		II
		111th CONGRESS
		2d Session
		S. 3968
		IN THE SENATE OF THE UNITED STATES

			November 18, 2010
			Mr. Dodd (for himself
			 and Mr. Casey) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To establish a National Council on Children, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Children’s Act of
			 2010.
		2.Establishment of
			 CouncilThere is established a
			 council to be known as the National Council on Children (referred to in this
			 Act as the Council).
		3.Purposes of
			 CouncilThe purposes of the
			 Council are the following:
			(1)To conduct a
			 comprehensive study to examine and assess the health, safety, and learning
			 needs of children.
			(2)To examine
			 systems for children’s programs and assess ways to increase spending in
			 preventive services for children and youth in order to improve outcomes.
			(3)To build upon the
			 evaluations of other entities and avoid unnecessary duplication, by reviewing
			 the findings, conclusions, and recommendations of previous commissions, the
			 Federal Government, State and local governments, and nongovernmental entities,
			 relating to the health, safety, and learning needs of children.
			(4)To submit a
			 report to the President and Congress on specific findings, conclusions, and
			 recommendations to address the health, safety, and learning needs of
			 children.
			(5)Upon completion
			 of the study and issuance of recommendations to address the needs of children,
			 to transition and annually assess the performance of the United States in
			 ensuring the well-being of children, and make recommendations to improve
			 children’s well-being, by—
				(A)establishing
			 national goals for improving children’s well-being and developing year-to-year
			 targets for improvement to determine how the United States fares with respect
			 to achieving the national goals, in accordance with section 6(b)(1);
				(B)identifying and
			 selecting national indicators of child well-being to measure children’s
			 positive and negative development in accordance with section 6(b)(3), and
			 assessing how the United States fares with respect to achieving the national
			 goals as described in subparagraph (A);
				(C)making
			 legislative and budgetary recommendations to Congress and the President to
			 achieve the national goals, in accordance with paragraphs (4) and (5) of
			 section 6(b), which may include recommendations regarding—
					(i)policy;
					(ii)systemic
			 reforms;
					(iii)incentives for
			 States;
					(iv)methods for
			 outcomes analysis;
					(v)public
			 information; and
					(vi)community
			 outreach.
					4.Composition
			(a)Date of
			 appointmentMembers of the Council shall be appointed during the
			 period beginning on February 6, 2011, and ending on March 31, 2011.
			(b)MembersThe
			 Council shall be composed of 24 members, of whom—
				(1)8 members, not
			 more than 4 of whom may be of the same political party, shall be appointed by
			 the President;
				(2)4 members shall
			 be appointed by the majority leader of the Senate, after consultation with the
			 chairperson and ranking member of—
					(A)the Committee on
			 Finance;
					(B)the Committee on
			 Health, Education, Labor, and Pensions;
					(C)the Committee on
			 Appropriations; and
					(D)other relevant
			 committees of the Senate, as determined by the majority leader of the
			 Senate;
					(3)4 members shall
			 be appointed by the minority leader of the Senate, after consultation with the
			 chairperson and ranking member of—
					(A)the Committee on
			 Finance;
					(B)the Committee on
			 Health, Education, Labor, and Pensions;
					(C)the Committee on
			 Appropriations; and
					(D)other relevant
			 committees of the Senate, as determined by the minority leader of the
			 Senate;
					(4)4 members shall
			 be appointed by the Speaker of the House of Representatives, after consultation
			 with the chairperson and ranking member of—
					(A)the Committee on
			 Ways and Means;
					(B)the Committee on
			 Energy and Commerce;
					(C)the Committee on
			 Education and Labor;
					(D)the Committee on
			 Appropriations; and
					(E)other relevant
			 committees of the House of Representatives, as determined by the Speaker of the
			 House of Representatives; and
					(5)4 members shall
			 be appointed by the minority leader of the House of Representatives, after
			 consultation with the chairperson and ranking member of—
					(A)the Committee on
			 Ways and Means;
					(B)the Committee on
			 Energy and Commerce;
					(C)the Committee on
			 Education and Labor;
					(D)the Committee on
			 Appropriations; and
					(E)other relevant
			 committees of the House of Representatives, as determined by the minority
			 leader of the House of Representatives.
					(c)Chairperson,
			 vice-Chairperson, and meetingsNot later than 30 days after the
			 date on which all members of the Council have been appointed under subsection
			 (a), the members shall meet to elect a Chairperson and Vice Chairperson from
			 among such members and shall determine a schedule of Council meetings.
			(d)Council
			 representation and qualifications
				(1)Knowledge or
			 experienceEach member of the Council, including each member
			 appointed under paragraph (2), shall have substantial knowledge or experience
			 relating to—
					(A)(i)child or adolescent
			 development (including early childhood development); and
						(ii)child health, social and
			 behavioral development, and education;
						(B)indicators of
			 child well-being;
					(C)neurology and
			 brain development;
					(D)law;
					(E)finance and
			 economics;
					(F)policy, programs,
			 or research relating to children and their families;
					(G)methods of proven
			 preventive practice and policy to promote optimal child outcomes; or
					(H)functions of the
			 family, family strengthening, and parent involvement.
					(2)Represented
			 groups
					(A)Appointments by
			 the PresidentIn carrying out subsection (b)(1)(A), the President
			 shall appoint—
						(i)1
			 individual who represents an organization that—
							(I)provides services
			 to children;
							(II)is involved in
			 activities on behalf of children; or
							(III)has engaged in
			 academic research with respect to the problems and needs of children;
							(ii)1
			 individual who represents elected or appointed public officials (at the
			 Federal, State, or local level) involved in issues and programs relating to
			 children;
						(iii)1
			 individual who represents parents (including fathers), relative caregivers and
			 guardians, or parents’ organizations; and
						(iv)not less than 1
			 other individual who represents any of the groups described in clauses (i),
			 (ii), and (iii).
						(B)Appointments by
			 congressional leadersNot less than 1 of the 4 individuals that
			 the majority leader of the Senate, the minority leader of the Senate, the
			 Speaker of the House of Representatives, and the minority leader of the House
			 of Representatives each appoint as members of the Council shall be a
			 representative of not less than one of the groups described in clauses (i)
			 through (iii) of subparagraph (A).
					(C)Other
			 groupsA Council member appointed under this subsection may, in
			 addition to meeting all other requirements of this paragraph, be a
			 representative of—
						(i)a
			 philanthropy focused on the needs of children;
						(ii)the business
			 sector;
						(iii)a
			 public safety organization;
						(iv)a
			 civil rights organization;
						(v)an
			 institution of higher education;
						(vi)a
			 senior citizen organization; or
						(vii)the
			 media.
						(3)Consultation
			 with relevant committeesThe appointments made under
			 subparagraphs (A) and (B) of paragraph (2) shall be made in consultation with
			 the chairpersons and ranking members of—
					(A)the Committee on
			 Health, Education, Labor, and Pensions and the Committee on Finance of the
			 Senate; and
					(B)the Committee on
			 Education and Labor, the Committee on Energy and Commerce, and the Committee on
			 Ways and Means of the House of Representatives.
					(e)Period of
			 appointment
				(1)Length of
			 termEach member of the Council shall serve a 2-year term, except
			 as provided in paragraph (3).
				(2)Consecutive
			 termsA member of the Council may be reappointed at the end of
			 the member's first term, but may not serve for more than 1 additional 2-year
			 term.
				(3)ExceptionNotwithstanding
			 paragraph (2), an active member of Congress or an employee of the Federal
			 Government may only serve as a member of the Council for the first 2-year term
			 of the Council or until the report described in section 5(b) has been finalized
			 and submitted, whichever is later, and may not be reappointed after the end of
			 such period.
				(4)ContinuityNotwithstanding
			 paragraphs (2) and (3), a member may serve after the expiration of the member’s
			 term until the member’s successor has taken office.
				(f)Quorum and
			 vacancy
				(1)QuorumA
			 majority of the members of the Council shall constitute a quorum, but a lesser
			 number of members may hold hearings.
				(2)VacancyAny
			 vacancy in the Council shall—
					(A)not affect the
			 powers of the Council; and
					(B)be filled in the
			 same manner in which the original appointment was made.
					5.Duties
			(a)Comprehensive
			 studyPursuant to section 3(1), the Council shall conduct a
			 comprehensive study that examines and assesses the needs of children, including
			 specific findings relating to the following domains:
				(1)Health and
			 safetyThe Council shall study children's health and safety,
			 including how to—
					(A)reduce infant
			 mortality and the number of babies with low birth-weight;
					(B)reduce the number
			 of children with chronic illnesses and disabilities;
					(C)improve the
			 nutrition of children and promote the physical fitness of children;
					(D)reduce child
			 mortality rates and the suicide rate for children and youth;
					(E)improve mental
			 health outcomes for infants, toddlers, preschoolers, children, and
			 youth;
					(F)ensure that
			 pregnant women and teenagers receive adequate prenatal care and
			 education;
					(G)improve the
			 provision of health care for foster care children and other vulnerable
			 populations;
					(H)ensure that all
			 children have access to both preventive and acute health care services,
			 including dental, vision, and mental health care;
					(I)improve the
			 quality and availability of health care coverage, including dental, vision, and
			 mental health care, for children;
					(J)reduce the number
			 of children with dental disease through prevention, family education, and
			 disease management;
					(K)improve
			 coordination of care among child health services; and
					(L)improve health
			 and safety standards in child care settings.
					(2)Social and
			 emotional developmentThe Council shall study the social and
			 emotional development of children, including how to—
					(A)prevent and treat
			 child abuse and neglect;
