113 HR 3256 RH: Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019
U.S. House of Representatives
2020-09-21
text/xml
EN
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IBUnion Calendar No. 427116th CONGRESS2d SessionH. R. 3256[Report No. 116–341, Part I]IN THE HOUSE OF REPRESENTATIVESJune 13, 2019Mr. Richmond (for himself and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedDecember 12, 2019Reported from the Committee on Homeland Security with an amendmentStrike out all after the enacting clause and insert the part printed in italicSeptember 21, 2020Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedFor text of introduced bill, see copy of bill as introduced on June 13, 2019A BILLTo amend the Homeland Security Act of 2002 to reauthorize and improve the Chemical Facility Anti-Terrorism Standards Program, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. Chemical Facility Anti-Terrorism Standards Program.Sec. 4. Protection and sharing of information.Sec. 5. Civil enforcement.Sec. 6. Whistleblower protection.Sec. 7. Chemical Security Advisory Committee.Sec. 8. Implementation plan and report to Congress.Sec. 9. Study on risks posed by excluded facilities.Sec. 10. Study on feasibility of waiver program.Sec. 11. Review of tiering methodology.Sec. 12. Comptroller General reports.Sec. 13. Voluntary mechanism for reporting drones and other emerging threats.Sec. 14. Regulations regarding specific products and mixtures containing chemicals of interest.Sec. 15. Voluntary program.Sec. 16. Study on local emergency response capacity to respond to chemical security incidents.Sec. 17. Previously approved facilities.Sec. 18. Termination.2.DefinitionsSection 2101 of the Homeland Security Act of 2002 (6 U.S.C. 621) is amended—(1)in paragraph (4)(E), by striking subject to regulation and inserting regulated;(2)in paragraph (5)—(A)in subparagraph (A), by striking that is in effect on the day before the date of enactment of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014; and inserting or this title; and(B)in subparagraph (B), by striking that is in effect on the day before the date of enactment of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014; and inserting or this title;(3)by striking paragraphs (6), (7), and (8); and(4)by redesignating paragraphs (9) through (14) as paragraphs (6) through (11), respectively.3.Chemical Facility Anti-Terrorism Standards Program(a)Additional CFATS program requirementSection 2102(a)(2) of such Act (6 U.S.C. 622) is amended—(1)in subparagraph (C), by striking and at the end;(2)in subparagraph (D), by striking the period and inserting ; and ; and(3)by adding at the end the following new subparagraph:(E)verify information submitted by a covered chemical facility prior to assigning such facility a lower risk tier or determining that such facility no longer presents a high level of security risk..(b)Employee input regarding security measuresParagraph (2) of subsection (b) of section 2102 of such Act (6 U.S.C. 622) is amended to read as follows:(2)Employee consultation and awareness(A)Employee consultation requirementA facility’s security vulnerability assessment and site security plan shall be developed in consultation with—(i)at least one facility employee, in addition to the facility security officer or other individual who serves as a point of contact under section 27.230(a)(17) of title 6, Code of Federal Regulations, and the corresponding guidance issued under section 27.220(d) of such title, or any successor thereto, who possesses relevant knowledge, experience, training, or education pertaining to matters of site security.(ii)in the case of a facility where facility employees are represented by a bargaining agent, at least one employee representative who—(I)is selected by the bargaining agent at that facility; and(II)has relevant knowledge, experience, training, or education pertaining to matters of site security.(B)Record of employee consultationA covered chemical facility shall maintain a written record of the employee consultation required by subparagraph (A), including a record of—(i)the name of the employee with whom the facility security officer or other similar official consulted; (ii)how often and when such consultation took place; (iii)what mechanisms the facility used to capture feedback; and(iv)any recommendations that were offered, accepted, or rejected as part of the security vulnerability assessment or site security plan.(C)Access to employeesEach owner or operator of a covered chemical facility shall, upon request, provide to an employee of the Department engaged in carrying out audits and inspections of such facility access to any employee who participated in the development of the facility’s security vulnerability assessment and site security plan.(D)Employee awarenessThe Secretary shall produce a poster that a chemical facility of interest shall display in areas accessible to facility employees to inform employees about requirements under this title and the whistleblower protections provided under section 2105..(c)Site security plans(1)DisapprovalSubsection (c)(1)(B) of section 2102 of such Act (6 U.S.C. 622) is amended—(A)in clause (i), by striking and at the end; and(B)by amending clause (ii) to read as follows:(ii)shall disapprove a site security plan if—(I)the plan fails to satisfy the risk-based performance standards established pursuant to subsection (a)(2)(C); or(II)the plan fails to include the name, organizational affiliation, and phone number of a local emergency manager or local emergency response provider and a documented policy to contact the local emergency manager or local emergency response provider at least annually regarding emergency response plans at the facility..(2)AssessmentsParagraph (3) of subsection (c) of such section is amended to read as follows:(3)Site security plan assessmentsIn approving or disapproving a site security plan under this subsection, the Secretary shall—(A)employ the risk assessment policies and procedures developed under this title; and(B)confirm that the covered chemical facility has complied with the employee consultation requirements in paragraph (2) of subsection (b), including by reviewing and recording compliance with the record-keeping requirements under subparagraph (B) of that paragraph..(d)Elimination of expedited approval programSection 2102(c) of such Act (6 U.S.C. 622) is amended by striking paragraph (4).(e)Audits and inspections(1)Authority to conductSubparagraph (B) of paragraph (1) of subsection (d) of section 2102 of such Act (6 U.S.C. 622) is amended by striking under this title using and inserting at chemical facilities of interest and covered chemical facilities and shall obtain information and records to ensure compliance with this title. Such audits and inspections shall be conducted using.(2)Reporting structureSubparagraph (D) of such paragraph is amended—(A)in clause (i), by inserting , or any successor organization that implements the requirements of subsection (a)(2), after Department; and(B)in clause (ii), by inserting , or any successor organization that implements the requirements of subsection (a)(2), after Department.(3)Standards for auditors and inspectorsSubparagraph (E) of such paragraph is amended—(A)in the matter preceding clause (i)—(i)by striking The Secretary and inserting For each individual responsible for carrying out audits or inspections on behalf of the Secretary, the Secretary;(ii)by inserting to ensure such individuals receive before the training; and(iii)by striking and retraining of each individual used by the Department as an auditor or inspector, including each individual employed by the Department and all nondepartmental or nongovernmental personnel and inserting , continuing education, and other professional development tools necessary to carry out duties and responsibilities; and(B)in clause (i), by striking requirements and inserting necessary to audit and inspect compliance with all aspects of the risk-based performance standards, including standards related to cybersecurity,;(C)by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and(D)by inserting after clause (v) the following new clause:(vi)the proper credential or certification necessary to conduct inspections related to the cybersecurity standard..(4)Emergency response plansSuch subsection is further amended by adding at the end the following new paragraph:(4)Audit of emergency response planAs part of the audit and inspection process under this subsection, the Secretary shall annually confirm compliance of a chemical facility with the requirements under subsection (c)(1)(B)(ii)(II) including adherence to the facility’s documented policy to contact the local emergency manager or local emergency response provider at least annually regarding emergency response plans at the facility under such subsection..(f)Risk assessmentSection 2102(e) of such Act (6 U.S.C. 622(e)) is amended—(1)in paragraph (2)(B)—(A)in the matter preceding clause (i), by inserting and other malicious acts after terrorism; and (B)in clause (ii), by striking severe economic consequences and the potential loss of human life in the event of the facility being subject to attack, compromise, infiltration, or exploitation by terrorists and inserting consequences in event of the facility being subject to attack, compromise, infiltration, or the exploitation of chemicals of interest by a terrorist or other malicious actor;(2)in paragraph (3)—(A)in subparagraph (A)—(i)by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively;(ii)by inserting before clause (ii), as so redesignated, the following new clause (i):(i)the Secretary determines that a chemical facility of interest does not present a high level of security risk; ; and(iii)in clause (iii), as so redesignated, by inserting or chemical facility of interest after covered chemical facility;(B)in subparagraph (B)—(i)by striking information on and all that follows and inserting information on—; and(ii)by adding at the end the following clauses:(i)how the Secretary confirmed the information that was the basis for the change or determination described in subparagraph (A); and(ii)actions taken or practices employed by the facility to reduce or remove terrorism-related chemical security risks, where applicable.; and(C)by adding at the end the following new subparagraph:(C)Treatment of certain informationFor the purposes of subsection (a) of section 2103—(i)information described in subparagraph (B)(i) shall be given protections from public disclosure under such subsection; and(ii)information described in subparagraph (B)(ii) shall not be given protections from public disclosure under such subsection.;(3)by redesignating paragraph (4) as paragraph (7);(4)by inserting after paragraph (3) the following new paragraphs:(4)Sharing information with emergency response providers(A)In generalThe Secretary shall make available to State, local, and regional fusion centers (as that term is defined in section 210A(j)(1) of this Act) and State and local government officials such information as the Secretary determines necessary to ensure that emergency response providers are prepared and provided with the situational awareness needed to respond to security incidents at covered chemical facilities.(B)DisseminationThe Secretary shall disseminate information under subparagraph (A) to individuals identified and entities described in such subparagraph in a secure and expeditious manner.(5)Practices that may reduce chemical security risks(A)In generalBased on the information maintained under paragraph (3)(B)(ii) regarding actions taken or practices employed by chemical facilities of interest to successfully reduce or remove terrorism-related chemical security risks, the Secretary shall develop voluntary, publicly available practices that could be used to guide other facility owners and operators in preventing, reducing, and mitigating chemical security risks.(B)Treatment of sensitive informationIn developing and disseminating practices under subparagraph (A), the Secretary shall protect from public disclosure all information described in section 2103(a).(6)Congressional notificationAny time a determination is not made with respect to a chemical facility of interest within 9 months of the facility submitting a Top-Screen, the Secretary shall notify the Committees on Homeland Security and Energy and Commerce of the House and the Committee on Homeland Security and Governmental Affairs of the Senate and provide an explanation.; and(5)in paragraph (6), as redesignated by paragraph (3) of this subsection—(A)in subparagraph (B)(i)(I)—(i)in item (aa), by striking or at the end;(ii)in item (bb), by striking and and inserting or; and(iii)by adding at the end the following new item:(cc)determined that a chemical facility of interest did not present a high level of risk; and;(B)by amending subparagraph (C) to read as follows:(C)for the period beginning on the date that is one year before the date of the enactment of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019 and ending on the date of the enactment of such Act, the average length of time required to—(i)review and approve site security plans or alternative security programs for covered chemical facilities; (ii)ensure a facility has achieved full implementation of planned security measures; and(iii)conduct a compliance inspection, including the average length of time inspectors spend on an individual compliance inspection;;(C)in subparagraph (E), by striking and at the end;(D)by redesignating subparagraph (F) as subparagraph (I); and(E)by inserting after subparagraph (E) the following new subparagraphs:(F)a detailed summary of reports and other information generated under paragraph (3) regarding facilities that receive a change in tier or that are determined not to present a high level of security risk;(G)a detailed summary of practices identified and disseminated under such paragraph;(H)actions taken and results produced in implementing the practices, to the extent feasible; and .(g)Specific products and mixturesSuch section (6 U.S.C. 622) is further amended by adding at the end the following new subsection:(f)Specific products and mixtures containing chemicals of interest The Secretary may exclude a specific product or mixture that contains a chemical of interest at or above the minimum concentration listed on Appendix A to part 27 of title 6, Code of Federal Regulations, or any successor thereto, from any reporting requirements under this section if the Secretary determines that the product or mixture does not present a terrorism risk for which the chemical of interest contained within the product or mixture was included on Appendix A..4.Protection and sharing of informationSection 2103 of the Homeland Security Act of 2002 (6 U.S.C. 623) is amended—(1)by striking subsections (b), (c), and (f); and(2)by inserting after subsection (a) the following new subsections (b) and (c):(b)Authorized recipients of informationThe Secretary shall make available, upon request, information protected pursuant to subsection (a) to the following recipients:(1)State and local government officials, including law enforcement and emergency response providers, with respect to information on any chemical facility of interest within the jurisdiction of the official, but only if such information may not be disclosed pursuant to any State or local law.(2)Members of Congress.(3)Members of the Chemical Security Advisory Committee under section 2010, in the course of conducting official duties and responsibilities as described in such section.(4)The Comptroller General of the United States.(c)Information developed for other purposesNothing in this section shall be construed to prohibit a chemical facility of interest from disclosing information that was not created solely for the purpose of meeting the requirements of this title..5.Civil enforcementSection 2104 of the Homeland Security Act of 2002 (6 U.S.C. 624) is amended—(1)in subsection (a)(1)—(A)in subparagraph (A)(i), by striking 14 days after date on which and inserting three days after the date on which; and(B)in subparagraph (B), by striking 180 days and inserting 30 days;(2)in subsection (b)(2), by inserting section 2102(a)(2)(B) or any requirement issued by the Secretary thereunder after comply with;(3)in subsection (c), by inserting or other malicious act after terrorist incident; and(4)in subsection (d), by inserting , except as provided in section 2105(a)(5) regarding whistleblower retaliation before the period at the end.6.Whistleblower protectionSection 2105 of the Homeland Security Act of 2002 (6 U.S.C. 625) is amended—(1)in subsection (a)—(A)in paragraph (1), by striking Not later than 180 days after the date of enactment of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, the Secretary and inserting The Secretary; (B)by amending paragraph (2) to read as follows:(2)Confidentiality(A)In generalExcept as provided in subparagraph (B), in the absence of the written consent of an individual who submits a report under paragraph (1)—(i)the Secretary shall keep confidential the identity of and any identifying information relating to that individual; and(ii)any such report shall be subject to the protections on information under section 2103 of this Act to the extent that the report does not consist of publicly available information.