		II
		111th CONGRESS
		2d Session
		S. 3316
		IN THE SENATE OF THE UNITED STATES

			May 5, 2010
			Ms. Collins (for herself
			 and Ms. Snowe) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for flexibility and improvements
		  in elementary and secondary education, and for other purposes.

		1.Short titleThis Act may be cited as the
			 No Child Left Behind Flexibility and
			 Improvements Act.
		2.Discretion to modify adequate yearly
			 progress timelineSection
			 1111(b)(2)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(2)(F)) is amended—
			(1)by striking (F)
			 Timeline.—Each State and inserting the
			 following:

					(F)Timeline
						(i)In generalEach
				State
						;
				and
			(2)by adding at the end the following:

					(ii)Discretion of secretary to modify the
				timelineEvery 3 years, the
				Secretary—
						(I)shall review the requirements of the
				timeline established in clause (i); and
						(II)may issue guidance or regulations modifying
				such requirements if the Secretary determines, at the Secretary's discretion
				and after a review of the progress of the States towards making adequate yearly
				progress for the 2013–2014 school year, that modifications to the timeline are
				in the interests of improving student achievement and are in keeping with the
				purposes of this
				title.
						.
			3.Alternative accountability
			 systemsSection 1111(b)(2) of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is
			 further amended—
			(1)by striking subparagraph (I) and inserting
			 the following:

					(I)Annual improvement for schools
						(i)In generalEach year, for a school to make adequate
				yearly progress under this paragraph—
							(I)each group of students described in
				subparagraph (C)(v) must meet or exceed the objectives set by the State under
				subparagraph (G), except that if any group described in subparagraph (C)(v)
				does not meet those objectives in any particular year, the school shall be
				considered to have made adequate yearly progress if—
								(aa)the percentage of students in that group
				who did not meet or exceed the proficient level of academic achievement on the
				State assessment under paragraph (3) decreased by 5 percent over the past year,
				or an aggregate of 10 percent over 2 years, and that group has made progress on
				1 or more of the academic indicators described in clause (vi) or (vii) of
				subparagraph (C); or
								(bb)the students in that group demonstrate that
				the students are making progress towards proficiency through an additional
				model or system for measuring student progress described in subparagraph (J)
				and that group has made progress on one or more of the academic indicators
				described in clause (vi) or (vii) of subparagraph (C); and
								(II)not less than 95 percent of each group of
				students described in subparagraph (C)(v) who are enrolled in the school are
				required to take the assessments, consistent with paragraph (3)(C)(xi) and with
				accommodations, guidelines, and alternative assessment provided in the same
				manner as those provided under section 612(a)(16)(A) of the Individuals with
				Disabilities Education Act and paragraph (3), on which adequate yearly progress
				is based (except that the 95 percent requirement described in this clause shall
				not apply in a case in which the number of students in a category is
				insufficient to yield statistically reliable information or the results would
				reveal personally identifiable information about an individual student).
							(ii)Children with disabilitiesIn the case of a child with a disability
				(as defined in section 602(3) of the Individuals with Disabilities Education
				Act), a State may deem the child to have met the State's proficient level of
				academic achievement on the State assessments for purposes of calculating
				adequate yearly progress under this section if—
							(I)the student's individualized education
				program team (as defined in section 614(d)(1)(B) of such Act) designates an
				alternate assessment based on alternate or modified student academic
				achievement standards as a more appropriate measure of the student's academic
				progress and achievement for purposes of the assessment requirements under this
				part; and
							(II)the student achieves a proficient score on
				such alternate assessment.
							(iii)State educational agency
				reportFor any year that a
				State educational agency makes use of the flexibility provided by this section
				to allow alternate assessments for more than 3 percent of the total student
				population statewide, the State educational agency shall make available to the
				public a report that includes the percentage of all special education students
				in the State who were assessed according to clause
				(ii).
						;
			(2)by redesignating subparagraphs (J) and (K)
			 as subparagraphs (L) and (M), respectively; and
			(3)by inserting after subparagraph (I) (as
			 amended by paragraph (1)) the following:

					(J)Additional models and systems for measuring
				student progressIn
				developing a single, statewide State accountability system pursuant to
				subparagraph (A), a State may establish models and systems for measuring
				student progress for purposes of determining whether an agency or school has
				made adequate yearly progress that are in addition to the models and systems
				otherwise described in this paragraph if the models and systems are in keeping
				with the purposes of this title. Additional models and systems that measure
				student progress under this paragraph may include—
						(i)cohort growth models that—
							(I)demonstrate progress based on longitudinal
				student assessment results indicating improvement in the academic performance
				of the same cohort of students over time; and
							(II)may in some instances specify different
				starting points, different intermediate goals, and different annual measurable
				objectives for different cohorts;
							(ii)indexing systems that demonstrate progress
				based on improvement in assessment scores for students below the proficient
				level, such as improvements from the below basic to basic level, or from basic
				to another intermediate level below the proficient level, if the system does
				not include improvement in students scores for students who scored at the
				proficient level and higher; or
						(iii)a system that demonstrates progress based
				on improvements in closing the achievement gap or making progress toward
				another State-established high-achievement target, such as a system that
				demonstrates progress towards having all subgroups meet or exceed the current
				percentage of proficient students at the State's top-performing schools (such
				as the top 20 percent of schools), if the system requires continued improvement
				towards subsequently higher targets until all students have reached the
				proficient level.
						(K)Requirement for guidance from the secretary
				on additional models and systems for measuring student progressNot later than 120 days after the date of
				enactment of the No Child Left Behind Flexibility and Improvements Act, the
				Secretary shall establish specific models of additional models and systems for
				measuring student progress that meet the requirements of subparagraph (J),
				including models of cohort-growth systems, indexing systems, or
				high-achievement target systems described in such subparagraph. To the extent
				possible, the models shall demonstrate the maximum amount of flexibility
				available under this part in the design of additional models and systems for
				measuring student progress. In addition, the Secretary shall create a task
				force to provide guidance and other technical assistance to those States
				interested in incorporating additional models and systems for measuring student
				progress into their State accountability
				plan.
					.
			4.State option regarding students with
			 limited English proficiencySection 1111(b)(2) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) (as amended by section
			 3) is further amended by adding at the end the following:

				(N)State option regarding students with
				limited English proficiency
					(i)In generalIn determining whether a school, local
				educational agency, or State has made adequate yearly progress under this
				subsection, a State shall have the option to include in the students with
				limited English proficiency subgroup a student who was formerly included in the
				subgroup and subsequently acquired proficiency in English.
					(ii)Duration of inclusion in the
				subgroupA State may include
				a student described in clause (i) in the students with limited English
				proficiency subgroup until the student completes secondary school.
					(iii)Rules of constructionNothing in this subparagraph shall be
				construed—
						(I)to count a student described in clause (i)
				as a student with limited English proficiency for purposes of—
							(aa)determining a State-defined minimum
				subgroup size; and
							(bb)allocating funds under title III; or
							(II)to require a student described in clause
				(i)—
							(aa)to continue to take a limited English
				proficiency assessment under paragraph (7); and
							(bb)to receive language services provided to
				students with limited English
				proficiency.
							.
		5. Local academic assessmentsSection 1111(b)(3)(A) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(A)) is amended—
			(1)by striking (A)
			 In
			 general.—Each State plan and inserting the
			 following:

					(A)Implementation of assessments
						(i)In generalEach State
				plan
						;
				and
			(2)by adding at the end the following:

					(ii)Rule of construction regarding use of local
				assessmentsNothing in this
				Act shall be construed to prohibit a State from using a local assessment system
				or a mixed system of State and local assessments in carrying out clause (i), if
				the assessment system—
						(I)is aligned with the State's content and
				achievement standards and provides coherent information about student
				attainment of those standards;
						(II)is valid and reliable, and consistent with
				relevant professional and technical standards;
						(III)provides individual student reports and
				itemized score analysis; and
						(IV)allows the State to aggregate, with
				confidence, data from disparate local assessments.
						(iii)Required technical assistanceNot later than 120 days after the date of
				enactment of the No Child Left Behind Flexibility and Improvements Act, the
				Secretary shall provide models of local assessment systems or mixed systems of
				State and local assessments meeting the requirements described in clause (ii),
				and shall provide guidance and technical assistance to States on ways that
				these systems may be used to satisfy the assessment requirements of this
				part.
					.
			6.Deferral of academic
			 assessmentsSection
			 1111(b)(3)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(3)(D)) is amended by striking clauses (i) through (iv) and inserting
			 the following:

				(i)$640,000,000 for fiscal year 2010;
				and
				(ii)$670,000,000 for fiscal year
				2011.
				.
		7.Adequate yearly progress by group and
			 subjectSection 1116(b) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6316(b)) is amended—
			(1)in subparagraph (A) of paragraph (1), by
			 inserting with respect to the performance of a particular group of
			 students described in section 1111(b)(2)(C)(v) in the same academic
			 subject, after that fails, for 2 consecutive
			 years,;
			(2)in the matter preceding subparagraph (A) of
			 paragraph (5), by inserting with respect to the performance of a
			 particular group of students described in section 1111(b)(2)(C)(v) in the same
			 academic subject, after that fails to make adequate yearly
			 progress,;
			(3)in the matter preceding clause (i) of
			 paragraph (7)(C), by inserting with respect to the performance of a
			 particular group of students described in section 1111(b)(2)(C)(v) in the same
			 academic subject, after that fails to make adequate yearly
			 progress,; and
			(4)in the matter preceding clause (i) of
			 paragraph (8)(A), by inserting with respect to the performance of a
			 particular group of students described in section 1111(b)(2)(C)(v) in the same
			 academic subject, after continues to fail to make adequate
			 yearly progress,.
			8.Modification of the definition of highly
			 qualified teacher
			(a)In
			 generalSubpart 1 of part A
			 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311 et seq.) is amended by adding at the end the following:

					1120C.Modification of the definition of highly
				qualified teacher
						(a)Highly qualified teachers of multiple
				academic subjectsNotwithstanding section 9101(23) or any
				other provision of law, a middle or secondary school teacher employed to teach
				multiple academic subjects shall be deemed to be highly qualified for purposes
				of this part, if—
							(1)the teacher meets the requirements of
				section 9101(23)(A);
							(2)the teacher has a bachelor's degree;
							(3)the teacher has demonstrated a high level
				of competency in at least one subject taught by the teacher by—
								(A)passing a test described in section
				9101(23)(B)(ii)(I) that is applicable to such subject; or
								(B)successful completion of a course of study,
				certification, or credential described in section 9101(23)(B)(ii) that is
				applicable to such subject; and
								(4)(A)the State educational agency makes a
				determination, for a period of not more than 3 years at a time, that—
									(i)the teacher should be considered highly
				qualified for purposes of this part based on a showing that the teacher is
				making progress toward becoming highly qualified as defined in section
				9101(23); and
									(ii)at the time the State educational agency
				makes such determination, the teacher teaches in a local educational agency of
				the State that has provided the State educational agency with evidence (that
				may include the fact that the local educational agency serves a small and rural
				school facing unique staffing or hiring challenges that require teachers to
				teach multiple academic subjects) that the local educational agency has made a
				reasonable effort to provide teachers who are highly qualified as defined in
				section 9101(23) to every student served by the local educational agency;
				or
									(B)the teacher has an academic minor
				consisting of not less than 15 credit hours, or the equivalent of an academic
				minor as defined by the State educational agency in its State plan pursuant to
				section 1119(a)(2), in each academic subject that is taught by the teacher
				(other than a subject for which the teacher has demonstrated a high level of
				competency under paragraph (3)), and each such subject is related to a subject
				for which the teacher has demonstrated a high level of competency under
				paragraph (3).
								(b)ReportFor each year that a teacher in a State is
				deemed to be highly qualified under subsection (a), the State educational
				agency in the State shall make available to the public a report that
				includes—
							(1)the number of teachers in the State that
				are deemed highly qualified under subsection (a); and
							(2)the total amount of subgrant funds made
				available under subpart 2 of part A of title II that the State awards to local
				educational agencies under such subpart that are available to assist the
				teachers described in paragraph (1) with the process of becoming highly
				qualified as defined in section
				9101(23).
							.
			(b)Table of
			 contentsThe table of contents of the Elementary and Secondary
			 Education Act of 1965 is amended by inserting after the item relating to
			 section 1120B the following:

						Sec. 1120C. Modification of the definition of highly qualified
				teacher.

					.
			9.Reauthorization of Reading First and Early
			 Reading First programs
			(a)Authorization
			 of appropriationsSection 1002(b) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6302(b)) is amended—
				(1)in paragraph (1),
			 by striking 2002 and inserting 2010; and
				(2)in paragraph (2),
			 by striking 2002 and inserting 2010.
				(b)Use of funds
			 for reading activities
				(1)FindingCongress
			 finds that, based on the Office of Inspector General of the Department of
			 Education's September 2006 report entitled The Reading First Program's
			 Grant Application Process, it is crucial to achieving the goals of the
			 Reading First program under subpart 1 of part B of title I of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.) that greater
			 flexibility is afforded to program participants, including allowing
			 participants to choose from a variety of scientifically based reading
			 programs.
				(2)Use of funds
			 for reading activitiesSection 1202(c)(7) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6362(c)(7)) is amended by adding at
			 the end the following:

						(C)Reading activities for individual
				studentsNotwithstanding any
				other provision of this subpart, an eligible local educational agency may use
				the funds provided under the subgrant for any activity described in
				subparagraph (A) that is provided to a student in a manner other than on a
				classwide instruction basis, including small group instruction and one-to-one
				instruction.
						.
				10.Definition of highly
			 qualifiedSection
			 9101(23)(B)(ii)(II) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 7801(23)(B)(ii)(II)) is amended by striking credentialing;
			 and and inserting the following: “credentialing,

				except that the Secretary shall
				promulgate regulations permitting a teacher to demonstrate subject area
				competence in history, geography, economics, government, civics, or related
				subjects at middle or secondary schools in the State through a State social
				studies certificate that qualifies the teacher to teach such subjects;
				and.


116 S1807 IS: Fix Funding First Act
U.S. Senate
2019-06-12
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.

		II
		116th CONGRESS1st Session
		S. 1807
		IN THE SENATE OF THE UNITED STATES

			June 12, 2019
			Mr. Perdue introduced the following bill; which was read twice and referred to the Committee on the Budget

		A BILL
		To improve the funding process.

		1.Short title
 This Act may be cited as the Fix Funding First Act.
		2.Change of fiscal year
			(a)In general
 (1)Change of calendar periodSection 1102 of title 31, United States Code, is amended— (A)by striking October 1 and inserting January 1; and
 (B)by striking September 30 of the following year and inserting December 31 of that year. (2)Effective dateThe amendments made by paragraph (1) shall take effect on January 1, 2021.
				(b)Transition to new fiscal year
 (1)Transition period budgetAs soon as practicable, the President shall prepare and submit to Congress— (A)after consultation with the Committee on the Budget and the Committee on Appropriations of the House of Representatives and the Committee on the Budget and the Committee on Appropriations of the Senate, budget estimates for the Federal Government for the period commencing October 1, 2020, and ending on December 31, 2020, in such form and detail as the President may determine; and
 (B)proposed legislation the President considers appropriate with respect to changes in law necessary to provide authorizations of appropriations for that period.
 (2)Agency transitionThe Director of the Office of Management and Budget shall— (A)provide by regulation, order, or otherwise for the orderly transition by all departments, agencies, and instrumentalities of the Federal Government and the government of the District of Columbia from the use of the fiscal year in effect on the date of the enactment of this Act to the use of the new fiscal year prescribed under the amendments made by subsection (a); and
 (B)prepare and submit to Congress such additional proposed legislation as the Director considers necessary to accomplish the orderly transition to such new fiscal year.
 (c)Conversion of authorizations of appropriationsAny law providing for an authorization of appropriations commencing on October 1 of a year shall, if that year is any year after 2019, be considered as meaning January 1 of the following year. Any law providing for an authorization of appropriations ending on September 30 of a year shall, if that year is any year after 2019, be considered as meaning December 31 of that year. Any law providing for an authorization of appropriations for the fiscal year 2021 or any fiscal year thereafter shall be construed as referring to that fiscal year ending on December 31 of the calendar year having the same calendar year number as the fiscal year number.
			(d)Title of appropriation acts
 (1)In generalSection 105 of title 1, United States Code, is amended by striking September 30 and inserting December 31. (2)Effective dateThe amendment made by paragraph (1) shall apply with respect to any fiscal year commencing on or after January 1, 2021.
 (e)Conforming amendmentsSection 202(e) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 602(e)) is amended—
 (1)in paragraph (1)— (A)in the first sentence—
 (i)by striking On or before February 15 of each year, the Director shall and inserting During an even-numbered year, the Director may; and (ii)by striking October 1 of that year and inserting January 1 of the next calendar year; and
 (B)in the second sentence, by striking shall also include and inserting may include; and (2)in paragraph (3)—
 (A)by striking On or before January 15 of each year, the Director and inserting The Director; (B)by striking September 30 each place it appears and inserting December 31; and
 (C)by striking October 1 of that calendar year and inserting January 1 of the next calendar year. 3.Legally binding biennial budget (a)PurposesSection 2(2) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621(2)) is amended to read as follows:

 (2)to facilitate the determination biennially of the appropriate level of Federal revenues and expenditures by the Congress;.
 (b)DefinitionsSection 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622) is amended—
 (1)by striking paragraph (4) and inserting the following:

 (4)The term joint resolution on the budget means— (A)a joint resolution setting forth the budget for the United States Government for a biennium as provided in section 301; and
 (B)any other joint resolution revising the budget for the United States Government for a biennium as described in section 304.; and
 (2)by adding at the end the following:  (12)The term biennium means any period of 2 consecutive fiscal years beginning with an even-numbered fiscal year.
 (13)The term budget year has the meaning given that term in section 250(c)(12) of the Balanced Budget and Emergency Control Act of 1985..
 (c)Revision of timetableSection 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows:  300.TimetableThe timetable with respect to the congressional budget process is as follows:On or before:Action to be
						completed:November 15 of each year (excluding a year during which a Presidential election is held, unless the
			 individual serving as President is elected to succeed himself or herself
			 as President) President submits to Congress the budget of the President.Friday before the third Monday in February of each odd-numbered yearJoint resolution on the budget for the next biennium enacted.Friday before the first Saturday after the first full moon occurring on or after the vernal equinox
			 of each yearSenate and the House
			 of Representatives have passed
			 regular appropriations bills that appropriate not less than 25 percent of
			 the total level of discretionary spending for the next fiscal year.Friday before the last Monday in May of each yearSenate and the House of
			 Representatives have passed regular
			 appropriations bills that appropriate not less than 50 percent of the
			 total level of discretionary spending for the next fiscal year.Friday	before July 4 of each yearSenate and the House of Representatives have passed
			 regular appropriations bills that
			 appropriate not less than 75 percent of the total level of discretionary
			 spending for the next fiscal year.July 31 of each yearSenate and the
			 House of Representatives have
			 passed all the regular appropriations bills for the next fiscal year.September 30 of each yearAll regular appropriation bills for the next fiscal year have been enacted.September 30 of each even-numbered yearThe Committee on the Budget of the Senate and the Committee on the Budget of the House of
			 Representatives have reported	the concurrent resolution setting forth a
			 long-term budget projection required
			 under section 308(e)..
			(d)Biennial joint resolutions on the budget
				(1)Contents of resolution
 (A)In generalSection 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended— (i)in the subsection heading by striking concurrent and inserting joint; and
 (ii)by striking On or before April 15 and all that follows through the end of the matter following paragraph (7) and inserting On or before the Friday before the third Monday in February of each odd-numbered calendar year, a joint resolution on the budget for the biennium beginning on January 1 of the next calendar year shall be enacted. The joint resolution shall include an allocation of the levels for each fiscal year in the biennium of total new budget authority and total outlays for each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts..
 (B)Additional matters in resolutionSection 301(b) of the Congressional Budget Act of 1974 (2 U.S.C. 632(b)) is amended— (i)in the subsection heading by striking concurrent and inserting joint;
 (ii)by striking concurrent each place it appears and inserting joint; (iii)in paragraph (3), by striking for such fiscal year and inserting for either fiscal year in such biennium;
 (iv)in paragraph (7), by striking the adoption of the resolution and inserting the date of enactment of the resolution; (v)in paragraph (8), by striking and at the end;
 (vi)in paragraph (9), by striking the period at the end and inserting ; and; and (vii)by adding at the end the following:

 (10)set forth appropriate levels for the biennium beginning on January 1 of the next calendar year and the ensuing fiscal years for—
 (A)totals of new budget authority and outlays; (B)total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;
 (C)the surplus or deficit in the budget; (D)new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subparagraph (A);
 (E)the public debt; (F)for purposes of Senate enforcement under this title, outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act; and
 (G)for purposes of Senate enforcement under this title, revenues of the old-age, survivors, and disability insurance program established under title II of the Social Security Act (and the related provisions of the Internal Revenue Code of 1986)..
 (2)Consideration of certain matters in the House of RepresentativesSection 301(c) of the Congressional Budget Act of 1974 (2 U.S.C. 632(c)) is amended by striking concurrent each place it appears and inserting joint. (3)Committee views and estimatesSection 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632) is amended by striking subsection (d).
 (4)Hearings and reportSection 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended— (A)by striking concurrent each place it appears and inserting joint;
 (B)in paragraph (1)— (i)in the first sentence, by striking referred to in subsection (a) for each fiscal year and inserting for each biennium; and
 (ii)in the second sentence, by striking Each of the recommendations and all that follows through subsection (d) and inserting Any recommendations of the Joint Economic Committee; and (C)in paragraph (2)—
 (i)in the paragraph heading, by striking Required contents of report and inserting Information regarding levels; (ii)in the matter preceding subparagraph (A), by striking shall and inserting may;
 (iii)in subparagraph (D), by adding and at the end; (iv)in subparagraph (E), by striking ; and and inserting a period; and
 (v)by striking subparagraph (F). (5)Goals for reducing unemploymentSection 301(f) of the Congressional Budget Act of 1974 (2 U.S.C. 632(f)) is amended—
 (A)by striking concurrent each place it appears and inserting joint; (B)by striking fiscal year each place it appears and inserting biennium; and
 (C)in paragraph (3), by striking It shall and all that follows through subsection (a)) set forth in such resolution and inserting If such resolution sets forth estimates, amounts, and levels described in subsection (b)(10), it shall be in order to amend the provisions of such resolution setting forth such year only if the amendment thereto also proposes to alter such estimates, amounts, and levels in such resolution.
 (6)Economic assumptionsSection 301(g) of the Congressional Budget Act of 1974 (2 U.S.C. 632(g)) is amended— (A)by striking concurrent each place it appears and inserting joint; and
 (B)by striking for a fiscal year and inserting for a biennium. (7)Consultation with committeesSection 301(h) of the Congressional Budget Act of 1974 (2 U.S.C. 632(h)) is amended by striking concurrent and inserting joint.
 (8)Social SecuritySection 301(i) of the Congressional Budget Act of 1974 (2 U.S.C. 632(i)) is amended by striking concurrent each place it appears and inserting joint. (9)Conforming amendmentSection 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632) is amended in the section heading, by striking Annual Adoption of Concurrent and inserting Adoption of Biennial Joint;
 (e)Committee allocationsSection 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended— (1)in subsection (a)—
 (A)by striking concurrent each place it appears, except the second place it appears in paragraph (5)(A), and inserting joint; (B)by striking paragraph (1) and inserting the following:

 (1)Allocation for bienniumAs specified in section 301(a), the joint resolution on the budget shall include an allocation of the levels for each fiscal year in the biennium of total new budget authority and total outlays for each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.;
 (C)in paragraph (5)— (i)in subparagraph (A)—
 (I)by striking adopted by April 15 and inserting enacted on or before the Friday before the third Monday in February of the applicable odd-numbered year;
 (II)by striking an allocation under and inserting an allocation described in; and (III)by striking the most recently agreed to concurrent resolution on the budget and inserting the most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget); and
 (ii)in subparagraph (B), by striking under paragraph (1) is submitted under this section and inserting described in paragraph (1) is enacted as part of a joint resolution on the budget; and (D)by adding at the end the following:

 (6)Default allocations if joint resolution not enactedAfter the Friday before the third Monday in February of each odd-numbered year, if a joint resolution on the budget for the next biennium has not been enacted, the allocations described in paragraph (1) for each year in the next biennium shall be deemed to be the allocations in effect for such odd-numbered year.;
 (2)in subsection (b)— (A)by striking concurrent resolution on the budget is agreed to and inserting joint resolution on the budget is enacted; and
 (B)by striking budget year under subsection (a) and inserting biennium; (3)in subsection (c)—
 (A)by striking pursuant to and inserting described in; (B)by striking for a fiscal year and inserting for a biennium; and
 (C)by striking for that fiscal year and inserting any fiscal year during that biennium; (4)in subsection (d)—
 (A)in the subsection heading, by striking Concurrent and inserting Joint; (B)by striking concurrent the first place it appears and inserting joint;
 (C)by striking under subsection (a) and inserting described in subsection (a); and (D)by striking most recently agreed to concurrent resolution on the budget and inserting most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget);
 (5)in subsection (f)— (A)in paragraph (1)—
 (i)in the matter preceding subparagraph (A), by striking the Congress has completed action on a concurrent resolution on the budget for a fiscal year and inserting a joint resolution on the budget for a biennium is enacted; and (ii)in the matter following subparagraph (C)—
 (I)by striking made under subsection (a) or (b) and inserting described in subsection (a) or made under subsection (b); and (II)by striking the first fiscal year and inserting either of the first two fiscal years covered by that joint resolution; and
 (B)in paragraph (2)— (i)in the matter preceding subparagraph (A), by striking After a concurrent resolution on the budget is agreed to and inserting After a joint resolution on the budget is enacted; and
 (ii)in subparagraph (A)— (I)by striking under subsection (a) and inserting described in subsection (a);
 (II)by striking first fiscal year and inserting either of the first two fiscal years covered by that joint resolution; and (III)by striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution; and
 (6)in subsection (g)— (A)in paragraph (1)—
 (i)in subparagraph (A)— (I)in the matter preceding clause (i)—
 (aa)by striking April 15 and inserting the Friday before the third Monday in February of the applicable odd-numbered year; and (bb)by striking most recently agreed to concurrent resolution on the budget and inserting most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget); and
 (II)in the matter following clause (iii)— (aa)by striking concurrent resolution each place it appears and inserting joint resolution (or concurrent resolution, if applicable); and
 (bb)by striking as set forth and inserting if set forth; and (ii)in subparagraph (B)—
 (I)in the matter preceding clause (i), by striking most recently agreed to concurrent resolution on the budget and inserting most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget); and
 (II)in the matter following clause (iii)— (aa)by striking concurrent resolution each place it appears and inserting joint resolution (or concurrent resolution, if applicable); and
 (bb)by striking reduced as required and inserting reduced, if required,; and (B)in paragraph (2)—
 (i)in subparagraph (A), by striking shall file with the House and all that follows and inserting shall file with the House a statement revising the allocation described in subsection (a) of this section and revised functional levels and budget aggregates, if the joint resolution on the budget in effect establishes such levels and aggregates, to reflect that bill.; and
 (ii)in subparagraph (B), by striking most recently agreed to concurrent resolution on the budget and inserting most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget).
 (f)Budget resolution before budget-Related legislation is consideredSection 303 of the Congressional Budget Act of 1974 (2 U.S.C. 634) is amended— (1)in the section heading, by striking Concurrent and inserting Joint;
 (2)by striking concurrent each place it appears and inserting joint; (3)in subsection (a), in the matter preceding paragraph (1)—
 (A)by striking for a fiscal year has been agreed to and inserting for a biennium has been enacted; and (B)by striking the first fiscal year covered by that resolution and inserting either fiscal year of that biennium;
 (4)in subsection (b)(1)(B), by striking the fiscal year and inserting the biennium; and (5)in subsection (c)—
 (A)in paragraph (1)— (i)by striking for a fiscal year has been agreed to and an allocation has been made to the Committee on Appropriations of the Senate under section 302(a) for that year and inserting for a biennium has been enacted that includes the allocation described in section 302(a) for each year of that biennium; and
 (ii)by striking thereon for that year and inserting for any year of that biennium; and (B)in paragraph (2), by striking after the year the allocation referred to in that paragraph is made and inserting after the year to which the allocation referred to in that paragraph applies.
 (g)Revision of biennial budgetSection 304 of the Congressional Budget Act of 1974 (2 U.S.C. 635) is amended to read as follows:  304.Permissible revisions of joint resolutions on the budgetAt any time after the joint resolution on the budget has been enacted to pursuant to section 301, and before the end of the biennium, Congress may enact a joint resolution that revises or reaffirms the most recently enacted joint resolution on the budget..
			(h)Repeal of reconciliation
 (1)In generalTitle III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by striking sections 310 and 313 (2 U.S.C. 641, 644).
				(2)Conforming amendments
 (A)Section 301(b) of the Congressional Budget Act of 1974 (2 U.S.C. 632(b)), as amended by subsection (d)(1)(B) of this section, is amended—
 (i)by striking paragraphs (2) and (3); and (ii)by redesignating paragraphs (4) through (10) as paragraphs (2) through (8), respectively.
 (B)Section 305(c)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 636(c)(1)) is amended by striking (or a reconciliation bill or resolution).
 (C)Section 314(e)(4) of the Congressional Budget Act of 1974 (2 U.S.C. 645(e)(4)) is amended by inserting , as in effect on the day before the effective date of the amendments made by section 8 of the Fix Funding First Act before the period.
 (D)Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended— (i)in subsection (c)—
 (I)in paragraph (1), by striking 310(d)(2), 313,; and (II)in paragraph (2), by striking 310(g); and
 (ii)in subsection (d)— (I)in paragraph (1), by striking reconciliation bill,;
 (II)in paragraph (2), by striking 310(d)(2), 313,; and (III)in paragraph (3), by striking 310(g).
 (E)The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the items relating to sections 310 and 313.
 (F)Section 258C(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(a)(2)) is amended by inserting as in effect on the day before the effective date of the amendments made by section 8 of the Fix Funding First Act, after Act of 1974,.
 (G)Section 4(g)(3)(D) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)(3)(D)) is amended by inserting , as in effect on the day before the effective date of the amendments made by section 8 of the Fix Funding First Act before the period.
					(i)Additional conforming amendments
 (1)In generalThe Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) is amended— (A)in section 305 (2 U.S.C. 636)—
 (i)in the section heading, by striking Concurrent and inserting Joint; (ii)in subsection (a)—
 (I)by striking concurrent each place it appears and inserting joint; (II)in paragraph (3), by striking for a fiscal year; and
 (III)in paragraph (4)— (aa)by striking which the estimates, amounts, and levels (as described in section 301(a)) set forth in such resolution are designed to achieve,; and
 (bb)by inserting if estimates, amounts, and levels (as described in section 301(b)(10)) are set forth in such resolution that are designed to achieve such goals before such amendment;
 (iii)in subsection (b)— (I)by striking concurrent each place it appears and inserting joint;
 (II)in paragraph (3), by striking for a fiscal year; and (III)in paragraph (4)—
 (aa)by striking which the estimates, amounts, and levels (as described in section 301(a)) set forth in such resolution are designed to achieve,; and
 (bb)by inserting if estimates, amounts, and levels (as described in section 301(b)(10)) are set forth in such resolution that are designed to achieve such goals before such amendment;
 (iv)in subsection (c), by striking concurrent each place it appears and inserting joint; and (v)in subsection (d)—
 (I)in the subsection heading, by striking Concurrent and inserting Joint; and (II)by striking concurrent each place it appears and inserting joint;
 (B)in section 307— (i)in the section heading, by striking June 10 and inserting July 31;
 (ii)by striking June 10 and inserting July 31; and (iii)by striking October 1 of that year and inserting January 1 of the next year;
 (C)in section 308 (2 U.S.C. 639)— (i)in subsection (a)(1)(A), by striking agreed to concurrent resolution on the budget for such fiscal year (or fiscal years) and inserting enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget); and
 (ii)in subsection (b)(1)— (I)by striking covered by a concurrent on the budget and inserting for which a joint resolution in effect establishes applicable allocations, aggregates, and levels;
 (II)by striking adopted concurrent resolution on the budget and inserting enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget), if any,; and
 (III)by striking appropriate concurrent resolution and inserting appropriate joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the appropriate concurrent resolution on the budget);
 (D)by striking section 309 (2 U.S.C. 640); (E)in section 311 (2 U.S.C. 642)—
 (i)in subsection (a)— (I)in paragraph (1)—
 (aa)in the matter preceding subparagraph (A), by striking the Congress has completed action on a concurrent resolution on the budget for a fiscal year and inserting a joint resolution on the budget for a biennium has been enacted; and (bb)in the matter following subparagraph (C)—
 (AA)by inserting , if any, after set forth each place it appears; (BB)by striking concurrent each place it appears and inserting joint;
 (CC)by striking the first fiscal year each place it appears and inserting either of the first two fiscal years covered by such resolution; (DD)by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years; and
 (EE)by striking under section 302(a) and inserting as described in section 302(a); (II)in paragraph (2)—
 (aa)in the matter preceding subparagraph (A), by striking a concurrent resolution on the budget is agreed to and inserting a joint resolution on the budget for a biennium has been enacted; (bb)in subparagraph (A), by striking for the first fiscal year and inserting , if any, for either of the first two fiscal years; and
 (cc)in subparagraph (B)— (AA)by striking for that first fiscal year the first place it appears and inserting , if any, for each of such fiscal years;
 (BB)by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years; and (CC)by striking under section 302(a) and inserting as described in section 302(a);
 (III)in paragraph (3)— (aa)by striking a concurrent resolution on the budget is agreed to and inserting a joint resolution on the budget for a biennium has been enacted;
 (bb)by inserting , if any, after set forth; (cc)striking for the first fiscal year and inserting either of the first 2 years; and
 (dd)striking that fiscal year and the ensuing fiscal years and inserting all fiscal years; and (IV)in subsection (c), in the matter following paragraph (3), by striking pursuant to section 302(a) and inserting as described in section 302(a);
 (F)in section 312(c) (2 U.S.C. 643(c))by striking concurrent each place it appears and inserting joint; (G)in section 314(g)(1)(B) (2 U.S.C. 645(g)(1)(B))—
 (i)in clause (i), by striking as set forth in the most recently adopted concurrent resolution on the budget and inserting , if any, as set forth in the most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget);
 (ii)in clause (ii), by striking under section 302(a) and inserting as described in section 302(a); and (iii)in clause (iii), by striking in the most recently adopted concurrent resolution on the budget and inserting , if any, as set forth in the most recently enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget);
 (H)in section 401(b)(2) (2 U.S.C. 651(b)(2)), by striking agreed to concurrent resolution on the budget and inserting enacted joint resolution on the budget (or, until the first joint resolution on the budget is enacted, the most recently agreed to concurrent resolution on the budget);
 (I)in section 405(a) (2 U.S.C. 655(a)), by striking concurrent and inserting joint; and (J)in section 904(d)(1) (2 U.S.C. 621 note), by inserting joint resolution, after concurrent resolution,.
					(2)Table of contents amendments
 (A)The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended—
 (i)by striking the item relating to section 301 and inserting the following: Sec. 301. Adoption of biennial joint resolution on the budget.;  (ii)by striking the items relating to sections 303, 304, and 305 and inserting the following:
							Sec. 303. Joint resolution on the budget must be adopted before budget-related legislation is
			 considered.Sec. 304. Permissible revisions of joint resolutions on the budget.Sec. 305. Provisions relating to the consideration of joint resolutions on the budget.;
 (iii)by striking the item relating to section 307 and inserting the following: Sec. 307. House committee action on all appropriation bills to be completed by July 31.; and(iv)by striking the item relating to section 309.
 (B)Section 250(c)(12) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(12)) is amended by striking October 1 of the calendar year in which that session begins and inserting January 1 of the calendar year after the year in which that session begins.
 (C)Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking concurrent and inserting joint.
 (D)Section 310001(c)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211(c)(2)) is amended by striking concurrent and inserting joint.
					(3)Budget of the President
 (A)In generalSection 1105(a) of title 31, United States Code, is amended in the matter preceding paragraph (1) by striking On or after the first Monday in January but not later than the first Monday in February of each year and inserting Not later than November 15 of each year (excluding a year during which a Presidential election is held, unless the individual serving as President is elected to succeed himself or herself as President).
 (B)Effective dateThe amendment made by subparagraph (A) shall take effect on November 15, 2020. (j)Effective dateExcept as provided in subsection (i)(3)(B), the amendments made by this section shall take effect on January 1, 2021.
			4.No funding, no recess
 (a)In generalSection 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631), as amended by section 3(c) of this Act, is amended—
 (1)by striking The timetable and inserting the following:  (a)In generalThe timetable; and
 (2)by adding at the end the following:  (b)No funding, no recess for Congress (1)In generalThe procedures specified in paragraphs (2), (3), and (4) shall apply in the Senate and the House of Representatives—
 (A)after the Friday before the third Monday in February of each odd-numbered year, if a joint resolution on the budget for the next biennium has not been enacted;
 (B)after the Friday before the first Saturday after the first full moon occurring on or after the vernal equinox of each year if the Senate and the House of Representatives have not passed regular appropriations bills that appropriate not less than 25 percent of the total level of discretionary spending for the next fiscal year under the joint resolution on the budget in effect;
 (C)after the Friday before the last Monday in May of each year, if the Senate and the House of Representatives have not passed regular appropriations bills that appropriate not less than 50 percent of the total level of discretionary spending for the next fiscal year under the joint resolution on the budget in effect;
 (D)after the Friday before July 4 of each year, if the Senate and the House of Representatives have not passed regular appropriations bills that appropriate not less than 75 percent of the total level of discretionary spending for the next fiscal year under the joint resolution on the budget in effect;
 (E)after July 31 of each year, if the Senate and the House of Representatives have not passed all the regular appropriations bills for the next fiscal year;
 (F)after September 30 of each year, if all regular appropriation bills for the next fiscal year have not been enacted; and
 (G)after September 30 of each even-numbered year, if the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives have not reported the concurrent resolution setting forth a long-term budget projection required under section 308(e).
 (2)No recess or adjournmentDuring a period described in paragraph (1), it shall not be in order in the Senate or the House of Representatives to move to recess or to adjourn for more than 8 hours.
							(3)No official travel
 (A)In generalExcept as provided in subparagraph (B), during a period described in paragraph (1), no amounts may be obligated or expended for official travel by a Member of Congress.
 (B)Return to DCIf a Member of Congress is away from the seat of Government when a period described in paragraph (1) begins, funds may be obligated and expended for official travel by the Member of Congress to return to the seat of Government.
								(4)Additional limits in the Senate
 (A)Determination of presence of a quorumNotwithstanding any provision of the Standing Rules of the Senate, in the Senate, during each day during a period described in paragraph (1), the Presiding Officer shall direct the Clerk to call the roll to ascertain the presence of a quorum—
 (i)at noon; and (ii)at 6:00 p.m.
									(B)Lack of quorum
 (i)In generalIf, upon a calling of the roll under subparagraph (A), it shall be ascertained that a quorum is not present—
 (I)the Presiding Officer shall direct the Clerk to call the names of any absent Senators; and (II)following the calling of the names under subclause (I), the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: Shall the Sergeant-at-Arms be directed to request the attendance of absent Senators?.
 (ii)Direction to compel attendanceIf a quorum is not present 30 minutes after the time at which the vote on a question submitted under clause (i)(II) starts, the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: Shall the Sergeant-at-Arms be directed to compel the attendance of absent Senators?.
 (iii)Arrest of absent SenatorsEffective 30 minutes after the Sergeant-at-Arms is directed to compel the attendance of absent Senators under clause (ii), if any Senator not excused under rule XII of the Standing Rules of the Senate is not in attendance, the Senate shall be deemed to have agreed an order that reads as follows: Ordered, That the Sergeant-at- Arms be directed to arrest absent Senators, that warrants for the arrests of all Senators not sick nor excused be issued under the signature of the Presiding Officer and attested by the Secretary, and that such warrants be executed without delay..
 (iv)ReportsNot less frequently than once per hour during proceedings to compel the attendance of absent Senators, the Sergeant-at-Arms shall submit to the Senate a report on absent Senators, which shall—
 (I)be laid before the Senate; (II)identify each Senator whose absence is excused;
 (III)identify each Senator who is absent without excuse; and (IV)for each Senator identified under subclause (III), provide information on the current location of the Senator.
 (C)Regaining the floorIf a Senator had been recognized to speak at the time a call of the roll to ascertain the presence of a quorum was initiated under subparagraph (A), and if the presence of a quorum is established, that Senator shall be entitled to be recognized to speak.
 (D)No suspension of requirementsThe Presiding Officer may not entertain a request to suspend the operation of this paragraph by unanimous consent or motion.
 (E)Consistency with Senate emergency procedures and practicesNothing in this paragraph shall be construed in a manner that is inconsistent with S. Res. 296 (108th Congress) or any other emergency procedures or practices of the Senate.
 (5)Additional limits in the House of RepresentativesNotwithstanding any provision of the Rules of the House of Representatives, in the House of Representatives, during each day during a period described in paragraph (1), each Member of the House of Representatives shall record his or her presence for purposes of establishing a quorum at noon and 6:00 p.m.
 (6)No waiverNotwithstanding section 904(b), paragraphs (2), (3), (4), and (5) of this subsection may not be waived or suspended in the Senate or the House of Representatives.
 (7)Permanent lawNotwithstanding section 904(a), paragraph (3) of this subsection is not enacted as an exercise of the rulemaking power of the Senate or the House of Representatives..
 (b)Long-Term budget projectionSection 308 of the Congressional Budget Act of 1974 (2 U.S.C. 639) is amended by adding at the end the following:

					(e)Long-Term budget projection
 (1)DefinitionsIn this subsection, the terms direct spending and discretionary appropriations have the meanings given such terms in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900).
						(2)Projection
 (A)In generalNot later than September 30 of each even-numbered year, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives shall report to the Senate and the House of Representatives, respectively, a concurrent resolution setting forth a 5-year budget projection, which shall include a target—
 (i)for the ratio of the public debt to the gross domestic product of the United States as of the end of that 5-year period; and
 (ii)for each of the next 5 fiscal years for— (I)outlays for discretionary appropriations;
 (II)outlays for direct spending; (III)Federal revenues; and
 (IV)tax expenditures. (B)Bipartisan vote required (i)SenateThe Committee on the Budget of the Senate may only order that a concurrent resolution described in subparagraph (A) be reported to the Senate upon an affirmative vote of—
 (I)a majority of the members of such committee who are members of or caucus with the party in the majority in the Senate; and
 (II)a majority of the members of such committee who are members of or caucus with the party in the minority in the Senate.
 (ii)House of RepresentativesThe Committee on the Budget of the House of Representatives may only order that a concurrent resolution described in subparagraph (A) be reported to the House of Representatives upon an affirmative vote of—
 (I)a majority of the members of such committee who are members of or caucus with the party in the majority in the House of Representatives; and
 (II)a majority of the members of such committee who are members of or caucus with the party in the minority in the House of Representatives..
 (c)Effective dateThe amendments made by this section shall take effect on January 1, 2021. 5.No funding, no pay (a)DefinitionsIn this section—
 (1)the term covered congressional employee means an employee of— (A)any individual covered Member of Congress;
 (B)a leadership office of the Senate or the House of Representatives; (C)any committee or subcommittee of the Senate or the House of Representatives, including any select or special committee; or
 (D)any joint committee of the Congress; (2)the term covered Member of Congress—
 (A)means a Member of Congress, as defined under section 2106 of title 5, United States Code, who was serving as a Member of Congress on December 31 of the year before the applicable year under this section; and
 (B)does not include the Vice President; and (3)the term political appointee has the meaning given that term in section 714(h) of title 38, United States Code.
 (b)Timely approval of joint resolution on the budget and the appropriations billsIf, before December 31, a joint resolution on the budget has not been enacted and all regular appropriation Acts have not been enacted, the pay of each Member of Congress, each covered congressional employee, and each political appointee serving in a position in the Office of Management and Budget may not be paid for each day following that December 31 until the date on which both a joint resolution on the budget and all the regular appropriations bills for such fiscal year have been enacted.
			(c)No pay without joint resolution on the budget and the appropriations bills
 (1)In generalNotwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress, covered congressional employee, or political appointee serving in a position in the Office of Management and Budget during any period determined by the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the Senate, the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the House of Representatives, or the President, as applicable, under subsection (d).
 (2)No retroactive payA Member of Congress, a covered congressional employee, and a political appointee serving in a position in the Office of Management and Budget may not receive pay for any period determined by the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the Senate, the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the House of Representatives, or the President, as applicable, under subsection (d), at any time after the end of that period.
				(d)Determinations
				(1)Senate
 (A)Request for certificationsOn December 31 of each year, the Secretary of the Senate shall submit a request to the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the Senate for certification of determinations made under clauses (i) and (ii) of subparagraph (B).
 (B)DeterminationsThe Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the Senate shall—
 (i)on December 31 of each year, make a determination of whether Congress is in compliance with subsection (b) and whether Senators and covered congressional employees whose pay is disbursed by the Secretary of the Senate may not be paid under that subsection;
 (ii)determine the period of days following each December 31 that Senators and covered congressional employees whose pay is disbursed by the Secretary of the Senate may not be paid under subsection (b); and
 (iii)provide timely certification of the determinations under clauses (i) and (ii) upon the request of the Secretary of the Senate.
						(2)House of Representatives
 (A)Request for certificationsOn December 31 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the House of Representatives for certification of determinations made under clauses (i) and (ii) of subparagraph (B).
 (B)DeterminationsThe Chairman of the Committee on the Budget and the Chairman of the Committee on Appropriations of the House of Representatives shall—
 (i)on December 31 of each year, make a determination of whether Congress is in compliance with subsection (b) and whether Members of the House of Representatives and covered congressional employees whose pay is disbursed by the Chief Administrative Officer of the House of Representatives may not be paid under that subsection;
 (ii)determine the period of days following each December 31 that Members of the House of Representatives and covered congressional employees whose pay is disbursed by the Chief Administrative Officer of the House of Representatives may not be paid under subsection (b); and
 (iii)provide timely certification of the determinations under clauses (i) and (ii) upon the request of the Chief Administrative Officer of the House of Representatives.
						(3)Office of Management and Budget
 (A)Request for certificationsOn December 31 of each year, the Director of the Office of Management and Budget shall submit a request to the President for certification of determinations made under clauses (i) and (ii) of subparagraph (B).
 (B)DeterminationsThe President shall— (i)on December 31 of each year, make a determination of whether Congress is in compliance with subsection (b) and whether political appointees serving in a position in the Office of Management and Budget may not be paid under that subsection;
 (ii)determine the period of days following each December 31 that political appointees serving in a position in the Office of Management and Budget may not be paid under subsection (b); and
 (iii)provide timely certification of the determinations under clauses (i) and (ii) upon the request of the Director of the Office of Management and Budget.
 (e)Effective dateThis section shall apply to fiscal years beginning after December 31, 2020. 6.Proceeding to consideration of appropriations billsIn the Senate, a motion to proceed to an appropriation bill shall not be debatable.
		7.Modification of consideration of budget resolution
 (a)In generalSection 305(b) of the Congressional Budget Act of 1974 (2 U.S.C. 636(b)) is amended— (1)in paragraph (1)—
 (A)in the first sentence— (i)by striking Debate and inserting the following: In the Senate, consideration of a joint resolution on the budget reported by the Committee on the Budget of the Senate shall begin 48 hours after the joint resolution is reported. Consideration;
 (ii)by inserting of which 4 hours shall be reserved for the Chairman of the Committee on the Budget of the Senate and 4 hours shall be reserved for the Ranking Member of the Committee on the Budget of the Senate, after 50 hours,; and
 (iii)by striking such debate and inserting such consideration; (B)by inserting after 15 hours. the following: Any time elapsed during a yea and nay vote relating to a joint resolution on the budget, including such a vote on any amendment thereto or motion or appeal in connection therewith, shall not be counted in determining the period of debate under this paragraph.; and
 (C)in the last sentence, by striking The time and inserting Except as provided in this paragraph, the time; (2)in paragraph (2)—
 (A)by striking 2 hours and inserting 1 hour; and (B)by striking 1 hour and inserting 30 minutes;
 (3)in paragraph (3)— (A)by inserting (A) before Following; and
 (B)by adding at the end the following:  (B)Following the expiration of the period described in subparagraph (A), there shall be 20 hours of general debate on the joint resolution on the budget, followed by 22 hours of debate with respect to amendments to the resolution, equally divided between the majority leader and the minority leader. Amendments shall be nondivisible. Consideration of amendments to a joint resolution on the budget shall alternate between those offered by members of the majority and those offered by members of the minority.;
 (4)by redesignating paragraph (6) as paragraph (7); and (5)by inserting after paragraph (5) the following:

 (6)After the conclusion of the period for consideration of a joint resolution on the budget, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table or to reconsider and 1 quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote on adoption of the joint resolution on the budget begins..
 (b)Effective dateThe amendments made by this section shall take effect on January 1, 2021.


		I
		111th CONGRESS
		1st Session
		H. R. 2038
		IN THE HOUSE OF REPRESENTATIVES

			April 22, 2009
			Mr. Hodes (for
			 himself, Ms. Giffords, and
			 Mr. Perriello) introduced the
			 following bill; which was referred to the Committee on House
			 Administration

		A BILL
		To amend the Federal Election Campaign Act of 1971 to
		  prohibit an authorized committee of a candidate who is a Member of Congress
		  from accepting contributions from any entity for which the candidate sought a
		  Congressional earmark.

		1.Short TitleThis Act may be cited as the
			 Clean Law for Earmark Accountability
			 Reform Act or the CLEAR Act.
		2.Prohibiting
			 Candidates from Accepting Contributions From Entities for Which Candidates Seek
			 Congressional Earmarks
			(a)Prohibiting
			 Acceptance of ContributionsSection 315 of the Federal Election
			 Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the
			 following new subsection:

					(k)Prohibiting
				Acceptance of Contributions From Entities for Which Candidates Seek
				Congressional Earmarks
						(1)In
				generalAn authorized
				committee of a candidate for election for Federal office who is a Member of
				Congress (including a Delegate or Resident Commissioner to the Congress) may
				not accept any contribution—
							(A)from any entity
				for which the Member sought a Congressional earmark during the election cycle,
				or from any senior executive of such an entity or any person who is registered
				as a lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.)
				for whom the entity was a client for purposes of such Act; or
							(B)if the Member
				sought a Congressional earmark for a corporation during the election cycle,
				from a separate segregated fund established and administered by the corporation
				or labor organization under section 316(b)(2)(C).
							(2)Congressional
				earmark definedIn this subsection, the term Congressional
				earmark means a provision or report language which—
							(A)is included in a
				bill or joint resolution, a committee report to accompany a bill or joint
				resolution, or a conference report to accompany a bill or joint resolution
				(including a joint explanatory statement prepared by the managers of the
				conference) primarily at the request of a Member of Congress; and
							(B)provides,
				authorizes, or recommends a specific amount of discretionary budget authority,
				credit authority, or other spending authority for a contract, loan, loan
				guarantee, grant, loan authority, or other expenditure with or to an entity,
				other than through a statutory or administrative formula-driven or competitive
				award process.
							(3)Election cycle
				definedIn this subsection, the term election cycle
				has the meaning given such term in section 301(25), without regard to the
				second sentence of such section.
						(4)Senior executive
				definedIn this subsection, the term senior
				executive means, with respect to an entity, the President, Chief
				Executive Officer, Chief Operating Officer, or Chief Financial Officer of the
				entity.
						.
			(b)Effective
			 DateThe amendments made by subsection (a) shall apply with
			 respect to contributions made on or after the date of the enactment of this
			 Act.


115 HR 3271 RH: Protecting Access to Diabetes Supplies Act of 2017
U.S. House of Representatives
2017-07-17
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.

