114 HR 1994 : VA Accountability Act of 2015
U.S. House of Representatives
2015-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		1st Session
		H. R. 1994
		IN THE SENATE OF THE UNITED STATES
		July 30, 2015Received; read twice and referred to the Committee on Veterans' AffairsAN ACT
		To amend title 38, United States Code, to provide for the removal or demotion of employees of the
			 Department of Veterans Affairs based on performance or misconduct, and for
			 other purposes.

 1.Short titleThis Act may be cited as the VA Accountability Act of 2015. 2.Removal or demotion of employees based on performance or misconduct (a)In generalChapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

					715.Employees: removal or demotion based on performance or misconduct
 (a)In generalThe Secretary may remove or demote an individual who is an employee of the Department if the Secretary determines the performance or misconduct of the individual warrants such removal or demotion. If the Secretary so removes or demotes such an individual, the Secretary may—
 (1)remove the individual from the civil service (as defined in section 2101 of title 5); or (2)demote the individual by means of—
 (A)a reduction in grade for which the individual is qualified and that the Secretary determines is appropriate; or
 (B)a reduction in annual rate of pay that the Secretary determines is appropriate. (b)Pay of certain demoted individuals (1)Notwithstanding any other provision of law, any individual subject to a demotion under subsection (a)(2)(A) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.
 (2)An individual so demoted may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an individual so demoted does not report for duty, such individual shall not receive pay or other benefits pursuant to subsection (e)(5).
 (c)Notice to CongressNot later than 30 days after removing or demoting an individual under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives notice in writing of such removal or demotion and the reason for such removal or demotion.
						(d)Procedure
 (1)The procedures under section 7513(b) of title 5 and chapter 43 of such title shall not apply to a removal or demotion under this section.
							(2)
 (A)Subject to subparagraph (B) and subsection (e), any removal or demotion under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 of title 5.
 (B)An appeal under subparagraph (A) of a removal or demotion may only be made if such appeal is made not later than seven days after the date of such removal or demotion.
								(e)Expedited Review by Administrative Judge
 (1)Upon receipt of an appeal under subsection (d)(2)(A), the Merit Systems Protection Board shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5. The administrative judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date of the appeal.
 (2)Notwithstanding any other provision of law, including section 7703 of title 5, the decision of an administrative judge under paragraph (1) shall be final and shall not be subject to any further appeal.
 (3)In any case in which the administrative judge cannot issue a decision in accordance with the 45-day requirement under paragraph (1), the removal or demotion is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or demotion is final, submit to Congress and the Committees on Veterans' Affairs of the Senate and House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement.
 (4)The Merit Systems Protection Board or administrative judge may not stay any removal or demotion under this section.
 (5)During the period beginning on the date on which an individual appeals a removal from the civil service under subsection (d) and ending on the date that the administrative judge issues a final decision on such appeal, such individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits.
 (6)To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this subsection is expedited.
							(f)Whistleblower protection
 (1)In the case of an individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove or demote such individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5.
 (2)In the case of an individual who has filed a whistleblower complaint, as such term is defined in section 731 of this title, the Secretary may not remove or demote such individual under subsection (a) until the central whistleblower office under section 732(h) of this title has made a final decision with respect to the whistleblower complaint.
 (g)Termination of investigations by Office of Special CounselNotwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation. Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee.
 (h)Relation to Title 5The authority provided by this section is in addition to the authority provided by subchapter V of chapter 75 of title 5 and chapter 43 of such title.
 (i)DefinitionsIn this section: (1)The term individual means an individual occupying a position at the Department but does not include—
 (A)an individual, as that term is defined in section 713(g)(1); or (B)a political appointee.
 (2)The term grade has the meaning given such term in section 7511(a) of title 5. (3)The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
 (4)The term political appointee means an individual who is— (A)employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
 (B)a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
 (C)employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations..
			(b)Clerical and conforming amendments
 (1)ClericalThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:

							715. Employees: removal or demotion based on performance or misconduct..
 (2)ConformingSection 4303(f) of title 5, United States Code, is amended— (A)by striking or at the end of paragraph (2);
 (B)by striking the period at the end of paragraph (3) and inserting , or; and (C)by adding at the end the following:

 (4)any removal or demotion under section 715 of title 38.. 3.Required probationary period for new employees of Department of Veterans Affairs (a)Probationary period (1)In generalChapter 7 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new section:

						717.Probationary period for employees
 (a)In generalNotwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of 18 months. The Secretary may extend a probationary period under this subsection at the discretion of the Secretary.
 (b)Covered employeeIn this section, the term covered employee— (1)means any individual—
 (A)appointed to a permanent position within the competitive service at the Department; or (B)appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department; and
 (2)does not include any individual with a probationary period prescribed by section 7403 of this title.
 (c)Permanent hiresUpon the expiration of a covered employee’s probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary..
				(2)Clerical and conforming amendments
 (A)ClericalThe table of sections at the beginning of such chapter, as amended by section 2, is further amended by adding at the end the following new item:

								717. Probationary period for employees..
 (B)ConformingTitle 5, United States Code, is amended— (i)in section 3321(c)—
 (I)by striking Service or and inserting Service,; and (II)by inserting at the end before the period the following: , or any individual covered by section 717 of title 38; and
 (ii)in section 3393(d), by adding at the end after the period the following: The preceding sentence shall not apply to any individual covered by section 717 of title 38.. (b)ApplicationSection 717 of title 38, United States Code, as added by subsection (a)(1), shall apply to any covered employee (as that term is defined in subsection (b) of such section 717, as so added) appointed after the date of the enactment of this Act.
			4.Treatment of whistleblower complaints in Department of Veterans Affairs
 (a)In generalChapter 7 of title 38, United States Code, is further amended by adding at the end the following new subchapter:

					IIWhistleblower complaints
 731.Whistleblower complaint definedIn this subchapter, the term whistleblower complaint means a complaint by an employee of the Department disclosing, or assisting another employee to disclose, a potential violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety.
						732.Treatment of whistleblower complaints
							(a)Filing
 (1)In addition to any other method established by law in which an employee may file a whistleblower complaint, an employee of the Department may file a whistleblower complaint in accordance with subsection (g) with a supervisor of the employee.
 (2)Except as provided by subsection (d)(1), in making a whistleblower complaint under paragraph (1), an employee shall file the initial complaint with the immediate supervisor of the employee.
								(b)Notification
 (1)Not later than four business days after the date on which a supervisor receives a whistleblower complaint by an employee under this section, the supervisor shall notify, in writing, the employee of whether the supervisor determines that there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level supervisor and the central whistleblower office described in subsection (h) a written report on the complaint.
 (2)On a monthly basis, the supervisor shall submit to the appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower complaints received by the supervisor under this section during the month covered by the report, the disposition of such complaints, and any actions taken because of such complaints pursuant to subsection (c). In the case in which such a director or official carries out this paragraph, the director or official shall submit such monthly report to the supervisor of the director or official and to the central whistleblower office described in subsection (h).
 (c)Positive determinationIf a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint of an employee, the supervisor shall include in the notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint.
							(d)Filing complaint with next-level supervisors
 (1)If any circumstance described in paragraph (3) is met, an employee may file a whistleblower complaint in accordance with subsection (g) with the next-level supervisor who shall treat such complaint in accordance with this section.
 (2)An employee may file a whistleblower complaint with the Secretary if the employee has filed the whistleblower complaint to each level of supervisors between the employee and the Secretary in accordance with paragraph (1).
 (3)A circumstance described in this paragraph are any of the following circumstances: (A)A supervisor does not make a timely determination under subsection (b)(1) regarding a whistleblower complaint.
 (B)The employee who made a whistleblower complaint determines that the supervisor did not adequately address the complaint pursuant to subsection (c).
 (C)The immediate supervisor of the employee is the basis of the whistleblower complaint. (e)Transfer of employee who files whistleblower complaintIf a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary shall—
 (1)inform the employee of the ability to volunteer for a transfer in accordance with section 3352 of title 5; and
 (2)give preference to the employee for such a transfer in accordance with such section. (f)Prohibition on exemptionThe Secretary may not exempt any employee of the Department from being covered by this section.
							(g)Whistleblower complaint form
 (1)A whistleblower complaint filed by an employee under subsection (a) or (d) shall consist of the form described in paragraph (2) and any supporting materials or documentation the employee determines necessary.
 (2)The form described in this paragraph is a form developed by the Secretary, in consultation with the Special Counsel, that includes the following:
 (A)An explanation of the purpose of the whistleblower complaint form. (B)Instructions for filing a whistleblower complaint as described in this section.
 (C)An explanation that filing a whistleblower complaint under this section does not preclude the employee from any other method established by law in which an employee may file a whistleblower complaint.
 (D)A statement directing the employee to information accessible on the Internet website of the Department as described in section 735(c).
 (E)Fields for the employee to provide— (i)the date that the form is submitted;
 (ii)the name of the employee; (iii)the contact information of the employee;
 (iv)a summary of the whistleblower complaint (including the option to append supporting documents pursuant to paragraph (1)); and
 (v)proposed solutions to complaint. (F)Any other information or fields that the Secretary determines appropriate.
 (3)The Secretary, in consultation with the Special Counsel, shall develop the form described in paragraph (2) by not later than 60 days after the date of the enactment of this section.
								(h)Central whistleblower office
 (1)The Secretary shall ensure that the central whistleblower office— (A)is not an element of the Office of the General Counsel;
 (B)is not headed by an official who reports to the General Counsel; (C)does not provide, or receive from, the General Counsel any information regarding a whistleblower complaint except pursuant to an action regarding the complaint before an administrative body or court; and
 (D)does not provide advice to the General Counsel. (2)The central whistleblower office shall be responsible for investigating all whistleblower complaints of the Department, regardless of whether such complaints are made by or against an employee who is not a member of the Senior Executive Service.
 (3)The Secretary shall ensure that the central whistleblower office maintains a toll-free hotline to anonymously receive whistleblower complaints.
 (4)In this subsection, the term central whistleblower office means the Office of Accountability Review or a successor office that is established or designated by the Secretary to investigate whistleblower complaints filed under this section or any other method established by law.
								733.Adverse actions against supervisory employees who commit prohibited personnel actions relating to
			 whistleblower complaints
							(a)In general
 (1)In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):
 (A)With respect to the first offense, an adverse action that is not less than a 14-day suspension and not more than removal.
 (B)With respect to the second offense, removal. (2) (A)Except as provided by subparagraph (B), and notwithstanding subsections (b) and (c) of section 7513 and section 7543 of title 5, the provisions of subsections (d) and (e) of section 713 of this title shall apply with respect to an adverse action carried out under paragraph (1).
 (B)An employee who is notified of being the subject of a proposed adverse action under paragraph (1) may not be given more than five days following such notification to provide evidence to dispute such proposed adverse action. If the employee does not provide any such evidence, or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such five-day period.
 (b)Limitation on other adverse actionsWith respect to a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, the Secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a).
 (c)Prohibited personnel action describedA prohibited personnel action described in this subsection is any of the following actions: (1)Taking or failing to take a personnel action in violation of section 2302 of title 5 against an employee relating to the employee—
 (A)filing a whistleblower complaint in accordance with section 732 of this title; (B)filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress;
 (C)providing information or participating as a witness in an investigation of a whistleblower complaint in accordance with section 732 or with the Inspector General of the Department, the Special Counsel, or Congress;
 (D)participating in an audit or investigation by the Comptroller General of the United States; (E)refusing to perform an action that is unlawful or prohibited by the Department; or
 (F)engaging in communications that are related to the duties of the position or are otherwise protected.
 (2)Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (F) of paragraph (1).
 (3)Conducting a peer review or opening a retaliatory investigation relating to an activity of an employee that is protected by section 2302 of title 5.
 (4)Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be.
								734.Evaluation criteria of supervisors and treatment of bonuses
							(a)Evaluation criteria
 (1)In evaluating the performance of supervisors of the Department, the Secretary shall include the criteria described in paragraph (2).
 (2)The criteria described in this subsection are the following: (A)Whether the supervisor treats whistleblower complaints in accordance with section 732.
 (B)Whether the appropriate deciding official, performance review board, or performance review committee determines that the supervisor was found to have committed a prohibited personnel action described in section 733(b) by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary.
									(b)Bonuses
 (1)The Secretary may not pay to a supervisor described in subsection (a)(2)(B) an award or bonus under this title or title 5, including under chapter 45 or 53 of such title, during the one-year period beginning on the date on which the determination was made under such subsection.
 (2)Notwithstanding any other provision of law, the Secretary shall issue an order directing a supervisor described in subsection (a)(2)(B) to repay the amount of any award or bonus paid under this title or title 5, including under chapter 45 or 53 of such title, if—
 (A)such award or bonus was paid for performance during a period in which the supervisor committed a prohibited personnel action as determined pursuant to such subsection (a)(2)(B);
 (B)the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and
 (C)the supervisor is afforded notice and an opportunity for a hearing before making such repayment. 735.Training regarding whistleblower complaints (a)TrainingThe Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall annually provide to each employee of the Department training regarding whistleblower complaints, including—
 (1)an explanation of each method established by law in which an employee may file a whistleblower complaint;
 (2)an explanation of prohibited personnel actions described by section 733(c) of this title; (3)with respect to supervisors, how to treat whistleblower complaints in accordance with section 732 of this title;
 (4)the right of the employee to petition Congress regarding a whistleblower complaint in accordance with section 7211 of title 5;
 (5)an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191);
 (6)an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and
 (7)the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41.
 (b)CertificationThe Secretary shall annually provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.
							(c)Publication
 (1)The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to file a whistleblower complaint, including the information described in paragraphs (1) through (7) of subsection (a).
 (2)The Secretary shall publish on the Internet website of the Department, the whistleblower complaint form described in section 732(g)(2).
								736.Reports to Congress
 (a)Annual reportsThe Secretary shall annually submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes—
 (1)with respect to whistleblower complaints filed under section 732 during the year covered by the report—
 (A)the number of such complaints filed; (B)the disposition of such complaints; and
 (C)the ways in which the Secretary addressed such complaints in which a positive determination was made by a supervisor under subsection (b)(1) of such section;
 (2)the number of whistleblower complaints filed during the year covered by the report that are not included under paragraph (1), including—
 (A)the method in which such complaints were filed; (B)the disposition of such complaints; and
 (C)the ways in which the Secretary addressed such complaints; and (3)with respect to disclosures made by a contractor under section 4705 or 4712 of title 41—
 (A)the number of complaints relating to such disclosures that were investigated by the Inspector General of the Department of Veterans Affairs during the year covered by the report;
 (B)the disposition of such complaints; and (C)the ways in which the Secretary addressed such complaints.
 (b)Notice of Office of Special Counsel determinationsNot later than 30 days after the date on which the Secretary receives from the Special Counsel information relating to a whistleblower complaint pursuant to section 1213 of title 5, the Secretary shall notify the Committees on Veterans’ Affairs of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of such information, including the determination made by the Special Counsel..
			(b)Conforming and clerical amendments
 (1)Conforming amendmentSuch chapter is further amended by inserting before section 701 the following:  IGeneral employee matters. (2)Clerical amendmentsThe table of sections at the beginning of such chapter is amended—
 (A)by inserting before the item relating to section 701 the following new item:   Subchapter I—General employee matters; and(B)by adding at the end the following new items:

								Subchapter II—Whistleblower complaints
								731. Whistleblower complaint defined.
								732. Treatment of whistleblower complaints.
								733. Adverse actions against supervisory employees who commit prohibited personnel actions relating
			 to whistleblower complaints.
								734. Evaluation criteria of supervisors and treatment of bonuses.
								735. Training regarding whistleblower complaints.
								736. Reports to Congress..
					5.Reform of performance appraisal system for Senior Executive Service employees of the Department of
			 Veterans Affairs
			(a)Performance appraisal system
 (1)In generalChapter 7 of title 38, United States Code, is further amended by inserting after section 717, as added by section 3, the following new section:

						719.Senior executives: performance appraisal
							(a)Performance appraisal system
 (1)The performance appraisal system for individuals employed in senior executive positions in the Department required by section 4312 of title 5 shall provide, in addition to the requirements of such section, for five annual summary ratings of levels of performance as follows:
 (A)One outstanding level. (B)One exceeds fully successful level.
 (C)One fully successful level. (D)One minimally satisfactory level.
 (E)One unsatisfactory level. (2)The following limitations apply to the rating of the performance of such individuals:
 (A)For any year, not more than 10 percent of such individuals who receive a performance rating during that year may receive the outstanding level under paragraph (1)(A).
 (B)For any year, not more than 20 percent of such individuals who receive a performance rating during that year may receive the exceeds fully successful level under paragraph (1)(B).
 (3)In evaluating the performance of an individual under the performance appraisal system, the Secretary shall take into consideration—
 (A)any complaint or report (including any pending or published report) submitted by the Inspector General of the Department, the Comptroller General of the United States, the Equal Employment Opportunity Commission, or any other appropriate person or entity, related to any facility or program managed by the individual, as determined by the Secretary;
 (B)efforts made by the individual to maintain high levels of satisfaction and commitment among the employees supervised by the individual; and
 (C)the criteria described in section 734(a)(2) of this title. (b)Change of position (1)At least once every five years, the Secretary shall reassign each individual employed in a senior executive position to a position at a different location that does not include the supervision of the same personnel or programs. The Secretary shall make such reassignments on a rolling basis based on the date on which an individual was originally assigned to a position.
 (2)The Secretary may waive the requirement under paragraph (1) for any such individual, if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of the waiver and an explanation of the reasons for the waiver.
 (c)ReportNot later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs and Homeland Security and Governmental Affairs of the Senate and the Committees on Veterans’ Affairs and Oversight and Government Reform of the House of Representatives a report on the performance appraisal system of the Department under subsection (a). Each such report shall include, for the year preceding the year during which the report is submitted, each of the following:
 (1)All documentation concerning each of the following for each individual employed in a senior executive position in the Department:
 (A)The initial performance appraisal. (B)The higher level review, if requested.
 (C)The recommendations of the performance review board. (D)The final summary review.
 (E)The number of initial performance ratings raised as a result of the recommendations of the performance review board.
 (F)The number of initial performance ratings lowered as a result of the recommendations of the performance review board.
 (G)Any adverse action taken against any such individual who receives a performance rating of less than fully successful.
 (2)The review of the Inspector General of the Department of the information described in subparagraphs (A) through (D) of paragraph (1).
 (3)A summary of the documentation provided under paragraph (1). (d)Definition of senior executive positionIn this section, the term senior executive position has the meaning given that term in section 713(g)(3) of this title..
 (2)Clerical amendmentThe table of sections at the beginning of such chapter, as amended by section 3, is further amended by inserting after the item relating to section 717 the following new item:

							719. Senior executives: performance appraisal..
 (3)Conforming amendmentSection 4312(b) of title 5, United States Code, is amended— (A)in paragraph (2), by striking and at the end;
 (B)in paragraph (3), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (4)that, in the case of the Department of Veterans Affairs, the performance appraisal system meets the requirements of section 719 of title 38..
					(b)Review of SES management training
 (1)ReviewNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a nongovernmental entity to review the management training program for individuals employed in senior executive positions (as such term is defined in section 713(g)(3) of title 38, United States Code) of the Department of Veterans Affairs that is being provided as of the date of the enactment of this Act. Such review shall include a comparison of the training provided by the Department of Veterans Affairs to the management training provided for senior executives of other Federal departments and agencies and to the management training provided to senior executives in the private sector. The contract shall provide that the nongovernmental entity must complete and submit to the Secretary a report containing the findings and conclusions of the review by not later than 180 days after the date on which the Secretary and the nongovernmental entity enter into the contract.
 (2)Report to CongressNot later than 60 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the report together with a plan for carrying out the recommendations contained in the report.
				6.Reduction of benefits for members of the Senior Executive Service within the Department of Veterans
			 Affairs convicted of certain crimes
			(a)Reduction of benefits
 (1)In generalChapter 7 of title 38, United States Code, is further amended by inserting after section 719, as added by section 5, the following new section:

						721.Senior executives: reduction of benefits of individuals convicted of certain crimes
 (a)Reduction of annuity for removed employeeThe Secretary shall order that the covered service of an individual removed from a senior executive position under section 713 of this title shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—
 (1)the individual is convicted of a felony that influenced the individual’s performance while employed in the senior executive position; and
 (2)before such order is made, the individual is afforded notice and an opportunity for a hearing conducted by another department or agency of the Federal Government.
								(b)Reduction of annuity for retired employee
 (1)The Secretary may order that the covered service of an individual who is subject to a removal or transfer action under section 713 of this title but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—
 (A)the individual is convicted of a felony that influenced the individual’s performance while employed in the senior executive position; and
 (B)before such order is made, the individual is afforded notice and an opportunity for a hearing conducted by another department or agency of the Federal Government.
 (2)The Secretary shall make such an order not later than seven days after the date of the conclusion of a hearing referred to in paragraph (1)(B) that determines that such order is lawful.
								(c)Administrative requirements
 (1)Not later than 30 days after the Secretary issues an order under subsection (a) or (b), the Director of the Office of Personnel Management shall recalculate the annuity of the individual.
 (2)A decision regarding whether the covered service of an individual shall be taken into account for purposes of calculating an annuity under subsection (a) or (b) is final and may not be reviewed by any department or agency or any court.
 (d)Lump-Sum Annuity CreditAny individual with respect to whom an annuity is reduced under subsection (a) or (b) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to the period of covered service.
 (e)DefinitionsIn this section: (1)The term covered service means, with respect to an individual subject to a removal or transfer action under section 713 of this title, the period of service beginning on the date that the Secretary determines under such section that such individual engaged in activity that gave rise to such action and ending on the date that such individual is removed from the civil service or leaves employment at the Department prior to the issuance of a final decision with respect to such action, as the case may be.
 (2)The term lump-sum credit has the meaning given such term in section 8331(8) or section 8401(19) of title 5, as the case may be.
 (3)The term senior executive position has the meaning given such term in section 713(g)(3) of this title. (4)The term service has the meaning given such term in section 8331(12) or section 8401(26) of title 5, as the case may be..
 (2)Clerical amendmentThe table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 719, as added by section 5, the following new item:

							721. Senior executives: reduction of benefits of individuals convicted of certain crimes..
 (b)ApplicationSection 721 of title 38, United States Code, as added by subsection (a)(1), shall apply to any action of removal or transfer under section 713 of title 38, United States Code, commencing on or after the date of the enactment of this Act.
			7.Limitation on administrative leave for employees Department of Veterans Affairs
			(a)Limitation
 (1)In generalChapter 7 of title 38, United States Code, is further amended by inserting after section 721, as added by section 6, the following new section:

						723.Limitation on administrative leave
 (a)In generalExcept as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.
 (b)WaiverThe Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the name of the covered individual, the location where the individual is employed, and the individual’s job title.
 (c)Covered individualIn this subsection, the term covered individual means an employee of the Department— (1)who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or
 (2)against whom any disciplinary action is proposed or initiated under this title or title 5.. (2)Clerical amendmentThe table of sections at the beginning of such chapter, as amended by section 6, is further amended by inserting after the item relating to section 721 the following new item:

							723. Limitation on administrative leave..
 (b)ApplicationSection 723 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act.
			8.Treatment of congressional testimony by Department of Veterans Affairs employees as official duty
 (a)In generalChapter 7 of title 38, United States Code, is further amended by inserting after section 723, as added by section 7, the following new section:

					725.Congressional testimony by employees: treatment as official duty
 (a)Congressional testimonyAn employee of the Department is performing official duty during the period with respect to which the employee is testifying in an official capacity in front of either House of Congress, a committee of either House of Congress, or a joint or select committee of Congress.
 (b)Travel ExpensesThe Secretary shall provide travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, to any employee of the Department of Veterans Affairs performing official duty described under subsection (a)..
 (b)Clerical amendmentThe table of sections at the beginning of such chapter is further amended by inserting after the item relating to section 723, as added by section 7, the following new item:

						725. Congressional testimony by employees: treatment as official duty..
 9.Limitation on awards and bonuses paid to employees of Department of Veterans AffairsSection 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 703 note) is amended to read as follows:

 705.Limitation on awards and bonuses paid to employees of department of veterans affairsThe Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts:
 (1)With respect to each of fiscal years 2015 through 2018, $300,000,000. (2)With respect to each of fiscal years 2019 through 2024, $360,000,000..
		10.Comptroller General study of Department time and space used for labor organization activity
 (a)Study requiredNot later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the amount of time spent by Department of Veterans Affairs employees carrying out organizing activities relating to labor organizations and the amount of space in Department facilities used for such activities. The study shall include a cost-benefit analysis of the use of such time and space for such activities.
 (b)Report to CongressNot later than 90 days after the completion of the study required under subsection (a), the Comptroller General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the results of the study.
			11.Accountability of Secretary of Veterans Affairs to Inspector General of the Department of Veterans
			 Affairs
 (a)In generalChapter 7 of title 38, United States Code, as amended by section 8, is amended by adding at the end the following new section:

					727.Accountability of Secretary to Inspector General
						(a)Submission of reports
 (1)At the same time as the Inspector General of the Department submits to the Secretary a covered report, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of such covered report.
 (2)The Inspector General shall include in each covered report submitted under paragraph (1)— (A)an explanation of any changes to the covered report recommended by the Secretary during the period in which the Inspector General was preparing the covered report; and
 (B)a list of the names of each responsible manager. (3)The Inspector General may not make public the names of responsible managers submitted under paragraph (2)(B).
							(b)Performance of responsible managers
 (1)The Secretary shall— (A)promptly notify each responsible manager of a covered issue by not later than seven days after the date on which the Inspector General submits a covered report to the Secretary;
 (B)direct such manager to resolve such issue; and (C)provide such manager with appropriate counseling and a mitigation plan with respect to resolving such issue.
 (2)The Secretary shall ensure that any performance review of a responsible manager includes an evaluation of whether the manager took appropriate actions during the period covered by the review to respond to a covered issue.
 (3)The Secretary may not pay to a responsible manager any bonus or award under chapter 45 or 53 of title 5 or any other bonus or award authorized under such title or this title if a covered issue is unresolved.
 (c)Role of Inspector GeneralAny authority of the Inspector General provided under this section is in addition to any responsibility or authority provided to the Inspector General in the Inspector General Act of 1978 (5 U.S.C. App.).
 (d)DefinitionsIn this section: (1)The term covered issue means, with respect to a responsible manager, an issue described in a covered report for which the manager is or was responsible.
 (2)The term covered report means a report by the Inspector General of the Department of Veterans Affairs that recommends actions to the Secretary of Veterans Affairs (or other official or employee of the Department) to address an issue in the Department with respect to public health or safety relating to misconduct, or alleged misconduct, by an employee of the Department.
 (3)The term responsible manager means an individual who— (A)is an employee of the Department;
 (B)is or was responsible for an issue included in a covered report; and (C)in being so responsible, is or was employed in a management position, regardless of whether the employee is in the competitive civil service, Senior Executive Service, or other type of civil service..
 (b)Clerical amendmentThe table of sections at the beginning of such chapter, as amended by section 8, is amended by inserting after the item relating to section 725 the following new item:

						727. Accountability of Secretary to Inspector General..

	Passed the House of Representatives July 29, 2015.Karen L. Haas,Clerk


		III

		109th CONGRESS

		1st Session

		S. CON. RES. 70

		IN THE SENATE OF THE UNITED STATES

			December 15, 2005

			Mr. McCain (for himself,

			 Mr. Biden, and Mr. Lieberman) submitted the following concurrent

			 resolution; which was referred to the Committee on Foreign

			 Relations

		CONCURRENT RESOLUTION

		Urging the Government of the Russian

		  Federation to withdraw the first draft of the proposed legislation as passed in

		  its first reading in the State Duma that would have the effect of severely

		  restricting the establishment, operations, and activities of domestic,

		  international, and foreign nongovernmental organizations in the Russian

		  Federation, or to modify the proposed legislation to entirely remove these

		  restrictions.

		Whereas Russian Federation President Putin has stated that

			 modern Russia’s greatest achievement is the democratic process (and) the

			 achievements of our civil society;

		Whereas the unobstructed establishment and free and

			 autonomous operations and activities of nongovernmental organizations and a

			 robust civil society free from excessive government control are central and

			 indispensable elements of a democratic society;

		Whereas the free and autonomous operations of

			 nongovernmental organizations in any society necessarily encompass activities,

			 including political activities, that may be contrary to government

			 policies;

		Whereas domestic, international, and foreign

			 nongovernmental organizations are crucial in assisting the Russian Federation

			 and the Russian people in tackling the many challenges they face, including in

			 such areas as education, infectious diseases, and the establishment of a

			 flourishing democracy;

		Whereas the Government of the Russian Federation has

			 proposed legislation that would have the effect of severely restricting the

			 establishment, operations, and activities of domestic, international, and

			 foreign nongovernmental organizations in the Russian Federation, including

			 erecting unprecedented barriers to foreign assistance;

		Whereas the State Duma of the Russian Federation is

			 considering the first draft of such legislation;

		Whereas the restrictions in the first draft of this

			 legislation would impose disabling restraints on the establishment, operations,

			 and activities of nongovernmental organizations and on civil society throughout

			 the Russian Federation, regardless of the stated intent of the Government of

			 the Russian Federation;

		Whereas the stated concerns of the Government of the

			 Russian Federation regarding the use of nongovernmental organizations by

			 foreign interests and intelligence agencies to undermine the Government of the

			 Russian Federation and the security of the Russian Federation as a whole can be

			 fully addressed without imposing disabling restraints on nongovernmental

			 organizations and on civil society;

		Whereas there is active debate underway in the Russian

			 Federation over concerns regarding such restrictions on nongovernmental

			 organizations;

		Whereas the State Duma and the Federation Council of the

			 Federal Assembly play a central role in the system of checks and balances that

			 are prerequisites for a democracy;

		Whereas the first draft of the proposed legislation has

			 already passed its first reading in the State Duma;

		Whereas President Putin has indicated his desire for

			 changes in the first draft that would correspond more closely to the

			 principles according to which civil society functions; and

		Whereas Russia’s destiny and the interests of her people

			 lie in her assumption of her rightful place as a full and equal member of the

			 international community of democracies: Now, therefore, be it

		That Congress—

			(1)urges the

			 Government of the Russian Federation to withdraw the first draft of the

			 proposed legislation that would have the effect of severely restricting the

			 establishment, operations, and activities of domestic, international, and

			 foreign nongovernmental organizations in the Russian Federation, or to modify

			 the proposed legislation to entirely remove these restrictions; and

			(2)in the event that

			 the first draft of the proposed legislation is not withdrawn, urges the State

			 Duma and the Federation Council of the Federal Assembly to modify the

			 legislation to ensure the unobstructed establishment and free and autonomous

			 operations and activities of such nongovernmental organizations in accordance

			 with the practices universally adopted by democracies, including the provisions

			 regarding foreign assistance.


109 HR 1363 IH: Workplace Goods Job Growth and Competitiveness Act of 2005
U.S. House of Representatives
2005-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1363
IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Mr. Chabot (for himself and Mr. Hyde) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To establish a statute of repose for durable goods used in a trade or business.