(B)NoticeIn a case in which it is necessary to disclose the identity of or any identifying information relating to an individual who submits a report under paragraph (1) because it is essential to investigate the information contained in the report or because of compulsory legal process, the Secretary shall provide timely advance notice to the individual of such disclosure.;(C)by amending paragraph (3) to read as follows:(3)Response to reportsIf a report submitted under paragraph (1) contains information identifying the individual making the report, the Secretary, or the designee of the Secretary shall, by not later than 15 days after the date on which the report is received, respond to the individual directly and acknowledge receipt of the report.;(D)in paragraph (5)—(i)by amending subparagraph (C) to read as follows:(C)Opportunity for reviewIn any action under paragraph (4) that is based on information received under the procedure established under paragraph (1), the Secretary shall provide for review of the action if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.;(ii)in subparagraph (D)—(I)by striking unless the Secretary determines and inserting , except that the Secretary may provide for a 30-day extension if the Secretary determines;(II)by striking that the violation providing a basis for the action continues to exist. and inserting that—; and(III)by adding at the end the following new clauses:(i)the violation providing a basis for the action continues to exist; or(ii)such period is insufficient to complete the review of the action.; and(E)in paragraph (6)—(i)in subparagraph (A), by striking discharge an employee or otherwise discriminate against an employee with respect to the compensation provided to, or terms, conditions, or privileges of the employment of, the employee because the employee (or an individual acting pursuant to a request of the employee) submitted a report under paragraph (1). and inserting discharge an employee or otherwise discriminate against an employee or former employee with respect to the compensation provided to, or terms, conditions, or privileges associated with current or past employment of, the employee or former employee because the employee or former employee (or an individual acting pursuant to a request of the employee or former employee) submitted a report under paragraph (1).; and(ii)in subparagraph (B), in the matter preceding clause (i), by—(I)inserting or former employee after An employee; and(II)inserting or former employee (or an individual acting pursuant to a request of the employee or former employee) after the employee; and(iii)by adding at the end the following new subparagraph:(C)Procedure and remedy(i)In generalThe Secretary shall establish a procedure for the review and investigation of complaints of reprisals prohibited under subparagraph (A) and for remedies for violations of such subparagraph.(ii)Judicial remediesNothing in this title shall be construed to deny an individual who submits a complaint for any reprisal prohibited under subparagraph (A) from seeking a judicial remedy against the owner or operator of the chemical facility of interest as long as the individual has exhausted administrative remedies.; and(2)by striking subsection (d).7.Chemical Security Advisory Committee(a)In generalTitle XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) is amended by adding at the end the following new section:2110.Chemical Security Advisory Committee(a)EstablishmentThe Secretary shall establish a standing Chemical Security Advisory Committee to advise the Secretary on the implementation of this title.(b)Membership(1)In generalThe Advisory Committee shall be comprised of 12 members selected by the Secretary, which shall include at least one individual who is a multi-disciplinary stakeholder with scientific or other expertise representing each of the following:(A)Industry.(B)Academia.(C)Labor.(D)Emergency response providers.(E)Local emergency planners.(F)Environmental, community, or public health advocates, particularly for communities with high concentrations of covered chemical facilities.(G)Cybersecurity and information policy.(2)TermsEach member shall be appointed for an initial term of three years and may be reappointed for one additional three-year term.(3)ChairThe Committee shall have a chair, who shall be selected by the members of the Committee.(4)PayMembers shall serve without pay.(5)QuorumA majority of members of the Advisory Committee shall constitute a quorum but a lesser number may hold hearings.(c)SubcommitteesThe Advisory Committee may establish subcommittees to assesses and recommend improvements to the risk tiering methodology for chemical facilities, the risk-based performance standards for chemical facilities, risk reduction strategies, and other aspects of the program under this title as the Secretary determines appropriate.(d)Information protectionMembers of Advisory Committee shall maintain information protections pursuant to section 2103 of this Act. Any member who needs to access classified information to carry out assessments and recommendations for improving the risk tiering methodology for chemical facilities shall have an appropriate security clearance.(e)Annual report(1)Submission to the SecretaryNot later than January 30 each year, the chair shall submit to the Secretary a report on the activities of the Committee during the year preceding the year during which the report is submitted.(2)Submission to congressNot later than 45 days after receiving a report from the Advisory Committee under paragraph (1), the Secretary shall provide to the Committees on Homeland Security and Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of the report together with any Secretarial feedback on the report.(f)Applicability of FACAThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee established under this section..(b)Clerical amendmentThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 2109 the following new item:2110. Chemical Security Advisory Committee..8.Implementation plan and report to Congress(a)Implementation planNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop, and submit to Congress, an implementation plan outlining how the Secretary plans to—(1)aggregate, anonymize, and analyze data collected from covered chemical facilities or chemical facilities of interest to identify practices that such facilities have employed to successfully reduce or remove terrorism-related chemical security risks;(2)develop voluntary, publicly available, practices based on such data, which may be updated as necessary, to guide facility owners and operators in preventing, reducing, and managing security risks; and(3)disseminate such practices to chemical facility owners and operators through an appropriate medium or system, including by making such practices available to the public to the greatest extent practicable.(b)Report(1)Initial reportNot later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of implementation plan required under subsection (a), a description of the voluntary, publicly available, practices identified, and the system or medium used to disseminate such practices to chemical facility owners and operators.(2)Annual updatesNot later than one year after the submission of the report required under paragraph (1), and annually thereafter, the Secretary shall submit to Congress information on changes to the voluntary practices information disseminated and bases for such changes, information on feedback collected from facility owners and operators regarding the extent to which voluntary practices were adopted, and information on what impact the dissemination of voluntary practices have had on the effectiveness of the program.9.Study on risks posed by excluded facilities(a)Study requiredThe Secretary of Homeland Security shall enter into an agreement with a non-Department of Homeland Security entity for the conduct of an independent assessment of—(1)the implications for national security and homeland security of exempting from regulation under title XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) excluded facilities, as such term is defined in section 2101(4) of such Act.;(2)the implications for such excluded facilities of exempting such facilities from regulation; and(3)the implications of exempting such facilities from regulation for the communities located in the same geographic areas as such facilities.(b)Report to CongressNot later than 16 months after entering into an agreement under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes the findings and recommendations of the independent assessment required by subsection (a).(c)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Homeland Security and Governmental Affairs of the Senate; and(2)the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.10.Study on feasibility of waiver program(a)Study requiredThe Secretary of Homeland Security shall conduct a study to assess the feasibility and desirability of establishing a process under which certain chemical facilities, as determined by the Secretary, may apply to for a waiver of certain regulatory requirements under title XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) upon showing that—(1)the requirements under such title are covered, to the same extent and in the same manner, under another Federal regulatory program;(2)the facility is in full and complete compliance with such other Federal regulatory program, as shown through timely scheduled inspections, audits, and other supporting evidence; and(3)the facility has not, during the five-year period preceding the date on which a waiver is requested, been subject to an enforcement action brought by the Federal regulator overseeing such regulatory program or been found to be noncompliant with any aspect of such regulatory program.(b)Report to congressNot later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes detailed findings regarding the establishment of the process described in subsection (a) and, if appropriate, recommendations for implementation.(c)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Homeland Security and Governmental Affairs of the Senate; and(2)the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.11.Review of tiering methodology(a)Review requiredThe Director of the Cybersecurity and Infrastructure Security Agency shall—(1)conduct a review of the risk assessment approach and corresponding tiering methodology for covered chemical facilities required pursuant to section 2102(e)(2) of the Homeland Security Act of 2002, as amended by this Act, and assess the extent to which the approach and tiering methodology takes into account—(A)the nature of the area surrounding the chemical facility, the presence of nearby facilities or other critical infrastructure, and other features of the community that could contribute to the consequences of a terrorist attack or exploitation of chemicals of interest; (B)the potential effects on the health and economic conditions of communities disproportionately vulnerable to the consequences of a terrorist attack or exploitation of chemicals of interest; and(C)the vulnerabilities of chemical facilities to cybersecurity threats, including the vulnerabilities of facilities’ information technology and operational technology and the implications on the potential for penetration of both the physical security and cybersecurity of facilities; and(2)based on the review under paragraph (1), develop a plan to ensure that when the tiering methodology is next updated, the nature of the surrounding area, the presence of nearby facilities or other critical infrastructure, and other features of the community that could contribute to the consequences of a terrorist attack or exploitation of chemicals of interest and impacts on communities disproportionately vulnerable to the consequences of a terrorist attack or exploitation of chemicals of interest are considered.(b)Report to Congress(1)Report on reviewNot later than two years after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the tiering methodology review required under subsection (a).(2)Submittal of plan Not later than one year after submitting the report under paragraph (1), the Director shall submit to the appropriate congressional committees the tiering methodology plan required under subsection (a)(2).(3)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(A)the Committee on Homeland Security and Governmental Affairs of the Senate; and(B)the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.12.Comptroller General reports(a)Evaluation of effectiveness of risk-based performance standards(1)Study and reportNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the appropriate congressional committees a report on the effectiveness of the risk-based performance standards used by the Department of Homeland Security under title XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) in protecting businesses, employees, the economy, the public, and national security against existing and evolving threats of concern.(2)Contents of reportThe report required by paragraph (1) shall address—(A)the sufficiency of security risk determinations and countermeasures under title XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.); and (B)the need for revised or additional methods to address evolving security risks. (b)Evaluation of information managementNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the appropriate congressional committees a report on—(1)how the Secretary of Homeland Security documents, maintains, and uses information on tiering changes pursuant to section 2102(e)(3) of the Homeland Security Act of 2002 (6 U.S.C. 622(e)(3)); and(2)how management, maintenance, utility, and use of the information could be improved to better identify and disseminate practices to reduce chemical security risks.(c)Evaluation of practices to reduce chemical security risksNot later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the development and distribution by the Secretary of Homeland Security of practices to address chemical security risks and of any actions taken or results produced in response to such practices.(d)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Homeland Security and Governmental Affairs of the Senate; and(2)the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.13.Voluntary mechanism for reporting drones and other emerging threats(a)In generalNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, shall provide a secure communications and information technology infrastructure or platform that allows owners and operators of covered chemical facilities to report, on a voluntary basis, information on emerging threats, including terrorism threats posed by unmanned aircraft systems (as defined in section 331(9) of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note) to covered chemical facilities.(b)Platform capabilitiesThe Secretary shall ensure that the secure communications and information technology infrastructure or platform established pursuant to subsection (a) is designed to support data mining and other advanced analytic tools to access, receive, and analyze data and information to facilitate the reporting of the information described in subsection (a).14.Regulations regarding specific products and mixtures containing chemicals of interestNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations to enact a process through which the Secretary can be petitioned to exclude a product or mixture under subsection (f) of section 2102 of the Homeland Security Act, as added by section 3. In collecting information from petitioners under such subsection, the Secretary shall not be subject to subchapter I of chapter 35 of title 44, United States Code, or section 553 of title 5, United States Code.15.Voluntary program(a)In generalThe Director of Cybersecurity and Infrastructure Security of the Department of Homeland Security may develop a voluntary program for chemical facilities to address potential security risks at such facilities.(b)Congressional notificationNot less than 15 days prior to commencing a voluntary program pursuant to subsection (a), the Director shall provide notification to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.16.Study on local emergency response capacity to respond to chemical security incidents(a)Study requiredThe Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, shall conduct a study on how to improve training and support for local emergency response providers in areas with high concentrations of covered chemical facilities in how to respond to a terrorist attack on a chemical facility.(b)FeaturesIn carrying out the study required under subsection (a), the Secretary shall consider, as appropriate—(1)the degree to which jurisdictions with high concentrations of covered chemical facilities have fire, police, medical, and other response personnel trained and equipped to respond to a terrorist attack on a chemical facility and have—(A)evacuation and shelter in place protocols tailored to the unique needs of the jurisdiction and the chemical properties of chemicals of interest that would be involved in the attack and that take into consideration vulnerable populations, including schools, child care centers, nursing facilities, and hospitals;(B)community notification and warning systems; and(C)surge capacities of hospitals and other health care facilities in the area; and(2)what, if any, distinctions are there in preparedness for a terrorist attack on a chemical facility in jurisdictions that rely on volunteers to carry out fire, police, medical and other response and jurisdictions that do not rely, in whole or in part, on volunteers; and(3)all training, equipment, and support provided by the Department of Homeland Security to local emergency response providers in areas with a high concentration of covered chemical facilities and chemical facilities of interest.(c)SurveyIn carrying out the study required under subsection (a), the Secretary may partner with a non-Departmental entity for the survey of a representative sample of emergency response providers in areas with a high concentration of covered chemical facilities, chemical facilities of interest, or other facilities with large quantities of chemicals.(d)ReportNo later than two years from the date on which the Secretary commences the study required under subsection (a), the Secretary shall submit to Congress the study, accompanied by plans, as appropriate, to—(1)improve the Department’s counter-terrorism preparedness and response planning, training, and equipment efforts to ensure that they are better tailored and resourced to address the unique needs of local emergency response providers in areas with a high concentration of covered chemical facilities and chemical facilities of interest; and(2)improve coordination among Federal, State, local, tribal, and territorial government officials in emergency planning and response in areas with high concentrations of covered chemical facilities, chemical facilities of interest, or other facilities with large quantities of hazardous chemicals.(e)Public availabilityThe report required under this section shall be made publicly available, but may include a classified annex.17.Previously approved facilitiesIn the case of a chemical facility that is a covered chemical facility under title XXI of the Homeland Security Act of 2002 for which the Secretary of Homeland Security approved a site security plan under such title before the date of enactment of this Act, the Secretary shall not require the facility to resubmit the site security plan solely by reason of the enactment of this Act or the amendments made by this Act.18.TerminationSection 5 of the Protecting and Securing Chemical Facilities From Terrorist Attacks Act of 2014 (Public Law 113–254; 6 U.S.C. 621 note) is amended by striking the date that is 5 years and 3 months after the effective date of this Act and inserting May 1, 2025.September 21, 2020Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