					(B)improve the
			 provision of services and supports to vulnerable parents and families,
			 including those affected by poverty, violence, substance abuse, and parental
			 depression;
					(C)improve
			 counseling services for children;
					(D)strengthen family
			 functioning;
					(E)improve the
			 quality of early care and education and increase access to such
			 services;
					(F)improve foster
			 care and adoption services, safely reduce the number of children in foster
			 care, and increase permanency;
					(G)reduce violent
			 crime victimization rates among youth;
					(H)provide services
			 effectively for youth in transition to adulthood, particularly for vulnerable
			 youth;
					(I)reduce cigarette
			 smoking and illicit drug and alcohol use by children and youth, and support
			 children affected (including children affected prenatally and in the early
			 years) by parental substance use and abuse; and
					(J)reduce the
			 incidence of teenage pregnancy.
					(3)Education and
			 intellectual developmentThe Council shall study education and
			 the intellectual development of children, including—
					(A)how to encourage
			 academic excellence for all children at all levels of education;
					(B)how to improve
			 access to high-quality early care and education opportunities to enhance
			 educational achievement;
					(C)how to improve
			 the qualifications of teachers and early care and education providers and
			 ensure that schools can better prepare our youth for the competitive global
			 economy;
					(D)how parents,
			 communities, schools, and early childhood programs can work together to help
			 children achieve success at each step of the academic ladder;
					(E)how to encourage
			 students to complete secondary school and remain in school to fulfill the
			 students' academic potential and how to reengage students who drop out of
			 school;
					(F)how to
			 improve—
						(i)school stability,
			 including stability in postsecondary education, for pregnant, parenting,
			 homeless, and foster youth; and
						(ii)the provision of
			 support services for such youth;
						(G)how schools and
			 early childhood programs can better meet—
						(i)the
			 needs of the diverse children of the United States, including the needs of
			 children from various ethnic and racial backgrounds; and
						(ii)the special
			 needs of children with disabilities and children with limited English
			 proficiency;
						(H)how to leverage
			 data, standards, assessments, and accountability systems to appropriately
			 improve educational opportunities for all children;
					(I)how to improve
			 access to affordable higher education opportunities for all youth, particularly
			 for low- and moderate-income youth, including improving such access for youth
			 in foster care and former foster care youth; and
					(J)how to improve
			 access to and quality of after-school and youth development programs.
					(4)Economic
			 securityThe Council shall study economic security and tax
			 policy, including—
					(A)how to reduce
			 short- and long-term poverty among children;
					(B)how to ensure
			 that parents support their children to the fullest extent possible;
					(C)how to ensure
			 that cash assistance to needy children is adequate;
					(D)how to ensure
			 that child care assistance to families is adequate;
					(E)how to ensure the
			 equitable tax treatment of families with children;
					(F)the effect of
			 existing tax provisions, including the dependent care tax credit, the earned
			 income tax credit, and the child tax credit, on children living in poverty, as
			 well as children in other low and moderate income working families;
					(G)whether and how
			 the dependent care tax credit should be modified and the effect of such a
			 policy;
					(H)whether and how
			 the earned income tax credit should be modified and the effect of such a
			 policy;
					(I)whether and how
			 the child tax credit should be modified and the effect of such a policy;
			 and
					(J)whether other
			 tax-related policies would reduce poverty among children, and improve child
			 well-being generally.
					(5)Other
			 domainsIn addition to making the findings described in
			 paragraphs (1) through (4), the Council shall—
					(A)(i)identify ways in which
			 public and private organizations and institutions can work together at the
			 community level to identify deficiencies in existing services (as of the time
			 of the study) for children and families; and
						(ii)develop recommendations to ensure
			 that the needs of families and children are met, using all available resources,
			 in a coordinated and comprehensive manner;
						(B)(i)assess the existing
			 capacities of agencies to collect and analyze data on the status of children
			 and on relevant programs;
						(ii)identify gaps in the data
			 collection system for such data; and
						(iii)recommend ways to improve the
			 collection of data and the coordination among agencies in the collection and
			 utilization of such data;
						(C)identify, review,
			 and evaluate pertinent laws, regulations, policies, and programs existing as of
			 the time of the study that are relevant to the needs of children;
					(D)identify
			 promising approaches to ensuring that all children have equal access to
			 high-quality programs, services, and resources, irrespective of—
						(i)geographic
			 location;
						(ii)ethnic and
			 racial background;
						(iii)special needs;
			 or
						(iv)disabilities;
						(E)identify ways to
			 ensure the integration of policies, programs, and efforts across the domains
			 described in paragraphs (1) through (4);
					(F)identify ways to
			 ensure the integration of policies, programs, and efforts for children across
			 age groups, including infants, toddlers, preschoolers, children, and
			 youth;
					(G)identify ways to
			 promote proven practices with a return on investment for children and youth;
			 and
					(H)identify ways to
			 incentivize Federal agencies and State governments to promote prevention
			 practices and policies, rather than a crisis response, in addressing children’s
			 needs.
					(b)Report
				(1)In
			 generalThe Council shall prepare, in accordance with this
			 subsection—
					(A)an interim report
			 not later than 1 year after the date of the first meeting of the Council;
			 and
					(B)a final report
			 not later than 2 years after the date of the first meeting of the
			 Council.
					(2)ContentThe
			 Council shall include, in each report described in paragraph (1), the specific
			 findings and conclusions from the Council's study and the recommendations of
			 the Council addressing the needs of children, including specific
			 recommendations on the need for actions, policies, regulations, and legislative
			 changes as the Council considers appropriate.
				(3)InformationThe
			 Council shall hold regional public hearings to collect information for the
			 report and shall make such information available for use by the public.
				(4)Testimony,
			 data, and findingsEach report described in paragraph (1)
			 shall—
					(A)be based upon the
			 testimony received in the hearings conducted pursuant to paragraph (3) and
			 section 8(a), and upon other data and findings developed by the Council;
			 and
					(B)be agreed to by a
			 majority of the Council members.
					(5)RecipientsThe
			 Council shall submit each report described in paragraph (1) to—
					(A)the
			 President;
					(B)the Committee on
			 Finance and the Committee on Health, Education, Labor, and Pensions of the
			 Senate; and
					(C)the Committee on
			 Ways and Means, the Committee on Education and Labor, and the Committee on
			 Energy and Commerce of the House of Representatives.
					(6)Additional
			 reportsThe Council may issue additional reports as the Council
			 determines necessary.
				6.Transition
			 period and ongoing duties
			(a)Transition and
			 planning periodImmediately after submitting a final report
			 described in section 5(b)(1)(B), the Council shall begin a 60-day period during
			 which the Council shall plan how to transition to the ongoing duties described
			 in subsection (b).
			(b)DutiesAfter
			 the transition and planning period described in subsection (a), the Council
			 shall begin to annually assess the performance of the United States in ensuring
			 the well-being of children, and to make recommendations to improve children’s
			 well-being, by carrying out the following:
				(1)Setting
			 national goals and targets
					(A)Establishment
			 of goals and targetsNot later than 1 year after the issuance of
			 the final report under section 5(b), the Council shall—
						(i)establish
			 national goals to help guide the selection of national indicators of child
			 well-being, and of systems indicators to improve child well-being and to
			 promote prevention practices, in each domain described in paragraph
			 (3)(A);
						(ii)develop
			 year-to-year targets to measure improvements in such national indicators and
			 systems indicators toward achieving the national goals; and
						(iii)in carrying out
			 clauses (i) and (ii), review and consider any existing national goals and
			 year-to-year targets.
						(B)RevisionsThe
			 Council may, as the Council determines appropriate, revise the national goals
			 and year-to-year targets established under subparagraph (A).
					(2)Accountability
			 through annual evaluationThe Council shall annually evaluate the
			 progress of the United States toward achieving the national goals and
			 year-by-year targets under paragraph (1)(A).
				(3)Defining the
			 domains of child well-beingThe Council shall define each domain
			 of child well-being described in paragraphs (1) through (4) of section
			 5(a).
				(4)Indicators of
			 child well-being
					(A)National
			 indicatorsFor purposes of this Act, the indicators of child
			 well-being selected under subparagraph (B)(ii), including any modifications to
			 such indicators made in accordance with subparagraph (D)(i), shall be known as
			 the national indicators of child well-being.
					(B)Establishing
			 the national indicators of child well-beingThe Council shall
			 establish the initial national indicators of child well-being by—
						(i)identifying
			 existing indicators of child well-being in each domain defined under paragraph
			 (3); and
						(ii)selecting
			 indicators of child well-being in each domain that meet the requirements of
			 subparagraph (C) and that directly correspond to the national goals established
			 under paragraph (1)(A).
						(C)Reliability and
			 measurementIn order to be selected as a national indicator of
			 child well-being, an indicator shall be—
						(i)reliable, valid,
			 and grounded in scientific theory and research in existence as of the date of
			 the selection or revision of the indicator;
						(ii)measured
			 regularly to assess trends over time;
						(iii)measured across
			 population subgroups;
						(iv)culturally
			 appropriate and relevant;
						(v)disaggregated, to
