116 HR 2188 IH: Department of Education Accountability and Whistleblower Protection Act
U.S. House of Representatives
2019-04-09
text/xml
EN
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I116th CONGRESS1st SessionH. R. 2188IN THE HOUSE OF REPRESENTATIVESApril 9, 2019Mr. Rooney of Florida (for himself and Mr. Smucker) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide accountability and protect whistleblowers in the Department of Education.

 1.Short titleThis Act may be cited as the Department of Education Accountability and Whistleblower Protection Act. 2.DefinitionsIn this Act:
 (1)The term Department means the Department of Education. (2)The term Deputy Secretary means the Deputy Secretary of Education.
 (3)The term Office means the Office of Management of the Department of Education. (4)The term Secretary means the Secretary of Education.
 (5)The term senior executive position at the Department means an individual appointed under section 401(d) of the Department of Education Organization Act (20 U.S.C. 3461).
 (6)The term supervisory employee means an employee of the Department who is a supervisor as defined in section 7103(a)(10) of title 5, United States Code.
 (7)The term whistleblower means one who makes a whistleblower disclosure. (8)The term whistleblower disclosure means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences—
 (A)a violation of a law, rule, or regulation; or (B)gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
				3.Office of Management
			(a)Functions
 (1)In addition to any other functions, the functions of the Office are as follows: (A)Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust at the Department.
 (B)Issuing reports and providing recommendations related to the duties described in subparagraph (A). (C)Receiving whistleblower disclosures.
 (D)Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of Inspector General, or other investigative entity, as appropriate, if the Deputy Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, or an abuse of authority.
 (E)Receiving and referring disclosures from the Special Counsel for the Inspector General of the Department, or such other person with investigatory authority, as the Deputy Secretary considers appropriate.
 (F)Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations.
 (G)Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph.
 (H)Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—
 (i)an individual in a senior executive position at the Department; (ii)an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position at the Department; or
 (iii)a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure.
 (I)Making such recommendations to the Secretary for disciplinary action as the Deputy Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H).
 (2)In carrying out the functions of the Office, the Deputy Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures.
 (3)In any case in which the Deputy Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Deputy Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable provision of Federal law.
 (b)Staff and resourcesThe Secretary shall ensure that the Deputy Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office.
 (c)Relation to Office of General CounselThe Office shall not be an element of the Office of the General Counsel and the Deputy Secretary may not report to the General Counsel.
			(d)Reports
				(1)
 (A)Not later than June 30 of each calendar year, beginning with June 30, 2020, the Deputy Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted.
 (B)Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following:
 (i)A full and substantive analysis of the activities of the Office, including such statistical information as the Deputy Secretary considers appropriate.
 (ii)Identification of any issues reported to the Secretary under subsection (b)(1)(G), including such data as the Deputy Secretary considers relevant to such issues and any trends the Deputy Secretary may have identified with respect to such issues.
 (iii)Identification of such concerns as the Deputy Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Deputy Secretary may have for legislative or administrative action to address such concerns.
 (iv)Such recommendations as the Deputy Secretary may have for legislative or administrative action to improve—
 (I)the process by which concerns are reported to the Office; and (II)the protection of whistleblowers within the Department.
 (v)Such other matters as the Deputy Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office.
 (2)If the Secretary receives a recommendation for disciplinary action under subsection (b)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a detailed justification for not taking or initiating such disciplinary action.
				4.Protection of whistleblowers as criteria in evaluation of supervisors
 (a)Development and use of criteria requiredThe Secretary, in consultation with the Office of the Principal Deputy Secretary, shall develop criteria that—
 (1)the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and
 (2)promotes the protection of whistleblowers. (b)Principles for protection of whistleblowersThe criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities.
			5.Training regarding whistleblower disclosures
 (a)TrainingNot less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall provide to each employee of the Department training regarding whistleblower disclosures, including—
 (1)an explanation of each method established by law in which an employee may file a whistleblower disclosure;
 (2)the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with section 7211 of title 5, United States Code;
 (3)an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under section 552a of title 5, United States Code (commonly referred to as the Privacy Act);
 (4)an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and
 (5)the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41, United States Code.
 (b)Manner training is providedThe Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person.
 (c)CertificationNot less frequently than once every two years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.
 (d)PublicationThe Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a).
			6.Senior executives: removal, demotion, or suspension based on performance or misconduct
			(a)Authority
 (1)The Secretary of Education, in consultation with the Office of Management, may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.
 (2)If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in section 2101(1) of title 5, United States Code).
				(b)Rights and procedures
 (1)A covered individual who is the subject of an action under subsection (a) is entitled to— (A)advance notice of the action and a file containing all evidence in support of the proposed action;
 (B)be represented by an attorney or other representative of the covered individual’s choice; and (C)grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Office of Management, shall establish for purposes of this subsection.
					(2)
 (A)The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
 (B)The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
 (C)A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
 (3)The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.
 (4)A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.