		IB
		Union Calendar No. 329
		115th CONGRESS1st Session
		H. R. 3271
		[Report No. 115–447, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			July 17, 2017
			Ms. DeGette (for herself, Mrs. Brooks of Indiana, and Mr. Reed) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		December 6, 2017Additional sponsors: Mr. Guthrie, Mr. Bilirakis, Mr. Rodney Davis of Illinois, Mr. Johnson of Ohio, Mr. Bucshon, Mr. Tipton, Mrs. Walorski, Mr. Costello of Pennsylvania, Mr. Long, and Mr. Roskam
			December 6, 2017
			Reported from the Committee on Energy and Commerce with an amendment
			Strike out all after the enacting clause and insert the part printed in italic

		December 6, 2017The Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printedFor text of introduced bill, see copy of bill as introduced on July 17, 2017

		A BILL
		To amend title XVIII of the Social Security Act in order to strengthen rules in case of competition
			 for diabetic testing strips, and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Access to Diabetes Supplies Act of 2017. 2.Strengthening rules in case of competition for diabetic testing strips (a)Special rule in case of competition for diabetic testing strips (1)In generalParagraph (10) of section 1847(b) of the Social Security Act (42 U.S.C. 1395w–3(b)) is amended—
 (A)in subparagraph (A), by striking the second sentence and inserting the following new sentence: With respect to bids to furnish such types of products on or after January 1, 2019, the volume for such types of products shall be determined by the Secretary through the use of multiple sources of data (from mail order and non-mail order Medicare markets), including market-based data measuring sales of diabetic testing strip products that are not exclusively sold by a single retailer from such markets.; and
 (B)by adding at the end the following new subparagraphs:  (C)Demonstration of ability to furnish types of diabetic testing strip productsWith respect to bids to furnish diabetic testing strip products on or after January 1, 2019, under the program described in subparagraph (A), the Secretary shall reject a bid submitted by an entity if the entity does not attest to the Secretary and demonstrate, through letters of intent with manufacturers, wholesalers, or other suppliers, or other evidence as the Secretary may specify, that the entity has the ability to obtain an inventory of the types and quantities of diabetic testing strip products that will allow the entity to furnish such products in a manner consistent with its bid.
 (D)Use of unlisted types in calculation of percentageWith respect to bids to furnish diabetic testing strip products on or after January 1, 2019, in determining under subparagraph (A) whether a bid submitted by an entity under such subparagraph covers 50 percent (or such higher percentage as the Secretary may specify) of all types of diabetic testing strip products, the Secretary may not attribute a percentage to types of diabetic testing strip products that the Secretary does not identify by brand, model, and market share volume.
							(E)Adherence to demonstration
 (i)In generalIn the case of an entity that is furnishing diabetic testing strip products on or after January 1, 2019, under a contract entered into under the competition conducted pursuant to paragraph (1), the Secretary shall establish a process to monitor, on an ongoing basis, the extent to which such entity continues to cover the product types included in the entity’s bid.
 (ii)TerminationIf the Secretary determines that an entity described in clause (i) fails to maintain in inventory, or otherwise maintain ready access to (through requirements, contracts, or otherwise) a type of product included in the entity’s bid, the Secretary may terminate such contract unless the Secretary finds that the failure of the entity to maintain inventory of, or ready access to, the product is the result of the discontinuation of the product by the product manufacturer, a market-wide shortage of the product, or the introduction of a newer model or version of the product in the market involved..
 (b)Codifying and expanding anti-Switching ruleSection 1847(b) of the Social Security Act (42 U.S.C. 1395w–3(b)), as amended by subsection (a)(1), is further amended—
 (1)by redesignating paragraph (11) as paragraph (12); and (2)by inserting after paragraph (10) the following new paragraph:

						(11)Additional special rules in case of competition for diabetic testing strips
 (A)In generalWith respect to an entity that is furnishing diabetic testing strip products to individuals under a contract entered into under the competitive acquisition program established under this section, the entity shall furnish to each individual a brand of such products that is compatible with the home blood glucose monitor selected by the individual.
 (B)Prohibition on influencing and incentivizingAn entity described in subparagraph (A) may not attempt to influence or incentivize an individual to switch the brand of glucose monitor or diabetic testing strip product selected by the individual, including by—
 (i)persuading, pressuring, or advising the individual to switch; or (ii)furnishing information about alternative brands to the individual where the individual has not requested such information.
								(C)Provision of information
 (i)Standardized informationNot later than January 1, 2019, the Secretary shall develop and make available to entities described in subparagraph (A) standardized information that describes the rights of an individual with respect to such an entity. The information described in the preceding sentence shall include information regarding—
 (I)the requirements established under subparagraphs (A) and (B); (II)the right of the individual to purchase diabetic testing strip products from another mail order supplier of such products or a retail pharmacy if the entity is not able to furnish the brand of such product that is compatible with the home blood glucose monitor selected by the individual; and
 (III)the right of the individual to return diabetic testing strip products furnished to the individual by the entity.
 (ii)RequirementWith respect to diabetic testing strip products furnished on or after the date on which the Secretary develops the standardized information under clause (i), an entity described in subparagraph (A) may not communicate directly to an individual until the entity has verbally provided the individual with such standardized information.
 (D)Order refillsWith respect to diabetic testing strip products furnished on or after January 1, 2019, the Secretary shall require an entity furnishing diabetic testing strip products to an individual to contact and receive a request from the individual for such products not more than 14 days prior to dispensing a refill of such products to the individual..
				(c)Implementation; non-Application of the Paperwork Reduction Act
 (1)ImplementationNotwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, and amendments made by, this section by program instruction or otherwise.
 (2)Non-application of the Paperwork Reduction ActChapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995), shall not apply to this section or the amendments made by this section.   December 6, 2017 Reported from the Committee on Energy and Commerce with an amendmentDecember 6, 2017The Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


115 HRES 57 IH: Supporting the contributions of Catholic schools.
U.S. House of Representatives
2017-01-24
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. 57IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Mr. Lipinski (for himself, Mr. Smith of New Jersey, Mr. Barletta, Mr. Bishop of Michigan, Ms. Bordallo, Mr. Courtney, Mr. Diaz-Balart, Mr. Emmer, Mr. Faso, Mr. Fitzpatrick, Mr. Frelinghuysen, Mr. Gallagher, Mr. Grothman, Mr. Jones, Mr. Joyce of Ohio, Ms. Kaptur, Mr. Kelly of Pennsylvania, Mr. King of New York, Mr. King of Iowa, Mr. LaHood, Mr. Langevin, Mr. Latta, Mr. Luetkemeyer, Mr. Lynch, Mr. Yarmuth, Mr. Mooney of West Virginia, Mr. Pascrell, Ms. Ros-Lehtinen, Mr. Ryan of Ohio, Mr. Sablan, Mr. Serrano, Mr. Sensenbrenner, Mrs. Wagner, Mrs. Dingell, Mr. Tiberi, Mr. Cartwright, and Mr. Soto) submitted the following resolution; which was referred to the Committee on Education and the WorkforceRESOLUTIONSupporting the contributions of Catholic schools.

 Whereas Catholic schools in the United States are internationally acclaimed for their academic excellence, and provide students with more than an exceptional scholastic education;
 Whereas Catholic schools instill a broad, values-added education emphasizing the lifelong development of moral, intellectual, physical, and social values in young people in the United States;
 Whereas Catholic schools provide a high level of service to the Nation by providing a diverse student population from all regions of the country and all socio-economic backgrounds, with 36.4 percent of students from ethnic and racial backgrounds and 17.4 percent non-Catholic, a strong academic and moral foundation;
 Whereas Catholic schools are an affordable option for parents, particularly in underserved urban areas;
 Whereas Catholic schools produce students strongly dedicated to their faith, values, families, and communities by providing an intellectually stimulating environment rich in spiritual, character, and moral development;
 Whereas Catholic schools are committed to community service, producing graduates who hold helping others as one of their core values;
 Whereas the total Catholic school student enrollment for the 2015–2016 academic year is almost 2,000,000 and the student-teacher ratio was 13.1 to 1;
 Whereas Catholic schools educate a diverse population: 20.3 percent racial minorities; 16.1 percent Hispanic/Latino; 17.4 percent non-Catholic;
 Whereas the Catholic high school graduation rate is 99 percent, with 87 percent of graduates attending 4-year colleges;
 Whereas in the 1972 pastoral message concerning Catholic education, the National Conference of Catholic Bishops stated, Education is one of the most important ways by which the Church fulfills its commitment to the dignity of the person and building of community. Community is central to education ministry, both as a necessary condition and an ardently desired goal. The educational efforts of the Church, therefore, must be directed to forming persons-in-community; for the education of the individual Christian is important not only to his solitary destiny, but also the destinies of the many communities in which he lives.;
 Whereas the week of January 29, 2017, to February 4, 2017, has been designated as National Catholic Schools Week by the National Catholic Educational Association and the United States Conference of Catholic Bishops, and February 1, 2017, National Appreciation Day for Catholic Schools;
 Whereas the National Catholic Schools Week was first established in 1974 and has been celebrated annually for the past 43 years;
 Whereas while some Catholic schools are challenged by declining enrollments and school closures, the good news is that there is a strong demand and enthusiasm for Catholic schools;
 Whereas 32 percent of Catholic schools have waiting lists for admission and new schools are opening across the country; and
 Whereas the theme for National Catholic Schools Week 2017 is Catholic Schools: Communities of Faith, Knowledge and Service: Now, therefore, be it

 That the House of Representatives— (1)supports the goals of National Catholic Schools Week, an event cosponsored by the National Catholic Educational Association and the United States Conference of Catholic Bishops and established to recognize the vital contributions of the thousands of Catholic elementary and secondary schools in the United States;
 (2)applauds the National Catholic Educational Association and the United States Conference of Catholic Bishops on their selection of a theme that all can celebrate; and
 (3)supports the continued dedication of Catholic schools, students, parents, and teachers across the United States toward academic excellence, and supports the key role they play in promoting and ensuring a brighter, stronger future for the Nation.