			 the extent practicable, by social characteristics such as gender, age, race,
			 ethnicity, poverty status, family structure, immigrant status of the child and
			 the child’s parents, educational level, and disability status;
						(vi)measured across
			 age-groups, in order to set a standard to be utilized in future research or
			 surveys; and
						(vii)measured across
			 consistent demographic criteria in order to identify appropriate social
			 characteristics and race categories, setting a standard to be utilized in
			 future research or surveys.
						(D)ModificationsThe
			 Council shall modify the national indicators of child well-being as the Council
			 determines appropriate by—
						(i)revising the
			 national indicators of child well-being (including by adding or removing
			 indicators); and
						(ii)identifying or,
			 as necessary, providing research and recommendations to support the development
			 of, new or improved indicators of child well-being in such domains.
						(5)Providing
			 legislative recommendations
					(A)In
			 generalNot later than 1 year after the Council establishes
			 national goals under paragraph (1)(A), and annually thereafter, the Council
			 shall submit to Congress specific legislative recommendations, including
			 specific legislative language to achieve the national goals.
					(B)Notice and
			 commentThe annual legislative recommendations made by the
			 Council under subparagraph (A) shall be subject to notice and opportunity for
			 comment by the public for not less than 60 days before the submission of the
			 legislative recommendations to Congress, and such notice and comments shall be
			 published in the Federal Register.
					(6)Providing
			 recommendations
					(A)In
			 generalNot later than 1 year after the Council establishes
			 national goals under paragraph (1)(A), and annually thereafter, the Council
			 shall submit, in a timely manner for consideration in the budget process, the
			 recommendations described in subparagraphs (B), (C), and (D) to the President,
			 the chairperson and ranking member of the Committee on the Budget of the House
			 of Representatives, and the chairperson and ranking member of the Committee on
			 the Budget of the Senate.
					(B)Budgetary
			 recommendationsThe Council shall submit budgetary
			 recommendations as to the amount of funding required by Federal departments and
			 agencies for the purpose of achieving the national goals.
					(C)Reporting
			 recommendationsThe Council shall submit specific recommendations
			 for how Federal expenditures for children and youth should be reported in order
			 to determine what percentage of those expenses are spent on prevention
			 services.
					(D)Recommendations
			 regarding needs and distribution of Federal resourcesThe Council
			 shall submit specific recommendations as to what Federal resources are required
			 by, and how the Federal resources should be distributed to, the States in order
			 to best achieve—
						(i)the
			 national goals; and
						(ii)goals developed
			 by the States to improve children’s well-being, if applicable.
						(7)Annual
			 report
					(A)In
			 generalNot later than September 30 of the year following the
			 year the Council establishes initial national goals under paragraph (1)(A), and
			 each September 30 thereafter, the Council shall prepare and submit to the
			 President and Congress a report entitled National Indicators of Child
			 Well-being: A Report Card that shall—
						(i)assess the status
			 of the United States in achieving the national goals and year-by-year targets
			 established and developed under subparagraphs (B) and (C) of paragraph (1);
			 and
						(ii)present, as
			 appropriate, available data relating to children on health, education, personal
			 development, housing, employment, insurance, prevention, and early
			 intervention.
						(B)Public
			 inputIn determining the findings, conclusions, and
			 recommendations to include in the report described in subparagraph (A), the
			 Council shall seek input from the public, particularly—
						(i)parents;
						(ii)educators;
						(iii)pediatricians;
						(iv)pediatric nurse
			 practitioners;
						(v)mental health
			 professionals;
						(vi)child welfare
			 professionals;
						(vii)psychiatrists;
						(viii)psychologists;
						(ix)behavioral
			 scientists;
						(x)social
			 workers;
						(xi)demographers;
			 and
						(xii)representatives
			 of organizations with a broad range of expertise in—
							(I)child
			 development;
							(II)indicators of
			 child well-being; or
							(III)policy,
			 programs, or research relating to children and their families.
							(8)Use of national
			 indicators of child well-beingThe Council or a Federal
			 department or agency that elects to use the national indicators of child
			 well-being shall use the indicators only to—
					(A)identify positive
			 and negative trends in child well-being;
					(B)identify policies
			 or programs that are deserving of rigorous, formal evaluation;
					(C)describe or
			 elucidate circumstances and particular trends and patterns, in the areas of
			 positive and negative outcomes for children;
					(D)monitor or track
			 positive and negative outcomes for children; or
					(E)set goals or
			 establish measurable targets or thresholds.
					7.Powers
			(a)HearingsThe
			 Council may hold such hearings, meet and act at such times and places, and
			 receive such evidence as may be necessary to carry out the functions of the
			 Council.
			(b)Information
			 from Federal agencies
				(1)In
			 generalThe Council may access, to the extent authorized by law,
			 from any executive department, bureau, agency, board, commission, office,
			 independent establishment, or instrumentality of the Federal Government such
			 information, suggestions, estimates, and statistics as the Council considers
			 necessary to carry out this Act.
				(2)Provision of
			 informationOn written request of the Chairperson of the Council,
			 each department, bureau, agency, board, commission, office, independent
			 establishment, or instrumentality shall, to the extent authorized by law,
			 provide the requested information to the Council.
				(3)Receipt,
			 handling, storage, and disseminationInformation shall only be
			 received, handled, stored, and disseminated by members and staff of the Council
			 consistent with all applicable statutes, regulations, and Executive
			 orders.
				(c)Assistance from
			 Federal agencies
				(1)General
			 Services AdministrationOn request of the Chairperson of the
			 Council, the Administrator of General Services shall provide to the Council, on
			 a reimbursable basis, administrative support and other assistance necessary for
			 the Council to carry out the duties of the Council.
				(2)Other
			 departments and agenciesIn addition to the assistance provided
			 under paragraph (1), departments and agencies of the United States may provide
			 to the Council such assistance as they may determine advisable and as
			 authorized by law.
				(d)Contracts and
			 cooperative agreementsThe Council may enter into contracts or
			 cooperative agreements with Federal or State agencies, other entities,
			 including private entities and institutions of higher education, or individuals
			 for activities necessary to the discharge of the duties and responsibilities of
			 the Council, including—
				(1)the conduct of
			 research and surveys;
				(2)the preparation
			 of reports; and
				(3)the
			 identification and development of indicators of child well-being;
				(e)DonationsThe Council may accept, use, and dispose of
			 donations of services or property.
			(f)Postal
			 servicesThe Council may use
			 the United States mails in the same manner and under the same conditions as a
			 department or agency of the United States.
			8.Staff
			(a)In
			 generalThe Chairperson, in
			 consultation with the Vice Chairperson and in accordance with rules agreed upon
			 by the Council, may appoint and fix the compensation of an executive director
			 and such other personnel as may be necessary to enable the Council to carry out
			 the functions of the Council, in accordance with the provisions of title 5,
			 United States Code, except that no rate of pay fixed under this subsection may
			 exceed the equivalent of that payable for a position at level V of the
			 Executive Schedule under section 5316 of title 5, United States Code.
			(b)Qualifications
			 of executive director
				(1)ExperienceThe
			 executive director shall be an individual who has demonstrated experience in
			 strategic planning, administration, and business management, and has exhibited
			 competency in—
					(A)planning or
			 operations of programs for children and families;
					(B)working
			 cooperatively and effectively with others to set goals, resolve problems and
			 make decisions that will enhance the Council’s effectiveness;
					(C)managing projects
			 effectively; and
					(D)developing
			 realistic action plans and time schedules.
					(2)ExpertiseThe
			 executive director shall have—
					(A)expertise in
			 child well-being or child development; and
					(B)an understanding
			 of and appreciation for—
						(i)research relating
			 to children and families; and
						(ii)indicators of
			 child well-being.
						(c)DetaileesUpon
			 request of the Chairperson of the Council, the head of any executive
			 department, bureau, agency, board, commission, office, independent
			 establishment, or instrumentality of the Federal Government may detail, without
			 reimbursement, any of its personnel to the Council to assist the Council in
			 carrying out the duties of the Council under this Act. Any detail of an
			 employee shall be without interruption or loss of civil service status or
			 privilege.
			(d)Consultant
			 servicesThe Council may procure the services of experts and
			 consultants in accordance with section 3109 of title 5, United States Code, but
			 at rates not to exceed the daily rate paid a person occupying a position at
			 level IV of the Executive Schedule under section 5315 of such title.
			9.Travel
			 expensesEach member of the
			 Council shall serve without compensation, but shall receive travel expenses,
			 including per diem in lieu of subsistence, in accordance with applicable
			 provisions in the same manner as persons employed intermittently in the
			 Government service are allowed expenses under section 5703 of title 5, United
			 States Code.
		10.Federal
			 Advisory Committee Act applicabilityThe provisions of the Federal Advisory
			 Committee Act (5 U.S.C. App.) shall apply to the Council, except that sections
			 10 and 14 of such Act shall not apply.
		11.BudgetThe Council shall prepare annually a budget
			 justifying amounts necessary to carry out the duties of the Council and shall
			 annually submit the budget and any appropriations requests both to Congress and
			 to the Director of the Office of Management and Budget.
		12.Authorization
			 of appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 Act.