1.Short titleThis Act may be cited as the Workplace Goods Job Growth and Competitiveness Act of 2005.
2.Statute of repose for durable goods used in a trade or business
(a)In generalExcept as otherwise provided in this Act—
(1)no civil action may be filed against the manufacturer or seller of a durable good for damage to property arising out of an accident involving that durable good if the accident occurred more than 18 years after the date on which the durable good was delivered to its first purchaser or lessee; and
(2)no civil action may be filed against the manufacturer or seller of a durable good for damages for death or personal injury arising out of an accident involving that durable good if the accident occurred more than 18 years after the date on which the durable good was delivered to its first purchaser or lessee and if—
(A)the claimant has received or is eligible to receive worker compensation; and
(B)the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm).
(b)Exceptions
(1)In generalA motor vehicle, vessel, aircraft, or train, that is used primarily to transport passengers for hire, shall not be subject to this Act.
(2)Certain express warrantiesThis Act does not bar a civil action against a defendant who made an express warranty in writing, for a period of more than 18 years, as to the safety or life expectancy of a specific product, except that this Act shall apply at the expiration of that warranty.
(3)Aviation limitations periodThis Act does not affect the limitations period established by the General Aviation Revitalization Act of 1994 (49 U.S.C. 40101 note).
(4)Actions involving the environmentSubsection (a)(1) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)).
(c)Effect on State law; preemptionSubject to subsection (b), this Act preempts and supersedes any State law that establishes a statute of repose to the extent such law applies to actions covered by this Act. Any action not specifically covered by this Act shall be governed by applicable State law.
(d)Transitional provision relating to extension of repose periodTo the extent that this Act shortens the period during which a civil action could otherwise be brought pursuant to another provision of law, the claimant may, notwithstanding this Act, bring the action not later than 1 year after the date of the enactment of this Act.
3.DefinitionsIn this Act:
(1)ClaimantThe term claimant means any person who brings an action covered by this Act and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant’s decedent. If such an action is brought through or on behalf of a minor or incompetent, the term includes the claimant’s legal guardian.
(2)Durable goodThe term durable good means any product, or any component of any such product, which—
(A)
(i)has a normal life expectancy of 3 or more years; or
(ii)is of a character subject to allowance for depreciation under the Internal Revenue Code of 1986; and
(B)is—
(i)used in a trade or business;
(ii)held for the production of income; or
(iii)sold or donated to a governmental or private entity for the production of goods, training, demonstration, or any other similar purpose.
(3)StateThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, any other territory or possession of the United States, and any political subdivision of any of the foregoing.
4.Effective date; application of Act
(a)Effective dateExcept as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act without regard to whether the damage to property or death or personal injury at issue occurred before such date of enactment.
(b)Application of ActThis Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.


 HCON 83 ENR: Authorizing the use of Emancipation Hall in the Capitol Visitor Center for an event to celebrate the birthday of King Kamehameha I.
U.S. House of Representatives
2014-05-08
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.

IV
One Hundred Thirteenth Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. CON. RES. 83

May 8, 2014
Agreed to

CONCURRENT RESOLUTION
Authorizing the use of Emancipation Hall in the Capitol Visitor Center for an event to celebrate the birthday of King Kamehameha I.

1.Use of Emancipation Hall for Event to Celebrate Birthday of King Kamehameha I
(a)AuthorizationEmancipation Hall in the Capitol Visitor Center is authorized to be used for an event on June 8, 2014, to celebrate the birthday of King Kamehameha I.  (b)PreparationsPhysical preparations for the conduct of the ceremony described in subsection (a) shall be carried out in accordance with such conditions as may be prescribed by the Architect of the Capitol.

Clerk of the House of Representatives.Secretary of the Senate.


109 HCON 246 IH: Paying tribute to John Harold Johnson in recognition of his many achievements and contributions.
U.S. House of Representatives
2005-09-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. CON. RES. 246
IN THE HOUSE OF REPRESENTATIVES

September 20, 2005
Mr. Davis of Illinois (for himself, Mr. Meek of Florida, Ms. Norton, Mr. Butterfield, Ms. Carson, Mr. Cummings, Mr. Lewis of Georgia, Ms. Eddie Bernice Johnson of Texas, Ms. Kilpatrick of Michigan, and Mrs. Christensen) submitted the following concurrent resolution; which was referred to the Committee on Government Reform

CONCURRENT RESOLUTION
Paying tribute to John Harold Johnson in recognition of his many achievements and contributions.

Whereas on August 9, 2005, the United States lost John Harold Johnson, who contributed greatly to the Nation by using the power of the press to open the doors of opportunity for African Americans and shatter negative, racial stereotypes;
Whereas John Johnson was born to humble circumstances in 1918 in Arkansas City, Arkansas, within the area of the United States known as the Delta Region;
Whereas in 1918, the Arkansas race riots illuminated for the world the circumstances into which John Johnson was born and under which African Americans existed in the Delta Region;
Whereas at this time, African Americans living in the Delta Region were faced with brutal conditions, exemplified by the common occurrence of lynchings, a widespread system of debt peonage, a political system entirely dominated by a small White minority, as well as a judicial system completely denying the participation of African Americans, even as jurors;
Whereas the Johnson family, seeking a better life, eventually became part of the Great Migration, which brought them to Chicago in 1933, where a young John Johnson attended DuSable High School with such classmates as Redd Foxx and Nat King Cole;
Whereas in 1942, with a loan of $500 secured by his mother’s furniture, John Johnson launched Negro Digest, an endeavor which would eventually evolve into a unique publishing and cosmetics empire that reached into the homes of millions of African Americans and helped reshape the United States;
Whereas John Johnson created Ebony magazine, which began in 1945 with a yearly circulation of 25,000 and reached a monthly circulation exceeding 1,600,000 last year;
Whereas John Johnson also created Jet magazine, founded in 1951, with a current weekly circulation of 900,000;
Whereas John Johnson’s company, Johnson Publishing, expanded to create Fashion Fair Cosmetics, as well as the JPC Book Division;
Whereas John Johnson’s publications offered positive images and stories of African American men and women, and inspired and motivated generations of African Americans to excel in every walk of life, while discrediting racist stereotypes, which remained too common;
Whereas John Johnson’s publications energized the civil rights movement during the 1950s and later decades with powerful images and stories of the struggle for equality, including the shocking images of the murder of Emmett Till;
Whereas John Johnson’s publications helped create a powerful African American marketplace, which permitted African Americans and other minorities to participate in the United States economy in a new and more just manner, and which made John Johnson one of the Nation’s most successful entrepreneurs and innovators;
Whereas John Johnson became one of the Nation’s leading philanthropists, donating millions of dollars to the civil rights movement, historically Black colleges and universities, and other worthy causes; and
Whereas as a result of his good works, John Johnson was lauded with numerous honors, including the Presidential Medal of Freedom: Now, therefore, be it

That Congress—
(1)notes with deep sorrow the death of John Harold Johnson;
(2)extends heartfelt sympathy to the wife and family of John Johnson; and
(3)commends John Johnson for his many accomplishments.


117 HR 1766 : FTC Collaboration Act of 2021
U.S. House of Representatives

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.

IIB117th CONGRESS1st SessionH. R. 1766IN THE SENATE OF THE UNITED STATESApril 15, 2021Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACTTo enhance cooperation between the Federal Trade Commission and State Attorneys General to combat unfair and deceptive practices, and for other purposes.1.Short titleThis Act may be cited as the FTC Collaboration Act of 2021.2.Unfair and deceptive practices cooperation study(a)In general(1)Study requiredNot later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall conduct a study on facilitating and refining existing efforts with State Attorneys General to prevent, publicize, and penalize frauds and scams being perpetrated on individuals in the United States.(2)Requirements of studyIn conducting the study, the Commission shall examine the following:(A)The roles and responsibilities of the Commission and State Attorneys General that best advance collaboration and consumer protection.(B)The policies, procedures, and mechanisms that facilitate cooperation and communications across the Commission.(C)How resources should be dedicated to best advance such collaboration and consumer protection.(D)The accountability mechanisms that should be implemented to promote collaboration and consumer protection.(3)Consultation and public commentIn producing the study required in paragraph (1), the Commission shall—(A)consult with—(i)the National Association of State Attorneys General;(ii)public interest organizations dedicated to consumer protection;(iii)relevant private sector entities; and(iv)any other Federal or State agency that the Federal Trade Commission considers necessary; and(B)provide opportunity for public comment and advice relevant to the production of the study.(b)Report to congressNot later than 6 months after the completion of the study required pursuant to subsection (a), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Commission, a report that contains the following:(1)The results of the study.(2)Recommended best practices to enhance collaboration efforts between the Commission and State Attorneys General with respect to preventing, publicizing, and penalizing fraud and scams.(3)Quantifiable metrics by which enhanced collaboration can be measured.(4)Legislative recommendations, if any, to enhance collaboration efforts between the Commission and State Attorneys General to prevent, publicize, and penalize fraud and scams.(c)Commission definedIn this section, the term Commission means the Federal Trade Commission. Passed the House of Representatives April 14, 2021.Cheryl L. Johnson,Clerk.


