or customer
			 transaction at the request of a Federal or State law enforcement agency.

 1.Short titleThis Act may be cited as the Cooperate with Law Enforcement Agencies and Watch Act of 2019. 2.Safe harbor with respect to keep open letters (a)In generalSubchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:

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

						5333. Safe harbor with respect to keep open letters..
 3.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

	Passed the House of Representatives March 11, 2019.Cheryl L. Johnson,Clerk


114 S2350 IS: Full Expensing Act of 2015
U.S. Senate
2015-12-03
text/xml
EN
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		II
		114th CONGRESS1st Session
		S. 2350
		IN THE SENATE OF THE UNITED STATES

			December 3, 2015
			Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for full expensing of tangible property.

 1.Short titleThis Act may be cited as the Full Expensing Act of 2015. 2.Permanent expansion of election to expense certain depreciable assets (a)Expansion of types of property subject to electionParagraph (1) of section 179(d) of the Internal Revenue Code of 1986 is amended to read as follows:

 (1)Section 179 propertyFor purposes of this section, the term section 179 property means property— (A)which is—
 (i)tangible property, or (ii)computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A)(i),
 (B)which is acquired by purchase— (i)for use in a trade or business, or
 (ii)for the production of income, and (C)which was originally placed in service after the date of the enactment of the Full Expensing Act of 2015..
 (b)Repeal of dollar limitationsSection 179 of the Internal Revenue Code of 1986 is amended by striking subsection (b). (c)Conforming amendmentsSection 179 of such Code is amended—
 (1)in subsection (c)(2), by striking and before 2015, and (2)by striking subsections (e) and (f).
 (d)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.


116 HR 7374 IH: Reducing Antiquated Permitting for Infrastructure Deployment Act
U.S. House of Representatives
2020-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7374IN THE HOUSE OF REPRESENTATIVESJune 25, 2020Mr. Scalise introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide that the deployment of a small personal wireless service facility shall not constitute an undertaking under section 300320 of title 54, United States Code, or a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969, and for other purposes.1.Short titleThis Act may be cited as the Reducing Antiquated Permitting for Infrastructure Deployment Act or the RAPID Act.2.Rebuttable presumption on shot clock timeline beginning for purposes of NHPA(a)DefinitionsIn this section:(1)Personal wireless serviceThe term personal wireless service means—(A)commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)));(B)commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401));(C)unlicensed wireless service; and(D)common carrier wireless exchange access service.(2)Personal wireless service facilityThe term personal wireless service facility means a facility for the provision of personal wireless service.(3)Small personal wireless service facilityThe term small personal wireless service facility—(A)means a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume; and(B)does not include a wireline backhaul facility.(4)Wireline backhaul facilityThe term wireline backhaul facility means an above-ground or underground wireline facility used to transport communications service or other electronic communications from a small personal wireless service facility or its adjacent network interface device to a communications network.(b)In generalThe deployment of a small personal wireless service facility shall not constitute an undertaking under section 300320 of title 54, United States Code, or a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (c)Rebuttable presumption(1)In generalIf an Indian Tribe or Native Hawaiian Organization is shown to have received a complete Form 620 or Form 621 (or any successor form), or can be reasonably expected to have received a complete Form 620 or Form 621 (or any successor form), and has not acted on a complete request contained in the form within 45 days after such receipt—(A)the Commission and a court of competent jurisdiction (as the case may be) shall presume the applicant has made a good faith effort to provide the information reasonably necessary for Indian Tribes and Native Hawaiian Organizations to ascertain whether historic properties of religious and cultural significance to them may be affected by the undertaking; and(B)the Indian Tribe or Native Hawaiian Organization (as the case may be) shall be presumed to have disclaimed interest in the application.(2)Overcoming presumption(A)In generalAn Indian Tribe or Native Hawaiian Organization may overcome the presumption under paragraph (1) upon favorably demonstrating one or more of the factors to be considered under subparagraph (B).(B)Factors consideredThe review by the Commission or a court of competent jurisdiction under paragraph (1) shall give substantial weight to—(i)whether the applicant made a reasonable attempt to follow up with the Indian Tribe or Native Hawaiian Organization not earlier than 30 days, and not later than 50 days, after the applicant submitted a complete Form 620 or Form 621 (as the case may be) to the Indian Tribe or Native Hawaiian Organization; and(ii)whether the rules of the Commission and Form 620 or Form 621 is found to be in violation of a Nationwide Programmatic Agreement of the Commission.