116 S836 IS: To amend the Internal Revenue Code of 1986 to clarify the retirement income account rules relating to church-controlled organizations.
U.S. Senate
2019-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 836IN THE SENATE OF THE UNITED STATESMarch 14, 2019Mr. Roberts (for himself, Mr. Cardin, Mr. Crapo, Ms. Klobuchar, and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to clarify the retirement income account rules relating
			 to church-controlled organizations.

		1.Clarification of retirement income account rules relating to church-controlled organizations
 (a)In generalSubparagraph (B) of section 403(b)(9) of the Internal Revenue Code of 1986 is amended by inserting (including an employee described in section 414(e)(3)(B)) after employee described in paragraph (1). (b)Effective dateThe amendment made by this section shall apply to years beginning before, on, or after the date of the enactment of this Act.


116 HR 8682 IH: Equal Access to Information Act of 2020
U.S. House of Representatives
2020-10-23
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.

I116th CONGRESS2d SessionH. R. 8682IN THE HOUSE OF REPRESENTATIVESOctober 23, 2020Mr. Sires introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo establish requirements for Federal agencies to ensure that individuals with limited English proficiency and people with disabilities can access the services, activities, programs, and benefits of those agencies.1.Short titleThis Act may be cited as the Equal Access to Information Act of 2020.2.DefinitionsIn this Act:(1)AgencyThe term agency means an Executive agency, as defined under section 105 of title 5, United States Code. (2)EmergencyThe term emergency means—(A)an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);(B)a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); (C)a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d);(D)a fishery disaster declared by the Secretary of Commerce;(E)a disaster declared by the Administrator of the Small Business Administration;(F)a disaster declared by the Secretary of Agriculture; and(G)the provision of fire management assistance grants under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187).(3)DisabilityThe term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).(4)Individual with limited English proficiencyThe term individual with limited English proficiency means an individual whose primary language for communication is not English and who has a limited ability to read, write, speak, or understand English.(5)Language accessThe term language access means the provision of culturally competent and effective language services to an individual with limited English proficiency or an individual with disabilities designed to enhance that individual’s access to, understanding of, or benefit from the services, activities, programs, or benefits provided by the agency. 3.Language Access Working Group(a)Demographic assessmentNot later than 30 days after the date of enactment of this Act and every 3 years thereafter, the head of each Federal agency shall conduct a demographic assessment of individuals with limited English proficiency and individuals with disabilities who are eligible to be served or likely to be encountered by that agency.(b)Working group establishedNot later than 30 days after the conclusion of the demographic assessment under subsection (a), and in order to ensure that Federal agencies do not discriminate on the basis of national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and that such agencies do not discriminate against individuals with disabilities in violation of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the head of each Federal agency shall establish within the agency a Language Access Working Group, which shall include the following members:(1)One or more senior officials within the agency division or directorate.(2)When possible, 1 or more representatives from each employee resource group.(3)The Chief Human Capital Officer or their appointee.(4)Such experts as necessary to develop communications for individuals with limited English proficiency and individuals with disabilities who are eligible to be served or likely to be encountered by that agency as identified by the demographic assessment under subsection (a), including technical and content experts in communication disabilities, and cross-cultural translations and interpretation services.(5)A website accessibility expert.(6)Internal communications personnel.(c)Duties of the working groupEach Language Access Working Group shall—(1)examine the services, activities, programs, and benefits provided by the agency and assist the agency in developing and implementing a system by which individuals with limited English proficiency and individuals with disabilities can access those services, activities, programs, and benefits in a manner that is consistent with the fundamental mission of that agency;(2)examine the services, activities, programs, and benefits provided by any recipients of Federal financial assistance provided by such agency (referred to in this Act as recipients) to provide recommendations about how the agency can ensure that recipients of Federal financial assistance provide meaningful access to applicants, beneficiaries, and other individuals served by that recipient who are individuals with limited English proficiency or individuals with disabilities in a manner that is consistent with the fundamental mission of that agency without unduly burdening the essential functions of that recipient;(3)conduct an annual vitality assessment to determine, over time and across various activities, which of the documents produced by that agency are vital to provide equal access for individuals with limited English proficiency and individuals with disabilities served by the agency;(4)provide recommendations about how the agency can ensure that information made available by the agency or by a recipient to individuals affected by an emergency is made available as soon as possible in multimodal and cross-cultural formats that can be understood by individuals with limited English proficiency and individuals with disabilities; (5)provide recommendations about how the agency can ensure that the distribution of supplies, the processing of applications, and other relief and assistance activities provided by such agency or recipient during or in response to an emergency shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of nationality, disability, or English proficiency; and(6)assist the head of the agency in—(A)preparing, annually updating, submitting to the Attorney General, and implementing the plan described in section 4(a);(B)issuing the guidance described in section 4(d); and(C)ensuring the agency plan and agency recipient guidance is made available to the public online in a manner that complies with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).4.Access plan for federally conducted programs and activities(a)In GeneralNot later than 1 year after the date of enactment of this Act, the head of each agency shall prepare and submit to the Attorney General a plan described in subsection (b). Each agency shall ensure that such plan is consistent with the final guidance of the Department of Justice entitled Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (67 Fed. Reg. 41455 (June 12, 2002)), the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116).(b)Plan requirementEach plan under subsection (a) shall include—(1)the steps the agency will take to ensure that individuals with limited English proficiency or individuals with disabilities have access to each service, activity, program, or benefit provided or administered by the agency; (2)the steps the agency will take to ensure that older adults with limited English proficiency or a disability who may require the use of non-traditional modes of communication have access to each service, activity, program, or benefit provided or administered by the agency;(3)the policies and procedures for identifying, assessing, and meeting the culturally and linguistically appropriate language needs of the agency's beneficiaries who are individuals with limited English proficiency or individuals with disabilities served by the agency; (4)the steps the agency will take to ensure that each service, activity, program, or benefit of the agency is culturally and linguistically appropriate, including providing a range of language assistance options, notice to individuals with limited English proficiency or individuals with disabilities of the right to qualified language services and communication access, periodic training of staff, monitoring and quality assessment of the language services and, in appropriate circumstances, the translation of written materials; (5)the steps the agency will take, with respect to each service, activity, program, or benefit of the agency, to provide reasonable accommodations necessary for individuals with limited English proficiency and communication disabilities to understand communications from the agency;(6)the steps the agency will take to ensure that all applications, forms, and other relevant documents for the agency’s services, activities, benefits, and programs are competently translated, interpreted, and provided in accessible formats in the primary language of a client that is an individual with limited English proficiency or an individual with disabilities if such materials are needed to improve access of such client to such service, activity, benefit, or program;(7)when providing media, live broadcasting, or additional video communication for the agency’s services, activities, benefits, and programs, how the agency will ensure the use of qualified American Sign Language interpreters with a picture-in-picture inset feature where the interpreter’s frame is at least the same size as the main speaker’s frame but no smaller than 33 percent of the screen;(8)if relevant to the agency, the resources the agency will provide to improve cultural and linguistic appropriateness and accessibility practices to assist recipients of Federal funds to improve their access to health care related programs and activities for individuals with limited English proficiency or individuals with disabilities; (9)if relevant to the agency, the resources the agency will provide to ensure that accessible information and competent communication assistance is provided to patients that are individuals with limited English proficiency or people with disabilities by qualified interpreters; and (10)the resources the agency will provide to ensure that minor children are not used to provide interpretation services, except as permitted under regulations implementing section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116) as published in the Federal Register on May 18, 2016.(c)DOJ ReviewThe Attorney General shall review each plan submitted in accordance with this section not later than 120 days after receipt of the plan. The Attorney General shall also review the most recently submitted plan from each relevant agency not later than 7 days after an emergency has been declared. (d)Guidance for recipients of Federal financial assistance(1)In GeneralThe agency shall issue guidance for recipients of Federal financial assistance under the jurisdiction of the agency in order to assist such recipients in ensuring that individuals with limited English proficiency or individuals with disabilities have access to each service, activity, program, or benefit provided or administered by the recipient. Such guidance shall take into account the types of services provided by the recipients and the individuals served by the recipients. (2)Review and approvalThe agency shall submit such guidance for review and approval by the Attorney General. Following approval by the Attorney General, each agency shall publish its guidance document in the Federal Register for public comment.5.Consultation(a)Stakeholder inputIn carrying out this Act, agencies shall ensure that stakeholders, such as individuals with limited English proficiency, people with disabilities, and their representative organizations, recipients, and other appropriate individuals or entities, have an adequate opportunity to provide meaningful input. (b)Evaluation of agency circumstancesEach agency shall evaluate the particular needs of the individuals with limited English proficiency and people with disabilities that the agency and the recipients of the agency serve and the burdens of compliance on the agency and its recipients. (c)InputEach agency shall take into account such input from stakeholders in developing an approach to ensuring meaningful access by individuals with limited English proficiency and people with disabilities that is practical and effective, fiscally responsible, responsive to the particular circumstances of each agency, and can be readily implemented.