115 HR 1938 IH: President-Elect Release of Tax Return Act of 2017
U.S. House of Representatives
2017-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1938IN THE HOUSE OF REPRESENTATIVESApril 5, 2017Mr. Garrett introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require the President-elect to submit copies to the Committee on House Administration of the
			 House of Representatives and the Committee on Rules and Administration of
			 the Senate of the Federal income tax returns filed for the 4 most recent
			 taxable years, and for other purposes.

 1.Short titleThis Act may be cited as the President-Elect Release of Tax Return Act of 2017. 2.Requiring President-elect to submit copies of income tax returns to Committees of Congress (a)SubmissionThe President-elect shall submit a copy of each Federal income tax return filed by such individual with the Internal Revenue Service for the 4 most recent taxable years to—
 (1)the chair and ranking minority member of the Committee on House Administration of the House of Representatives; and
 (2)the chair and ranking minority member of the Committee on Rules and Administration of the Senate. (b)Permitted redactionsThe President-elect may redact from the copy of any Federal income tax return submitted under this section any of the following:
 (1)Any Social Security number of any individual. (2)Any taxpayer identification number of any person.
 (3)Any account identification number. (4)Any name of any dependent of the taxpayer.
 (c)DeadlineThe President-elect shall submit the information required under this section not later than the date of the meeting of the Senate and House of Representatives held pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President.
			3.Alternative disclosure of returns by Secretary of the Treasury; permitting disclosure of
 information by CommitteesSection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