116 HR 1034 IH: Phair Pricing Act of 2019
U.S. House of Representatives
2019-02-07
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. 1034IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2019Mr. Collins of Georgia (for himself, Mr. Gonzalez of Texas, Mr. David P. Roe of Tennessee, Mr. Wittman, Mr. Austin Scott of Georgia, Mr. Westerman, Mr. Griffith, Mr. Hurd of Texas, Mr. Budd, Mr. Crawford, and Mr. Carter of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to require pharmacy-negotiated price concessions to
			 be included in negotiated prices at the point-of-sale under part D of the
			 Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Phair Pricing Act of 2019. 2.Requiring pharmacy-negotiated price concessions and pharmacy incentive payments and adjustments to be included in negotiated prices at the point-of-sale under part D of the Medicare programSection 1860D–2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w–102(d)(1)(B)) is amended—
 (1)by striking prices.—For purposes and inserting “prices.—  (i)In generalFor purposes; and
 (2)by adding at the end the following new clauses:  (ii)Prices negotiated with pharmacy at point-of-sale (I)In generalSubject to subclause (III), for plan years beginning on or after January 1, 2020, negotiated prices for covered part D drugs described in clause (i) provided under a prescription drug plan, including all contingent and noncontingent concessions, adjustments, payments, and fees (including dispensing fees) negotiated with the pharmacy dispensing such drug, shall be provided at the point-of-sale of such drug. Such negotiated price shall not include any incentive payments and adjustments or any other contingent concessions, adjustments, payments, or fees that increase the amount of such negotiated price.
						(II)Application of pharmacy incentive payments and adjustments
 (aa)In generalFor plan years beginning on or after January 1, 2020, a PDP sponsor— (AA)shall apply a system under which incentive payments and adjustments using only quality measures established by the Secretary under item (bb) are made to a pharmacy with respect to payment for covered part D drugs dispensed by such pharmacy; and
 (BB)may not apply any other incentive payments and adjustments with respect to such payment outside of such system.
								Application of such system may not result in a decrease in reimbursement to such pharmacy for such
 drug after the point-of-sale of such drug.(bb)Standard pharmacy quality measuresThe Secretary shall establish standard quality measures that may be used in a system described in item (aa). Such measures shall be—
 (AA)focused on improving patient health outcomes; (BB)standardized across PDP sponsors;
 (CC)pharmacy-specific in application; (DD)relevant to the type of pharmacy concerned (such as specialty pharmacies), taking into account the items and services furnished by the pharmacy and the patient population served by the pharmacy;
 (EE)applied only when relevant to the specific drug (or drug class of such drug) being furnished by the pharmacy or when relevant to management of the condition for which such drug has been prescribed; and
 (FF)based on achievable and proven criteria measuring pharmacy performance over which the pharmacy has meaningful control and ability to influence.
								In establishing such standards, the Secretary shall consult with stakeholders, including PDP
			 sponsors and MA organizations, pharmacies across pharmacy practice types,
			 pharmacy benefit managers, patient advocacy organizations, drug
			 manufacturers, appropriate standard-setting organizations, and other
 entities determined appropriate by the Secretary.(III)No increase in cost sharingSubclause (I) shall not apply in the case where application of such subclause would increase the amount owed by an individual in cost sharing above the amount such individual would have owed in cost sharing without application of such subclause.
 (IV)Discrepancies between negotiated prices and actual reimbursementIn the case that the Secretary determines that the negotiated price of a PDP sponsor applied at the point-of-sale with respect to a covered part D drug for a year dispensed by a pharmacy was greater than the total reimbursement made to such pharmacy for such drug for such year, such sponsor shall, not later than 90 days after receiving notice of such determination, furnish to the pharmacy that dispensed such drug and to the Secretary a written explanation of why such negotiated price was greater than such reimbursement.
 (V)Specialty pharmacyFor purposes of carrying out this clause (including subclause (II)(bb)(DD)), the Secretary shall, not later than December 31, 2019, define the term specialty pharmacy in consultation with relevant stakeholders.
 (VI)DefinitionsIn this clause: (aa)Incentive payments and adjustmentsThe term incentive payments and adjustments means, with respect to payment to a pharmacy by a PDP sponsor for a covered part D drug, any prospective or retrospective price concessions, rebates, discounts, fees, reconciliation adjustments, bonuses, performance payments, incentives, and any other adjustment to such payment determined through the use of a quality measure, regardless of when such payments and adjustments are applied. Such term does not include any manufacturer rebates or concessions made with respect to such drug.
 (bb)Quality measureThe term quality measure means performance criteria used by a PDP sponsor (including an entity that contracts with such sponsor, such as a pharmacy benefit manager) to determine the amount or applicability of incentive payments and adjustments.
 (cc)PDP sponsorThe term PDP sponsor includes an MA organization offering an MA-PD plan under part C and an entity that contracts with such sponsor or organization, such as a pharmacy benefit manager.
 (iii)Reasonable reimbursement requirementIn no case may a negotiated price (as described in clause (ii)(I)) for a covered part D drug furnished by a pharmacy during a plan year beginning on or after January 1, 2020, be less than such pharmacy’s cost of purchasing and dispensing such drug and providing such other services associated with furnishing such drug as may be specified by the Secretary.
 (iv)Claim reimbursement disclosure requirementsWith respect to payment made by a PDP sponsor to a pharmacy for a covered part D drug furnished by such pharmacy during a plan year beginning on or after January 1, 2020, such sponsor shall promptly furnish all pricing components including the Network Reimbursement ID used to price the claim, any fees, pharmacy price concessions, discounts, incentives or any other forms of remuneration that affect payment and pricing of the claim as part of the claim adjudication response at the point-of-sale. All aforementioned items, including Network Reimbursement ID, fees, pharmacy price concessions, discounts, incentives, or any other forms of remuneration that affect payment and pricing of the claim shall each be identified in a predetermined line item in the remittance advice that is standard across the industry. The Part D sponsor shall include suitable claim-level detail on the electronic remittance advice that accompanies each payment. This claim-level detail shall include, in an industry standardized format, all fields needed to properly identify the claim, including the Claim Authorization Number, date of service, date of payment remittance, ingredient cost reimbursed, dispensing fee reimbursed, payment amounts including the Network ID used to price the claim, the specific dollar amounts and the appropriate qualifier codes for each payment adjustment including fees, pharmacy price concessions, or incentives.
 (v)Violation processA PDP sponsor shall participate in any process established by the Secretary for purposes of determining whether such sponsor has violated a provision of clauses (ii) through (iv).
					.
			3.Pharmacy benefit manager provision of information
 (a)In generalSection 1150A(b)(2) of the Social Security Act (42 U.S.C. 1320b–23(b)(2)) is amended by striking excluding and inserting including. (b)Effective dateThe amendment made by subsection (a) shall apply with respect to contract years beginning on or after January 1, 2020.