114 HR 2405 IH: Facilitating Investments in Local Markets Act
U.S. House of Representatives
2015-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2405
IN THE HOUSE OF REPRESENTATIVES

May 19, 2015
Mr. Collins of Georgia (for himself, Mr. Crowley, Mr. Smith of Missouri, Ms. Linda T. Sánchez of California, Mr. Schiff, Mr. Collins of New York, and Ms. Loretta Sanchez of California) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to extend the special expensing rules for certain film and television productions and to provide for special expensing for live theatrical productions.

1.Short titleThis Act may be cited as the Facilitating Investments in Local Markets Act or the FILM Act . 2.Extension of special expensing rules for certain film and television productions; special expensing for live theatrical productions (a)In generalSection 181(f) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2016.
(b)Application to live productions
(1)In generalSection 181(a)(1) of such Code is amended by inserting , and any qualified live theatrical production, after any qualified film or television production. (2)Conforming amendmentsSection 181 of such Code is amended—
(A)by inserting or any qualified live theatrical production after qualified film or television production each place it appears in subsections (a)(2), (b), and (c)(1), (B)by inserting or qualified live theatrical productions after qualified film or television productions in subsection (f), and
(C)by inserting and live theatrical after film and television in the heading. (3)Clerical amendmentThe item relating to section 181 in the table of sections for part VI of subchapter B of chapter 1 of such Code is amended to read as follows:

Sec. 181. Treatment of certain qualified film and television and live theatrical productions..
(c)Qualified live theatrical productionSection 181 of such Code is amended— (1)by redesignating subsections (e) and (f), as amended by subsections (a) and (b), as subsections (f) and (g), respectively, and
(2)by inserting after subsection (d) the following new subsection:  (e)Qualified live theatrical productionFor purposes of this section—
(1)In generalThe term qualified live theatrical production means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation (as defined in subsection (d)(3)). (2)Production (A)In generalA production is described in this paragraph if such production is a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented by a taxable entity in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000.
(B)Touring companies, etcIn the case of multiple live staged productions— (i)for which the election under this section would be allowable to the same taxpayer, and
(ii)which are— (I)separate phases of a production, or
(II)separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production),each such live staged production shall be treated as a separate production. (C)PhaseFor purposes of subparagraph (B), the term phase with respect to any qualified live theatrical production refers to each of the following, but only if each of the following is treated by the taxpayer as a separate activity for all purposes of this title:
(i)The initial staging of a live theatrical production. (ii)Subsequent additional stagings or touring of such production which are produced by the same producer as the initial staging.
(D)ExceptionA production is not described in this paragraph if such production includes or consists of any performance of conduct described in section 2257(h)(1) of title 18, United States Code.. (d)Effective dates (1)In generalThe amendments made by this section shall apply to productions commencing after December 31, 2014.
(2)CommencementFor purposes of paragraph (1), the date on which a qualified live theatrical production commences is the date of the first public performance of such production for a paying audience.


		I
		112th CONGRESS
		1st Session
		H. R. 3258
		IN THE HOUSE OF REPRESENTATIVES

			October 25, 2011
			Mr. Braley of Iowa
			 (for himself, Ms. McCollum,
			 Mr. Kind, Mr. DeFazio, and Mr.
			 Inslee) introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To extend for a 2 year certain geographic practice cost
		  index (GPCI) adjustments under the Medicare program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Medicare Equity Extension Act of
			 2011.
		2.2-year extension
			 of certain Medicare GPCI adjustments
			(a)Extension of
			 Medicare practice expense geographic adjustment under PPACASection 1848(e)(1)(H) of the Social
			 Security Act (42 U.S.C. 1395w(e)(1)(H)) is amended—
				(1)in clause
			 (ii)—
					(A)in the heading, by
			 inserting , 2012, or
			 2013 after for 2011; and
					(B)by inserting
			 , 2012, or 2013 after during 2011; and
					(2)in clause (iii),
			 by striking or 2011 and inserting , 2011, 2012, or
			 2013.
				(b)Further
			 extension of medicare work geographic adjustment floor under
			 MMEASection 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
			 1395w–4(e)(1)(E)), as amended by section 103 of the Medicare and Medicaid
			 Extenders Act of 2010 (Public Law 111–309), is amended by striking
			 before January 1, 2012 and inserting before January 1,
			 2014.
			3.Sunset of special
			 provisions for frontier States under section 10324 of PPACA
			(a)Area wage index
			 floor for inpatient hospital servicesSection 1886(d)(3)(E)(iii)(I) of the Social
			 Security Act (42 U.S.C. 1395ww(d)(3)(E)(iii)(I)), as added by section
			 10324(a)(1)(B) of the Patient Protection and Affordable Care Act, is amended by
			 inserting and before January 1, 2012 after October 1,
			 2010,.
			(b)Area wage
			 adjustment floor for hospital outpatient servicesSection 1833(t)(19)(A) of the Social
			 Security Act (42 U.S.C. 1395l(t)(19)(A)), as added by section 10324(b)(2) of
			 the Patient Protection and Affordable Care Act, is amended by inserting
			 and before January 1, 2012 after January 1,
			 2011,.
			(c)Practice index
			 floor for physicians’ servicesSection 1848(e)(1)(I)(i) of the Social
			 Security Act (42 U.S.C. 1395w–4(e)(1)(I)(i)), as added by section 10324(c)(2)
			 of the Patient Protection and Affordable Care Act, is amended by inserting
			 and before January 1, 2012 after January 1,
			 2011,.


113 HJ 10 IH: Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced and that an increase in the Federal debt requires approval from a majority of the legislatures of the several States.
U.S. House of Representatives
2013-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IA
		113th CONGRESS
		1st Session
		H. J. RES. 10
		IN THE HOUSE OF REPRESENTATIVES

			January 3, 2013
			Mr. Schweikert
			 introduced the following joint resolution; which was referred to the
			 Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States requiring that the Federal budget be balanced and that an
		  increase in the Federal debt requires approval from a majority of the
		  legislatures of the several States.

		That the following article is
			 proposed as an amendment to the Constitution of the United States, which shall
			 be valid to all intents and purposes as part of the Constitution when ratified
			 by the legislatures of three-fourths of the several States within seven years
			 after the date of its submission for ratification:

				 —
					1.Total outlays for any fiscal year shall not
				exceed total receipts for that fiscal year.
					2.Total outlays shall not exceed 18 percent
				of the gross domestic product of the United States for the calendar year ending
				prior to the beginning of such fiscal year.
					3.The Congress may provide for suspension of
				the limitations imposed by section 1 or 2 of this article for any fiscal year
				for which two-thirds of the whole number of each House shall provide, by a roll
				call vote, for a specific excess of outlays over receipts or over 18 percent of
				the gross domestic product of the United States for the calendar year ending
				prior to the beginning of such fiscal year.
					4.Any bill to levy a new tax or increase the
				rate of any tax shall not become law unless approved by two-thirds of the whole
				number of each House of Congress by a roll call vote.
					5.The limit on the debt of the United States
				held by the public shall not be increased unless two-thirds of the whole number
				of each House of Congress shall provide for such an increase by a roll call
				vote.
					6.Any Member of Congress shall have standing
				and a cause of action to seek judicial enforcement of this article when
				authorized to do so by a petition signed by one-third of the Members of either
				House of Congress. No court of the United States or of any State shall order
				any increase in revenue to enforce this article.
					7.The Congress shall have the power to
				enforce this article by appropriate legislation.
					8.Total receipts shall include all receipts
				of the United States except those derived from borrowing. Total outlays shall
				include all outlays of the United States except those for repayment of debt
				principal.
					9.An increase in the Federal debt requires
				approval from a majority of the legislatures of the several
				States.
					.


113 HR 2568 IH: Essex National Heritage Area Reauthorization Act
U.S. House of Representatives
2013-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2568
		IN THE HOUSE OF REPRESENTATIVES

			June 27, 2013
			Mr. Tierney
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To reauthorize the Essex National Heritage
		  Area.