 (5)A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.
 (6)In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be—
 (A)arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;
 (B)obtained without procedures required by a provision of law having been followed; or (C)unsupported by substantial evidence.
 (c)Relation to other provisions of lawSection 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title do not apply to an action under subsection (a).
 (d)DefinitionsIn this section— (1)the term covered individual means—
 (A)a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code); or
 (B)any individual who occupies an administrative or executive position and who was appointed under title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.); and
 (2)the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
				7.Employees: removal, demotion, or suspension based on performance or misconduct
			(a)In general
 (1)The Secretary, in consultation with the Office of Management, may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension.
 (2)If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may— (A)remove the covered individual from the civil service (as defined in section 2101(1) of title 5, United States Code);
 (B)demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or
 (C)suspend the covered individual. (b)Pay of certain demoted individuals (1)Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.
				(2)
 (A)A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.
 (B)If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).
					(c)Procedure
				(1)
 (A)The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section may not exceed 15 business days.
 (B)The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days.
 (C)Paragraph (3) of subsection (b) of section 7513 of title 5, United States Code, shall apply with respect to a removal, demotion, or suspension under this section.
 (D)The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.
 (2)The Secretary shall issue a final decision with respect to a removal, demotion, or suspension under this section not later than 15 business days after the Secretary provides notice, including a file containing all the evidence in support of the proposed action, to the covered individual of the removal, demotion, or suspension. The decision shall be in writing and shall include the specific reasons therefor.
 (3)The procedures under chapter 43 of title 5, United States Code, shall not apply to a removal, demotion, or suspension under this section.
				(4)
 (A)Subject to subparagraph (B) and subsection (d), any removal or demotion under this section, and any suspension of more than 14 days under this section, may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5, United States Code.
 (B)An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than 10 business days after the date of such removal, demotion, or suspension.
					(d)Expedited review
 (1)Upon receipt of an appeal under subsection (c)(4)(A), the administrative judge shall expedite any such appeal under section 7701(b)(1) of title 5, United States Code, and, in any such case, shall issue a final and complete decision not later than 180 days after the date of the appeal.
				(2)
 (A)Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the administrative judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.
 (B)Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary.
					(3)
 (A)The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board.
 (B)Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.
 (C)Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary.
 (4)In any case in which the administrative judge cannot issue a decision in accordance with the 180-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later than 14 business days after the expiration of the 180-day period, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement.
 (5)A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of title 5, United States Code, or to any court of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of such section.
 (6)The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in section 1214(b) of title 5, United States Code.
 (7)During the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection (c) and ending on the date that the United States Court of Appeals for the Federal Circuit issues a final decision on such appeal, such covered individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the Department.
 (8)To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited.
 (9)If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in section 5596 of title 5, United States Code).
 (10)If an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply.
				(e)Whistleblower protection
 (1)In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, United States Code, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of such title.
 (2)In the case of a covered individual who has made a whistleblower disclosure to the Office of Management of the Department of Education, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) until—
 (A)in the case in which the Deputy Secretary determines to refer the whistleblower disclosure under section 3(a)(1)(D) to an office or other investigative entity, a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity; or
 (B)in the case in which the Deputy Secretary determines not to the refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination.
					(f)Termination of investigations by Office of Special Counsel
 (1)Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5, United States Code) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation.
 (2)Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee.
 (g)VacanciesIn the case of a covered individual who is removed or demoted under subsection (a), to the maximum extent feasible, the Secretary shall fill the vacancy arising as a result of such removal or demotion.
 (h)DefinitionsIn this section— (1)the term covered individual means an individual occupying a position at the Department, but does not include—
 (A)an individual occupying a senior executive position at the Department; (B)an individual appointed under title II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.);
 (C)an individual who has not completed a probationary or trial period; or (D)a political appointee;
 (2)the term suspend means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days;
 (3)the term grade has the meaning given such term in section 7511(a) of title 5, United States Code; (4)the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function; and
 (5)the term political appointee means an individual who is— (A)employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);
 (B)a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or
 (C)employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.
					8.Reduction of benefits of employees convicted of certain crimes
			(a)Reduction of annuity for removed employee
 (1)The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under any provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, United States Code, if—
 (A)the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position;
 (B)before such order is made, the individual is afforded— (i)notice of the proposed order; and
 (ii)an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