115 HR 5774 : Combating Opioid Abuse for Care in Hospitals Act of 2018
U.S. House of Representatives
2018-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		115th CONGRESS
		2d Session
		H. R. 5774
		IN THE SENATE OF THE UNITED STATES
		June 20, 2018Received; read twice and referred to the Committee on FinanceAN ACT
		To require the Secretary of Health and Human Services to develop guidance on pain management and
			 opioid use disorder prevention for hospitals receiving payment under part
			 A of the Medicare program, provide for opioid quality measures
			 development, and provide for a technical expert panel on reducing surgical
			 setting opioid use and data collection on perioperative opioid use, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Combating Opioid Abuse for Care in Hospitals Act of 2018 or the COACH Act of 2018. 2.Developing guidance on pain management and opioid use disorder prevention for hospitals receiving payment under part A of the Medicare program (a)In generalNot later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the Secretary) shall develop and publish on the public website of the Centers for Medicare & Medicaid Services guidance for hospitals receiving payment under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid use disorder prevention strategies with respect to individuals entitled to benefits under such part.
 (b)ConsultationIn developing the guidance described in subsection (a), the Secretary shall consult with relevant stakeholders, including—
 (1)medical professional organizations; (2)providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x));
 (3)health care consumers or groups representing such consumers; and (4)other entities determined appropriate by the Secretary.
 (c)ContentsThe guidance described in subsection (a) shall include, with respect to hospitals and individuals described in such subsection, the following:
 (1)Best practices regarding evidence-based screening and practitioner education initiatives relating to screening and treatment protocols for opioid use disorder, including—
 (A)methods to identify such individuals at-risk of opioid use disorder, including risk stratification; (B)ways to prevent, recognize, and treat opioid overdoses; and
 (C)resources available to such individuals, such as opioid treatment programs, peer support groups, and other recovery programs.
 (2)Best practices for such hospitals to educate practitioners furnishing items and services at such hospital with respect to pain management and substance use disorders, including education on—
 (A)the adverse effects of prolonged opioid use; (B)non-opioid, evidence-based, non-pharmacological pain management treatments;
 (C)monitoring programs for individuals who have been prescribed opioids; and (D)the prescribing of naloxone along with an initial opioid prescription.
 (3)Best practices for such hospitals to make such individuals aware of the risks associated with opioid use (which may include use of the notification template described in paragraph (4)).
 (4)A notification template developed by the Secretary, for use as appropriate, for such individuals who are prescribed an opioid that—
 (A)explains the risks and side effects associated with opioid use (including the risks of addiction and overdose) and the importance of adhering to the prescribed treatment regimen, avoiding medications that may have an adverse interaction with such opioid, and storing such opioid safely and securely;
 (B)highlights multimodal and evidence-based non-opioid alternatives for pain management; (C)encourages such individuals to talk to their health care providers about such alternatives;
 (D)provides for a method (through signature or otherwise) for such an individual, or person acting on such individual’s behalf, to acknowledge receipt of such notification template;
 (E)is worded in an easily understandable manner and made available in multiple languages determined appropriate by the Secretary; and
 (F)includes any other information determined appropriate by the Secretary. (5)Best practices for such hospital to track opioid prescribing trends by practitioners furnishing items and services at such hospital, including—
 (A)ways for such hospital to establish target levels, taking into account the specialties of such practitioners and the geographic area in which such hospital is located, with respect to opioids prescribed by such practitioners;
 (B)guidance on checking the medical records of such individuals against information included in prescription drug monitoring programs;
 (C)strategies to reduce long-term opioid prescriptions; and (D)methods to identify such practitioners who may be over-prescribing opioids.
 (6)Other information the Secretary determines appropriate, including any such information from the Opioid Safety Initiative established by the Department of Veterans Affairs or the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration.
				3.Requiring the review of quality measures relating to opioids and opioid use disorder treatments
			 furnished under the medicare program and other federal health care
			 programs
 (a)In generalSection 1890A of the Social Security Act (42 U.S.C. 1395aaa–1) is amended by adding at the end the following new subsection:

					(g)Technical expert panel review of opioid and opioid use disorder quality measures
 (1)In generalNot later than 180 days after the date of the enactment of this subsection, the Secretary shall establish a technical expert panel for purposes of reviewing quality measures relating to opioids and opioid use disorders, including care, prevention, diagnosis, health outcomes, and treatment furnished to individuals with opioid use disorders. The Secretary may use the entity with a contract under section 1890(a) and amend such contract as necessary to provide for the establishment of such technical expert panel.
 (2)Review and assessmentNot later than 1 year after the date the technical expert panel described in paragraph (1) is established (and periodically thereafter as the Secretary determines appropriate), the technical expert panel shall—
 (A)review quality measures that relate to opioids and opioid use disorders, including existing measures and those under development;
 (B)identify gaps in areas of quality measurement that relate to opioids and opioid use disorders, and identify measure development priorities for such measure gaps; and
 (C)make recommendations to the Secretary on quality measures with respect to opioids and opioid use disorders for purposes of improving care, prevention, diagnosis, health outcomes, and treatment, including recommendations for revisions of such measures, need for development of new measures, and recommendations for including such measures in the Merit-Based Incentive Payment System under section 1848(q), the alternative payment models under section 1833(z)(3)(C), the shared savings program under section 1899, the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii), and the hospital value-based purchasing program under section 1886(o).
 (3)Consideration of measures by secretaryThe Secretary shall consider— (A)using opioid and opioid use disorder measures (including measures used under the Merit-Based Incentive Payment System under section 1848(q), measures recommended under paragraph (2)(C), and other such measures identified by the Secretary) in alternative payment models under section 1833(z)(3)(C) and in the shared savings program under section 1899; and
 (B)using opioid measures described in subparagraph (A), as applicable, in the quality reporting requirements for inpatient hospitals under section 1886(b)(3)(B)(viii),and in the hospital value-based purchasing program under section 1886(o).
 (4)Prioritization of measure developmentThe Secretary shall prioritize for measure development the gaps in quality measures identified under paragraph (2)(B)..
 (b)Expedited endorsement process for opioid measuresSection 1890(b)(2) of the Social Security Act (42 U.S.C. 1395aaa(b)(2)) is amended by adding at the end the following new flush sentence:

					Such endorsement process shall, as determined practicable by the entity, provide for an expedited
			 process with respect to the endorsement of such measures relating to
			 opioids and opioid use disorders..
			4.Technical expert panel on reducing surgical setting opioid use; Data collection on perioperative
			 opioid use
			(a)Technical expert panel on reducing surgical setting opioid use
 (1)In generalNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall convene a technical expert panel, including medical and surgical specialty societies and hospital organizations, to provide recommendations on reducing opioid use in the inpatient and outpatient surgical settings and on best practices for pain management, including with respect to the following:
 (A)Approaches that limit patient exposure to opioids during the perioperative period, including pre-surgical and post-surgical injections, and that identify such patients at risk of opioid use disorder pre-operation.
 (B)Shared decision making with patients and families on pain management, including recommendations for the development of an evaluation and management code for purposes of payment under the Medicare program under title XVIII of the Social Security Act that would account for time spent on shared decision making.
 (C)Education on the safe use, storage, and disposal of opioids. (D)Prevention of opioid misuse and abuse after discharge.
 (E)Development of a clinical algorithm to identify and treat at-risk, opiate-tolerant patients and reduce reliance on opioids for acute pain during the perioperative period.
 (2)ReportNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and make public a report containing the recommendations developed under paragraph (1) and an action plan for broader implementation of pain management protocols that limit the use of opioids in the perioperative setting and upon discharge from such setting.
 (b)Data collection on perioperative opioid useNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that contains the following:
 (1)The diagnosis-related group codes identified by the Secretary as having the highest volume of surgeries.
 (2)With respect to each of such diagnosis-related group codes so identified, a determination by the Secretary of the data that is both available and reported on opioid use following such surgeries, such as with respect to—
 (A)surgical volumes, practices, and opioid prescribing patterns; (B)opioid consumption, including—
 (i)perioperative days of therapy; (ii)average daily dose at the hospital, including dosage greater than 90 milligram morphine equivalent;
 (iii)post-discharge prescriptions and other combination drugs that are used before intervention and after intervention;
 (iv)quantity and duration of opioid prescription at discharge; and (v)quantity consumed and number of refills;
 (C)regional anesthesia and analgesia practices, including pre-surgical and post-surgical injections; (D)naloxone reversal;
 (E)post-operative respiratory failure; (F)information about storage and disposal; and
 (G)such other information as the Secretary may specify. (3)Recommendations for improving data collection on perioperative opioid use, including an analysis to identify and reduce barriers to collecting, reporting, and analyzing the data described in paragraph (2), including barriers related to technological availability.
				5.Requiring the posting and periodic update of opioid prescribing guidance for Medicare beneficiaries
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary) shall post on the public website of the Centers for Medicare & Medicaid Services all guidance published by the Department of Health and Human Services on or after January 1, 2016, relating to the prescribing of opioids and applicable to opioid prescriptions for individuals entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled under part B of such title of such Act (42 U.S.C. 1395j et seq.).
			(b)Update of guidance
 (1)Periodic updateThe Secretary shall, in consultation with the entities specified in paragraph (2), periodically (as determined appropriate by the Secretary) update guidance described in subsection (a) and revise the posting of such guidance on the website described in such subsection.
 (2)ConsultationThe entities specified in this paragraph are the following: (A)Medical professional organizations.
 (B)Providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)).
 (C)Health care consumers or groups representing such consumers. (D)Other entities determined appropriate by the Secretary.

