116 HR 4572 IH: Government Bailout Prevention Act
U.S. House of Representatives
2019-09-27
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.

I116th CONGRESS1st SessionH. R. 4572IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2019Mr. Rooney of Florida introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Financial Services, 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 prohibit the provision of Federal funds to State and local governments for payment of
			 obligations, to prohibit the Federal Reserve Banks, the Department of the
			 Treasury, and other Federal agencies from financially assisting State and
			 local governments that have defaulted on their obligations, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Government Bailout Prevention Act. 2.DefinitionIn this Act, the term State means—
 (1)any of the several States; (2)the District of Columbia; and
 (3)any territory or possession of the United States. 3.Prohibition on the use of Federal funds to pay or guarantee State and local obligations (a)In generalNotwithstanding any other provision of law, no Federal funds may be used to purchase or guarantee obligations of, issue lines of credit to, or provide direct or indirect grants-and-aid to, any State government, municipal government, local government, or county government which, on or after January 1, 2019, has filed for bankruptcy, has defaulted on its obligations, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government.
 (b)Limit on Use of Borrowed FundsThe Secretary of the Treasury shall not, directly or indirectly, use general fund revenues or funds borrowed pursuant to title 31, United States Code, to purchase or guarantee any asset or obligation of any State government, municipal government, local government, or county government, or otherwise to assist such government entity, if, on or after January 1, 2019, that State government, municipal government, or county government has defaulted on its obligations, has filed for bankruptcy, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government.
 (c)Prohibition on Federal Reserve assistanceNotwithstanding any other provision of law, no Federal Reserve Bank may provide or extend to, or authorize with respect to, any State government, municipal government, local government, county government, or other entity that has taxing authority or bonding authority, any funds, loan guarantees, credits, or any other financial instrument, including the purchasing of the bonds of such State, municipality, locality, county, or other bonding authority, or to otherwise assist such government entity under any authority of any Federal Reserve Bank.
 (d)LimitationSubsections (a) through (c) shall not apply to Federal assistance provided in response to a declared disaster.
 4.ApplicabilityThe prohibition under section 3— (1)includes debt restructuring or any other related activity; and
 (2)does not include— (A)any discretionary appropriations or direct spending, as those terms are defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)); and
 (B)any grant awarded by the United States to the State government, municipal government, local government, or county government.


117 S803 IS: Home Defense and Competitive Shooting Act of 2021
U.S. Senate
2021-03-17
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.

II
117th CONGRESS1st Session
S. 803
IN THE SENATE OF THE UNITED STATES

March 17 (legislative day, March 16), 2021
Mr. Marshall (for himself, Mrs. Hyde-Smith, Mr. Braun, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Firearms Act, and for other purposes.

1.Short titleThis Act may be cited as the Home Defense and Competitive Shooting Act of 2021. 2.Short-barreled rifles (a)In generalSection 5845(a) of the Internal Revenue Code of 1986 is amended—
(1)by striking (3) a rifle and all that follows through (5) any other weapon and inserting (3) any other weapon, and (2)by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively.
(b)Effective dateThe amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. 3.Elimination of disparate treatment of short-barreled rifles used for lawful purposesSection 922 of title 18, United States Code, is amended in each of subsections (a)(4) and (b)(4) by striking short-barreled shotgun, or short-barreled rifle and inserting or short-barreled shotgun.
4.Treatment of short-barreled rifles determined by reference to National Firearms ActSection 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:  (f)Short-Barreled rifle requirements determined by referenceIn the case of any short-barreled rifle registration or licensing requirement under State or local law which is determined by reference to the National Firearms Act, any person who acquires or possesses such a rifle in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle..
5.Preemption of certain state laws in relation to short-barreled riflesSection 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a rifle, shall have no force or effect.. 6.Destruction of records (a)In generalNot later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of an applicable rifle maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of an applicable rifle, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of an applicable rifle.
(b)Applicable rifleFor purposes of this section, the term applicable rifle means a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of such Code (as in effect on the day before the enactment of the Home Defense and Competitive Shooting Act of 2021).


		II
		112th CONGRESS
		1st Session
		S. 869
		IN THE SENATE OF THE UNITED STATES

			May 3, 2011
			Mr. Graham introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			July 12, 2011
			Committee discharged; referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To provide for an exchange of land between the Department
		  of Homeland Security and the South Carolina State Ports
		  Authority.

		1.Short
			 titleThis Act may be cited as
			 the Former Charleston Naval Base Land
			 Exchange Act of 2011.
		2.DefinitionsIn this Act:
			(1)Federal
			 landThe term Federal land means the parcels
			 consisting of approximately 10.499 acres of land (including improvements) that
			 are owned by the United States, located on the former U.S. Naval Base Complex
			 in North Charleston, South Carolina, and described on the map entitled
			 Charleston County Assessors Map as Tax Map Number 400-00-00-004,
			 with the deed recorded in the Charleston County RMC Office on Book X23, at page
			 245.
			(2)Non-Federal
			 landThe term non-Federal land means the 3 parcels
			 of land (including improvements) to be conveyed to the United States under this
			 Act.
			(3)SecretaryThe
			 term Secretary means the Secretary of Homeland Security.
			(4)State Ports
			 AuthorityThe term State Ports Authority means the
			 South Carolina State Ports Authority, an agency of the State of South
			 Carolina.
			3.Land
			 exchangeIn exchange for the
			 conveyance to the Secretary of the non-Federal land owned by the State Ports
			 Authority, the Secretary is authorized to convey to the State Ports Authority,
			 by quitclaim deed, all right, title, and interest of the United States in and
			 to the Federal land.
			(a)Land exchange
			 requiredIf the State Ports Authority offers to convey to the
			 Secretary all right, title, and interest of the State Ports Authority in and to
			 the non-Federal parcels identified in subsection (b)—
				(1)the Secretary
			 shall accept the offer; and
				(2)the Secretary
			 shall simultaneously convey to the State Ports Authority all right, title, and
			 interest of the United States in and to approximately 10.499 acres of Federal
			 land.
				(b)Non-Federal
			 land describedThe non-Federal land (including improvements) to
			 be conveyed under this section consists of—
				(1)the approximately
			 18.736 acres of land that is owned by the State Ports Authority, located on S.
			 Hobson Avenue, and depicted on the map entitled Charleston Country
			 Assessors Map as Tax Map Number 400-00-00-051, with the deed recorded
			 in the Charleston County RMC Office in Book EL, at page 280;
				(2)the approximately
			 4.069 acres of land that is owned by the State Ports Authority, located on
			 Juneau Avenue and the Cooper River, and depicted on the map entitled
			 Charleston County Assessors Map as a Tax Map Number
			 400-00-00-004, with the deed recorded in the Charleston County RMC Office in
			 Book L09, at page 0391; and
				(3)the approximately
			 2.568 acres of land that is owned by the State Ports Authority, located on
			 Partridge Avenue, and depicted on the map entitled Charleston County
			 Assessors Map as Tax Map Number 400-00-00-004, with the deed recorded
			 in the Charleston County RMC Office in Book L09, at page 0391.
				(c)Land
			 titleTitle to the non-Federal land conveyed to the Secretary
			 under this section shall—
				(1)be acceptable to
			 the Secretary; and
				(2)conform to the
			 title approval standards of the Attorney General of the United States
			 applicable to land acquisitions by the Federal Government.
				4.Exchange terms
			 and conditions
			(a)In
			 generalThe conveyance of
			 Federal land under section 3 shall be subject to—
				(1)any valid existing rights; and
				(2)any additional terms and conditions that
			 the Secretary determines to be appropriate to protect the interests of the
			 United States.
				(b)CostsThe costs of carrying out the exchange of
			 land under section 3 shall be shared equally by the Secretary and the State
			 Ports Authority.
			(c)Equal value
			 exchangeNotwithstanding the
			 appraised value of the land exchanged under section 3, the values of the
			 Federal and non-Federal land in the land exchange under section 3 shall be
			 considered to be equal.
			5.Boundary
			 adjustmentOn acceptance of
			 title to the non-Federal land by the Secretary—
			(1)the non-Federal land shall be added to and
			 administered as part of the Federal Law Enforcement Training Center; and
			(2)the boundaries of the Federal Law
			 Enforcement Training Center shall be adjusted to exclude the exchanged Federal
			 land.