				(23)Disclosure of tax returns of president-elect candidates
 (A)Disclosure to Committees of Congress if candidate does not meet disclosure requirementsIf the President-elect does not submit a copy of a Federal income tax return to the chairs and ranking minority members of the Committees on House Administration of the House of Representatives and Rules and Administration of the Senate, as required under section 2 of the President-Elect Release of Tax Return Act of 2017, by the date specified in subsection (c) of such section (or if any such return so submitted is incomplete or inaccurate), the Secretary shall disclose such return to the chairs and ranking minority members of such Committees not later than 10 days after such date.
 (B)RedactionsThe Secretary shall redact the information described in paragraphs (1) through (4) of subsection (b) of section 2 of the President-Elect Release of Tax Return Act of 2017 with respect to a Federal income tax return of the President-elect before disclosing the return under subparagraph (A).
 (C)Public disclosure of informationThe chairs and ranking minority members of the Committees referred to in subparagraph (A) may disclose any information contained in a return submitted by the President-elect under section 2 of the President-Elect Release of Tax Return Act of 2017 or disclosed by the Secretary under subparagraph (A).
					.


109 HR 2743 IH: For the relief of Aida Abigail Trevino de Zamarron.
U.S. House of Representatives
2005-05-26
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.

V
109th CONGRESS
1st Session
H. R. 2743
IN THE HOUSE OF REPRESENTATIVES

May 26, 2005
Mr. Cuellar introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Aida Abigail Trevino de Zamarron.

1.Permanent resident status for Aida Abigail Trevino de Zamarron
(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Aida Abigail Trevino de Zamarron shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
(b)Adjustment of statusIf Aida Abigail Trevino de Zamarron enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
(c)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
(d)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Aida Abigail Trevino de Zamarron, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
(e)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Aida Abigail Trevino de Zamarron shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.


110 HR 6850 IH: To allow veterans to elect to use, with the approval of

U.S. House of Representatives
2008-09-09
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
		2d Session
		H. R. 6850
		IN THE HOUSE OF REPRESENTATIVES

			September 9, 2008
			Mr. Fortenberry
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To allow veterans to elect to use, with the approval of
		  the Secretary of Veterans Affairs, certain financial educational assistance to
		  establish and operate certain business, and for other
		  purposes.

		1.Short titleThis Act may be cited as the Veterans
			 Entrepreneurial Transition Business Benefit Act.
		2.Veterans
			 entrepreneurial transition business benefit
			(a)In
			 generalA veteran who is
			 eligible to receive financial educational assistance under chapter 30 of title
			 38, United States Code, may elect to use, with the approval of the Secretary of
			 Veterans Affairs, any of such financial assistance to establish and operate a
			 business that the veteran will own and operate as the primary source of income
			 for the veteran.
			(b)RegulationsThe Secretary shall issue regulations to
			 carry out subsection (a), including regulations to ensure that financial
			 assistance used under this section is used for the purpose for which it is
			 approved, to establish application procedures requiring appropriate business
			 planning, and to require periodic reporting throughout the duration of the
			 provision of such assistance.


		I
		112th CONGRESS
		1st Session
		H. R. 630
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2011
			Mr. Critz introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To waive the annuity buyback requirement under the
		  Federal Employees Retirement Service with respect to certain law enforcement
		  officers involuntarily called or retained on active duty, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Law Enforcement Officers’ Military Service
			 Act.
		2.Waiver of Federal
			 Employees Retirement Service annuity buyback requirementSection 8411(c) of title 5, United States
			 Code, is amended—
			(1)in paragraph (1),
			 by striking and (5) and inserting (5), and
			 (6);
			(2)by adding at the
			 end the following:

					(6)(A)If, for any period beginning on or after
				September 11, 2001, a law enforcement officer is or was involuntarily called or
				ordered to active duty under section 12301(a) of title 10 (or any other
				provision of law) or involuntarily retained on active duty under section 502(f)
				of title 32 (or any other provision of law)—
							(i)such officer shall be allowed credit for
				such period of active duty (as military service); and
							(ii)no deposit under section 8422(e) shall be
				required for any period for which credit is so allowed.
							(B)The Director of the Office of
				Personnel Management shall prescribe regulations to carry out this
				paragraph.
						.
			3.Effective
			 dates
			(a)In
			 generalThe amendments made
			 by section 2—
				(1)shall apply to any
			 annuity commencing on or after the date of the enactment of this Act;
			 and
				(2)shall apply to any
			 annuity commencing before the date of enactment of this Act only if appropriate
			 application is made, in accordance with Office of Personnel Management
			 regulations, within 2 years after date of enactment of this Act.
				(b)RecomputationAn annuity commencing before date of
			 enactment of this Act, for which appropriate application is made in accordance
			 with subsection (a)(2), shall be recomputed to reflect the amendments made by
			 section 2 with respect to amounts payable for months beginning on or after the
			 date on which such application is made.
			(c)Survivor
			 annuityA survivor may submit an application described in
			 subsection (a)(2) for purposes of a survivor annuity to which such survivor is
			 entitled.


109 HR 5048 IH: To direct the Secretary of Energy to undertake a study of the need for and feasibility of establishing a strategic natural gas reserve.
U.S. House of Representatives
2006-03-29
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
2d Session
H. R. 5048
IN THE HOUSE OF REPRESENTATIVES

March 29, 2006
Mr. Tancredo introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Secretary of Energy to undertake a study of the need for and feasibility of establishing a strategic natural gas reserve.

1.ReportNot later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress a report on the results of a study of the need for and feasibility of establishing a strategic natural gas reserve similar to the Strategic Petroleum Reserve.