 (C)the Secretary issues the order— (i)in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
 (ii)in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).
 (2)Any individual with respect to whom an annuity is reduced under this subsection may appeal the reduction to the Director of the Office of Personnel Management pursuant to such regulations as the Director may prescribe for purposes of this subsection.
				(b)Reduction of annuity for retired employee
 (1)The Secretary may order that the covered service of an individual who the Secretary proposes to remove for performance or misconduct under any provision of law but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, United States Code, if—
 (A)the Secretary determines that individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position;
 (B)before such order is made, the individual is afforded— (i)notice of the proposed order; and
 (ii)an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
 (C)the Secretary issues the order— (i)in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
 (ii)in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).
 (2)Upon the issuance of an order by the Secretary under paragraph (1), the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
 (3)The Director of the Office of Personnel Management shall make a final decision with respect to an appeal under paragraph (2) within 30 business days of receiving the appeal.
 (c)Administrative requirementsNot later than 37 business days after the Secretary issues a final order under subsection (a) or (b) with respect to an individual, the Director of the Office of Personnel Management shall recalculate the annuity of the individual.
 (d)Lump-Sum Annuity CreditAny individual with respect to whom an annuity is reduced under subsection (a) or (b) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to the period of covered service.
			(e)Spouse or children exception
 (1)The Secretary, in consultation with the Director of the Office of Personnel Management, shall prescribe regulations that may provide for the payment to the spouse or children of any individual referred to in subsection (a) or (b) of any amounts which (but for this subsection) would otherwise have been nonpayable by reason of such subsections.
 (2)Regulations prescribed under paragraph (1) shall be consistent with the requirements of sections 8332(o)(5) and 8411(l)(5) of title 5, United States Code, as the case may be.
 (f)DefinitionsIn this section— (1)the term covered service means, with respect to an individual subject to a removal for performance or misconduct under section 4 or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action;
 (2)the term lump-sum credit has the meaning given such term in section 8331(8) or section 8401(19) of title 5, United States Code, as the case may be; and
 (3)the term service has the meaning given such term in section 8331(12) or section 8401(26) of title 5, United States Code, as the case may be.
				9.Recoupment of bonuses or awards paid to employees of Department
 (a)In generalNotwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, United States Code, including under chapter 45 or 53 of such title, section 141(d)(5)(B) of the Higher Education Act of 1965 (20 U.S.C. 1018(d)(5)(B)), or another provision of Federal law, if—
 (1)the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment;
 (2)before such repayment, the employee is afforded— (A)notice of the proposed order; and
 (B)an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and
 (3)the Secretary issues the order— (A)in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
 (B)in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
					(b)Appeal of order of Secretary
 (1)Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
 (2)The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.
 (c)Effective dateThis section shall apply with respect to an award or bonus paid by the Secretary to an employee of the Department on or after the date of the enactment of this Act.
			10.Adverse actions against supervisory employees who commit prohibited personnel actions relating to
			 whistleblower complaints
			(a)In general
 (1)In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees (as defined in section 7103(a) of title 5, United States Code) whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):
 (A)With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.
 (B)With respect to the second offense, removal. (2) (A)An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.
					(B)
 (i)An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer.
 (ii)If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period.
 (C)Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5, United States Code, subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1).
 (b)Limitation on other adverse actionsWith respect to a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, the Secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a).
 (c)Prohibited personnel action describedA prohibited personnel action described in this subsection is any of the following actions: (1)Taking or failing to take a personnel action in violation of section 2302 of title 5, United States Code, against an employee relating to the employee—
 (A)making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;
 (B)providing information or participating as a witness in an investigation of a whistleblower disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;
 (C)participating in an audit or investigation by the Comptroller General of the United States; (D)refusing to perform an action that is unlawful or prohibited by the Department; or
 (E)engaging in communications that are related to the duties of the position or are otherwise protected.
 (2)Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (E) of paragraph (1).
 (3)Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by section 2302 of title 5, United States Code.
 (4)Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be.
				11.Recoupment of relocation expenses paid on behalf of employees of Department
 (a)In generalNotwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee under title 5, United States Code, for relocation expenses, including any expenses under section 5724 or 5724a of such title, if—
 (1)the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;
 (2)before such repayment, the employee is afforded— (A)notice of the proposed order; and
 (B)an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and
 (3)the Secretary issues the order— (A)in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
 (B)in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
					(b)Appeal of order of Secretary
 (1)Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
 (2)The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.
 (c)Effective dateThis section shall apply with respect to an amount paid by the Secretary to or on behalf of an employee of the Department for relocation expenses on or after the date of the enactment of this Act.
 (d)ConstructionNothing in this Act or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department.
			12.Improvement of training for supervisors
 (a)In generalThe Secretary of Education shall provide to each employee of the Department of Education who is employed as a supervisor periodic training on the following:
 (1)The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment.