		1.Short titleThis Act may be cited as the
			 Essex National Heritage Area
			 Reauthorization Act.
		2.Reauthorization
			 of Essex National Heritage AreaDivision II of the Omnibus Parks and Public
			 Lands Management Act of 1996 (16 U.S.C. 461 note; Public Law 104–333) is
			 amended—
			(1)in section 507, by
			 striking September 30, 2012 and inserting September 30,
			 2027; and
			(2)in section 508(a),
			 by striking $10,000,000 and inserting
			 $20,000,000.


		I
		112th CONGRESS
		2d Session
		H. R. 4597
		IN THE HOUSE OF REPRESENTATIVES

			April 24, 2012
			Mrs. Myrick
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Mixtures of
		  tetraacetylethylenediamine with extenders and additives.

		1.Mixtures of
			 tetraacetylethylenediamine with extenders and additives
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Mixtures of tetraacetylethylenediamine with extenders and
						additives (CAS No.10543–57–4) (provided for in subheading 3824.90.92)
						FreeNo changeNo changeOn or before
						12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


I115th CONGRESS1st SessionH. R. 603IN THE HOUSE OF REPRESENTATIVESJanuary 23, 2017Mr. Calvert (for himself, Mr. Royce of California, and Mr. Emmer) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to increase the maximum penalty for mail theft.
1.Short titleThis Act may be cited as the Ensuring the Safety of Our Mail Act of 2017. 2.Increasing the maximum penalty for mail theftSection 1708 of title 18, United States Code, is amended by striking not more than five years and inserting not more than 10 years.


109 HR 4342 IH: To enhance the effectiveness of rural business financing programs.
U.S. House of Representatives
2005-11-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4342
IN THE HOUSE OF REPRESENTATIVES

November 16, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To enhance the effectiveness of rural business financing programs.

1.Authority to provide certain rural business loan guarantees and grants in urbanized areas if rural businesses would benefit from the use of the financing
(a)Rural business and industry programSection 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932) is amended by adding at the end the following:.

(i)Authority to provide certain loan guarantees and grants in urbanized areas if rural businesses would benefit from use of the financingThe Secretary may provide financing under subsection (a)(1), (c), or (d) to any entity located in an urbanized area if the entity demonstrates to the Secretary that a rural business would benefit from use of the financing. .
(b)Renewable energy systems and energy efficiency improvements programSection 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended by adding at the end the following:

(g)Authority to provide loan guarantees and grants to businesses in urbanized areas if rural businesses would benefit from use of the financingThe Secretary may provide a loan guarantee or grant under this section to a private business enterprise located in an urbanized area if the enterprise demonstrates to the Secretary that a rural business would benefit from use of the loan guarantee or grant. .


116 HR 7305 IH: Federal Emergency Judicial Tolling Act
U.S. House of Representatives
2020-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7305IN THE HOUSE OF REPRESENTATIVESJune 24, 2020Mr. Cartwright (for himself, Mr. Raskin, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo toll statutes of limitations during the COVID-19 emergency period, and for other purposes.1.Short titleThis Act may be cited as the Federal Emergency Judicial Tolling Act.2.Tolling statutes of limitations during the COVID-19 emergency period(a)In generalThe COVID-19 emergency period shall not be considered for purposes of a statute of limitations for any action described under subsection (b).(b)Action describedAn action described under this subsection is—(1)a criminal action for an offense under Federal law, in the case that the statute of limitations applicable to the offense had not run as of the date of enactment of this Act; and(2)a civil action under Federal law.(c)COVID-19 emergency period definedThe term COVID-19 emergency period means the period beginning on January 31, 2020, and ending on December 31, 2020.


		II

		108th CONGRESS

		2d Session

		S. 2850

		IN THE SENATE OF THE UNITED STATES

			September 27, 2004

			Mr. Santorum (for

			 himself and Mr. Specter) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Banking, Housing, and Urban

			 Affairs

		A BILL

		To authorize the President to posthumously award a gold

		  medal on behalf of the Congress to Fred McFeely Rogers, in recognition of his

		  lasting contributions to the application of creativity and imagination in the

		  early education of our Nation's children, and to his lasting example to the

		  Nation and the world of what it means to be a good neighbor.

		1.FindingsCongress finds that—

			(1)born in 1928 in

			 Latrobe, Pennsylvania, Fred McFeely Rogers, was raised in an environment where

			 education was highly valued, and which fostered an active imagination;

			(2)Fred Rogers

			 earned his bachelor's degree in music composition at Rollins College in Winter

			 Park, Florida in 1951;

			(3)upon graduation,

			 he was hired by NBC television in New York as an assistant producer for

			 The Voice of Firestone, and later as floor director for

			 The Lucky Strike Hit Parade, The Kate Smith Hour,

			 and the NBC Opera Theatre;

			(4)Fred Rogers later

			 studied child development at the University of Pittsburgh, attended Pittsburgh

			 Theological Seminary, and was ordained as a Presbyterian minister;

			(5)in 1953, Fred

			 Rogers began production of the television program The Children's

			 Corner, one of his first efforts as a producer, which was a live,

			 daily, hour-long variety show that incorporated his talents as a musician and

			 puppeteer;

			(6)in 1955,

			 The Children's Corner won the Sylvania Award for the best

			 locally produced children's program in the country;

			(7)it was on this

			 program that Fred Rogers developed and first introduced us to his puppet

			 characters, such as King Friday XIII, Daniel Striped Tiger, X the Owl,

			 Henrietta Pussycat, and Lady Elaine Fairchilde;

			(8)Fred Rogers

			 produced Mister Rogers' Neighborhood, and hosted the show on the

			 Public Broadcasting Service (PBS) from 1968 until the airing of the final

			 episode in 2001;

			(9)it was through

			 Mister Rogers' Neighborhood that Fred Rogers invited both

			 grownups and children alike to actively engage their imaginations, and through

			 the use of stories, songs, and puppets, Fred Rogers infused laughter and life

			 lessons into each episode;

			(10)time spent in

			 Mr. Rogers' home taught children about being a good neighbor, sharing, and

			 expressing thoughts and emotions;

			(11)transported by

			 the famous trolley to the Land of Make Believe, Mister

			 Rogers' Neighborhood allowed children to escape to a safe place that

			 creatively encouraged them to use their imaginations and showed them the

			 benefits of being a friendly neighbor;

			(12)Mister

			 Rogers' Neighborhood

					was the longest-running program

			 on PBS, and was created and filmed in Fred Rogers' hometown of Pittsburgh,

			 Pennsylvania;

			(13)Fred Rogers'

			 caring, genuine spirit reflected the values shared by the people of

			 southwestern Pennsylvania and by so many neighborhoods throughout the

			 country;

			(14)Mister

			 Rogers' Neighborhood

					continues to air as a nurturing,

			 educational program for children, emphasizing the value of every individual and

			 helping children understand how they fit into their families, communities, and

			 country;

			(15)each episode of

			 Mister Rogers' Neighborhood was carefully crafted by Fred Rogers

			 to convey wholesome, uplifting messages for the children who watched;

			(16)Fred Rogers was

			 appointed Chairman of the Forum on Mass Media and Child Development of the

			 White House Conference on Youth in 1968;

			(17)winning 4 Emmy

			 Awards, Lifetime Achievement Awards from the National Academy of

			 Television Arts and Sciences and the TV Critics Association, and 2 George

			 Foster Peabody Awards, Fred Rogers won every major award in television for

			 which he was eligible, and was inducted into the Television Hall of Fame in

			 1999;

			(18)President George

			 W. Bush awarded Fred Rogers the Presidential Medal of Honor in 2002, and

			 throughout his lifetime, Fred Rogers was presented with over 40 honorary

			 degrees from colleges and universities; and

			(19)in a country

			 where children face neglect and may live without the benefit of loving parents,

			 Fred McFeely Rogers succeeded, through his simple television program, in

			 connecting with children on an intellectual and emotional level, while teaching

			 them to value themselves and others.

			2.Congressional

			 gold medal

			(a)Presentation

			 authorizedThe President is authorized, on behalf of the

			 Congress, to posthumously award a gold medal of appropriate design to Fred

			 McFeely Rogers.

				(b)

				Design and striking

				For the purpose of the presentation referred to in subsection

			 (a), the Secretary of the Treasury shall strike a gold medal with suitable

			 emblems, devices, and inscriptions, to be determined by the Secretary.