114 S1858 IS: Equality Act
U.S. Senate
2015-07-23
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
		114th CONGRESS1st Session
		S. 1858
		IN THE SENATE OF THE UNITED STATES

			July 23, 2015
			Mr. Merkley (for himself, Ms. Baldwin, Mr. Booker, Mr. Bennet, Mr. Blumenthal, Mrs. Boxer, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Coons, Mr. Durbin, Mrs. Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. Leahy, Mr. Markey, Mrs. McCaskill, Mr. Menendez, Ms. Mikulski, Mr. Murphy, Mrs. Murray, Mr. Peters, Mr. Reed, Mr. Reid, Mr. Sanders, Mr. Schatz, Mr. Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. Udall, Mr. Warner, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for
			 other purposes.

		1.Short title
 This Act may be cited as the Equality Act.
 2.FindingsCongress finds the following: (1)Discrimination can occur on the basis of the sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination.
 (2)A single instance of discrimination may have more than 1 basis. For example, discrimination against a married same-sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the 2 individuals in the couple, or both. Discrimination against a pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on the basis of multiple factors.
 (3)Lesbian, gay, bisexual, and transgender (referred to as LGBT) people commonly experience discrimination in securing access to public accommodations—including restaurants, stores, places of or establishments that provide entertainment, and transportation. Forms of discrimination include the exclusion and denial of entry, unequal or unfair treatment, harassment, and violence. This discrimination prevents the full participation of LGBT people in society and disrupts the free flow of commerce.
 (4)Women also face discrimination, in establishments such as stores and restaurants, and places or establishments that provide other goods or services, such as entertainment or transportation, including sexual harassment, differential pricing, and denial of services because they are pregnant or breastfeeding.
 (5)Regular and ongoing discrimination against LGBT people, as well as women, in accessing public accommodations contributes to negative social and economic outcomes.
 (6)Both LGBT people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance. Such discrimination—
 (A)is particularly troubling and inappropriate for programs and services funded wholly or in part by the Federal Government;
 (B)undermines national progress toward equal treatment regardless of sex, sexual orientation, or gender identity; and
 (C)is inconsistent with the constitutional principle of equal protection under the Fourteenth Amendment of the Constitution of the United States.
 (7)Workers who are LGBT, or are perceived to be LGBT, have been subjected to a history and pattern of persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity by private sector employers and Federal, State, and local government employers.
 (8)Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal agencies and courts have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Equal Employment Opportunity Commission has explicitly interpreted sex discrimination to include sexual orientation and gender identity.
 (9)The absence of explicit prohibitions of discrimination on the basis of sexual orientation and gender identity under Federal statutory law, as well as some conflicting case law on how broadly sex discrimination provisions apply, has created uncertainty for employers and other entities covered by these laws. This lack of clear coverage also causes unnecessary hardships for LGBT people.
 (10)LGBT people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. LGBT people in same-sex relationships are often discriminated against when 2 names associated with 1 gender appear on a housing application, and transgender people often encounter discrimination when credit checks or inquiries reveal a former name.
 (11)National surveys, including a study commissioned by the Department of Housing and Urban Development, show that housing discrimination against LGBT people is very prevalent. For instance, when same-sex couples inquire about housing that is available for rent, they are less likely to receive positive responses from landlords. According to other studies, transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness.
 (12)As a result of the absence of explicit prohibitions against discrimination on the basis of sexual orientation and gender identity, credit applicants who are LGBT, or perceived to be LGBT, have unequal opportunities to establish credit. LGBT people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity.
 (13)Numerous studies demonstrate that LGBT people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people.
 (14)The right to an impartial jury of one’s peers and the reciprocal right to jury service are fundamental to the free and democratic system of justice in the United States and are based in the Bill of Rights. There is, however, an unfortunate and long-documented history in the United States of attorneys discriminating against LGBT individuals, or those perceived to be LGBT, in jury selection. Failure to bar peremptory challenges based on the actual or perceived sexual orientation or gender identity of an individual not only erodes a fundamental right, duty, and obligation of being a citizen of the United States, but also unfairly creates a second class of citizenship for LGBT victims, witnesses, plaintiffs, and defendants.
			3.Public accommodations
 (a)Prohibition on discrimination or segregation in public accommodationsSection 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— (1)in subsection (a), by inserting sex, sexual orientation, gender identity, before or national origin; and
 (2)in subsection (b)— (A)in paragraph (3), by striking stadium and all that follows and inserting stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;;
 (B)by redesignating paragraph (4) as paragraph (6); and (C)by inserting after paragraph (3) the following:

 (4)any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services;
 (5)any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and.
 (b)Prohibition on discrimination or segregation under lawSection 202 of such Act (42 U.S.C. 2000a–1) is amended by inserting sex, sexual orientation, gender identity, before or national origin. (c)Rule of constructionTitle II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following:

 208.Rule of constructionA reference in this title to an establishment— (1)shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and
 (2)shall not be construed to be limited to a physical facility or place.
						.
 4.Desegregation of public facilitiesSection 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting sex, sexual orientation, gender identity, before or national origin. 5.Desegregation of public education (a)DefinitionsSection 401(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting , sexual orientation, gender identity, before or national origin.
 (b)Civil actions by the Attorney GeneralSection 407 of such Act (42 U.S.C. 2000c–6) is amended, in subsection (a)(2), by inserting , sexual orientation, gender identity, before or national origin.
 (c)Classification and assignmentSection 410 of such Act (42 U.S.C. 2000c–9) is amended by inserting , sexual orientation, gender identity, before or national origin. 6.Federal fundingSection 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended by inserting sex, sexual orientation, gender identity, before or national origin,.
		7.Employment
 (a)Rules of constructionTitle VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following:

 701A.Rules of constructionSection 1106 shall apply to this title except that for purposes of that application, a reference in that section to an unlawful practice shall be considered to be a reference to an unlawful employment practice..
 (b)Unlawful employment practicesSection 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended— (1)in the section header, by striking sex, and inserting sex, sexual orientation, gender identity,;
 (2)except in subsection (e), by striking sex, each place it appears and inserting sex, sexual orientation, gender identity,; (3)in subsection (e)(1), by striking enterprise, and inserting enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,; and
 (4)in subsection (h), by striking sex the second place it appears and inserting sex, sexual orientation, gender identity,. (c)Other unlawful employment practicesSection 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(b)) is amended—
 (1)by striking sex, the first place it appears and inserting sex, sexual orientation, gender identity,; and (2)by striking employment. and inserting employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity..
 (d)ClaimsSection 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by striking sex, and inserting sex, sexual orientation, gender identity,. (e)Employment by Federal GovernmentSection 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended—
 (1)in subsection (a), by striking sex, and inserting sex, sexual orientation, gender identity,; and (2)in subsection (c), by striking sex and inserting sex, sexual orientation, gender identity,.
 (f)Government Employee Rights Act of 1991The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) is amended— (1)in section 301(b), by striking sex, and inserting sex, sexual orientation, gender identity,;
 (2)in section 302(a)(1), by striking sex, and inserting sex, sexual orientation, gender identity,; and (3)by adding at the end the following:

 305.Rules of construction and claimsSections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex, sexual orientation, gender identity, or national origin shall be considered to be a reference to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
						.
 (g)Congressional Accountability Act of 1995The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended— (1)in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting sexual orientation, gender identity, before or national origin,; and
 (2)by adding at the end of title II (42 U.S.C. 1311 et seq.) the following:  208.Rules of construction and claimsSections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex, sexual orientation, gender identity, or national origin shall be considered to be a reference to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
						.
 (h)Civil Service Reform Act of 1978Chapter 23 of title 5, United States Code, is amended— (1)in section 2301(b)(2), by striking sex, and inserting sex, sexual orientation, gender identity,;
 (2)in section 2302— (A)in subsection (b)(1)(A), by inserting sexual orientation, gender identity, before or national origin,; and
 (B)in subsection (d)(1), by inserting sexual orientation, gender identity, before or national origin;; and (3)by adding at the end the following:

 2307.Rules of Construction and claimsSections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex, sexual orientation, gender identity, or national origin shall be considered to be a reference to race, color, religion, sex, sexual orientation, gender identity, national origin, age, a handicapping condition, marital status, or political affiliation.
						.
 8.InterventionSection 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting , sexual orientation, gender identity, before or national origin,. 9.MiscellaneousTitle XI of the Civil Rights Act of 1964 is amended—
 (1)by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 1102 through 1105 and sections 1108 and 1109, respectively;
 (2)by inserting after the title heading the following:  1101.Definitions and Rules (a)DefinitionsIn titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a covered title):
 (1)Race; color; religion; sex; sexual orientation; gender identity; national originThe term race, color, religion, sex, sexual orientation, gender identity, or national origin, used with respect to an individual, includes— (A)the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of another person with whom the individual is associated or has been associated; and
 (B)a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of the individual.
 (2)Gender identityThe term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
 (3)IncludingThe term including means including, but not limited to, consistent with the term's standard meaning in Federal law. (4)SexThe term sex includes—
 (A)a sex stereotype; (B)pregnancy, childbirth, or a related medical condition; and
 (C)sexual orientation or gender identity. (5)Sexual orientationThe term sexual orientation means homosexuality, heterosexuality, or bisexuality.
 (b)RulesIn a covered title referred to in subsection (a)— (1)(with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and
 (2)(with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.
							; and
 (3)by inserting after section 1105 the following:  1106.Rules of construction (a)SexNothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed—
 (1)to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or
 (2)to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex.
 (b)Claims and remedies not precludedNothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy.
 (c)No negative inferenceNothing in section 1101 or a covered title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype.
 1107.ClaimsThe Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title..
			10.Housing
 (a)Fair Housing ActThe Fair Housing Act (42 U.S.C. 3601 et seq.) is amended— (1)in section 802, by adding at the end the following:

 (p)Gender identity, sex, and sexual orientation have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964.
 (q)Race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, used with respect to an individual, includes— (1)the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and
 (2)a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, respectively, of the individual.
							;
 (2)in section 804, by inserting sexual orientation, gender identity, after sex, each place that term appears; (3)in section 805, by inserting sexual orientation, gender identity, after sex, each place that term appears;
 (4)in section 806, by inserting sexual orientation, gender identity, after sex,; (5)in section 808(e)(6), by inserting sexual orientation, gender identity, after sex,; and
 (6)by adding at the end the following:  821.Rules of constructionSections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1101(b) or 1106 to a covered title shall be considered a reference to this title and section 901.
 822.ClaimsSection 1107 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1107 to a covered title shall be considered a reference to this title and section 901.
						.
 (b)Prevention of intimidation in fair housing casesSection 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting sexual orientation (as such term is defined in section 802 of this Act), gender identity (as such term is defined in section 802 of this Act), after sex, each place that term appears.
			11.Equal credit opportunity
 (a)Prohibited discriminationSection 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting sexual orientation, gender identity, after status,.
 (b)DefinitionsSection 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended— (1)by redesignating subsections (f) and (g) as subsections (h) and (i), respectively;
 (2)by inserting after subsection (e) the following:  (f)The terms gender identity, sex, and sexual orientation have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
 (g)The term race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, or age, used with respect to an individual, includes—
 (1)the race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and
 (2)a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, or age, respectively, of the individual.
							; and
 (3)by adding at the end the following:  (j)Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application—
 (1)a reference in those sections to a covered title shall be considered a reference to this title; and (2)paragraph (1) of such section 1101(b) shall apply with respect to all aspects of a credit transaction..
 (c)Relation to State lawsSection 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting , sexual orientation, gender identity, after sex. (d)Civil liabilitySection 706 of the Equal Credit Opportunity Act (15 U.S.C. 1691e) is amended by adding at the end the following:

 (l)Section 1107 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application, a reference in that section to a covered title shall be considered a reference to this title.
					.
			12.Juries
 (a)In generalChapter 121 of title 28, United States Code, is amended— (1)in section 1862, by inserting sexual orientation, gender identity, after sex,;
 (2)in section 1867(e), in the second sentence, by inserting sexual orientation, gender identity, after sex,; (3)in section 1869—
 (A)in subsection (j), by striking and at the end; (B)in subsection (k), by striking the period at the end and inserting a semicolon; and
 (C)by adding at the end the following:  (l)gender identity, sex, and sexual orientation have the meanings given such terms under section 1101(a) of the Civil Rights Act of 1964; and
 (m)race, color, religion, sex, sexual orientation, gender identity, economic status, or national origin, used with respect to an individual, includes— (1)the race, color, religion, sex, sexual orientation, gender identity, economic status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and
 (2)a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, economic status, or national origin, respectively, of the individual.; and
 (4)by adding at the end the following:  1879.Rules of construction and claimsSections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter, except that for purposes of that application, a reference in those sections to a covered title shall be considered a reference to this chapter.
						.
 (b)Technical and conforming amendmentThe table of sections for chapter 121 of title 28, United States Code, is amended by adding at the end the following:
				1879. Rules of construction and claims..


		IV
		112th CONGRESS
		1st Session
		H. CON. RES. 18
		IN THE HOUSE OF REPRESENTATIVES

			February 15, 2011
			Mr. Filner submitted
			 the following concurrent resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		CONCURRENT RESOLUTION
		Urging the President to authorize the
		  return to the people of the Philippines of two church bells that were taken by
		  the United States Army in 1901 from the town of Balangiga on the island of
		  Samar, Philippines, and are currently displayed at F.E. Warren Air Force Base,
		  Wyoming.

		Whereas the United States and the Philippines have shared
			 historic and political ties for over 100 years;
		Whereas the acquisition of the Philippines by the United
			 States in 1898 ushered in unprecedented American influence in the affairs of
			 the Asia-Pacific region;
		Whereas, at the onset of the acquisition of the
			 Philippines, armed conflict occurred between the United States Army and the
			 Filipinos;
		Whereas, during the course of that conflict, a
			 particularly noteworthy incident occurred in the town of Balangiga on the
			 island of Samar on September 28, 1901;
		Whereas a church bell in Balangiga was reportedly rung,
			 without permission from the parish priest, to signal an attack on the American
			 garrison in the town;
		Whereas, as a consequence, the 11th United States Infantry
			 Regiment, known as the Wyoming Volunteers, confiscated the bells
			 of Balangiga and brought the bells to the United States as war trophies;
		Whereas the regiment was stationed at Fort D.A. Russell in
			 Cheyenne, Wyoming, which subsequently became F.E. Warren Air Force Base, and
			 two of the bells of Balangiga remain on display at this installation;
		Whereas the town of Balangiga built a memorial monument
			 that includes the names of Filipinos and Americans who lost their lives in the
			 September 28, 1901, incident, and the town honors these war dead on September
			 28 of each year;
		Whereas the acts of conflict that surrounded the bells of
			 Balangiga are not consistent with the friendship and cooperation that have been
			 an integral part of the relationship between the Republic of the Philippines
			 and the United States;
		Whereas Filipino soldiers fought shoulder to shoulder with
			 American troops on the battlefields of World War II, Korea, and Vietnam;
		Whereas the bells of Balangiga should more properly serve
			 as a symbol of friendship and cooperation and not of unfortunate
			 misunderstanding and conflict;
		Whereas the bells of Balangiga are valued not only for
			 their place in history, but also for the opportunity they present in enhancing
			 lasting good will between the Philippines and the United States;
		Whereas the Filipino people have repeatedly requested the
			 return of the bells;
		Whereas the Wyoming Veterans Commission recently voted in
			 support of returning the Balangiga church bells to the Philippines;
		Whereas the bells of Balangiga, when restored to their
			 original setting in the Balangiga Parish, could again ring, after 108 years of
			 muteness, as a symbol of the bond that exists between the Philippines and the
			 United States; and
		Whereas the United States holds supportable legal title to
			 the bells recognizable under international law, and the United States
			 Government has final disposition over the bells of Balangiga: Now, therefore,
			 be it

		That Congress urges the President to
			 authorize the return of two church bells that were taken by the United States
			 Army in 1901 from the town of Balangiga on the island of Samar, Philippines,
			 and are currently displayed at F.E. Warren Air Force Base, Wyoming, to the
			 people of the Philippines as a visible symbol of the friendship, good will, and
			 cooperation that exists between the Philippines and the United States.


115 HR 2550 IH: Medicare Telehealth Parity Act of 2017
U.S. House of Representatives
2017-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2550IN THE HOUSE OF REPRESENTATIVESMay 19, 2017Mr. Thompson of California (for himself, Mrs. Black, Mr. Welch, and Mr. Harper) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for an incremental expansion of
			 telehealth coverage under the Medicare program.