 (2)How to effectively motivate, manage, and reward the employees who report to the supervisor. (3)How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees.
 (b)DefinitionsIn this section, the term supervisor has the meaning given such term in section 7103(a) of title 5, United States Code. 13.Assessment and report on effect on senior executives at Department of Education (a)In generalNot later than two years after the date of the enactment of this Act, the Secretary of Education, in consultation with the Office of Management, shall—
 (1)measure and assess the effect of the enactment of this Act on the morale, engagement, hiring, promotion, retention, discipline, and productivity of individuals in senior executive positions at the Department; and
 (2)submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on the findings of the Secretary with respect to the measurement and assessment carried out under paragraph (1).
 (b)ElementsThe assessment required by subsection (a)(1) shall include the following: (1)With respect to engagement, trends in morale of individuals in senior executive positions at the Department and individuals aspiring to senior executive positions.
 (2)With respect to promotions— (A)whether the Department is experiencing an increase or decrease in the number of employees participating in leadership development and candidate development programs with the intention of becoming candidates for senior executive positions at the Department; and
 (B)trends in applications to senior executive positions at the Department. (3)With respect to retention—
 (A)trends in retirement rates of individuals in senior executive positions at the Department; (B)trends in quit rates of individuals in senior executive positions at the Department;
 (C)rates of transfer of— (i)individuals from other Federal agencies into senior executive positions at the Department; and
 (ii)individuals from senior executive positions at the Department to other Federal agencies; and (D)trends in total loss rates by job function.
 (4)With respect to disciplinary processes— (A)regarding individuals in senior executive positions at the Department who are the subject of disciplinary action—
 (i)the length of the disciplinary process in days for such individuals both before the date of the enactment of this Act and under the provisions of this Act described in subsection (a)(1); and
 (ii)the extent to which appeals by such individuals are upheld under such provisions as compared to before the date of the enactment of this Act;
 (B)the components or offices of the Department which experience the greatest number of proposed adverse actions against individuals in senior executive positions at the Department and components and offices which experience the least relative to the size of the components or offices’ total number of senior executive positions at the Department;
 (C)the tenure of individuals in senior executive positions at the Department who are the subject of disciplinary action;
 (D)whether the individuals in senior executive positions at the Department who are the subject of disciplinary action have previously been disciplined; and
 (E)the number of instances of disciplinary action taken by the Secretary against individuals in senior executive positions at the Department as compared to governmentwide discipline against individuals in Senior Executive Service positions (as defined in section 3132(a) of title 5, United States Code) as a percentage of the total number of individuals in senior executive positions at the Department and Senior Executive Service positions (as so defined).
 (5)With respect to hiring— (A)the degree to which the skills of newly hired individuals in senior executive positions at the Department are appropriate with respect to the needs of the Department;
 (B)the types of senior executive positions at the Department most commonly filled under the authorities in the provisions described in subsection (a)(1);
 (C)the number of senior executive positions at the Department filled by hires outside of the Department compared to hires from within the Department;
 (D)the length of time to fill a senior executive position at the Department and for a new hire to begin working in a new senior executive position;
 (E)the mission-critical deficiencies filled by newly hired individuals in senior executive positions at the Department and the connection between mission-critical deficiencies filled under the provisions described in subsection (a) and annual performance of the Department;
 (F)the satisfaction of applicants for senior executive positions at the Department with the hiring process, including the clarity of job announcements, reasons for withdrawal of applications, communication regarding status of applications, and timeliness of hiring decision; and
 (G)the satisfaction of newly hired individuals in senior executive positions at the Department with the hiring process and the process of joining and becoming oriented with the Department.
					14.Measurement of Department of Education disciplinary process outcomes and effectiveness
			(a)Measuring and collecting
 (1)In generalThe Secretary of Education, in consultation with the Office of Management, shall measure and collect information on the outcomes of disciplinary actions carried out by the Department of Education during the three-year period ending on the date of the enactment of this Act and the effectiveness of such actions.
 (2)ElementsIn measuring and collecting pursuant to paragraph (1), the Secretary shall measure and collect information regarding the following:
 (A)The average time from the initiation of an adverse action against an employee at the Department to the final resolution of that action.
 (B)The number of distinct steps and levels of review within the Department involved in the disciplinary process and the average length of time required to complete these steps.
 (C)The rate of use of alternate disciplinary procedures compared to traditional disciplinary procedures and the frequency with which employees who are subject to alternative disciplinary procedures commit additional offenses.
 (D)The number of appeals from adverse actions filed against employees of the Department, the number of appeals upheld, and the reasons for which the appeals were upheld.
 (E)The use of paid administrative leave during the disciplinary process and the length of such leave. (b)Report (1)In generalNot later than December 31, 2019, the Secretary shall submit to the appropriate committees of Congress a report on the disciplinary procedures and actions of the Department.
 (2)ContentsThe report submitted under paragraph (1) shall include the following: (A)The information collected under subsection (a).
 (B)The findings of the Secretary with respect to the measurement and collection carried out under subsection (a).
 (C)An analysis of the disciplinary procedures and actions of the Department. (D)Suggestions for improving the disciplinary procedures and actions of the Department.
 (E)Such other matters as the Secretary considers appropriate. (3)Appropriate committees of CongressIn this subsection, the term appropriate committees of Congress means—
 (A)the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate; and
 (B)the Committee on Appropriations and the Committee on Education and Labor of the House of Representatives.