		II
		111th CONGRESS
		1st Session
		S. 108
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To prohibit the admission of an alien who was detained as
		  an enemy combatant at Guantanamo Bay, Cuba unless the President determines that
		  such admission is consistent with the national security of the United States,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Protection from Enemy Combatants
			 Act.
		2.Limitation on
			 admission of aliens detained at Guantanamo Bay, Cuba
			(a)Covered alien
			 definedIn this section, the term covered alien
			 means an alien who was detained as an enemy combatant by the United States at
			 Guantanamo Bay, Cuba.
			(b)Prohibition on
			 admission by a courtSubject to subsection (d), a court of the
			 United States may not order the release or parole into the United States of a
			 covered alien.
			(c)Prohibition on
			 admission by the Secretary of State or the Secretary Homeland Security
				(1)VisaSubject
			 to subsection (d), the Secretary of State may not issue any visa to a covered
			 alien that would permit the covered alien to enter, or be admitted to, the
			 United States.
				(2)Immigration
			 statusSubject to subsection (d), the Secretary of Homeland
			 Security may not admit or provide any type of immigration status to a covered
			 alien that would permit the covered alien to enter, or be admitted to, the
			 United States.
				(d)WaiverThe
			 President, in the sole discretion of the President, may waive a restriction
			 described in subsection (b) or (c), in whole or in part, if the President
			 determines that the waiver of such restriction is consistent with the national
			 security of the United States.


110 HRES 1221 : Raising a question of the privileges of the House.
U.S. House of Representatives
0805
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
110th CONGRESS
2d Session
H. RES. 1221
IN THE HOUSE OF REPRESENTATIVES

May 22, 2008
Mr. Boehner submitted the following resolution; which was laid on the table

RESOLUTION
Raising a question of the privileges of the House.

Whereas the Democratic Leadership has engaged in a continuing pattern of withholding accurate information vital for Members of the House of Representatives to have before voting on legislation;
Whereas the conference report on H.R. 2419, which was adopted by the House on May 14, 2008, and the Senate on May 15, 2008, contained title III, relating to trade, which contained sections 3001 through 3301;
Whereas the Speaker and the Clerk certified that the enrolled copy of H.R. 2419 transmitted to the President was a true and accurate reflection of the actions taken by the House and Senate;
Whereas the enrolled copy certified by the Speaker and the Clerk and presented to the President failed to include title III and sections 3001 through 3301 and was not an accurate or complete document;
Whereas the President vetoed and returned to the House said certified copy;
Whereas before laying the President’s message before the House, the Speaker and the Democratic Leadership were informed by the Office of the Law Revision Counsel and the Committee on Agriculture that said certified copy was erroneous and not an accurate or complete document;
Whereas on May 21, 2008, the Democratic Leadership deliberately chose to ignore that notification and instead allowed the House to vote on an incorrect version of this legislation;
Whereas a veto override requires 2/3 of the House to vote in the affirmative, and knowledge of this mistake may have influenced each Member’s decision and therefore changed the outcome of this vote, which is why the Democratic Leadership chose not to pursue a correction of this legislation;
Whereas the effect of these actions raises serious constitutional questions and jeopardizes the legal status of this legislation;
Whereas Speaker Pelosi and Majority Leader Hoyer knowingly scheduled and began consideration of the President’s veto of H.R. 2419, without regard to the serious and obvious constitutional questions and detrimental implications to the sanctity of the House and its process;
Whereas at the direction of the Republican Leader, senior staff contacted the Chief-of-Staff to the Speaker and the Floor Director for the Majority Leader, requesting that they immediately halt consideration of the veto message until the facts surrounding the errors could be sorted out and all Members could be notified;
Whereas the Democratic Leadership refused that request;
Whereas in the 109th Congress, the current Speaker, Nancy Pelosi, offered a privileged resolution, H. Res. 683, accusing the Republicans of concealment, incompetence, and corruption with respect to the enrollment error of the Deficit Reduction Act;
Whereas the Deficit Reduction Act was the subject of numerous lawsuits questioning its validity due to the enrollment error, including a lawsuit filed by several Democratic Members;
Whereas in a memorandum from the Clerk of the House to Speaker Nancy Pelosi entitled Farm Bill Omission and dated May 21, 2008, the Clerk stated Enrolling Division staff expressed concern in receiving direct calls from Leadership and the Committee to accelerate the enrolling process.; and
Whereas the Democratic Leadership’s repeated efforts to thwart the normal legislative process by cutting corners, ignoring requirements of the Constitution and House rules, and rushing through legislation with major errors, forces Members to vote on controversial legislation without thorough time for review and must be denounced: Now, therefore, be it

That—
(1)the Committee on Standards of Official Conduct shall begin an immediate investigation into the abuse of power surrounding the inaccuracies in the process and enrollment of H.R. 2419, Food and Energy Security Act of 2007, vetoed by the President on May 21, 2008; and
(2)the Speaker, Majority Leader and other Members of the Democratic Leadership are hereby admonished for their roles in the events surrounding this enrollment error.


116 HR 1061 IH: Fort Scott National Historic Site Boundary Modification Act
U.S. House of Representatives
2019-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1061IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2019Mr. Watkins (for himself, Ms. Davids of Kansas, Mr. Marshall, and Mr. Estes) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo modify the boundary of the Fort Scott National Historic Site in the State of Kansas, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Fort Scott National Historic Site Boundary Modification Act. 2.Fort Scott National Historic Site boundaryPublic Law 95–484 (92 Stat. 1610) is amended—
 (1)in the first section— (A)by inserting , by purchase with appropriated funds, or by exchange after donation; and
 (B)by striking the proviso; and (2)in section 2—
 (A)by striking Sec. 2. When and inserting the following:  2.Establishment (a)In generalWhen; and
 (B)by adding at the end the following:  (b)Boundary modificationThe boundary of the Fort Scott National Historic Site established under subsection (a) is modified as generally depicted on the map referred to as Fort Scott National Historic Site Proposed Boundary Modification, numbered 471/80,057, and dated February 2016..


		II

		109th CONGRESS

		1st Session

		S. 820

		IN THE SENATE OF THE UNITED STATES

			April 15, 2005

			Mr. Feingold (for

			 himself and Ms. Collins) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To promote the development of health care cooperatives

		  that will help businesses to pool the health care purchasing power of

		  employers, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Promoting Health Care Purchasing

			 Cooperatives Act.

		2.Findings and

			 purpose

			(a)FindingsCongress

			 makes the following findings:

				(1)Health care

			 spending in the United States has reached 15 percent of the Gross Domestic

			 Product of the United States, yet 45,000,000 people, or 15.6 percent of the

			 population, remains uninsured.

				(2)After nearly a

			 decade of manageable increases in commercial insurance premiums, many employers

			 are now faced with consecutive years of double digit premium increases.

				(3)Purchasing

			 cooperatives owned by participating businesses are a proven method of achieving

			 the bargaining power necessary to manage the cost and quality of

			 employer-sponsored health plans and other employee benefits.

				(4)The Employer

			 Health Care Alliance Cooperative has provided its members with health care

			 purchasing power through provider contracting, data collection, activities to

			 enhance quality improvements in the health care community, and activities to

			 promote employee health care consumerism.

				(5)According to the

			 National Business Coalition on Health, there are nearly 80 employer-led

			 coalitions across the United States that collectively purchase health care,

			 proactively challenge high costs and the inefficient delivery of health care,

			 and share information on quality. These coalitions represent more than 10,000

			 employers.

				(b)PurposeIt

			 is the purpose of this Act to build off of successful local employer-led health

			 insurance initiatives by improving the value of their employees' health

			 care.

			3.Grants to self

			 insured businesses to form health care cooperatives

			(a)AuthorizationThe

			 Secretary of Health and Human Services (in this Act referred to as the

			 Secretary), acting through the Director of the Agency for

			 Healthcare Research and Quality, is authorized to award grants to eligible

			 groups that meet the criteria described in subsection (d), for the development

			 of health care purchasing cooperatives. Such grants may be used to provide

			 support for the professional staff of such cooperatives, and to obtain

			 contracted services for planning, development, and implementation activities

			 for establishing such health care purchasing cooperatives.

			(b)Eligible group

			 defined

				(1)In

			 generalIn this section, the term eligible group

			 means a consortium of 2 or more self-insured employers, including agricultural

			 producers, each of which are responsible for their own health insurance risk

			 pool with respect to their employees.

				(2)No transfer of

			 riskIndividual employers who are members of an eligible group

			 may not transfer insurance risk to such group.

				(c)ApplicationAn

			 eligible group desiring a grant under this section shall submit to the

			 Secretary an application at such time, in such manner, and accompanied by such

			 information as the Secretary may require.

			(d)Criteria

				(1)Feasibility

			 study grants

					(A)In

			 generalAn eligible group may submit an application under

			 subsection (c) for a grant to conduct a feasibility study concerning the

			 establishment of a health insurance purchasing cooperative. The Secretary shall

			 approve applications submitted under the preceding sentence if the study will

			 consider the criteria described in paragraph (2).