116 HR 5176 IH: Climate Resiliency Service Corps Act of 2019
U.S. House of Representatives
2019-11-19
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.

I116th CONGRESS1st SessionH. R. 5176IN THE HOUSE OF REPRESENTATIVESNovember 19, 2019Ms. Judy Chu of California (for herself, Mr. Sarbanes, Mr. Blumenauer, Mr. Cisneros, Ms. Barragán, Ms. Clarke of New York, Ms. Lee of California, Mr. Neguse, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the National and Community Service Act of 1990 to establish a climate resiliency service
			 corps to help communities withstand and respond to changes in the Earth’s
			 climate with respect to natural disasters, and for other purposes.

 1.Short titleThis Act may be cited as the Climate Resiliency Service Corps Act of 2019. 2.FindingsCongress finds the following:
 (1)Every region of the United States is confronting the effects of climate change and related natural disasters, including extreme heat and droughts, heavy rains and flooding, hurricanes and tornadoes, acidification of the oceans and sea level rise, wildfires, and mudslides, among other effects.
 (2)These changes affect the health, agriculture, food supply, infrastructure, energy supply, water quality and water supply, and have the potential to reduce the standard of living and quality of life in the United States.
 (3)The Fourth National Climate Assessment estimates that low-income communities will be disproportionately impacted by climate change through higher rates of adverse health conditions, greater exposure to environmental hazards, and more severe impacts and longer recovery from natural disasters.
 (4)The Fourth National Climate Assessment estimates that— (A)climate change will shrink the American economy by up to 10 percent by the year 2100 and will result in losses up to $141,000,000,000 from heat-related deaths, $118,000,000,000 from sea level rise, and $32,000,000,000 from infrastructure damage; and
 (B)proactive adaptation initiatives yield benefits in excess of their costs in both the near term and long term.
 (5)The frequency and severity of natural disasters taking place each year is steadily and significantly increasing. In 1970, there were 78 registered natural disasters. In 2017, there were 335 natural disasters, impacting approximately 96,000,000 people and costing the United States more than $306,000,000,000.
 (6)Service and Conservation Corps, which are descended from the Civilian Conservation Corps of the 1930s, are trained for and have experience with the four stages of disaster: mitigation, preparedness, response, and recovery.
			3.Climate Resiliency Service Corps
 (a)In generalSection 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572) is amended— (1)by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
 (2)by inserting after paragraph (3) the following new paragraph:  (4)Climate Resiliency Service Corps (A)In generalThe recipient may carry out national service projects through a Climate Resiliency Service Corps that improves community adaptation, mitigation, preparedness, response, and recovery from natural disaster and other trends related to climate change through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
							(B)Activities
 (i)In generalA Climate Resiliency Service Corps described in this paragraph may carry out activities, including— (I)mitigating the effects of disasters and other trends related to climate change, including—
 (aa)assessing community resilience; (bb)collecting, monitoring, and analyzing data related to climate change and disasters;
 (cc)developing a plan to improve community resilience through resilient infrastructure; and (dd)building and maintaining resilient infrastructure, including—
 (AA)preserving, protecting, and restoring habitat; (BB)stabilizing shorelines;
 (CC)removing invasive species and planting native species of trees, plants and groundcover; (DD)constructing bioswales and water bars;
 (EE)improving drainage systems through use of permeable surfaces and rain gardens; (FF)removing hazardous fuels;
 (GG)conducting prescribed burns; (HH)establishing defensible space;
 (II)retrofitting buildings; and (JJ)planting urban forestry, trees, and landscapes;
 (II)preparing communities for disaster, including— (aa)organizing community-based resiliency coalitions and working groups;
 (bb)providing disaster preparedness or community emergency response team training to community-based organizations and residents; and
 (cc)providing education on climate change, disaster, and resilience at community-based organizations and schools;
 (III)responding to disasters, including— (aa)establishing and managing volunteers, distribution centers, and shelters;
 (bb)supporting disaster response activities and centers, including fire camps; (cc)clearing fallen trees and branches;
 (dd)boarding up windows and doors and tarping roofs; and (ee)mucking and gutting homes and buildings;
 (IV)recovering from disasters, including— (aa)clearing debris;
 (bb)repairing and rebuilding homes and buildings; (cc)replanting native trees and plants;
 (dd)restoring habitat: and (ee)stabilizing shoreline and hillsides;
 (V)addressing other unmet climate change needs as the Corporation may designate. (ii)ParticipationIn addition to the requirements for participants under section 137, in carrying out national service projects under this paragraph, the recipient shall, to the extent practicable—
 (I)select as participants individuals who are at least 16 but not more than 25 years of age (including out of-school youth and other disadvantaged youth (such as individuals who are aging out of foster care, individuals who have limited English proficiency, homeless individuals, and individuals with disabilities)), and veterans who have not reached the age of 36, at the time of beginning the term of service; and
 (II)provide each participant with team-based, highly structured, and adult-supervised work experience, education, career guidance, and counseling, and employment training, support services, and mentoring.
 (C)Climate Resiliency Service Corps indicatorsThe indicators for a Climate Resiliency Service Corps program described in this paragraph are— (i)the number of acres, miles, homes, buildings or infrastructure projects built, improved, or treated for improved resilience and adaptation;
 (ii)the number of individuals educated about and prepared for disasters and other trends related to climate change;
 (iii)the number of individuals assisted, including those rescued, evacuated, or provided shelter; (iv)the number of tons of debris collected;
 (v)the number of homes or buildings treated, including those boarded up, tarped, mucked, or gutted during disaster response;
 (vi)the number of acres, homes, or buildings restored during disaster recovery; (vii)the number of trees and plants planted;
 (viii)the number of infrastructure projects undertaken to improve resilience against future natural disasters;
 (ix)the number of economically disadvantaged individuals with access to job training and other skill enhancement;
 (x)the number of economically disadvantaged individuals with access to information about job placement services;
 (xi)the number of individuals receiving education or training in environmentally conscious practices; (xii)any additional indicator relating to natural disaster and other trends that the Corporation establishes, in consultation (as appropriate), with the Secretaries of the Departments of the Interior, Agriculture, Commerce, and Defense, the Director of the Federal Emergency Management Agency, and the Administrator of the Environmental Protection Agency; and
 (xiii)any additional local indicator applicable to a particular recipient and on which an improvement in performance is needed related to climate change..
 (b)Conforming amendmentsSection 122 of the National and Community Service Act of 1990 (42 U.S.C. 12572), as amended by subsection (a), is further amended—
 (1)in paragraph (b)(3), by striking or (5) and inserting (5), or (6); and (2)in paragraph (c)(1), by striking (5) and inserting (6).
 4.Climate Resiliency AMERICORPS VISTASection 103(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(a)) is amended— (1)in paragraph (12), by striking and at the end;
 (2)in paragraph (13), by striking the period at the end and inserting ; and; and (3)after subsection (13), by adding the following:

 (14)in addressing the capacity of low-income communities to implement projects that increase resilience to shocks and stressors resulting from climate change..
 5.Noncompetitive hiring authorityA qualified corpsmember under section 122 of the National and Community Service Act of 1990 (42 U.S.C. 12572) shall be eligible for appointment in the competitive service in the same manner as a Peace Corps volunteer as prescribed in Executive Order 11103 (22 U.S.C. 2504 note, relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services).


116 S1206 IS: Passenger Privacy Protection Act of 2019
U.S. Senate
2019-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 1206
		IN THE SENATE OF THE UNITED STATES

			April 11, 2019
			Mr. Merkley (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To amend title 49, United States Code, to prohibit aircraft from having in place cameras and
			 microphones that can monitor passengers.