			3.

			Duplicate medals

			The Secretary may strike and

			 sell duplicates in bronze of the gold medal struck pursuant to section 2, under

			 such regulations as the Secretary may prescribe, and at a price sufficient to

			 cover the cost thereof, including labor, materials, dies, use of machinery, and

			 overhead expenses, and the cost of the gold medal.

			4.

			National medals

			The medals struck under this

			 Act are national medals for purposes of chapter 51 of title 31, United States

			 Code.

			5.

			Funding

				(a)

				Authority to use fund amounts

				There is authorized to be charged against the United States Mint

			 Public Enterprise Fund an amount not to exceed $30,000, to pay for the cost of

			 the medals authorized by this Act.

			(b)Proceeds of

			 saleAmounts received from the sale of duplicate bronze medals

			 under section 3 shall be deposited in the United States Mint Public Enterprise

			 Fund.


109 HR 3696 IH: Medical Advertising Reform Act
U.S. House of Representatives
2005-09-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3696
IN THE HOUSE OF REPRESENTATIVES

September 8, 2005
Mr. Brown of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Federal Food, Drug, and Cosmetic Act to require prior approval by the Food and Drug Administration of advertisements for prescription drugs and restricted medical devices, and for other purposes.

1.Short titleThis Act may be cited as the Medical Advertising Reform Act.
ILabeling and advertising for prescription drugs
101.Advertising for prescription drugs
(a)Advertisements intended for consumers; prior approvalSection 502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is amended by striking except that (A) and all that follows through and (B) and inserting the following: provided that (A)(i) in the case of an advertisement intended for consumers of a prescription drug, such regulations shall require prior approval by the Secretary of the content of the advertisement, which approval or denial shall be issued not later than 30 days after the content is submitted to the Secretary, and (ii) in the case of an advertisement not so intended, such regulations may not, except in extraordinary circumstances, require prior approval by the Secretary of the content of the advertisement, and (B).
(b)Two-year prohibition after approval of drug
(1)In generalSection 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following paragraph:

(5)
(A)In the case of a prescription drug, the Secretary shall require as a condition of the approval of an application under subsection (b) that the applicant ensure that no advertisement for the drug is issued or caused to be issued during the two-year period beginning on the date on which the application is approved.
(B)The Secretary, after notice and opportunity for a hearing, may extend the two-year period under subparagraph (A) if the Secretary determines that such extension is necessary to protect the public health..
(2)EnforcementSection 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following:

(x)If it is a prescription drug with respect to which there is a failure to comply with a requirement under section 505(c)(5)..
(c)Rule of constructionThe amendments made by subsections (a) and (b) may not be construed as affecting the authority of the Secretary of Health and Human Services under section 319 of the Public Health Service Act (relating to actions to respond to public health emergencies).
102.Labeling and advertising for prescription drugs; report to Congress regarding comparative effectiveness and cost-effectivenessNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Committee on Energy and Commerce in the House of Representatives, and the Committee on Health, Education, Labor, and Pensions in the Senate, a report providing a proposal for the inclusion in the labeling and advertisements for each prescription drug of information concerning the comparative effectiveness and comparative cost-effectiveness of the drug in relation to other prescription drugs that are in the same class of drugs. Such report shall include a description of the amendments to the Federal Food, Drug, and Cosmetic Act that would be necessary to enact such proposal.
103.Funding for Division of Drug Marketing, Advertising, and CommunicationsFor carrying out the responsibilities of the Division of Drug Marketing, Advertising, and Communications (within the Office of Medical Policy, Center for Drug Evaluation and Research, Food and Drug Administration), there are authorized to be appropriated $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year.
IIAdvertising for restricted medical devices
201.Advertising for restricted devices
(a)Advertisements intended for consumers; prior approvalSection 502(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(r)) is amended—
(1)by inserting after the first period the following: In the case of an advertisement intended for consumers of a restricted device, regulations under this paragraph shall require prior approval by the Secretary of the content of the advertisement, which approval or denial shall be issued not later than 30 days after the content is submitted to the Secretary.; and
(2) by striking Except in extraordinary circumstances and all that follows through prior approval and inserting the following: In the case of an advertisement not so intended, such regulations may not, except in extraordinary circumstances, require prior approval.
(b)Study by government accountability office; report to congressional committees
(1)In generalThe Comptroller General of the United States shall conduct a study on the impact of consumer-directed advertising on restricted device utilization and spending. Such study shall consider, for the period January 1, 2001, through December 31, 2005—
(A) the growth in retail sales of the 25 restricted devices most heavily advertised (as measured by the volume of advertisements aired or published) relative to the sales of other restricted devices;
(B)annual retail price increases of the 25 most heavily advertised devices compared to those of other devices; and
(C)such other information as the Comptroller General determines is useful in assessing the impact of advertising on the national health care consumption and spending.
(2)Evaluation of regulatory controls and sufficiency of resources
(A)In generalIn conducting the study under paragraph (1), the Comptroller General shall, in addition to considerations under such paragraph, evaluate whether—
(i)current regulatory controls are designed and implemented so as to effectively ensure that consumer-directed device advertising provides complete and accurate information concerning the safety and effectiveness considerations associated with advertised devices; and
(ii)the Food and Drug Administration devotes sufficient resources to the tasks of monitoring and enforcing such controls.
(B)Recommendations for congressIf the Comptroller General concludes that the design or implementation of current regulatory controls is ineffective within the meaning of subparagraph (A)(i), or that the resources allocated for their implementation are insufficient within the meaning of subparagraph (A)(ii), the Comptroller General shall develop recommendations for the Congress for remediation of the deficiencies.
(3)DefinitionsFor purposes of this subsection, the terms device and restricted device have the meanings that apply for purposes of the Federal Food, Drug, and Cosmetic Act.
(4)ReportNot later than July 1, 2006, the Comptroller General shall submit to the Committee on Energy and Commerce in the House of Representatives, and the Committee on Finance in the Senate, a report providing the findings of the study under paragraph (1), including (as applicable) recommendations under paragraph (2)(B).
202.Funding for Office of ComplianceFor carrying out the responsibilities of the Office of Compliance (within the Center for Devices and Radiological Health, Food and Drug Administration), there are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009, and such sums as may be necessary for each subsequent fiscal year.
IIIAvailability to public of objective information on drugs
301.Availability of information
(a)In generalThe Secretary of Health and Human Services shall provide for the availability to the public of objective information on health conditions and treatments through—
(1)maintaining a toll-free telephone number to provide such information;
(2)carrying out a public information campaign to make the public aware that such information is available from the Department of Health and Human Services through such telephone number and through the Internet site www.healthfinder.gov (or successor site); and
(3)using the telephone number under paragraph (1), and the Internet site of the Food and Drug Administration, to make the public aware of the Internet site referred to in paragraph (2).
(b)Authorization of appropriations for public information campaignFor the purpose of carrying out subsection (a)(2), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2009.


110 HR 1466 IH: Children’s Health Equity Technical

U.S. House of Representatives
2007-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1466
		IN THE HOUSE OF REPRESENTATIVES

			March 9, 2007
			Mrs. Wilson of New
			 Mexico introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title XXI of the Social Security Act to permit
		  qualifying States to use a portion of their allotments under the State
		  children’s health insurance program for any fiscal year for certain Medicaid
		  expenditures.

		1.Short titleThis Act may be cited as the
			 Children’s Health Equity Technical
			 Amendments Act of 2007.
		2.Authority for
			 qualifying States to use portion of schip allotment for any fiscal year for
			 certain medicaid expenditures
			(a)In
			 generalSection 2105(g)(1)(A)
			 of the Social Security Act (42 U.S.C.
			 1397ee(g)(1)(A)), as amended by section 201(b) of the National Institutes of
			 Health Reform Act of 2006 (Public Law 109–482) is amended by striking
			 fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, or 2007
			 and inserting a fiscal year.
			(b)Modification of
			 allowable expendituresSection 2105(g)(1)(B)(ii) of such Act (42
			 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by striking 150 and
			 inserting 125.
			(c)Effective
			 dateThe amendments made by
			 this section shall take effect on October 1, 2007, and shall apply to
			 expenditures made on or after that date.