	Passed the House of Representatives June 19, 2018.Karen L. Haas,Clerk


116 S80 IS: Jobs and Premium Protection Act
U.S. Senate
2019-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 80IN THE SENATE OF THE UNITED STATESJanuary 10, 2019Mr. Barrasso (for himself, Mr. Gardner, and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo repeal the annual fee on health insurance providers enacted by the Patient Protection and
			 Affordable Care Act.

 1.Short titleThis Act may be cited as the Jobs and Premium Protection Act.
		2.Protecting patients
 from higher premiumsSection 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.) is repealed.


110 HR 6366 IH: Veterans Revenue Enhancement Act of

U.S. House of Representatives
2008-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6366
		IN THE HOUSE OF REPRESENTATIVES

			June 25, 2008
			Mr. Buyer (for
			 himself, Mr. Michaud,
			 Mr. Miller of Florida, and
			 Mr. Brown of South Carolina)
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to direct the
		  Secretary of Veterans Affairs to establish not more than seven consolidated
		  patient accounting centers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Veterans Revenue Enhancement Act of
			 2008.
		2.Establishment of
			 consolidated patient accounting centers
			(a)Establishment of
			 CentersChapter 17 of title 38, United States Code, is amended by
			 inserting after section 1729A the following:

					1729B.Consolidated
				patient accounting centers
						(a)In
				generalNot later than 5 years after the date of enactment of the
				Veterans Revenue Enhancement Act of 2008, the Secretary of Veterans Affairs
				shall establish not more than seven consolidated patient accounting centers for
				conducting industry-modeled regionalized billing and collection activities of
				the Department.
						(b)FunctionsThe
				centers shall carry out the following functions:
							(1)Reengineer and
				integrate all business processes of the revenue cycle of the Department.
							(2)Standardize and
				coordinate all activities of the Department related to the revenue cycle for
				all healthcare services furnished to veterans for non-service connected medical
				conditions.
							(3)Apply
				commercial-industry standards for measures of access, timeliness, and
				performance metrics with respect to revenue enhancement of the
				Department.
							(4)Apply other
				requirements with respect to such revenue cycle improvement as the Secretary
				may
				specify.
							.
			(b)Clerical
			 amendmentThe table of
			 sections at the beginning of such chapter is amended by inserting after the
			 item relating to section 1729A the following:

						1729B. Consolidated patient accounting
				centers.

					.


115 HR 6433 IH: Go to Washington, Go to Work Act
U.S. House of Representatives
2018-07-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6433IN THE HOUSE OF REPRESENTATIVESJuly 18, 2018Mr. Nolan (for himself and Mr. Gallagher) introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo amend the Federal Election Campaign Act of 1971 to prohibit Congressional candidates and Members
			 of Congress from soliciting campaign funds on any day on which the House
			 of Congress in which the candidate seeks election or the Member serves is
			 in session.

 1.Short titleThis Act may be cited as the Go to Washington, Go to Work Act. 2.Prohibiting Congressional candidates and Members of Congress from soliciting campaign funds while in session (a)ProhibitionTitle III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section:

					325.Prohibiting Congressional candidates and Members of Congress from soliciting campaign funds while
			 in session
 A candidate for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress or an individual holding such an office may not solicit funds in connection with an election for Federal office or an election for State or local office—
 (1)on any day on which the Senate is in session (other than a day on which the Senate convenes solely in a pro forma session), in the case of a candidate for election for, or an individual holding, the office of Senator; or
 (2)on any day on which the House of Representatives is in session (other than a day on which the House convenes solely in a pro forma session), in the case of a candidate for election for, or an individual holding, the office of Representative in, or Delegate or Resident Commissioner to, the Congress..
 (b)Effective dateThe amendments made by this section shall apply with respect to elections occurring during 2019 or any succeeding year.