		1.Short title
 This Act may be cited as the Passenger Privacy Protection Act of 2019.
		2.Prohibitions relating to cameras and   microphones on aircraft
 (a)In generalSubchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:

					41725.Prohibitions relating to cameras and   microphones on aircraft
 (a)ProhibitionsThe following rules shall apply to all aircraft of an air carrier and a foreign air carrier:
 (1)Any in-flight entertainment system installed on the aircraft after the date of the enactment of this section may not have an embedded camera or microphone. In the case where the aircraft has, as of such date of enactment, a existing camera or microphone embedded in an in-flight entertainment system, by not later than 2 months after such date of enactment—
 (A)the camera shall be either— (i)removed;
 (ii)permanently disabled and covered; or (iii)covered in a fashion that prevents the camera from making any observation; and
 (B)the microphone shall be either— (i)removed; or
 (ii)physically disconnected and covered in a fashion that renders the microphone ineffective. (2)Any camera or microphone that is designed to observe a passenger and that is separate from an in-flight entertainment system may not be installed on the aircraft after the date of the enactment of this section. Any such camera or microphone that was installed on the aircraft prior to such date of enactment shall be removed within 2 months of such date of enactment.
 (b)Changes to remote switches not sufficientChanges made by an air carrier or a foreign air carrier to remote switches of an in-flight entertainment system are not sufficient to meet the requirements of subsection (a)(1).
						.
 (b)Clerical amendmentThe analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41724 the following:

						41725. Prohibitions relating to cameras and   microphones on aircraft..
 3.Requiring audits of airlines regarding the information they collect on passengersThe Administrator of the Federal Aviation Administration shall periodically conduct audits of air carriers and foreign air carriers (as such terms are defined in section 40102 of title 49, United States Code) regarding the information the carrier collects with respect to passengers on its aircraft, including any information obtained through the physical surveillance of passengers.


114 S838 IS: Protecting Consumers from Unreasonable Credit Rates Act of 2015
U.S. Senate
2015-03-23
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.

II114th CONGRESS1st SessionS. 838IN THE SENATE OF THE UNITED STATESMarch 23, 2015Mr. Durbin (for himself, Mrs. Boxer, Mr. Merkley, Mr. Blumenthal, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Truth in Lending Act to establish a national usury rate for consumer credit
			 transactions.

		1.Short
 titleThis Act may be cited as the Protecting Consumers from Unreasonable Credit Rates Act of 2015.
 2.FindingsCongress finds that— (1)attempts have been made to prohibit usurious interest rates in America since colonial times;
 (2)at the Federal level, in 2006, Congress enacted a Federal 36 percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases;
 (3)notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption;
 (4)due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $17,000,000,000 for high-cost overdraft loans, as much as $7,000,000,000 for storefront and online payday loans, and additional amounts in unreported revenues from bank direct deposit advance loans and high-cost online installment loans;
 (5)cash-strapped consumers pay on average 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 3,500 percent for bank overdraft loans, and triple-digit rates for online installment loans;
 (6)a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and
 (7)alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged.
			3.National maximum
 interest rateChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:

				140B.Maximum rates
				of interest
					(a)In
 generalNotwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent.
					(b)Fee and
				interest rate defined
						(1)In
 generalFor purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including—
 (A)any payment compensating a creditor or prospective creditor for—
 (i)an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or
 (ii)any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees;
 (B)all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title;
 (C)credit insurance premiums, whether optional or required; and
 (D)all charges and costs for ancillary products sold in connection with or incidental to the credit transaction.
							(2)Tolerances
							(A)In
 generalWith respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include—
 (i)application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if—
 (I)such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder;
 (II)such fees cover all credit extended or renewed by the creditor for 12 months; and
 (III)the minimum amount of credit extended or available on a credit line is equal to $300 or more;
 (ii)a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or
 (iii)a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15.
								(B)Adjustments for
 inflationThe Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36 percent fee and interest rate limitation is not circumvented.
							(c)Calculations
						(1)Open end credit
 plansFor an open end credit plan— (A)the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and
 (B)if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence.
							(2)Other credit
 plansFor purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section.
						(3)Adjustments
 authorizedThe Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36 percent fee and interest rate limitation is not circumvented.
						(d)Definition of
 creditorAs used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)).
					(e)No exemptions
 permittedThe exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6).
					(f)Disclosure of
				fee and interest rate for credit other than open end credit
 plansIn addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section.
					(g)Relation to
 State lawNothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section.
					(h)Civil liability
 and enforcementIn addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time.
 (i)ViolationsAny person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of—
 (1)3 times the amount of the total accrued debt associated with the subject transaction; or
 (2)$50,000. (j)State attorneys generalAn action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief..
		4.Disclosure of
 fee and interest rate for open end credit plansSection 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking the total finance charge expressed and all that follows through the end of the paragraph and inserting the fee and interest rate, displayed as FAIR, established under section 141..


		II

		109th CONGRESS

		2d Session

		S. 2247

		IN THE SENATE OF THE UNITED STATES

			February 6, 2006

			Mr. Reid (for

			 Mr. Obama) introduced the following bill;

			 which was read twice and referred to the Committee on Homeland Security and Governmental

			 Affairs

		A BILL

		To promote greater use of information technology in the

		  Federal Employees Health Benefits Program under chapter 89 of title 5, United

		  States Code, to increase efficiency and reduce costs.

		1.Short titleThis Act may be cited as the

			 Federal Employees Health Benefits

			 Program Efficiency Act of 2006.

		2.Federal Employees

			 Health Benefits Program information technology efficiency

			(a)In

			 generalNot later than 4

			 years after the date of enactment of this Act, each carrier entering into a

			 contract under section 8902 of title 5, United States Code, to offer a health

			 benefits plan shall implement an electronic system for efficient and effective

			 adjudication of all medical claims.

			(b)AdjudicationIn

			 adjudicating claims under chapter 89 of title 5, United States Code, using the

			 system described under subsection (a), each carrier shall ensure that such

			 claims—

				(1)may be submitted

			 through the Internet;

				(2)are adjudicated

			 with an accuracy of at least 99 percent;

				(3)may be denied

			 instantaneously if the information provided is incorrect or incomplete or for

			 other nonmedical reasons, with opportunity for resolution of such denials,

			 through the Internet; and

				(4)shall be

			 submitted using the privacy safeguards necessary to protect the personal and

			 medical information of patients from inappropriate use.

				(c)FraudEach

			 carrier entering into a contract under section 8902 of title 5, United States

			 Code, shall use the system described under subsection (a) to monitor for fraud

			 and abuse as part of the adjudication of claims described under this

			 section.

			(d)Waivers

				(1)In

			 generalThe Office of Personnel Management may provide 1 or more

			 waivers to the requirement of subsection (a), if the carrier—

					(A)is unable to meet

			 the requirement despite good faith effort; or

					(B)the lack of

			 participation by the carrier in the Federal Employees Health Benefits Program

			 would significantly compromise access to health care.

					(2)Limitation on

			 waiversNo waiver under paragraph (1) may be in effect after 6

			 years after the date of enactment of this Act.

				(e)Technical

			 assistanceThe Office of Personnel Management may provide

			 technical assistance, including equipment, computer software, and guidance to

			 carry out this Act.

			(f)Report

				(1)NoticeThe

			 Office of Personnel Management shall provide notice to the Government

			 Accountability Office of the implementation of this Act.

				(2)ReportNot

			 later than 5 years after receipt of notice under paragraph (1), the Government

			 Accountability Office shall submit a report to Congress on—

					(A)compliance with

			 this Act;

					(B)obstacles to

			 compliance with this Act; and

					(C)cost savings

			 resulting from this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 2567
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2011
			Mr. Pierluisi (for
			 himself, Ms. Jackson Lee of Texas,
			 Mr. Scott of Virginia,
			 Mr. Nadler,
			 Mr. Cohen,
			 Mr. Johnson of Georgia,
			 Ms. Linda T. Sánchez of California,
			 Mr. Towns,
			 Ms. Norton,
			 Mr. Farr, Mr. Gene Green of Texas,
			 Ms. Woolsey,
			 Mr. Davis of Illinois,
			 Ms. DeGette,
			 Ms. Lee of California,
			 Mr. McGovern,
			 Mr. Reyes,
			 Mr. Baca, Mr. Grijalva, Ms.
			 Moore, and Mr. Polis)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to provide for
		  deferred sentencing and the possibility of dismissal for drug offenders, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Federal First Offender Improvement Act
			 of 2011.
		2.Deferred sentencing
			 with the possibility of dismissal for drug offenders
			(a)In
			 generalSection 3607(a) of
			 title 18, United States Code, is amended—
				(1)by striking
			 found guilty of an offense described in section 404 of the Controlled
			 Substances Act (21 U.S.C. 844) and inserting is found guilty of
			 an offense under;
				(2)by striking
			 paragraphs (1) and (2) and inserting the following:

						(1)section 401 or 406 of the Controlled
				Substances Act (21 U.S.C. 841, 846), and—
							(A)that person did
				not use violence or credible threats of violence or possess a firearm or other
				dangerous weapon (or induce another participant to do so) in connection with
				the offense;
							(B)the offense did
				not result in death or serious bodily injury to any person;
							(C)that person was
				not an organizer, leader, manager, or supervisor of others in the offense, as
				determined under the sentencing guidelines and was not engaged in a continuing
				criminal enterprise, as defined in section 408 of the Controlled Substances Act
				(21 U.S.C. 848);
							(D)that person has not previously been the
				subject of a disposition under this subsection; and
							(E)that person has not been previously
				convicted of a crime of violence or other offense punishable by a term of
				imprisonment for more than one year; or
							(2)section 404 of the
				Controlled Substances Act (21 U.S.C. 844), and—
							(A)that person has
				not previously been the subject of a disposition under this subsection;
				and
							(B)that person has
				not been previously convicted of a crime of violence or other offense
				punishable by a term of imprisonment for more than one year;
				and
							;
				and
				(3)by striking
			 one year and inserting 2 years (or, in the case of an
			 offense under section 404 of the Controlled Substances Act (21 U.S.C. 844), not
			 more than 1 year).
				(b)ExpungementSection
			 3607(c) of title 18, United States Code, is amended—
				(1)by striking
			 found guilty of an offense under section 404 of the Controlled
			 Substances Act (21 U.S.C. 844) and inserting found guilty of an
			 offense under section 401, 404, or 406 of the Controlled Substances Act (21
			 U.S.C. 841, 844, 846); and
				(2)by striking
			 , and the person was less than twenty-one years old at the time of the
			 offense,.
				(c)Conforming
			 amendments
				(1)The heading for
			 section 3607 of title 18, United States Code, is amended by striking
			 drug
			 possessors and inserting drug offenders.
				(2)The item relating
			 to section 3607 in the table of sections at the beginning of subchapter A of
			 chapter 229 of title 18, United States Code, is amended by striking drug
			 possessors and inserting drug offenders.


113 HR 5458 IH: Building a Health Care Workforce for the Future Act
U.S. House of Representatives
2014-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5458
		IN THE HOUSE OF REPRESENTATIVES

			September 11, 2014
			Mr. Ruiz (for himself and Mr. Hinojosa) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To amend the Public Health Service Act to help build a stronger health care workforce.

		1.Short titleThis Act may be cited as the Building a Health Care Workforce for the Future Act.
		2.Grants to States for scholarship programsSubpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) is
			 amended by adding at the end the following:

				338N.Grants to States for scholarship programs
					(a)In generalThe Secretary shall award grants to eligible States to enable such States to implement scholarship
			 programs to ensure, with respect to the provision of health services, an
			 adequate supply of physicians, dentists, behavioral and mental health
			 professionals, certified nurse midwives, certified nurse practitioners,
			 physician assistants, and pharmacists or other health profession as
			 determined by the Secretary.
					(b)Eligible StatesTo be eligible to receive a grant under this section, a State shall submit to the Secretary an
			 application containing such information as the Secretary determines
			 necessary to carry out this section.
					(c)Eligible participantsTo be eligible to participate in a scholarship program carried out with a grant received under this
			 section, an individual shall—
						(1)be accepted for enrollment, or be enrolled, as a full-time student—
							(A)in an accredited (as determined by the Secretary) educational institution in a State; and
							(B)in a course of study or program, offered by such institution and approved by the Secretary, leading
			 to a degree in medicine, dentistry, school of pharmacy, other health
			 profession designated by the Secretary, nursing college, or an appropriate
			 degree from a graduate program of behavioral and mental health;
							(2)submit to the State, an application to participate in the program; and
						(3)sign and submit to the State, at the time of the submission of the application under paragraph (2),
			 a written contract that requires the individual to—
							(A)accept payments under the scholarship;
							(B)maintain a minimum level of academic standing during the period of the scholarship, as determined
			 by the Secretary;
							(C)if applicable, complete an accredited residency training program;
							(D)become licensed in the applicant’s State of residence; and
							(E)serve as a provider for 1 year in—
								(i)a health professional shortage area (as defined by the National Health Service Corps under section
			 332);
								(ii)a medically underserved area (as defined for purposes of section 330); or
								(iii)any other shortage area defined by the State and approved by the Secretary;in the applicant's State of residence for every year in which the applicant received a scholarship.(d)Designation of areasTo be eligible to receive a grant under this section, a State shall adequately demonstrate to the
			 Secretary that the State has designated appropriate health professions or
			 specialty shortage areas.
					(e)Required disclosuresIn disseminating application and contract forms to individuals desiring to participate in a
			 scholarship program funded under this section, the State shall include
			 with such forms a summary of the rights and liabilities of an individual
			 whose application is approved (and whose contract is accepted), including
			 a clear explanation of the damages to which the State is entitled in the
			 case of the individual’s breach of the contract.
					(f)Awarding of contracts
						(1)In generalA State that enters into a contract with an individual under subsection (c)(3) shall, with respect
			 to the program in which the individual is enrolled, agree to pay—
							(A)all tuition and costs associated with the program;
							(B)any other reasonable educational expenses, including fees, books, and laboratory expenses, related
			 to the program; and
							(C)a cost-of-living stipend in an amount to be determined the Secretary.
							(2)Consideration by StateIn entering into contracts with individuals that meet the requirements of subsection (c), the State
			 shall consider the extent of the applicant's demonstrated interest in the
			 provision of care services in a particular provider shortage area.
						(g)Matching fundsA State receiving a grant under this section shall, with respect to the costs of making payments on
			 behalf of individuals under the scholarship program implemented by the
			 State under the grant, make available (directly or through donations from
			 public or private entities) non-Federal contributions in cash toward such
			 costs in an amount equal to not less than $1 for each $1 of Federal funds
			 provided under the grant.
					(h)Direct administration by State agencyThe scholarship program of any State receiving a grant under this section shall be administered
			 directly by a State agency.
					(i)Report by SecretaryNot later than 4 years after the date of enactment of this section, and every 5 years thereafter,
			 the Secretary shall submit to Congress a report concerning—
						(1)the number of scholarships awarded under the State scholarship program;
						(2)the number of scholarship recipients, broken down by practice area, serving in the profession
			 originally awarded a scholarship for 1 year after the completion of the
			 service period required under subsection (c)(3)(E);
						(3)the number of scholarship recipients, broken down by provider type, practicing in an underserved
			 area 1 year after the completion of the service period required under
			 subsection (c)(3)(E);
						(4)data on any changes in health professional shortage areas or medically underserved areas within the
			 State;
						(5)remaining gaps in such health professional shortage areas or medically underserved areas;
						(6)the number of additional full-time physicians that would be required to eliminate such health
			 professional shortage areas or medically underserved areas in the State;
						(7)the number of individuals who received a scholarship but failed to comply with its requirements;
						(8)the action taken by the State to recoup scholarship funds in the case of any non-compliance; and
						(9)recommendations to improve the program under this section.
						(j)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal
			 years 2015 through 2019. Not less than 50 percent of the amount
			 appropriated for a fiscal year under this subsection shall be used to
			 provide scholarships to providers who intend on pursuing careers in
			 primary care..
		3.Increasing mentoring and transforming competencies in primary careTitle VII of the Public Health Service Act is amended by inserting after section 747A (42 U.S.C.
			 293k–1), the following:

				747B.Developing effective primary care mentors and improving mentorship opportunities for medical
			 students
					(a)Grants To cultivate primary care mentors and improve primary care mentorship opportunities for
			 medical studentsThe Secretary may award grants to eligible medical schools to assist such schools in developing and
			 strengthening primary care mentorship programs and cultivating leaders in
			 primary care among students.
					(b)EligibilityTo be eligible to receive a grant under this section, an entity shall—
						(1)be an accredited medical school or college of osteopathic medicine; and
						(2)submit to the Secretary an application at such time, in such manner, and containing such
			 information as the Secretary may require, including an assurance that the
			 applicant will use amounts received under the grant to—
							(A)establish or enhance existing mentorship programs, including—
								(i)incentivizing medical school faculty (through financial or other reward systems) to participate as
			 a mentor of other primary care physician faculty members and students;
								(ii)providing resources for aspiring mentors to participate in workshops or other learning experiences
			 in which primary care physicians can learn about effective strategies in
			 primary care mentoring;
								(iii)enabling successful primary care mentors on medical school faculty to spend time at another
			 institution where they can promote best practices in mentoring primary
			 care leaders and students; and
								(iv)developing web-based resources for mentors to interact regularly and share successful strategies;
			 or
								(B)cultivate interest and leaders in primary care among students, including—
								(i)offering students that identify interest in primary care upon matriculation, longitudinal
			 experiences in primary care to care for and track the health and wellness
			 of patients throughout medical school;
								(ii)arranging partnerships with private practices, insurers, schools of public health, public health
			 departments, and community-based service projects with the goal of
			 providing students with the opportunity to interact with primary care
			 mentors from a variety of health care settings;
								(iii)providing stipends or other forms of financial resources to students who work with designated
			 mentors in the field of primary care in underserved urban and rural
			 communities; and
								(iv)supporting opportunities for students to engage in practice redesign or other efforts in which
			 primary care physicians are taking a leadership role in delivery system
			 reform.
								(c)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal
			 years 2015 through 2021.
					747C.Developing and promoting new competencies
					(a)Grants To develop and promote new competenciesIn order to foster curricular innovations to improve the education and training of health care
			 providers, the Secretary shall award grants to medical and other health
			 professions schools to promote priority competencies (as described in
			 subsection (b)).
					(b)Priority competenciesIn awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on
			 Training in Primary Care and Dentistry, shall select an annual competency
			 to direct the awarding of such grants. Such annual competencies may
			 include—
						(1)patient-centered medical homes;
						(2)chronic disease management;
						(3)integration of primary care and mental health care;
						(4)integration of primary care, public and population health, and health promotion;
						(5)cultural competency;
						(6)domestic violence;
						(7)improving care in medically undeserved areas; and
						(8)team-based care.
						(c)Grant recipientsThe Secretary may award grants under subsection (a) to programs that provide education or training
			 for—
						(1)physicians;
						(2)dentists and dental hygienists;
						(3)physician assistants;
						(4)mental and behavioral health providers;
						(5)public and populations health professionals; or
						(6)pharmacists.
						(d)Consideration in evaluating grant applicationsThe Secretary shall give consideration to applicants that are proposing to partner with other
			 medical programs, health professions programs, or nursing programs.
					(e)Grantee reportsThe recipient of a grant under this section shall, not later than 180 days after the end of the
			 grant period involved, submit to the Advisory Committee, a report on the
			 following (where appropriate):
						(1)A description of how the funding under the grant was used by the grantee.
						(2)A description of the intended goal of such funding.
						(3)A description of the challenges faced by the grantee in reaching the goal described in paragraph
			 (2).
						(4)A description of the lessons learned by the grantee related to the grant activities.
						(f)Recommendations of the Advisory CommitteeThe Advisory Committee, based on the information submitted under subsection (d), shall annually
			 report to the Secretary on outcomes of the activities carried out under
			 grants under this section, including specific recommendations for scaling
			 up innovations to promote education and training of health care providers
			 in the priority competencies described in subsection (b).
					(g)Authorization of appropriationsThere are authorized to be appropriated, $10,000,000 for each of fiscal years 2015 through 2019 to
			 carry out this section..
		4.Study on documentation requirements for cognitive serviceNot later than 3 years after the date of enactment of this Act, the Institute of Medicine shall
			 conduct a study, and submit a report to Congress, concerning the
			 documentation requirements for cognitive services (evaluation and
			 management services) required under the Medicare and Medicaid programs
			 under titles XVIII and XIX of the Social Security Act, and through private
			 health insurers. Such study shall include an evaluation of—
			(1)how documentation requirements designed for paper-based records should be modified for electronic
			 records;
			(2)whether or not the documentation requirements are overly burdensome on physicians and detract from
			 patient care;
			(3)the administrative costs to physician practices of the current documentation requirements;
			(4)the average amount of time required by physicians to document cognitive services;
			(5)options to more appropriately compensate physicians for evaluation and management of patient care
			 without requiring excessive documentation of cognitive services; and
			(6)recommendations for less burdensome alternatives or changes to existing documentation requirements
			 of cognitive services.


116 HR 1323 IH: Rural Hospital Frontier Fairness Act
U.S. House of Representatives
2019-02-22
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.

I116th CONGRESS1st SessionH. R. 1323IN THE HOUSE OF REPRESENTATIVESFebruary 22, 2019Mr. Peterson (for himself and Mr. Tipton) 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 extend the floor on the area wage index under
			 the inpatient prospective payment system to certain sole community
			 hospitals and to amend the Public Health Service Act to provide
			 eligibility for certain sole community hospitals to discounted drug prices
			 under the 340B drug pricing program.

 1.Short titleThis Act may be cited as the Rural Hospital Frontier Fairness Act. 2.Extending floor on area wage index to certain sole community hospitalsSection 1886(d)(3)(E)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(iii)) is amended—
 (1)in subclause (I), by inserting before the period at the end the following: and, for discharges occurring on or after October 1, 2019, the area wage index applicable under this subparagraph to any sole community hospital that is located not more than 75 miles from the closest frontier State and that makes an election under subclause (V) may not be less than 1.00; and
 (2)by adding at the end the following new subclause:  (V)Sole community hospital electionThe Secretary shall provide for a process under which a sole community hospital described in subclause (I) may elect, at such time and in such manner as specified by the Secretary, to apply subclause (I) to such sole community hospital..
			3.Eligibility of certain sole community hospitals for discounted drug prices under the 340B drug
			 pricing program
 (a)In generalSection 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the following new subparagraph:

 (P)An entity that is a sole community hospital (as defined in section 1886(d)(5)(C)(iii) of the Social Security Act), that was classified as such a hospital before October 1, 2015, and that is located not more than 75 miles from the closest frontier State (as defined in section 1886(d)(3)(E)(iii)(II) of such Act)..
			(b)Effective date
 (1)In generalThe amendment made by subsection (a) shall apply to drugs purchased on or after the first day of the first month that begins more than 60 days after the date of the enactment of this Act.
 (2)Conforming 340B agreementsThe Secretary of Health and Human Services shall provide for such timely modification of agreements entered into under section 340B of the Public Health Service Act (42 U.S.C. 256b) as is necessary to provide for the application of the amendment made by subsection (a) on a timely basis consistent with paragraph (1).


116 HRES 262 IH: Recognizing linemen, the profession of linemen, the contributions of these brave men and women who protect public safety, and expressing support for the designation of April 18, 2019, as National Lineman Appreciation Day.
U.S. House of Representatives
2019-03-27
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.

IV116th CONGRESS1st SessionH. RES. 262IN THE HOUSE OF REPRESENTATIVESMarch 27, 2019Mr. Rouzer submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONRecognizing linemen, the profession of linemen, the contributions of these brave men and women who
			 protect public safety, and expressing support for the designation of April
			 18, 2019, as National Lineman Appreciation Day.

 Whereas the profession of linemen is steeped in personal, family, and professional tradition; Whereas linemen are often first responders during storms and other catastrophic events, working to make the scene safe for other public safety heroes;
 Whereas linemen must work high atop powerlines 24 hours a day, 365 days a year, to keep electricity flowing;
 Whereas linemen play a vital role in the Nation’s economy by maintaining and growing the energy infrastructure of the United States;
 Whereas linemen must often work under dangerous conditions separated from their families to keep schools and businesses open;
 Whereas linemen deserve recognition from the community regarding the danger of their work; and Whereas April 18, 2019, would be an appropriate date to designate as National Lineman Appreciation Day: Now, therefore, be it

 That the House of Representatives— (1)recognizes the efforts of linemen in keeping the power on and protecting public safety;
 (2)supports the designation of National Lineman Appreciation Day; and (3)recognizes linemen as first responders.


114 HR 3536 IH: Safe Roads Act of 2015
U.S. House of Representatives
2015-09-17
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.

		I
		114th CONGRESS
		1st Session
		H. R. 3536
		IN THE HOUSE OF REPRESENTATIVES

			September 17, 2015
			Mr. Johnson of Georgia (for himself, Mr. David Scott of Georgia, and Mr. Lewis) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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 direct the Secretary of Transportation to prescribe a motor vehicle safety standard requiring
			 commercial motor vehicles to be equipped with a forward collision
			 avoidance and mitigation braking system, and for other purposes.

 1.Short titleThis Act may be cited as the Safe Roads Act of 2015. 2.Motor vehicle safety standard Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires a commercial motor vehicle to be equipped with a forward collision avoidance and mitigation braking system.
 3.Minimum safety standards for commercial motor vehiclesThe Secretary of Transportation shall prescribe a regulation under section 31136 of title 49, United States Code, that requires all commercial motor vehicles to be equipped with a forward collision avoidance and mitigation braking system beginning on the date that is 3 years after the date of the enactment of this Act.
 4.DefinitionsIn this Act: (1)Commercial motor vehicleThe term commercial motor vehicle has the meaning given such term in section 31132 of title 49, United States Code.
 (2)Forward collision avoidance and mitigation braking systemThe term forward collision avoidance and mitigation braking system means a system on a motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the vehicle—
 (A)alerts the driver of the obstacle; and (B)if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the vehicle.