 1.Short titleThis Act may be cited as the Medicare Telehealth Parity Act of 2017. 2.Phased-in expansion of telehealth coverage under Medicare (a)Initial phase (1)Expansion of originating sitesSection 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended—
 (A)in clause (i), by striking The term and inserting Subject to clause (iii), the term; and (B)by adding at the end the following new clause:

 (iii)Additional sitesThe term originating site shall also include the following sites at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system, whether or not they are located in an area described in clause (i), insofar as such sites are not otherwise included in the definition of originating site under such clause:
 (I)In the case of such a service furnished on or after the date that is 6 months after the date of the enactment of the Medicare Telehealth Parity Act of 2017, any Federally qualified health center and any rural health clinic (as such terms are defined in section 1861(aa)).
 (II)In the case of such a service furnished on or after the date that is 6 months after the date of the enactment of the Medicare Telehealth Parity Act of 2017, any site described in clause (ii) that is located in a county within a Metropolitan Statistical Area with a population of fewer than 50,000 individuals, according to the most recent decennial census..
 (2)Originating site fee not to apply to additional sitesSection 1834(m)(2)(B) of such Act (42 U.S.C. 1395m(m)(4)(C)) is amended by inserting after and below clause (ii) the following:

						The facility fee under this subparagraph shall not apply to any site included as an originating
			 site pursuant to clause (iii) of paragraph (4)(C) that would not otherwise
			 be included as an originating site without application of such clause..
 (3)Additional telehealth providersSection 1834(m) of such Act (42 U.S.C. 1395m(m)) is amended— (A)in paragraph (1)—
 (i)by striking or a practitioner (described in section 1842(b)(18)(C)) and inserting or a professional described in paragraph (4)(E)); and (ii)by striking individual physician or practitioner and inserting individual physician or professional; and
 (B)in paragraph (4), by— (i)striking subparagraph (E); and
 (ii)inserting after subparagraph (D) the following new subparagraph:  (E)Professional describedFor purposes of paragraph (1), a professional described in this subparagraph is—
 (i)a practitioner described in section 1842(b)(18)(C); or (ii)with respect to services furnished on or after the date that is 6 months after the date of the enactment of the Medicare Telehealth Parity Act of 2017, a certified diabetes educator or licensed—
 (I)respiratory therapist; (II)audiologist;
 (III)occupational therapist; (IV)physical therapist; or
 (V)speech language pathologist.. (4)Additional covered telehealth servicesSection 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(i)) is amended by adding at the end the following new sentence: Such term shall include respiratory services, audiology services (as defined in section 1861(ll)), and outpatient therapy services, including physical therapy, occupational therapy, and speech-language pathology services..
 (5)Expansion of telecommunications systemThe second sentence of section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)) is amended by striking in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,.
 (6)Rural health clinics and Federally qualified health centers authorized to be distant sitesSection 1834(m)(4)(A) of the Social Security Act (42 U.S.C. 1395m(m)(4)(A)) is amended— (A)by striking site.—The term and inserting

 site.—(i)In generalThe term; and (B)by adding at the end the following new clause:

 (ii)Treatment of rural health clinics and Federally qualified health centersA site described in clause (i) includes a rural health clinic (as defined in section 1861(aa)(2)) and a Federally qualified health center (as defined in section 1861(aa)(4)). In any case in which such a clinic or center is treated as a distant site with respect to the provision of a telehealth service to an eligible telehealth individual for which payment is made under this subsection, such service shall not be treated as a rural health clinic service or Federally qualified health center service, respectively, and payment may not otherwise be made under this title with respect to such service provided to such individual..
					(b)Second phase
 (1)In generalSection 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended— (A)in clause (iii) of subparagraph (C), as added by subsection (a)(1), by adding at the end the following new subclauses:

 (III)In the case of such a service furnished on or after the date that is 2 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, any site described in clause (ii) that is located in a county within a Metropolitan Statistical Area with a population of at least 50,000 individuals but fewer than 100,000 individuals, according to the most recent decennial census.
 (IV)In the case of such a service furnished on or after the date that is 2 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, a home telehealth site, as defined in subparagraph (G).
 (V)In the case of such a service that is related to the evaluation or treatment of an acute stroke and that is furnished on or after the date described in subclause (IV) during the evidence-based window of treatment, any site at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system, regardless of where the site is located.; and
 (B)by adding at the end the following new subparagraph:  (G)Home telehealth site (i)In generalThe term home telehealth site means, with respect to a service described in clause (ii) furnished to an individual, a place of residence used as the home of such individual.
 (ii)Services describedA service described in this clause is— (I)a telehealth service that is related to the provision of outpatient mental or behavioral health and shall include the use of video conferencing; and
 (II)a service described in subparagraph (F)(iii) that is treated as a telehealth service under such subparagraph..
 (2)Home telehealth servicesSection 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clause:

 (iii)Treatment of home telehealth servicesFor purposes of subparagraph (G)(ii)(II), beginning 2 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, services (including the use of video conferencing) furnished at an originating site that is a home telehealth site to an individual that is related to the provision of hospice care, home dialysis, or home health services shall be treated as a telehealth service under this subparagraph..
				(c)Final phase
 (1)Further expansion of originating sitesClause (iii) of section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)), as added by subsection (a)(1) and amended by subsection (b)(1), is further amended—
 (A)by redesignating subclause (V) as subclause (VI); and (B)by inserting after clause (IV) the following new subclause:

 (V)In the case of such a service furnished on or after the date that is 4 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, any site described in clause (ii) that is located in a county within a Metropolitan Statistical Area with a population of at least 100,000 individuals, according to the most recent decennial census..
 (2)Payment methods for other patient sitesSection 1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is amended by adding at the end the following new subparagraph:

 (D)Payment methods for other patient sitesWith respect to services furnished on or after the date that is 4 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, the Secretary may develop and implement payment methods that would apply under this subsection in the case of an individual who would be an eligible telehealth individual except that the telehealth services are furnished at a site other than an originating site. Such methods shall be designed to take into account the costs related to the site involved and reduced costs for the distant site..
				(d)Incremental coverage of remote patient monitoring services for certain chronic health conditions
 (1)In generalSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— (A)in subparagraph (FF), by striking and at the end;
 (B)in subparagraph (GG), by inserting and at the end; and (C)by inserting after subparagraph (GG) the following new subparagraph:

 (HH)applicable remote patient monitoring services (as defined in paragraph (1)(A) of subsection (iii));. (2)Services describedSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:

						(iii)Remote patient monitoring services for chronic health conditions
							(1)
 (A)The term applicable remote patient monitoring services means remote patient monitoring services (as defined in subparagraph (B)) furnished to provide for the monitoring, evaluation, and management of an individual with a covered chronic condition (as defined in paragraph (2)), insofar as such services are for the management of such chronic condition.
 (B)The term remote patient monitoring services means services furnished through remote patient monitoring technology (as defined in subparagraph (C)).
 (C)The term remote patient monitoring technology means a coordinated system that uses one or more home-based or mobile monitoring devices that automatically transmit vital sign data or information on activities of daily living and may include responses to assessment questions collected on the devices wirelessly or through a telecommunications connection to a server that complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, as part of an established plan of care for that patient that includes the review and interpretation of that data by a health care professional.
 (2)For purposes of paragraph (1), the term covered chronic health condition means— (A)in the case of applicable remote patient monitoring services furnished on or after the date that is 6 months after the date of the enactment of the Medicare Telehealth Parity Act of 2017, applicable conditions (as defined in and applied under section 1886(q)(5)), relating to heart failure and chronic obstructive pulmonary disease and related chronic comorbidities when under chronic care management (identified as of July 1, 2015, by HCPCS code 99490 (and as subsequently modified by the Secretary));
 (B)in the case of applicable remote patient monitoring services furnished on or after the date that is 2 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, in addition to the conditions described in subparagraph (A), diabetes and related chronic comorbidities when under chronic care management (identified as of July 1, 2015, by HCPCS code 99490 (and as subsequently modified by the Secretary)); and
 (C)in the case of applicable remote patient monitoring services furnished on or after the date that is 4 years after the date of the enactment of the Medicare Telehealth Parity Act of 2017, in addition to the conditions described in subparagraph (A) and (B), such other conditions that could be specified by the Secretary that qualify for chronic care management and related chronic comorbidities when under chronic care management (identified as of July 1, 2015, by HCPCS code 99490 (and as subsequently modified by the Secretary)).
								(3)
 (A)Payment may be made under this part for applicable remote patient monitoring services provided to an individual during a period of up to 90 days and such additional period as provided for under subparagraph (B).
 (B)The 90-day period described in subparagraph (A), with respect to an individual, may be renewed by the physician who provides chronic care management to such individual if the individual continues to qualify for such management..
 (3)Payment under the physician fee scheduleSection 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended— (A)in subsection (c)—
 (i)in paragraph (2)(B)— (I)in clause (ii)(II), by striking and (v) and inserting (v), and (vii); and
 (II)by adding at the end the following new clause:  (vii)Budgetary treatment of certain servicesThe additional expenditures attributable to services described in section 1861(s)(2)(GG) shall not be taken into account in applying clause (ii)(II).; and
 (ii)by adding at the end the following new paragraph:  (7)Treatment of applicable remote patient monitoring services (A)In determining relative value units for applicable remote patient monitoring services (as defined in section 1861(iii)(1)(A)), the Secretary, in consultation with appropriate physician groups, practitioner groups, and supplier groups, shall take into consideration—
 (i)physician or practitioner resources, including physician or practitioner time and the level of intensity of services provided, based on—
 (I)the frequency of evaluation necessary to manage the individual being furnished the services; (II)the complexity of the evaluation, including the information that must be obtained, reviewed, and analyzed; and
 (III)the number of possible diagnoses and the number of management options that must be considered; (ii)practice expense costs associated with such services, including the direct costs associated with installation and information transmission, costs of remote patient monitoring technology (including equipment and software), device delivery costs, and resource costs necessary for patient monitoring and follow-up (but not including costs of any related item or non-physician service otherwise reimbursed under this title); and
 (iii)malpractice expense resources. (B)Using the relative value units determined in subparagraph (A), the Secretary shall provide for separate payment for such services and shall not adjust the relative value units assigned to other services that might otherwise have been determined to include such separately paid remote patient monitoring services.; and
 (B)in subsection (j)(3), by inserting (2)(HH), after health risk assessment),. (4)Effective date (A)In generalThe amendments made by this subsection shall apply to services furnished on or after the date that is 6 months after the date of the enactment of this Act, without regard to whether the guidelines under paragraph (3)(A) or the standards under paragraph (3)(B) of section 1861(iii) of the Social Security Act, as added by paragraph (2), have been developed.
 (B)Availability of codes as of date of enactmentThe Secretary of Health and Human Services shall— (i)promptly evaluate existing codes that would be used to bill for applicable remote patient monitoring services (as defined in paragraph (1)(A) of such section 1861(iii), as so added) under title XVIII of the Social Security Act; and
 (ii)if the Secretary determines that new codes are necessary to ensure accurate reporting and billing of such services under such title, issue such codes so that they are available for use as of the date of the enactment of this Act.
						(e)Home dialysis service
 (1)In generalSection 1881(b)(3) of the Social Security Act (42 U.S.C. 1395rr(b)(3)) is amended— (A)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
 (B)in clause (ii), as redesignated by subparagraph (A), strike on a comprehensive and insert subject to subparagraph (B), on a comprehensive; (C)by striking With respect to and inserting (A) With respect to; and
 (D)by adding at the end the following new subparagraph:  (B)For purposes of subparagraph (A)(ii), the following shall apply:
 (i)The monthly fee or other basis of payment described in such subparagraph shall allow for a patient-specific waiver process to allow a physician, clinical nurse specialist, nurse practitioner, or physician’s assistant to request a waiver under this title of face-to-face visit requirements for home dialysis furnished to individuals determined to have end stage renal disease.
 (ii)Any request under clause (i) shall include documentation by the physician or practitioner involved that supports active and adequate care of such individual receiving home dialysis.
 (iii)Any patient-specific waiver under clause (i) that is granted shall remain effective until such date that the Secretary, including through contractor under this title, requests that additional information or a new waiver application be filed.
 (iv)All individuals determined to have end stage renal disease receiving home dialysis shall receive a face-to-face examination at least once every three consecutive months and, in the intervening months, shall receive a monthly clinical assessment which may be furnished, if the patient so chooses, via remote monitoring by a physician, clinical nurse specialist, nurse practitioner, or physician’s assistant..
 (2)Conforming amendmentSection 1881(b)(1) of such Act (42 U.S.C. 1395rr(b)(1)) is amended by striking paragraph (3)(A) and inserting paragraph (3)(A)(i). (3)Effective dateThe amendments made by this subsection shall apply with respect to the monthly fee or other basis of payment for home dialysis services furnished on or after January 1, 2018.
 (f)Appropriate valuation of remote diagnostic test servicesSection 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)) is amended by adding at the end the following new subparagraph:

 (P)Adjustments for remote diagnostic testsIn determining practice expense relative value units for diagnostic tests described in section 1861(s)(3) that are provided remotely, the Secretary shall, in consultation with suppliers of remote diagnostic testing services, include in direct costs of supplies and equipment, the costs of the diagnostic device, clinical systems (including hardware and software), information transmission, and device delivery and installation. For purposes of this subsection, diagnostic tests described in section 1861(s)(3) that are provided remotely are such tests that are provided through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and a supplier. This subsection shall be implemented in a budget neutral manner..
			(g)Study and report; Sense of Congress
				(1)Study and report
 (A)StudyThe Comptroller General of the United States shall conduct a study that includes, at a minimum, the following:
 (i)The effectiveness of using telehealth services described in the second sentence of section 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(i)), as added by subsection (a)(4), between practitioners described in subparagraph (E)(ii) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)), as inserted by subsection (a)(3)(B)(ii), and patients, including with respect to patient satisfaction, provider responsiveness to patient needs and concerns, and the extent to which such telehealth services are at least comparable to face-to-face encounters.
 (ii)The savings to the Medicare program under title XVIII of such Act associated with telehealth services utilization for therapy for the additional telehealth services described in such sentence.
 (iii)The potential for greater use of telehealth services for forms of additional telehealth services not described in such sentence.
 (B)ReportNot later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subparagraph (A).
 (2)Sense of CongressIt is the sense of Congress that the telehealth expansion efforts initiated by the studies and reports on the use of telehealth and remote patient monitoring services under the Medicare Access and CHIP Reauthorization Act of 2015 are continued and furthered through the incremental expansion of telehealth and remote patient monitoring services under this Act.


		II
		111th CONGRESS
		2d Session
		S. 3699
		IN THE SENATE OF THE UNITED STATES

			August 4, 2010
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To prohibit the regulation of carbon dioxide emissions in
		  the United States until China, India, and Russia implement similar
		  reductions.

		1.Carbon dioxide reductions in
			 China, India, and RussiaNotwithstanding any other provision of law,
			 the Administrator of the Environmental Protection Agency or the head of any
			 other Federal agency shall not regulate carbon dioxide emissions until the date
			 on which the Secretary of Commerce certifies in writing that each of the
			 People’s Republic of China, the Republic of India, and Russia have initiated
			 measures that require carbon dioxide emission reductions that are substantially
			 similar to the carbon dioxide emission reductions proposed for the United
			 States.


110 HR 2123 IH: Nurse Staffing Standards for Patient Safety and Quality

U.S. House of Representatives
2007-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2123
		IN THE HOUSE OF REPRESENTATIVES

			May 3, 2007
			Ms. Schakowsky (for
			 herself, Mr. Stark,
			 Mr. Grijalva,
			 Mr. Kucinich,
			 Mrs. McCarthy of New York,
			 Mr. Nadler,
			 Mr. Oberstar,
			 Mr. Rangel,
			 Ms. Schwartz, and
			 Mr. Towns) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Public Health Service Act to establish
		  direct care registered nurse-to-patient staffing ratio requirements in
		  hospitals, and for other purposes.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited as the Nurse Staffing Standards for Patient Safety and Quality
			 Care Act of 2007.
			(b)FindingsCongress
			 finds the following:
				(1)The Federal
			 Government has a substantial interest in promoting quality care and improving
			 the delivery of health care services to patients in health care facilities in
			 the United States.
				(2)Recent changes in
			 health care delivery systems that have resulted in higher acuity levels among
			 patients in health care facilities increase the need for improved quality
			 measures in order to protect patient care and reduce the incidence of medical
			 errors.
				(3)Inadequate and
			 poorly monitored registered nurse staffing practices that result in too few
			 registered nurses providing direct care jeopardize the delivery of quality
			 health care services.
				(4)Numerous studies
			 have shown that patient outcomes are directly correlated to direct care
			 registered nurse staffing levels, including a 2002 Joint Commission on
			 Accreditation of Healthcare Organizations report that concluded that the lack
			 of direct care registered nurses contributed to nearly a quarter of the
			 unanticipated problems that result in injury or death to hospital
			 patients.
				(5)Requirements for
			 direct care registered nurse staffing ratios will help address the registered
			 nurse shortage in the United States by aiding in recruitment of new registered
			 nurses and improving retention of registered nurses who are considering leaving
			 direct patient care because of demands created by inadequate staffing.
				(6)Establishing
			 adequate minimum direct care registered nurse-to-patient ratios that take into
			 account patient acuity measures will improve the delivery of quality health
			 care services and guarantee patient safety.
				(7)Establishing safe
			 staffing standards for direct care registered nurses is a critical component of
			 assuring that there is adequate hospital staffing at all levels to improve the
			 delivery of quality care and protect patient safety.
				2.Minimum direct
			 care registered nurse staffing requirement
			(a)Minimum direct
			 care registered nurse staffing requirementThe
			 Public Health Service Act (42 U.S.C.
			 201 et seq.) is amended by adding at the end the following new title:

					XXXMinimum direct
				care registered nurse staffing requirement
						3001.Minimum nurse
				staffing requirement
							(a)Staffing
				plan
								(1)In
				generalA hospital shall implement a staffing plan that—
									(A)provides adequate,
				appropriate, and quality delivery of health care services and protects patient
				safety; and
									(B)is consistent with
				the requirements of this title.
									(2)Effective
				dates
									(A)Implementation
				of staffing planSubject to subparagraph (B), the requirements
				under paragraph (1) shall take effect not later than 1 year after the date of
				the enactment of this title.
									(B)Application of
				minimum direct care registered nurse-to-patient ratiosThe
				requirements under subsection (b) shall take effect as soon as practicable, as
				determined by the Secretary, but not later than 2 years after the date of the
				enactment of this title, or in the case of a hospital in a rural area (as
				defined in section 1886(d)(2)(D) of the Social
				Security Act), not later than 4 years after the date of the
				enactment of this title.
									(b)Minimum direct
				care registered nurse-to-patient ratios
								(1)In
				generalA hospital’s staffing plan shall provide that, during
				each shift within a unit of the hospital, a direct care registered nurse may be
				assigned to not more than the following number of patients in that unit,
				subject to paragraph (3):
									(A)1 patient in
				operating room units and trauma emergency units.
									(B)2 patients in
				critical care units, including emergency critical care and intensive care
				units, labor and delivery units, and postanesthesia units.
									(C)3 patients in
				antepartum units, emergency room units, pediatrics units, stepdown units, and
				telemetry units.
									(D)4 patients in
				intermediate care nursery units, medical/surgical units, and acute care
				psychiatric units.
									(E)5 patients in
				rehabilitation units.
									(F)6 patients in
				postpartum (3 couplets) units and well-baby nursery units.
									(2)Similar units
				with different namesThe Secretary may apply minimum direct care
				registered nurse-to-patient ratios established in paragraph (1) to a type of
				hospital unit not referred to in such paragraph if such other unit performs a
				function similar to the function performed by the unit referred to in such
				paragraph.
								(3)Adjustment of
				ratios
									(A)In
				generalIf necessary to protect patient safety, the Secretary may
				prescribe regulations that—
										(i)increase minimum
				direct care registered nurse-to-patient ratios under this subsection to further
				limit the number of patients that may be assigned to each direct care nurse;
				or
										(ii)add minimum
				direct care registered nurse-to-patient ratios for units not referred to in
				paragraphs (1) and (2).
										(B)ConsultationSuch
				regulations shall be prescribed after consultation with affected hospitals and
				registered nurses.
									(4)Relationship to
				State-imposed ratios
									(A)No preemption of
				certain State-imposed ratiosNothing in this title shall preempt
				State standards that the Secretary determines to be at least equivalent to
				Federal requirements for a staffing plan established under this title. Minimum
				direct care registered nurse-to-patient ratios established under this
				subsection shall not preempt State requirements that the Secretary determines
				are at least equivalent to Federal requirements for a staffing plan established
				under this title.
									(B)Satisfaction of
				certain Federal requirements with certain State-imposed nurse-to-patient
				ratiosStates that, at least 2 years prior to the date of the
				enactment of this title, have enacted minimum direct care nurse-to-patient
				ratios that allow the use of licensed practical nurses to meet State-imposed
				minimum direct care nurse-to-patient ratios may continue to make such
				allowance, and such allowance shall be considered to satisfy requirements
				imposed under this subsection, so long as the particular licensed practical
				nurse is employed in the same or a comparable position.
									(5)Exemption in
				emergencies
									(A)In
				generalThe requirements established under this subsection shall
				not apply during a declared state of emergency if a hospital is requested or
				expected to provide an exceptional level of emergency or other medical
				services.
									(B)Emergency
				definedFor purposes of subparagraph (A), the term declared
				state of emergency means a state of emergency that has been declared by
				the Federal Government or the head of the appropriate State or local
				governmental agency having authority to declare that the State, county,
				municipality, or locality is in a state of emergency, but such term does not
				include a state of emergency that results from a labor dispute in the health
				care industry or consistent understaffing.
									(c)Development and
				reevaluation of staffing plan
								(1)Considerations in
				development of planIn developing the staffing plan, a hospital
				shall provide for direct care registered nurse-to-patient ratios above the
				minimum direct care registered nurse-to-patient ratios required under
				subsection (b) if appropriate based upon consideration of the following
				factors:
									(A)The number of
				patients and acuity level of patients as determined by the application of an
				acuity system (as defined in section 3006(1)), on a shift-by-shift
				basis.
									(B)The anticipated
				admissions, discharges, and transfers of patients during each shift that
				impacts direct patient care.
									(C)Specialized
				experience required of direct care registered nurses on a particular
				unit.
									(D)Staffing levels
				and services provided by other health care personnel in meeting direct patient
				care needs not required by a direct care registered nurse.
									(E)The level of
				technology available that affects the delivery of direct patient care.
									(F)The level of
				familiarity with hospital practices, policies, and procedures by temporary
				agency direct care registered nurses used during a shift.
									(G)Obstacles to
				efficiency in the delivery of patient care presented by physical layout.
									(2)Documentation of
				staffingA hospital shall specify the system used to document
				actual staffing in each unit for each shift.
								(3)Annual
				reevaluation of plan and acuity system
									(A)In
				generalA hospital shall annually evaluate—
										(i)its staffing plan
				in each unit in relation to actual patient care requirements; and
										(ii)the accuracy of
				its acuity system.
										(B)UpdateA
				hospital shall update its staffing plan and acuity system to the extent
				appropriate based on such evaluation.
									(4)Registered nurse
				participationA staffing plan of a hospital shall be developed
				and subsequent reevaluations shall be conducted under this subsection on the
				basis of input from direct care registered nurses at the hospital or, where
				such nurses are represented through collective bargaining, from the applicable
				recognized or certified collective bargaining representative of such nurses.
				Nothing in this title shall be construed to permit conduct prohibited under the
				National Labor Relations Act or under the Federal Labor Relations Act.
								(d)Submission of
				plan to SecretaryA hospital shall submit to the Secretary its
				staffing plan and any annual updates under subsection (c)(3)(B). A federally
				operated hospital may submit its staffing plan through the department or agency
				operating the hospital.
							3002.Posting,
				records, and audits
							(a)Posting
				requirementsIn each unit, a hospital shall post a uniform notice
				in a form specified by the Secretary in regulation that—
								(1)explains
				requirements imposed under section 3001;
								(2)includes actual
				direct care registered nurse-to-patient ratios during each shift; and
								(3)is visible,
				conspicuous, and accessible to staff, patients, and the public.
								(b)Records
								(1)Maintenance of
				recordsEach hospital shall maintain accurate records of actual
				direct care registered nurse-to-patient ratios in each unit for each shift for
				no less than 3 years. Such records shall include—
									(A)the number of
				patients in each unit;
									(B)the identity and
				duty hours of each direct care registered nurse assigned to each patient in
				each unit in each shift; and
									(C)a copy of each
				notice posted under subsection (a).
									(2)Availability of
				recordsEach hospital shall make its records maintained under
				paragraph (1) available to—
									(A)the
				Secretary;
									(B)registered nurses
				and their collective bargaining representatives (if any); and
									(C)the public under
				regulations established by the Secretary, or in the case of a federally
				operated hospital, under section 552 of title 5, United States Code (commonly
				known as the Freedom of Information Act).
									(c)AuditsThe
				Secretary shall conduct periodic audits to ensure—
								(1)implementation of
				the staffing plan in accordance with this title; and
								(2)accuracy in
				records maintained under this section.
								3003.Minimum direct
				care licensed practical nurse staffing requirements
							(a)EstablishmentA
				hospital’s staffing plan shall comply with minimum direct care licensed
				practical nurse staffing requirements that the Secretary establishes for units
				in hospitals. Such staffing requirements shall be established not later than 18
				months after the date of the enactment of this title, and shall be based on the
				study conducted under subsection (b).
							(b)StudyNot
				later than 1 year after the date of the enactment of this title, the Secretary,
				acting through the Director of the Agency for Healthcare Research and Quality,
				shall complete a study of licensed practical nurse staffing and its effects on
				patient care in hospitals. The Director may contract with a qualified entity or
				organization to carry out such study under this paragraph. The Director shall
				consult with licensed practical nurses and organizations representing licensed
				practical nurses regarding the design and conduct of the study.
							(c)Application of
				registered nurse provisions to licensed practical nurse staffing
				requirementsParagraphs (2), (3), (4)(A), and (5) of section
				3001(b), section 3001(c), and section 3002 shall apply to the establishment and
				application of direct care licensed practical nurse staffing requirements under
				this section in the same manner that they apply to the establishment and
				application of direct care registered nurse-to-patient ratios under section
				3001.
							(d)Effective
				dateThe requirements of this section shall take effect as soon
				as practicable, as determined by the Secretary, but not later than 2 years
				after the date of the enactment of this title, or in the case of a hospital in
				a rural area (as defined in section 1886(d)(2)(D) of the
				Social Security Act), not later than 4
				years after the date of the enactment of this title.
							3004.Adjustment in
				reimbursement
							(a)Medicare
				reimbursementThe Secretary shall adjust payments made to
				hospitals (other than federally operated hospitals) under title XVIII of the
				Social Security Act in an amount equal
				to the net amount of additional costs incurred in providing services to
				medicare beneficiaries that are attributable to compliance with requirements
				imposed under sections 3001 through 3003. The amount of such payment
				adjustments shall take into account recommendations contained in the report
				submitted by the Medicare Payment Advisory Commission under subsection
				(c).
							(b)Authorization of
				appropriation for federally operated hospitalsThere are
				authorized to be appropriated such additional sums as are required for
				federally operated hospitals to comply with the additional requirements
				established under sections 3001 through 3003.
							(c)Medpac
				reportNot later than 2 years after the date of the enactment of
				this title, the Medicare Payment Advisory Commission (established under section
				1805 of the Social Security Act) shall
				submit to Congress and the Secretary a report estimating total costs and
				savings attributable to compliance with requirements imposed under sections
				3001 through 3003. Such report shall include recommendations on the need, if
				any, to adjust reimbursement for Medicare payments under subsection (a).
							3005.Protection of
				nurses and other individuals
							(a)Refusal of
				assignmentA nurse may refuse to accept an assignment as a nurse
				in a hospital if—
								(1)the assignment
				would violate section 3001 or 3003; or
								(2)the nurse is not
				prepared by education, training, or experience to fulfill the assignment
				without compromising the safety of any patient or jeopardizing the license of
				the nurse.
								(b)Retaliation for
				refusal of assignment barred
								(1)No discharge,
				discrimination, or retaliationNo hospital shall discharge,
				discriminate, or retaliate in any manner with respect to any aspect of
				employment (as defined in section 3006(5)), including discharge, promotion,
				compensation, or terms, conditions, or privileges of employment against a nurse
				based on the nurse’s refusal of a work assignment under subsection (a).
								(2)No filing of
				complaintNo hospital shall file a complaint or a report against
				a nurse with the appropriate State professional disciplinary agency because of
				the nurse’s refusal of a work assignment under subsection (a).
								(c)Cause of
				actionAny nurse who has been discharged, discriminated, or
				retaliated against in violation of subsection (b)(1) or against whom a
				complaint has been filed in violation of subsection (b)(2) may bring a cause of
				action in a United States district court. A nurse who prevails on the cause of
				action shall be entitled to one or more of the following:
								(1)Reinstatement.
								(2)Reimbursement of
				lost wages, compensation, and benefits.
								(3)Attorneys’
				fees.
								(4)Court
				costs.
								(5)Other
				damages.
								(d)Complaint to
				SecretaryA nurse or other individual may file a complaint with
				the Secretary against a hospital that violates the provisions of this title.
				For any complaint filed, the Secretary shall—
								(1)receive and
				investigate the complaint;
								(2)determine whether a
				violation of this title as alleged in the complaint has occurred; and
								(3)if such a
				violation has occurred, issue an order that the complaining nurse or individual
				shall not suffer any retaliation under subsection (b) or under subsection
				(e).
								(e)Protection for
				reporting
								(1)Retaliation
				barredA hospital shall not discriminate or retaliate in any
				manner with respect to any aspect of employment, including hiring, discharge,
				promotion, compensation, or terms, conditions, or privileges of employment
				against any individual who in good faith, individually or in conjunction with
				another person or persons—
									(A)reports a
				violation or a suspected violation of this title to the Secretary, a public
				regulatory agency, a private accreditation body, or the management personnel of
				the hospital;
									(B)initiates,
				cooperates, or otherwise participates in an investigation or proceeding brought
				by the Secretary, a public regulatory agency, or a private accreditation body
				concerning matters covered by this title; or
									(C)informs or
				discusses with other individuals or with representatives of hospital employees
				a violation or suspected violation of this title.
									(2)Good faith
				definedFor purposes of this subsection, an individual shall be
				deemed to be acting in good faith if the individual reasonably believes—
									(A)the information
				reported or disclosed is true; and
									(B)a violation of this
				title has occurred or may occur.
									(f)NoticeA
				hospital shall post in an appropriate location in each unit a conspicuous
				notice in a form specified by the Secretary that—
								(1)explains the
				rights of nurses and other individuals under this section;
								(2)includes a
				statement that a nurse or other individual may file a complaint with the
				Secretary against a hospital that violates the provisions of this title;
				and
								(3)provides
				instructions on how to file a complaint under paragraph (2).
								(g)Effective
				dates
								(1)Refusal;
				retaliation; cause of action
									(A)In
				generalSubsections (a) through (c) shall apply to refusals
				occurring on or after the effective date of the provision to which the refusal
				relates.
									(B)ExceptionSubsection
				(a)(2) shall not apply to refusals in any hospital before the requirements of
				section 3001(a) apply to that hospital.
									(2)Protections for
				reportingSubsection (e) shall apply to actions described in
				subparagraphs (A) and (C) of subsection (e)(1) occurring on or after the
				effective date of the provision to which the violation relates. Subsection (e)
				shall apply to initiation, cooperation, or participation in an investigation or
				proceeding on or after the date of the enactment of this title.
								(3)NoticeSubsection
				(f) shall take effect 18 months after the date of the enactment of this
				title.
								3006.DefinitionsFor purposes of this title:
							(1)Acuity
				systemThe term acuity system means an established
				measurement tool that—
								(A)predicts nursing
				care requirements for individual patients based on severity of patient illness,
				need for specialized equipment and technology, intensity of nursing
				interventions required, and the complexity of clinical nursing judgment needed
				to design, implement, and evaluate the patient’s nursing care plan;
								(B)details the amount
				of nursing care needed, both in number of nurses and in skill mix of nursing
				personnel required, on a daily basis, for each patient in a nursing department
				or unit;
								(C)takes into
				consideration the patient care services provided not only by registered nurses
				but also by direct care licensed practical nurses and other health care
				personnel; and
								(D)is stated in terms
				that can be readily used and understood by nurses.
								(2)Direct care
				licensed practical nurseThe term direct care licensed
				practical nurse means an individual who has been granted a license by at
				least 1 State to practice as a licensed practical nurse or a licensed
				vocational nurse and who provides bedside care for 1 or more patients.
							(3)NurseThe
				term nurse means any direct care registered nurse or direct care
				licensed practical nurse (as the case may be), regardless of whether or not the
				nurse is an employee.
							(4)Direct care
				registered nurseThe term direct care registered
				nurse means an individual who has been granted a license by at least 1
				State to practice as a registered nurse and who provides bedside care for 1 or
				more patients.
							(5)EmploymentThe
				term employment includes the provision of services under a
				contract or other arrangement.
							(6)HospitalThe
				term hospital has the meaning given that term in section 1861(e)
				of the Social Security Act, and
				includes a hospital that is operated by the Department of Veterans Affairs, the
				Department of Defense, the Indian Health Services Program, or any other
				department or agency of the United States.
							(7)Staffing
				planThe term staffing plan means a staffing plan
				required under section
				3001.
							.
			(b)Recommendations
			 to CongressNo later than 1 year after the date of the enactment
			 of this Act, the Secretary of Health and Human Services shall submit to
			 Congress a report containing recommendations for ensuring that sufficient
			 numbers of nurses are available to meet the requirements imposed by title XXX
			 of the Public Health Service Act, as
			 added by subsection (a).
			3.Enforcement of
			 requirements through Federal programs
			(a)Medicare
			 programSection 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is
			 amended—
				(1)by striking
			 and at the end of subparagraph (U);
				(2)by striking the
			 period at the end of subparagraph (V) and inserting , and;
			 and
				(3)by inserting after
			 subparagraph (V) the following:

						(W)in the case of a hospital, to comply
				with the provisions of title XXX of the Public
				Health Service
				Act.
						.
				(b)Medicaid
			 programThe first sentence of section 1902(a) of the
			 Social Security Act (42 U.S.C.
			 1396(a)) is amended—
				(1)by striking
			 and at the end of paragraph (69);
				(2)by striking the
			 period at the end of paragraph (70) and inserting ; and;
			 and
				(3)by inserting after
			 paragraph (70) the following new paragraph:

						(71)provide that any
				hospital receiving payments under such plan must comply with the provisions of
				title XXX of the Public Health Service
				Act.
						.
				(c)Health benefits
			 program of the Department of Veterans AffairsSection 8110(a) of
			 title 38, United States Code, is amended by adding at the end the following new
			 paragraph:

					(7)In the case of a Department medical
				facility that is a hospital, the hospital shall comply with the provisions of
				title XXX of the Public Health Service
				Act.
					.
			(d)Health benefits
			 program of the Department of Defense
				(1)In
			 generalChapter 55 of title 10, United States Code, is amended by
			 adding at the end the following new section:

						1110a.Staffing
				requirementsIn the case of a
				facility of the uniformed services that is a hospital, the hospital shall
				comply with the provisions of title XXX of the Public Health Service
				Act.
						.
				(2)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by inserting after the item relating to section 1110 the following
			 new item:

							1110a. Staffing
				requirements.