109 HR 3485 IH: To suspend temporarily the duty on certain work footwear.
U.S. House of Representatives
2005-07-27
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
109th CONGRESS
1st Session
H. R. 3485
IN THE HOUSE OF REPRESENTATIVES

July 27, 2005
Mr. Ryun of Kansas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain work footwear.

1.Certain work footwear
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.64.12Welt footwear with outer soles of rubber, plastics, leather, or composition leather and uppers of pigskin, incorporating a protective metal toe-cap (provided for in subheading 6403.40.30)FreeNo changeNo changeOn or before 12/31/2009.
(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.


117 S2343 IS: Chai Suthammanont Remembrance Act of 2021
U.S. Senate
2021-07-14
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.

II117th CONGRESS1st SessionS. 2343IN THE SENATE OF THE UNITED STATESJuly 14, 2021Mr. Warner (for himself, Mr. Kaine, Mr. Cardin, Mr. Van Hollen, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo require the head of each agency to establish a safety plan relating to COVID–19 for any worksite at which employees or contractors are required to be physically present during the COVID–19 pandemic, and for other purposes.1.Short titleThis Act may be cited as the Chai Suthammanont Remembrance Act of 2021.2.Worksite safety for Federal employees and contractors(a)DefinitionsIn this section:(1)AgencyThe term agency has the meaning given the term in section 551 of title 5, United States Code.(2)Covered periodThe term covered period means the period beginning on the date of enactment of this Act and ending on the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247) as a result of the COVID–19 pandemic, or any renewal thereof, terminates.(3)Covered worksiteThe term covered worksite means a worksite at which an employee of an agency or a contractor of an agency (or subcontractor thereof at any tier) is required to be present during the covered period. (4)WorksiteThe term worksite—(A)in the case of an employee of the agency—(i)means the location of the position of record of the employee where the employee regularly performs the duties of the employee; and(ii)does not include any location where the employee teleworks (as defined in section 6501 of title 5, United States Code); and (B)in the case of a contractor of the agency (or subcontractor thereof at any tier), means the location in a facility of the agency where the contractor or subcontractor performs the duties of the contractor or subcontractor under a contract with the agency, or a subcontract thereof at any tier, as applicable. (b)Issuance of policies and procedures by agenciesNot later than 60 days after the date of enactment of this Act, the head of each agency, in consultation with the Chief Human Capital Officer of the agency and the Assistant Director of Administration of the agency (or any individual holding an equivalent position) shall—(1)establish, and publish on the website of the agency, a safety plan containing procedures and policies for—(A)covered worksites; and(B)being present at a covered worksite; and(2)communicate the plan established under paragraph (1) to each employee of the agency and contractor of the agency (and any subcontractor thereof at any tier) in such a manner as to ensure that each employee and contractor acknowledges receipt and understanding of the plan.(c)PlanThe safety plan required under subsection (b)(1) shall include the following:(1)A description of the efforts of the agency with respect to mitigating the spread of COVID–19 at covered worksites, including the following: (A)A description of any personal protective equipment that the agency provides or will provide to any employee of the agency and contractor of the agency (and any subcontractor thereof at any tier) physically present at a covered worksite. (B)A description of any procedures established by the agency for—(i)testing employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) required to be present at a covered worksite; (ii)contact-tracing at covered worksites, including procedures by which employees and contractors (and any subcontractor thereof at any tier) required to be present at a covered worksites will be notified of a potential exposure to an individual who is diagnosed with COVID–19; and(iii)administering the COVID–19 vaccine to employees of the agency.