116 S76 IS: Saint-Gaudens National Historical Park Redesignation Act
U.S. Senate
2019-01-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
116th CONGRESS1st Session
S. 76
IN THE SENATE OF THE UNITED STATES

January 10, 2019
Mrs. Shaheen (for herself and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL
To redesignate the Saint-Gaudens National Historic Site as the Saint-Gaudens National Historical Park, and for other purposes.

1.Short titleThis Act may be cited as the Saint-Gaudens National Historical Park Redesignation Act.  2.Designation of Saint-Gaudens National Historical Park (a)In GeneralThe Saint-Gaudens National Historic Site shall be known and designated as the Saint-Gaudens National Historical Park.
(b)Amendments to Public Law 88–543Public Law 88–543 (78 Stat. 749) is amended— (1)by striking National Historic Site each place it appears and inserting National Historical Park;
(2)in section 2(a), by striking historic site and inserting Saint-Gaudens National Historical Park;  (3)in section 3, by—
(A)striking national historical site and inserting Saint-Gaudens National Historical Park; and  (B)striking part of the site and inserting part of the park; and
(4)in section 4(b), by striking traditional to the site and inserting traditional to the park.  (c)ReferencesAny reference in any law, regulation, document, record, map, or other paper of the United States to the Saint-Gaudens National Historic Site shall be considered to be a reference to the Saint-Gaudens National Historical Park.


117 HR 3272 IH: Biodiesel, Renewable Diesel, and Alternative Fuels Extension Act of 2021
U.S. House of Representatives
2021-05-17
text/xml
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I117th CONGRESS1st SessionH. R. 3272IN THE HOUSE OF REPRESENTATIVESMay 17, 2021Mr. Costa (for himself and Mr. Valadao) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to extend biodiesel and renewable diesel incentives, and for other purposes.1.Short titleThis Act may be cited as the Biodiesel, Renewable Diesel, and Alternative Fuels Extension Act of 2021.2.Extension of biodiesel and renewable diesel incentives(a)Income tax credit(1)ExtensionSubsection (g) of section 40A of the Internal Revenue Code of 1986 is amended by striking December 31, 2022 and inserting December 31, 2025.(2)PhasedownSubsection (b) of section 40A of such Code is amended by adding at the end the following:(5)PhasedownIn the case of taxable years beginning after 2022, paragraphs (1)(A) and (2)(A) shall each be applied by substituting for $1.00 the following:(A)$0.75 for taxable years beginning in 2023, and(B)$0.50 for taxable years beginning after 2023..(b)Excise tax incentives(1)CreditParagraph (6) of section 6426(c) of such Code is amended by striking December 31, 2022 and inserting December 31, 2025.(2)PaymentsSubparagraph (B) of section 6427(e)(6) of such Code is amended by striking December 31, 2022 and inserting December 31, 2025.(3)PhasedownParagraph (2) of section 6426(c) of such Code is amended by inserting before the period at the end the following: ($0.75 for fuel sold or used in 2023 and $0.50 for fuel sold or used after 2023).(c)Effective dateThe amendments made by this section shall apply to fuel sold or used after December 31, 2021.3.Extension of excise tax credits relating to alternative fuels(a)Extension of alternative fuels excise tax credits(1)In generalParagraph (5) of section 6426(d) and paragraph (3) of section 6426(e) of the Internal Revenue Code of 1986 are each amended by striking December 31, 2021 and inserting December 31, 2025.(2)Outlay payments for alternative fuelsSubparagraph (C) of section 6427(e)(6) of such Code is amended by striking December 31, 2021 and inserting December 31, 2025.(3)Phasedown(A)Alternative fuel creditParagraph (1) of section 6426(d) of such Code is amended by inserting (37.5 cents for fuel sold or used in 2023 and 25 cents for fuel sold or used after 2023) after 50 cents.(B)Alternative fuel mixture creditParagraph (1) of section 6426(e) of such Code is amended by inserting (37.5 cents for fuel sold or used in 2023 and 25 cents for fuel sold or used after 2023) after 50 cents.(b)Effective dateThe amendments made by this section shall apply to fuel sold or used after December 31, 2021.