					(B)ReportAfter

			 completion of a feasibility study under a grant under this section, an eligible

			 group shall submit to the Secretary a report describing the results of such

			 study.

					(2)Grant

			 criteriaThe criteria described in this paragraph include the

			 following with respect to the eligible group:

					(A)The ability of

			 the group to effectively pool the health care purchasing power of

			 employers.

					(B)The ability of

			 the group to provide data to employers to enable such employers to make

			 data-based decisions regarding their health plans.

					(C)The ability of

			 the group to drive quality improvement in the health care community.

					(D)The ability of

			 the group to promote health care consumerism through employee education,

			 self-care, and comparative provider performance information.

					(E)The ability of

			 the group to meet any other criteria determined appropriate by the

			 Secretary.

					(e)Cooperative

			 grantsAfter the submission of a report by an eligible group

			 under subsection (d)(1)(B), the Secretary shall determine whether to award the

			 group a grant for the establishment of a cooperative under subsection (a). In

			 making a determination under the preceding sentence, the Secretary shall

			 consider the criteria described in subsection (d)(2) with respect to the

			 group.

			(f)Cooperatives

				(1)In

			 generalAn eligible group awarded a grant under subsection (a)

			 shall establish or expand a health insurance purchasing cooperative that

			 shall—

					(A)be a nonprofit

			 organization;

					(B)be wholly owned,

			 and democratically governed by its member-employers;

					(C)exist solely to

			 serve the membership base;

					(D)be governed by a

			 board of directors that is democratically elected by the cooperative membership

			 using a 1-member, 1-vote standard; and

					(E)accept any new

			 member in accordance with specific criteria, including a limitation on the

			 number of members, determined by the Secretary.

					(2)Authorized

			 cooperative activitiesA cooperative established under paragraph

			 (1) shall—

					(A)assist the

			 members of the cooperative in pooling their health care insurance purchasing

			 power;

					(B)provide data to

			 improve the ability of the members of the cooperative to make data-based

			 decisions regarding their health plans;

					(C)conduct

			 activities to enhance quality improvement in the health care community;

					(D)work to promote

			 health care consumerism through employee education, self-care, and comparative

			 provider performance information; and

					(E)conduct any other

			 activities determined appropriate by the Secretary.

					(g)Review

				(1)In

			 generalNot later than 1 year after the date on which grants are

			 awarded under this section, and every 2 years thereafter, the Secretary shall

			 study programs funded by grants under this section and provide to the

			 appropriate committees of Congress a report on the progress of such programs in

			 improving the access of employees to quality, affordable health

			 insurance.

				(2)Sliding scale

			 fundingThe Secretary shall use the information included in the

			 report under paragraph (1) to establish a schedule for scaling back payments

			 under this section with the goal of ensuring that programs funded with grants

			 under this section are self sufficient within 10 years.

				4.Grants to small

			 businesses to form health care cooperativesThe Secretary shall carry out a grant

			 program that is identical to the grant program provided in section 3, except

			 that an eligible group for a grant under this section shall be a consortium of

			 2 or more employers, including agricultural producers, each of which—

			(1)have 99 employees

			 or less; and

			(2)are purchasers of

			 health insurance (are not self-insured) for their employees.

			5.Authorization of

			 appropriationsFrom the

			 administrative funds provided to the Secretary, the Secretary may use not more

			 than a total of $60,000,000 for fiscal years 2006 through 2015 to carry out

			 this Act.


113 SRES 45 IS: Authorizing expenditures by the Committee on Environment and Public Works of the Senate.
U.S. Senate
2013-02-26
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.

		III
		113th CONGRESS
		1st Session
		S. RES. 45
		IN THE SENATE OF THE UNITED STATES

			February 26, 2013
			Mrs. Boxer, from the
			 Committee on Environment and Public
			 Works, reported the following original resolution; which was
			 referred to the Committee on Rules and
			 Administration

		RESOLUTION
		Authorizing expenditures by the Committee
		  on Environment and Public Works of the Senate.

		1.In carrying out its powers, duties, and
			 functions under the Standing Rules of the Senate, in accordance with its
			 jurisdiction under rule XXV of the Standing Rules of the Senate, including
			 holding hearings, reporting such hearings, and making investigations as
			 authorized by paragraphs 1 and 8 of rule XXVI of the Standing Rules of the
			 Senate, the Committee on Environment and Public Works (in this resolution
			 referred to as the committee) is authorized from March 1, 2013,
			 through September 30, 2013, in its discretion—
			(1)to make expenditures from the contingent
			 fund of the Senate;
			(2)to employ personnel; and
			(3)with the prior consent of the Government
			 department or agency concerned and the Committee on Rules and Administration,
			 to use on a reimbursable or nonreimbursable basis the services of personnel of
			 any such department or agency.
			2.The expenses of the committee for the
			 period March 1, 2013, through September 30, 2013, under this resolution shall
			 not exceed $3,178,904, of which amount—
			(1)not to exceed $4,666.67 may be expended for
			 the procurement of the services of individual consultants, or organizations
			 thereof (as authorized by section 202(i) of the Legislative Reorganization Act
			 of 1946 (2 U.S.C. 72a(i))); and
			(2)not to exceed $1,166.67 may be expended for
			 the training of the professional staff of the committee (under procedures
			 specified by section 202(j) of the Legislative Reorganization Act of
			 1946).
			3.(a)Except as provided in subsection (b),
			 expenses of the committee under this resolution shall be paid from the
			 contingent fund of the Senate upon vouchers approved by the chairman of the
			 committee.
			(b)Vouchers shall not be required—
				(1)for the disbursement of salaries of
			 employees paid at an annual rate;
				(2)for the payment of telecommunications
			 provided by the Office of the Sergeant at Arms and Doorkeeper;
				(3)for the payment of stationery supplies
			 purchased through the Keeper of the Stationery;
				(4)for payments to the Postmaster of the
			 Senate;
				(5)for the payment of metered charges on
			 copying equipment provided by the Office of the Sergeant at Arms and
			 Doorkeeper;
				(6)for the payment of Senate Recording and
			 Photographic Services; or
				(7)for payment of franked and mass mail costs
			 by the Sergeant at Arms and Doorkeeper, United States Senate.
				4.There are authorized such sums as may be
			 necessary for agency contributions related to the compensation of employees of
			 the committee from March 1, 2013, through September 30, 2013, to be paid from
			 the appropriations account for Expenses of Inquiries and
			 Investigations.


116 HR 9003 IH: Climate Change Diplomacy and Development Act of 2020
U.S. House of Representatives
2020-12-17
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.