(2)Guidance on—(A)any cleaning protocols to be implemented at covered worksites;(B)occupancy limits for covered worksites; and (C)the use of appropriate face coverings by employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) while physically present at a covered worksite.(3)A description of the actions that the agency is or will be taking to protect employees of the agency who conduct activities in an official capacity while not physically present at a covered worksite from exposure to COVID–19, including employees of the agency—(A)who are required to travel in an official capacity; or(B)perform audits or inspections. (4)A description of any requirements that members of the public are required to meet in order to enter a facility in which covered worksites are located.(5)A description of any alternative option to being physically present at a covered worksite that are available for employees who—(A)have a high risk of contracting COVID–19 (as determined by the Director of the Centers for Disease Control and Prevention); or (B)live in a household with individuals that have a high risk of contracting COVID–19 (as determined by the Director of the Centers for Disease Control and Prevention).(6)A description of any rule or protocol regarding whether employees of the agency required to be physically present at covered worksites are—(A)required to be fully vaccinated before being present at covered worksites; or(B)allowed to take leave—(i)to get a dose of the COVID–19 vaccine; or(ii)upon experiencing severe side-effects as a result of receiving any dose of the COVID–19 vaccine.(7)Protocols that ensure the continuity of operations, including a plan to reverse any requirement for an employee or contractor (or subcontractor thereof at any tier) to be present at a facility in which covered worksites are located if there is a surge in COVID–19 cases in the geographic area of the facility.(8)The hotline website and hotline telephone number of the inspector general of the agency for employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) to report to the inspector general any instance in which the agency is not implementing the plan required under subsection (b)(1). (d)Delayed applicability for certain worksitesFor any worksite that the head of the agency has temporarily closed due to COVID–19, the requirements of subsection (b) shall be carried out not later than 30 days before any employee of the agency or contractor of any agency (or any subcontractor thereof at any tier) is required to be physically present at such worksite.(e)Inspectors general reportsNot later than 6 months after the date of enactment of this Act, the inspector general of each agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on whether the agency—(1)has published and communicated the public safety plan required under subsection (b)(1) in accordance with that subsection; and(2)implemented the plan described in paragraph (1).(f)ApplicationNothing in this Act shall be construed to alter or otherwise limit the rights and obligations afforded under chapter 71 of title 5, United States Code.


116 HR 8144 IH: VA Mental Health Staffing Act
U.S. House of Representatives
2020-09-01
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
116th CONGRESS2d Session
H. R. 8144
IN THE HOUSE OF REPRESENTATIVES

September 1, 2020
Mrs. Hayes (for herself, Mr. Steube, Mr. Ryan, Mr. Morelle, Mr. Bishop of Georgia, Mr. Rush, Mr. Cleaver, Ms. Fudge, Mr. Rouda, Mr. Carson of Indiana, Ms. Wild, Mr. O'Halleran, Mr. Himes, Ms. Lee of California, Mr. Soto, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL
To direct the Secretary of Veterans Affairs to submit to Congress a plan to address staffing of mental health providers of the Department of Veterans Affairs, and for other purposes.