						.
				(e)Indian Health
			 Services ProgramTitle VIII of the
			 Indian Health Care Improvement Act
			 (25 U.S.C. 1671 et seq.) is amended by adding at the end the following new
			 section:

					826.Staffing
				requirementsA hospital of the
				Service shall comply with the provisions of title XXX of the
				Public Health Service
				Act.
					.


114 S1046 IS: Smart Building Acceleration Act
U.S. Senate
2015-04-22
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.

		II
		114th CONGRESS1st Session
		S. 1046
		IN THE SENATE OF THE UNITED STATES

			April 22, 2015
			Ms. Cantwell introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To accelerate the adoption of smart building technologies in the private sector and key Federal
			 agencies.

		1.Short title
 This Act may be cited as the Smart Building Acceleration Act.
 2.FindingsCongress finds that— (1)the building sector uses more than 40 percent of the energy of the Nation;
 (2)emerging building energy monitoring and control technologies are enabling a transition of the building sector to smart buildings that have dramatically reduced energy use and improved quality of service to occupants;
 (3)an analysis of select private-sector smart buildings by the Department of Energy would document the costs and benefits of those emerging technologies, promote their adoption, and accelerate that transition;
 (4)with over 400,000 buildings, the Federal Government is the largest building owner in the United States; and
 (5)the Federal Government can also accelerate the transition to smart building technologies by demonstrating and evaluating emerging smart building technologies using existing programs and funding to showcase selected Federal smart buildings.
 3.DefinitionsIn this Act: (1)ProgramThe term program means the smart building program established under section 5(a).
 (2)SecretaryThe term Secretary means the Secretary of Energy. (3)Smart buildingThe term smart building means a building with an energy system that—
 (A)is flexible and automated; (B)has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions;
 (C)is integrated with the overall building operations for control of energy generation, consumption, and storage; and
 (D)communicates with utilities and other third party commercial entities where appropriate. 4.Survey of private sector smart buildings (a)SurveyThe Secretary shall conduct a survey of privately owned smart buildings throughout the Nation, including commercial buildings and buildings owned by nonprofit organizations and institutions of higher education.
 (b)SelectionFrom among the smart buildings surveyed under subsection (a), the Secretary shall select at least 1 building each from an appropriate range of building sizes and types.
 (c)EvaluationUsing the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under subsection (b), including an identification of—
 (1)which advanced building technologies— (A)are most cost-effective; and
 (B)show the most promise for— (i)increasing building energy savings;
 (ii)increasing service performance to building occupants; and (iii)reducing environmental impacts; and
 (2)any other information the Secretary determines to be appropriate. 5.Federal smart building program (a)EstablishmentThe Secretary shall establish a program to establish 1 or more smart buildings under the jurisdiction of several key Federal agencies, including buildings that are owned by the Federal Government but are commercially operated, to demonstrate the costs and benefits of smart buildings.
 (b)Federal agency describedThe key Federal agencies referred to in subsection (a) shall include— (1)the Department of Defense;
 (2)the Department of Energy; (3)the Department of Veterans Affairs; and
 (4)the General Services Administration. (c)RequirementIn carrying out the program, the Secretary shall leverage existing procurement mechanisms.
 (d)EvaluationUsing the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under this section including an identification of—
 (1)which advanced building technologies— (A)are most cost-effective; and
 (B)show the most promise for— (i)increasing building energy savings;
 (ii)increasing service performance to building occupants; and (iii)reducing environmental impacts; and
 (2)any other information the Secretary determines to be appropriate. 6.Leveraging existing programs (a)Better Building ChallengeAs part of the Better Building Challenge of the Department of Energy, the Secretary shall develop a smart building accelerator in consultation with major private sector property owners to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings.
			(b)Research and development
 (1)In generalThe Secretary shall conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings.
 (2)InclusionThe research and development conducted under paragraph (1) shall include research and development on—
 (A)physical components, such as sensors and controls; (B)reducing the cost of key components to accelerate the adoption of smart building technologies;
 (C)data management, including the capture and analysis of data and the interoperability of the energy systems;
 (D)business models, including how business models may limit the adoption of smart building technologies and how to support transactive energy;
 (E)characterization of buildings and components; (F)consumer and utility protections;
 (G)continuous management, including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders; and
 (H)other areas of research and development, as determined appropriate by the Secretary. 7.ReportNot later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on—
 (1)the survey and evaluation of private sector smart buildings carried out under section 4; (2)the evaluation of Federal smart buildings carried out under section 5; and
 (3)any recommendations of the Secretary to further accelerate the transition to smart buildings.


116 SRES 460 ATS: Congratulating the American Geophysical Union on the occasion of its centennial.
U.S. Senate
2019-12-19
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.

III116th CONGRESS1st SessionS. RES. 460IN THE SENATE OF THE UNITED STATESDecember 19, 2019Mr. Cardin (for himself and Ms. Murkowski) submitted the following resolution; which was considered and agreed toRESOLUTIONCongratulating the American Geophysical Union on the occasion of its centennial.

 Whereas, in December 1919, the National Research Council organized the American Geophysical Union— (1)to represent the United States in the International Union of Geodesy and Geophysics of the International Research Council; and
 (2)to serve as the Committee on Geophysics of the National Research Council to promote work in the fields of astronomy, geodesy, geology, meteorology, seismology, terrestrial electricity and magnetism, and volcanology;
 Whereas, in 1972, the American Geophysical Union was incorporated as an independent organization; Whereas, in 2019, the American Geophysical Union has more than 60,000 members in 137 countries;
 Whereas the mission of the American Geophysical Union is to promote discovery in Earth and space sciences for the benefit of humanity;
 Whereas Earth and space sciences are international endeavors that transform human understanding of the planet, from the core through the atmosphere of the planet and into the universe beyond;
 Whereas Earth and space sciences drive basic and applied research that has led to critical health, environmental, commercial, and technological breakthroughs that have inspired individuals throughout the world, strengthened economies, and raised standards of living;
 Whereas Earth and space sciences help individuals— (1)understand and formulate solutions for the critical challenges facing the planet;
 (2)become better stewards of natural resources, such as energy, water, and minerals, for current and future generations; and
 (3)comprehend and mitigate the effects of terrestrial, manmade, and space disasters, which protects communities worldwide;
 Whereas Earth and space sciences are critical components of a science, technology, engineering, arts, and mathematics (in this preamble referred to as STEAM) education and inspire students of all ages to become citizen scientists and future leaders in STEAM fields;
 Whereas Earth and space sciences seek to discover the origins of humanity, the planet, and the universe, and are a source of awe for past, current, and future generations; and
 Whereas December 2019 marks the 100th anniversary of the establishment of the American Geophysical Union: Now, therefore, be it

 That the Senate— (1)congratulates the American Geophysical Union on the occasion of its centennial;
 (2)supports increasing the understanding of and interest in Earth and space sciences at the local, national, and international levels;
 (3)encourages the scientific community to engage in public outreach so that individuals of all ages and backgrounds gain a better understanding of and appreciation for the value of Earth and space sciences to daily life and quality of life;
 (4)expresses support for the free and open exchange of ideas in Earth and space sciences; (5)recognizes the important role of governments in fostering Earth and space scientific research, including contributing to higher-risk and longer-term investigations and providing funding for the basic and applied research necessary for human welfare;
 (6)encourages international cooperation in efforts relating to Earth and space sciences to foster the global exchange of knowledge and collaboration among scientists worldwide for the benefit of humanity; and
 (7)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to the executive director and chief executive officer of the American Geophysical Union.