I116th CONGRESS2d SessionH. R. 9003IN THE HOUSE OF REPRESENTATIVESDecember 17, 2020Mr. Deutch (for himself, Mr. Keating, Mr. Peters, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo require the Secretary of State to submit to Congress a strategy of the Department of State and the United States Agency for International Development to address the global climate change crisis, improve the energy and resource efficiency of the Department, and for other purposes.1.Short titleThis Act may be cited as the Climate Change Diplomacy and Development Act of 2020.2.Findings; Sense of Congress(a)FindingsCongress finds the following:(1)The planet risks increasingly catastrophic impacts unless global average temperatures are limited to no more than 2° C, aiming for 1.5° C above preindustrial levels.(2)According to the Intergovernmental Panel on Climate Change’s Special Report on 1.5° C, limiting warming to no more than 1.5° C requires fast mitigation of both CO2 and non-CO2 climate pollutants, as well as the protection and expansion of forests and other sinks that remove and store CO2, along with other strategies for removing CO2 and other climate pollutants.(3)Forced displacement and forced migration are increasingly caused or exacerbated by environmental changes and climate-induced disruptions.(4)The United National Human Rights Council has recognized that climate change poses an existential threat that has already had a negative impact on the fulfillment of human rights.(5)To have a chance at limiting warming to 1.5° C and avoiding increasingly severe impacts from climate change, the Intergovernmental Panel on Climate Change (IPCC) concluded that global net anthropogenic carbon dioxide emissions must fall by 45 percent from global 2010 levels by 2030 and reach net-zero by 2050.(6)Failure to act on the climate crisis leads to higher levels of warming and exposes all regions of the world to potentially catastrophic insecurity and destabilization that could cause a breakdown of economies, social systems, and political institutions in ways that are likely irreversible. It is in the interest of the United States to place a high priority on strengthening the global response to the threat of climate change.(7)United States leadership and ingenuity are central to solving the climate crisis. The United States must act urgently, guided by science, and in concert with the international community to significantly reduce emissions, prepare for climate impacts, and drive progress through international negotiations to maintain a livable climate for today and future generations.(8)The United States can also build strong scientific and security partnerships and reinforce the United States ability to lead on other key global priorities through climate diplomacy. These efforts can foster climate security while creating new opportunities for United States leadership, economic growth, and innovation.(9)The United States is a Party to the United Nations Framework Convention on Climate Change (referred to in this Act as the Convention), as agreed to by the advice and consent of the Senate on October 7, 1992, and should remain actively engaged in the Convention.(10)In Paris, on December 12, 2015, parties to the Convention reached a landmark agreement to strengthen the global response to the threat of climate change by keeping a global temperature rise well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5° C.(b)Sense of CongressIt is the sense of Congress that the United States should—(1)utilize multilateral and bilateral foreign assistance to promote low-carbon, climate-resilient development, including supporting greater participation of women in the development and implementation of climate policies that are gender-responsive; and(2)advance clean energy and climate resilience through budgeting and operations of United States Government facilities abroad.3.DefinitionsIn this Act:(1)AdaptationThe term adaptation means an adjustment in natural or human systems to a new or changing environment that exploits beneficial opportunities or moderates negative effects.(2)Appropriate congressional committeesThe term appropriate congressional committees means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.(3)Clean energyThe term clean energy means any electricity generation, transmission, storage, heating, cooling, industrial process, or manufacturing project the primary purpose of which is the deployment, development, or production of an energy system or technology that avoids, significantly reduces, or sequesters emissions of greenhouse gas and other pollutants.(4)Climate changeThe term climate change means anthropogenic changes in average weather conditions that persist over multiple decades or longer, and encompasses both increases and decreases in temperature, as well as shifts in precipitation, changing risk of certain types of severe weather events, and changes to other features of the climate system.(5)Climate securityThe term climate security has the meaning given such term in section 120 of the National Security Act of 1947 (50 U.S.C. 3060).(6)MitigationThe term mitigation means measures to reduce the amount or speed of future climate change, including by reducing emissions of heat-trapping gases or removing carbon dioxide from the atmosphere.(7)ResilientThe term resilient means the capability to anticipate, prepare for, respond to, or recover from significant multihazard threats with minimum damage to social well-being, health, the economy, or the environment.4.Strategy for global climate change diplomacy and development(a)StrategyNot later than one year after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall—(1)develop, in consultation with the Secretary of the Treasury, the Secretary of Defense, the Office of the Director of National Intelligence, the heads of any other relevant Federal departments or agencies, and domestic and international civil society and organizations with experience researching or implementing policies and programs dealing with the climate crisis a Joint Department of State and USAID Strategy to Address the Global Climate Change Crisis (in this section referred to as the Strategy);(2)designate the Department of State’s Bureau for Oceans and International Environmental and Scientific Affairs to coordinate Department and USAID efforts to guide United States foreign policy related to global climate change in order to—(A)confront risks to United States national security, including geopolitical, commercial, economic, environmental, financial, and health interests;(B)advance United States prosperity; and(C)restore United States leadership through climate change diplomacy; and(3)submit to the appropriate congressional committees the Strategy.(b)ElementsThe Strategy developed pursuant to subsection (a) shall at a minimum—(1)include an assessment of the global threat of climate change, including geographic or country prioritization based on the assessed threat to the United States and its allies;(2)identify Department of State and USAID goals, objectives, and priorities for United States policy on climate change to protect United States national security (including the interests specified in subsection (a)(2)(A)), including—(A)examining how the United States will engage diplomatically and utilize foreign assistance to ensure parties to the United Nations Framework Convention on Climate Change collectively move toward a pathway consistent with holding the increase in the global average temperature to well below 2° C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5° C above pre-industrial levels, taking into account each country’s domestic circumstances and capabilities;(B)outlining an approach to utilize multilateral and bilateral foreign assistance to promote low-carbon, climate-resilient development;(C)integrating into diplomatic fora and development programs issues related to gender and the impacts of climate change on the most vulnerable countries and communities;(D)articulating guidelines for international finance flows consistent with a pathway toward low greenhouse gas emissions and climate-resilient development;(E)mobilizing public and private sector finance to support low-carbon, climate-resilient development, including through the Green Climate Fund; and(F)reflecting the input of other executive branch agencies, as appropriate;(3)describe the coordination mechanisms within the Department of State and USAID, including diplomatic missions, for developing and implementing efforts to advance United States global climate change foreign policy, including with regard to climate security policy, conflict mitigation, economic policy, and geographic policy parameters;(4)describe how the Department of State plans to build on any existing frameworks, policies, or programs to—(A)adapt or expand existing Department programs, projects, activities, or policy instruments based on existing authorities for the specific purpose of addressing or mitigating the effects of global climate change;(B)consider how compliance with international climate agreements affects the global economy, including in terms of employment, trade, and investment; and(C)identify the need for any new Department programs, projects, activities, or policy instruments for the specific purpose of addressing or mitigating the effects of global climate change and describe the steps and resources necessary to establish such programs, projects, activities, or instruments, noting whether such steps or resources would require new statutory authorities; and(5)demonstrate how the President’s Budget for State, Foreign Operations and Related Programs (SFOPs) allocates resources in support of the Strategy, including for Department of State and USAID operations and foreign assistance programs, including security assistance.(c)FormThe Strategy shall be submitted in an unclassified form, but may include a classified annex, if appropriate.(d)ImplementationNot later than three months after the submission of the Strategy, the Secretary of State and Administrator of USAID shall begin implementing the Strategy.(e)ConsultationNot later than 90 days after the date of the enactment of this Act and not less often than annually thereafter, the Secretary of State and Administrator of USAID shall jointly consult with the appropriate congressional committees regarding the development and implementation of the strategy.(f)Climate change diplomacy reporting requirement(1)In generalNot later than 240 days after the submission of the Strategy and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that outlines progress that the Department of State and USAID have made regarding implementation of the Strategy.(2)FormThe reports required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if appropriate.5.Climate-conscious budgeting and operations of Department of State and United States Agency for International DevelopmentThe Secretary of State shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code—(1)a dedicated budget line item for adaptation to, and mitigation of, climate-related risks to Department of State assets and capabilities;(2)a dedicated budget line item to improve the sustainability and climate resilience of the Department’s global operations, including reducing the Department’s carbon footprint through enhanced energy efficiency and water efficiency, as well as utilization of clean energy sources; and(3)an estimate of the anticipated adverse impacts to the readiness of the Department and USAID and the financial costs to the Department and USAID during the year covered by the budget of the loss of, or damage to, Department assets and capabilities as a result of climate change.


113 HR 546 IH: Promoting Partnerships to Transform Opportunities Act
U.S. House of Representatives
2013-02-06
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. 546
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Mr. Grijalva
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Workforce Investment Act of 1998 to prepare
		  individuals with multiple barriers to employment to enter the workforce by
		  providing such individuals with support services, job training, and education,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Promoting Partnerships to Transform
			 Opportunities Act.
		2.PurposeIt is the purpose of this Act to provide
			 resources to nonprofit organizations and minority-serving institutions to
			 prepare individuals with multiple barriers to employment, especially
			 underrepresented minorities, to enter the workforce by providing support
			 services, job training, and education.
		3.Underrepresented
			 minority programsSubtitle D
			 of title I of the Workforce Investment Act of 1998 is amended by inserting
			 after section 166 (29 U.S.C. 2911), the following new section:

				166B.Unrepresented
				Minority Programs
					(a)PurposeThe purpose of this section is to support
				employment and training activities for individuals with multiple barriers to
				employment in order—
						(1)to develop more
				fully the academic, occupational, and literacy skills of such
				individuals;
						(2)to make such
				individuals more competitive in the workforce; and
						(3)to promote the
				economic and social development of minority communities in accordance with the
				goals and values of such communities.
						(b)DefinitionsAs
				used in this section:
						(1)Minority-serving
				institutionThe term minority-serving institution
				means—
							(A)a historically
				Black college or university;
							(B)a Hispanic-serving
				Institution;
							(C)a Tribal College
				or University; or
							(D)a Predominantly
				Black Institution.
							(2)Historically
				Black College or universityThe term historically Black
				college or university has the meaning given the term part B
				institution in section 322 of the Higher Education Act of 1965 (20
				U.S.C. 1061).
						(3)Hispanic-serving
				institutionThe term Hispanic-serving institution
				has the meaning given the term in section 502 of the Higher Education Act of
				1965 (20 U.S.C. 1101a).
						(4)Nonprofit
				organizationThe term
				nonprofit organization means a nonprofit organization that focuses
				on preparing individuals with multiple barriers to employment to enter the
				workforce by providing such individuals with support services, job training,
				and education.
						(5)Predominantly
				Black InstitutionThe term Predominantly Black
				Institution has the meaning given the term in section 318 (20 U.S.C.
				1059e).
						(6)Tribal College
				or UniversityThe term Tribal College or University
				has the meaning given the term in section 316 of the Higher Education Act of
				1965 (20 U.S.C. 1059c).
						(c)Program
				authorizedThe Secretary shall, on a competitive basis, make
				grants to, or enter into contracts or cooperative agreements with, nonprofit
				organizations in partnership with one or more minority-serving institutions to
				carry out the authorized activities described in
				subsection (d).
					(d)Authorized
				activitiesA nonprofit
				organization in partnership with one or more minority-serving institutions
				receiving a grant, contract, or agreement under
				subsection (c) shall use such funds to
				serve individuals with multiple barriers to employment by carrying out the
				following activities:
						(1)Education
				services, including postsecondary education, English as a second language
				courses, General Education Development preparation, financial literacy
				workshops, access to information technology workshops and courses, Generational
				Diversity Awareness programs, and health and wellness programs.
						(2)Activities that
				increase access to workforce services, including on-the-job training,
				internships, skills training, job placement, financial literacy, and personal
				development.
						(3)Additional support
				services, including health and nutrition services, housing assistance,
				transportation, child care, and clothing.
						(e)Program
				PlanIn order to receive a grant or enter into a contract or
				cooperative agreement under this subsection (c), a nonprofit organization in
				partnership with one or more minority-serving institutions shall submit to the
				Secretary a program plan that describes a strategy for meeting the needs of
				individuals with multiple barriers to employment in the area served by such
				organization. Such plan shall—
						(1)be consistent with
				the purpose of this section;
						(2)identify the
				population to be served;
						(3)identify the
				education and employment needs of the population to be served and the manner in
				which the activities to be provided will strengthen the ability of the
				individuals served to obtain or retain unsubsidized employment;
						(4)describe the
				activities to be provided and the manner in which such activities are to be
				integrated with other appropriate activities; and
						(5)describe, after
				the organization submitting the plan consults with the Secretary, the
				performance measures to be used to assess the performance of nonprofit
				organizations in carrying out the activities assisted under this
				section.
						(f)Authorization of
				appropriationsThere are authorized to be appropriated such sums
				as may be necessary to carry out this section for each of fiscal years 2014
				through
				2018.
					.


		I
		112th CONGRESS
		2d Session
		H. R. 4470
		IN THE HOUSE OF REPRESENTATIVES

			April 19, 2012
			Ms. Waters (for
			 herself, Ms. Lee of California,
			 Mrs. Christensen, and
			 Ms. Bordallo) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committees on
			 Ways and Means,
			 Education and the
			 Workforce, and Oversight
			 and Government Reform, for a period to be subsequently
			 determined by the Speaker, in each case for consideration of such provisions as
			 fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Public Health Service Act, the Employee
		  Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and
		  title 5, United States Code, to require individual and group health insurance
		  coverage and group health plans and Federal employees health benefit plans to
		  provide coverage for routine HIV screening.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited
			 as the Routine HIV Screening Coverage
			 Act of 2012.
			(b)FindingsCongress
			 finds the following:
				(1)HIV/AIDS continues to infect and kill
			 thousands of Americans, more than 30 years after the first cases were
			 reported.
				(2)It has been
			 estimated that approximately 1.7 million Americans have been infected with HIV
			 since the beginning of the epidemic and over 600,000 of them have died.
				(3)The HIV/AIDS
			 epidemic has disproportionately impacted African-Americans, Latino-Americans,
			 and other racial and ethnic minorities.
				(4)It has been
			 estimated that 20 percent of those infected with HIV in the United States do
			 not know they are infected.
				(5)The Centers for
			 Disease Control and Prevention has determined that increasing the proportion of
			 people who know their HIV status is an essential component of comprehensive
			 HIV/AIDS treatment and prevention efforts and that early diagnosis is critical
			 in order for people with HIV/AIDS to receive life-extending therapy.
				(6)The Centers for
			 Disease Control and Prevention recommends routine HIV screening in health care
			 settings for all patients aged 13–64, regardless of risk.
				(7)Some health plans
			 do not cover routine HIV screening, but only cover HIV tests for patients with
			 known or perceived risk factors for HIV/AIDS and patients who demonstrate
			 symptoms of AIDS.
				(8)Not all
			 individuals who have been infected with HIV fall into high-risk categories or
			 demonstrate symptoms of AIDS.
				(9)If health plans
			 covered routine HIV screenings, health providers would be more likely to
			 recommend routine HIV screening for their patients.
				(10)Section 2713 of the Public Health Service
			 Act (42 U.S.C. 300gg–13), as amended by section 1001 of the Patient Protection
			 and Affordable Care Act (Public Law 111–148), requires that health plans cover
			 preventive health services without imposing cost sharing requirements.
				(11)Routine HIV
			 screening is a preventive health service.
				(12)Requiring health
			 plans to cover routine HIV screening as a preventive health service without
			 imposing cost sharing requirements could play a critical role in preventing the
			 spread of HIV and allowing infected individuals to receive effective
			 treatment.
				2.Coverage for
			 routine HIV screening under group health plans, health insurance coverage, and
			 FEHBP
			(a)Group health
			 plans
				(1)Public Health
			 Service Act amendmentsSubpart II of part A of title XXVII of the
			 Public Health Service Act is amended by inserting the following new section
			 after section 2719A:

						2719B.Coverage for
				routine HIV screening
							(a)In
				generalA group health plan
				and a health insurance issuer offering group or individual health insurance
				coverage—
								(1)shall provide
				coverage for routine HIV screening; and
								(2)shall not impose
				terms and conditions (including cost sharing requirements) with respect to such
				screening that are less favorable for a participant or beneficiary than the
				terms and conditions applicable to items and services described in section
				2713(a).
								(b)ProhibitionsA group health plan and a health insurance
				issuer offering group or individual health insurance coverage shall not—
								(1)deny to an individual eligibility, or
				continued eligibility, to enroll or to renew coverage under the terms of the
				plan or coverage, solely for the purpose of avoiding the requirements of this
				section;
								(2)deny coverage for routine HIV screening on
				the basis that—
									(A)there are no known
				risk factors for HIV present; or
									(B)the screening is
				not—
										(i)clinically
				indicated;
										(ii)medically
				necessary; or
										(iii)pursuant to a
				referral or recommendation by any health care provider;
										(3)provide monetary payments, rebates, or
				other benefits to individuals to encourage such individuals to accept less than
				the minimum protections available under this section;
								(4)penalize or otherwise reduce or limit the
				reimbursement of a provider because such provider provided care to an
				individual participant or beneficiary in accordance with this section;
				or
								(5)provide incentives (monetary or otherwise)
				to a provider to induce such provider to provide care to an individual
				participant or beneficiary in a manner inconsistent with this section.
								(c)Rules of
				constructionNothing in this
				section shall be construed to require an individual who is a participant or
				beneficiary of a group health plan or health insurance coverage to undergo HIV
				screening.
							(d)PreemptionNothing
				in this section shall be construed to preempt any State law in effect on the
				date of enactment of this section with respect to health insurance coverage
				that requires coverage of at least the coverage of HIV screening otherwise
				required under this
				section.
							.
				(2)Inclusion of
			 notice in uniform coverage documentsSection 2715(b)(3)(B) of the Public Health
			 Service Act (42 U.S.C. 300gg–15) is amended—
					(A)in clause (i), by
			 striking and at the end;
					(B)by redesignating
			 clause (ii) as clause (iii); and
					(C)by inserting after
			 clause (i) the following:

							(ii)the coverage for routine HIV screening
				required under section 2719B;
				and
							.
					(3)Routine HIV
			 screening defined through consultation processSection 2791(d) is
			 amended by adding at the end the following new paragraph:

						(22)Routine HIV
				screeningThe term
				routine HIV screening shall have the meaning given such term by
				the Secretary. In defining such term, the Secretary shall consult with the
				Office of National AIDS Policy, the Centers for Disease Control and Prevention,
				health care professionals with expertise in HIV treatment and prevention,
				advocates for people living with HIV, and other qualified
				individuals.
						.
				(4)Conforming
			 amendments
					(A)ERISASection 715(a)(1) of the
			 Employee Retirement Income Security Act of
			 1974 (29 U.S.C. 1185d(a)(1)) is amended by inserting and the
			 Routine HIV Screening Coverage Act of
			 2012 after Patient Protection and Affordable Care
			 Act.
					(B)IRCSection 9815(a)(1) of the Internal Revenue
			 Code of 1986 is amended by inserting and the
			 Routine HIV Screening Coverage Act of
			 2012 after Patient Protection and Affordable Care
			 Act.
					(b)Application
			 under Federal Employees Health Benefits Program (FEHBP)Section 8902 of title 5, United States
			 Code, is amended by adding at the end the following new subsection:

					(p)A contract may not be made or a plan
				approved which does not comply with the requirements of section 2719B of the
				Public Health Service
				Act.
					.
			(c)Effective
			 dateThis section and the amendments made by this section shall
			 be effective for plan years beginning on or after the date that is 1 year after
			 the date of the enactment of this Act.