1.Short titleThis Act may be cited as the VA Mental Health Staffing Act.   2.Staffing improvement plan for mental health providers of Department of Veterans Affairs (a)In generalNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Inspector General of the Department of Veterans Affairs, shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to address staffing of mental health providers of the Department of Veterans Affairs, including filling any open positions.
(b)ElementsThe plan required by subsection (a) shall include the following: (1)An estimate of the number of positions for mental health providers of the Department that need to be filled to meet demand.
(2)An identification of the steps that the Secretary will take to address mental health staffing for the Department. (3)A description of any region-specific hiring incentives to be used by the Secretary in consultation with the directors of Veterans Integrated Service Networks and medical centers of the Department.
(4)A description of any local retention or engagement incentives to be used by directors of Veterans Integrated Service Networks. (5)Such recommendations for legislative or administrative action as the Secretary considers necessary to aid in addressing mental health staffing for the Department.
(c)ReportNot later than one year after the submittal of the plan required by subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the number of mental health providers hired by the Department during the one-year period preceding the submittal of the report.


		I
		112th CONGRESS
		2d Session
		H. R. 3849
		IN THE HOUSE OF REPRESENTATIVES

			January 31, 2012
			Mr. Fincher (for
			 himself, Mr. Donnelly of Indiana, and
			 Mr. Gary G. Miller of California)
			 introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the S.A.F.E. Mortgage Licensing Act of 2008 to
		  provide an exception from the definition of loan originator for certain loans
		  made with respect to manufactured homes, to amend the Truth in Lending Act to
		  modify the definition of a high-cost mortgage, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Preserving Access to Manufactured Housing
			 Act.
		2.Modifications to
			 definitions
			(a)Loan originator
			 definitionSection 1503(4) of
			 the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102(4)) is
			 amended—
				(1)in subparagraph
			 (A)—
					(A)in clause (iii),
			 by striking and at the end;
					(B)in clause (iv), by
			 striking the period and inserting ; and; and
					(C)by adding at the
			 end the following new clause:

							(v)does not include an individual or entity
				that is a seller of manufactured homes unless such individual or entity is
				engaged in the business of a loan originator or receives compensation or gain
				for engaging in activities described under clause (i) that is in excess of any
				compensation or gain received in a comparable cash
				transaction.
							;
				and
					(2)by adding at the end the following:

						(E)Engaged in the
				business of a loan originatorFor purposes of this paragraph, the term
				engaged in the business of a loan originator means to perform
				loan originator activities described under subparagraph (A)(i) as a regular
				course of trade or business in exchange for compensation or gain paid solely
				for engaging in the sale or distribution of residential mortgage
				loans.
						.
				(b)High-Cost
			 mortgage definitionSection
			 103(bb)(1)(A)(i) of the Truth in Lending Act (15 U.S.C. 1602(bb)(1)(A)(i)), as
			 added by section 1431 of the Dodd-Frank Wall Street Reform and Consumer
			 Protection Act, is amended—
				(1)in subclause
			 (I)—
					(A)by striking (8.5 percentage points,
			 if the dwelling is personal property and the transaction is for less than
			 $50,000); and
					(B)by striking
			 or at the end;
					(2)in subclause (II),
			 by adding or at the end; and
				(3)by adding at the
			 end the following:

						(III)by a first mortgage on a consumer’s
				principal dwelling that is considered personal property (or is a consumer
				credit transaction that does not include the purchase of real property on which
				a dwelling is to be placed), the annual percentage rate at consummation of the
				transaction will exceed the average prime offer rate, as defined in section
				129C(b)(2)(B), for a comparable transaction, by more than—
							(aa)8.5
				percentage points, in the case of a transaction in an amount of $50,000 or
				more, but less than $75,000 (as such amounts are adjusted by the Bureau to
				reflect the change in the Consumer Price index);
							(bb)10.5 percentage
				points, in the case of a transaction in an amount of $30,000 or more, but less
				than $50,000 (as such amounts are adjusted by the Bureau to reflect the change
				in the Consumer Price index); or
							(cc)such percentage
				points, above those described under item (bb), as the Bureau shall prescribe,
				in the case of a transaction that is in an amount of $30,000 or less (as such
				amount is adjusted by the Bureau to reflect the change in the Consumer Price
				Index);
							.