117 HR 2620 IH: Investor Choice Act of 2021
U.S. House of Representatives
2021-04-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2620IN THE HOUSE OF REPRESENTATIVESApril 16, 2021Mr. Foster (for himself, Mrs. Carolyn B. Maloney of New York, Mr. Meeks, Mr. Casten, Ms. Velázquez, Mr. García of Illinois, Ms. Schakowsky, and Ms. Dean) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration agreements, and for other purposes.1.Short titleThis Act may be cited as the Investor Choice Act of 2021.2.FindingsCongress finds the following:(1)Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets.(2)Issuers, brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive the right of investors to participate in a class action lawsuit, leverage those advantages to severely restrict the ability of defrauded investors to seek redress.(3)Investors should be free to—(A)choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes; and(B)pursue remedies in court should they view that option as superior to arbitration.3.Arbitration agreements in the Securities Exchange Act of 1934(a)In generalThe Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended—(1)in section 6(b) (15 U.S.C. 78f(b)), by adding at the end the following:(11)The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code.; and(2)in section 15 (15 U.S.C. 78o), by amending subsection (o) to read as follows:(o)Limitations on pre-Dispute agreementsNotwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of that entity with respect to a future dispute between the parties that—(1)mandates arbitration for that dispute;(2)restricts, limits, or conditions the ability of a customer or client of that entity to select or designate a forum for resolution of that dispute; or(3)restricts, limits, or conditions the ability of a customer or client of that entity to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis..(b)Application to existing agreements(1)In generalWith respect to an agreement described in section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void.(2)Ongoing arbitrationA provision of an agreement prohibited by section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act.4.Arbitration agreements in the Securities Act of 1933Section 6 of the Securities Act of 1933 (15 U.S.C. 77f) is amended by adding at the end the following:(f)Limitation on arbitration requirementsA security may not be registered with the Commission if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code..5.Arbitration agreements in the Investment Advisers Act of 1940(a)In generalSection 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(f)) is amended to read as follows:(f)Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that—(1)mandates arbitration for that dispute;(2)restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or(3)restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis..(b)Application to existing agreements(1)In generalWith respect to an agreement described in section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(f)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision prohibited by such section 205(f), as amended by subsection (a) of this section, is void.(2)Ongoing arbitrationA provision of an agreement prohibited by section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(f)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act.6.ApplicationExcept as otherwise stated, the amendments made by this Act shall apply with respect to any agreement entered into, modified, or extended after the date of enactment of this Act.


113 HR 2777 IH: Stop Pay for Violent Offenders Act
U.S. House of Representatives
2013-07-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2777
		IN THE HOUSE OF REPRESENTATIVES

			July 22, 2013
			Mr. Griffin of
			 Arkansas (for himself and Mr.
			 Wolf) introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to authorize the
		  Secretaries of the military departments to suspend the pay and allowances of a
		  member of the Armed Forces who is held in confinement pending trial by
		  court-martial or by civil authority for any sex-related offense or capital
		  offense.

		1.Short titleThis Act may be cited as the
			 Stop Pay for Violent Offenders
			 Act.
		2.Suspension of the
			 pay and allowances of a member of the Armed Forces in confinement pending trial
			 for any sex-related offense or capital offenseSection 813 of title 10, United States Code
			 (article 13 of the Uniform Code of Military Justice) is amended—
			(1)by striking
			 No person and inserting (1) Except as provided in
			 subsection (b), no person; and
			(2)by adding at the
			 end the following new subsection:

					(b)(1)Under regulations prescribed by the
				Secretary of Defense, the Secretary of a military department shall suspend all
				or a portion of the pay and allowances of a member of the armed forces under
				the jurisdiction of the Secretary who is being held in confinement pending
				trial by court-martial or by civil authority for any sex-related offense or
				capital offense. The requirement to suspend the pay and allowances of certain
				members under this subsection is consistent with the authority to suspend
				civilian employees of the Department of Defense without pay under subchapter II
				of chapter 75 of title 5.
						(2)A member whose pay and allowances are
				suspended under paragraph (1) is entitled to—
							(A)written notice of the suspension
				stating the specific reasons for the suspension;
							(B)a reasonable time, but not less than
				seven days, to request a waiver of the suspension and to furnish affidavits and
				other documentary evidence in support of the waiver;
							(C)be represented by an attorney or other
				representative in making such waiver request; and
							(D)a
				written response by the Secretary of the military department concerned to the
				waiver request, and if denied, the specific reasons for the denial.
							(3)The Secretary of the military
				department concerned may provide for a hearing as part of consideration of a
				waiver request under paragraph (2).
						(4)If a member whose pay and allowances is
				suspended under this subsection is acquitted of the charges for which the pay
				and allowances were suspended or the sentence is disapproved, commuted, or
				suspended, the Secretary of the military department concerned shall pay the
				member the full amount of pay and allowances withheld. Otherwise, the withheld
				amounts shall be paid to the victim or, if multiple victims, to the victims of
				the crime in an equitable manner.
						(5)In this subsection, the term
				sex-related offense means—
							(A)a sexual assault or other offense
				covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a,
				120b, or 120c of the Uniform Code of Military Justice), or an attempt to commit
				such an offense; or
							(B)a comparable offense punishable under
				other Federal or State
				law.
							.


		II
		111th CONGRESS
		1st Session
		S. 1845
		IN THE SENATE OF THE UNITED STATES

			October 22, 2009
			Mr. Nelson of Nebraska
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the suspension of duty on Avermectin
		  B.

		1.Avermectin B
			(a)In
			 generalHeading 9902.12.56 of the Harmonized Tariff Schedule of
			 the United States (relating to Avermectin B) is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 3287
		IN THE SENATE OF THE UNITED STATES

			June 12, 2012
			Mr. Paul introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To protect individual privacy against unwarranted
		  governmental intrusion through the use of the unmanned aerial vehicles commonly
		  called drones, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Preserving Freedom from
			 Unwarranted Surveillance Act of 2012.
		2.DefinitionsIn this Act—
			(1)the term drone means any
			 powered, aerial vehicle that—
				(A)does not carry a human operator;
				(B)uses aerodynamic forces to provide vehicle
			 lift;
				(C)can fly autonomously or be piloted
			 remotely;
				(D)can be expendable or recoverable;
			 and
				(E)can carry a lethal or nonlethal payload;
			 and
				(2)the term law enforcement party
			 means a person or entity authorized by law, or funded by the Government of the
			 United States, to investigate or prosecute offenses against the United
			 States.
			3.Prohibited use
			 of dronesExcept as provided
			 in section 4, a person or entity acting under the authority, or funded in whole
			 or in part by, the Government of the United States shall not use a drone to
			 gather evidence or other information pertaining to criminal conduct or conduct
			 in violation of a statute or regulation except to the extent authorized in a
			 warrant that satisfies the requirements of the Fourth Amendment to the
			 Constitution of the United States.
		4.ExceptionsThis Act does not prohibit any of the
			 following:
			(1)Patrol of
			 bordersThe use of a drone to patrol national borders to prevent
			 or deter illegal entry of any persons or illegal substances.
			(2)Exigent
			 circumstancesThe use of a drone by a law enforcement party when
			 exigent circumstances exist. For the purposes of this paragraph, exigent
			 circumstances exist when the law enforcement party possesses reasonable
			 suspicion that under particular circumstances, swift action to prevent imminent
			 danger to life is necessary.
			(3)High
			 riskThe use of a drone to counter a high risk of a terrorist
			 attack by a specific individual or organization, when the Secretary of Homeland
			 Security determines credible intelligence indicates there is such a
			 risk.
			5.Remedies for
			 violationAny aggrieved party
			 may in a civil action obtain all appropriate relief to prevent or remedy a
			 violation of this Act.
		6.Prohibition on
			 use of evidenceNo evidence
			 obtained or collected in violation of this Act may be admissible as evidence in
			 a criminal prosecution in any court of law in the United States.