113 HR 1748 IH: America Votes Act of 2013
U.S. House of Representatives
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1748
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2013
			Mr. Larsen of
			 Washington (for himself, Ms. Brown of
			 Florida, Mr. Blumenauer,
			 Ms. Lee of California,
			 Ms. DeGette,
			 Mr. Ellison,
			 Mr. Grijalva,
			 Mr. Honda,
			 Mr. Farr, Ms. Chu, Mr. Smith
			 of Washington, Mr.
			 Becerra, Mr. Cohen,
			 Ms. Norton,
			 Mr. Lewis,
			 Ms. Bordallo,
			 Ms. Schwartz,
			 Mr. Rush, Mr. Johnson of Georgia,
			 Mr. Deutch,
			 Ms. Moore,
			 Ms. Speier,
			 Mr. Lynch,
			 Mr. Carson of Indiana,
			 Mr. Rangel,
			 Mr. Tonko,
			 Mr. Clay, Mr. Butterfield, Mr.
			 Cárdenas, Mr. Cummings,
			 Ms. DelBene,
			 Mr. Bishop of Georgia,
			 Mr. McDermott,
			 Ms. Wilson of Florida, and
			 Mr. Serrano) introduced the following
			 bill; which was referred to the Committee
			 on House Administration

		A BILL
		To amend the Help America Vote Act of 2002 to permit an
		  individual who is subject to a requirement to present identification as a
		  condition of voting in an election for Federal office to meet such requirement
		  by presenting a sworn written statement attesting to the individual’s
		  identification, and for other purposes.

		1.Short titleThis Act may be cited as the
			 America Votes Act of
			 2013.
		2.Permitting use of
			 sworn written statement to meet identification requirements for voting
			(a)Permitting use
			 of statementTitle III of the
			 Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting
			 after section 303 the following new section:

					303A.Permitting use
				of sworn written statement to meet identification requirements
						(a)Use of
				statement
							(1)In
				generalExcept as provided in subsection (c), if a State has in
				effect a requirement that an individual present identification as a condition
				of receiving and casting a ballot in an election for Federal office, the State
				shall permit the individual to meet the requirement—
								(A)in the case of an
				individual who desires to vote in person, by presenting the appropriate State
				or local election official with a sworn written statement, signed by the
				individual under penalty of perjury, attesting to the individual’s
				identification and attesting that the individual is registered to vote in the
				election; or
								(B)in the case of an
				individual who desires to vote by mail, by submitting with the ballot the
				statement described in subparagraph (A).
								(2)Providing
				pre-printed copy of statementA State which is subject to
				paragraph (1) shall—
								(A)prepare a
				pre-printed version of the statement described in paragraph (1)(A) which
				includes a blank space for an individual to provide a name and
				signature;
								(B)make copies of the
				pre-printed version available at polling places for election officials to
				distribute to individuals who desire to vote in person; and
								(C)include a copy of
				the pre-printed version with each blank absentee or other ballot transmitted to
				an individual who desires to vote by mail.
								(b)Requiring use of
				regular ballotA State may not require an individual who presents
				or submits a sworn written statement in accordance with subsection (a)(1) to
				cast a provisional ballot in the election under section 302.
						(c)Exception for
				first-Time voters registering by mailSubsections (a) and (b) do
				not apply with respect to any individual described in paragraph (1) of section
				303(b) who is required to meet the requirements of paragraph (2) of such
				section.
						.
			(b)Conforming
			 amendment relating to enforcementSection 401 of such Act (42
			 U.S.C. 15511) is amended by striking and 303 and inserting
			 303, and 303A.
			(c)Clerical
			 amendmentThe table of contents of such Act is amended by
			 inserting after the item relating to section 303 the following new item:

						Sec. 303A. Permitting use of sworn written
				statement to meet identification
				requirements.

					.
			3.Requiring States
			 to include information on use of sworn written statement in voting information
			 material posted at polling placesSection 302(b)(2) of the Help America Vote
			 Act of 2002 (42 U.S.C. 15482(b)(2)) is amended—
			(1)by striking
			 and at the end of subparagraph (E);
			(2)by striking the
			 period at the end of subparagraph (F) and inserting ; and;
			 and
			(3)by adding at the
			 end the following new subparagraph:

					(G)in the case of a State that has in effect a
				requirement that an individual present identification as a condition of
				receiving and casting a ballot in an election for Federal office, information
				on how an individual may meet such requirement by presenting a sworn written
				statement in accordance with section
				303A.
					.
			4.Effective
			 dateThe amendments made by
			 this Act shall apply with respect to elections occurring on or after the date
			 of the enactment of this Act.