117 S1002 IS: Junk Plan Accountability and Disclosure Act of 2021
U.S. Senate
2021-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 1002
IN THE SENATE OF THE UNITED STATES

March 25, 2021
Mr. Casey (for himself, Ms. Baldwin, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL
To prohibit false or misleading advertising for health insurance coverage, require warnings and reporting with respect to noncomprehensive health plans, encourage enrollment in health plans, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Junk Plan Accountability and Disclosure Act of 2021. (b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
TITLE I—Prohibition of false or misleading online advertising for health insurance coverage
Sec. 101. Definitions.
Sec. 102. FTC oversight of online health insurance advertisements.
TITLE II—Warnings and reporting requirements for noncomprehensive health plans
Sec. 201. Definitions.
Sec. 202. Requirements for notice regarding benefits.
Sec. 203. Reporting requirements.
Sec. 204. Enforcement.
Sec. 205. Regulations.
TITLE III—Encouraging enrollment in health plans
Sec. 301. Sense of Congress.
Sec. 302. Requiring Marketplace outreach, educational activities, and annual enrollment targets.
Sec. 303. Report on effects of website maintenance during open enrollment.
Sec. 304. Promoting consumer outreach and education.
Sec. 305. Improving transparency and accountability in the Marketplace.
Sec. 306. Improving awareness of health coverage options.
Sec. 307. Promoting State innovations to expand coverage.
IProhibition of false or misleading online advertising for health insurance coverage
101.DefinitionsIn this title: (1)CommissionThe term Commission means the Federal Trade Commission.
(2)Health insurance coverageThe term health insurance coverage means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care, but excluding any group health plan) that are offered to individuals, including— (A)a plan offered through an association;
(B)short-term limited duration insurance; (C)a policy for such benefits that is not offered by a health insurance issuer (as such term is defined in section 2791(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–91(b)(2)); and
(D)other health care arrangements that are not health plans. (3)Non-ACA compliant health insurance coverageThe term non-ACA compliant health insurance coverage has the meaning given such term in paragraph (3) of section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) (as added by section 302).
(4)Online platformThe term online platform means any public-facing website, web application, or digital application, including a search engine or social network. (5)Qualified health planThe term qualified health plan has the meaning given such term in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)).
102.FTC oversight of online health insurance advertisements
(a)Prohibitions for online private health insurance advertisement
(1)In generalSubject to paragraph (3), a person may not post, publish, or otherwise display on the internet a deceptive advertisement for health insurance coverage.  (2)DeceptiveAn online advertisement for health insurance coverage shall be considered deceptive if it—
(A)is likely to mislead, or has the effect of misleading, a reasonable individual to believe that such advertisement is made by, through, or on behalf of— (i)Healthcare.gov;
(ii)a State or Federal American Health Benefit Exchange described in sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041); or (iii)any other Federal, State, or local government entity;
(B)is likely to mislead, or has the effect of misleading, a reasonable individual about— (i)the relative cost of enrolling in non-ACA compliant health insurance coverage as compared to the cost of enrolling in a qualified health plan;
(ii)the relative actuarial value of non-ACA compliant health insurance coverage as compared to a qualified health plan; or (iii)the relative scope of benefits of non-ACA compliant health insurance coverage as compared to a qualified health plan;
(C)is likely to mislead, or has the effect of misleading, a reasonable individual to believe that the health insurance coverage advertised— (i)complies with the requirements for qualified health plans under the Patient Protection and Affordable Care Act (Public Law 111–148), although the health insurance coverage does not meet such requirements; or
(ii)provides coverage for benefits that are not covered by such health insurance coverage; or (D)is likely to mislead, or has the effect of misleading, a reasonable individual regarding the scope, cost, or duration of coverage of the health insurance coverage being advertised.
(3)Liability of online platformsIf a person who is unrelated to the operator of an online platform pays or arranges to post, publish, or otherwise display an advertisement that violates paragraph (1) on the online platform— (A)such person shall be deemed to have committed the violation of such paragraph; and
(B)the operator of the online platform shall not be liable for a violation of such paragraph. (b)Enforcement by the Commission (1)Unfair or deceptive acts or practiceA violation of this section or a regulation promulgated under this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2)Powers of the Federal Trade Commission
(A)In generalExcept as provided in subparagraph (C), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.  (B)Privileges and immunitiesAny person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(C)Nonprofit organizations and insuranceNotwithstanding section 4 or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 46), section 2 of McCarran-Ferguson Act (15 U.S.C. 1012), or any other jurisdictional limitation of the Commission, the Commission shall also enforce this section and the regulations promulgated under this section, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to— (i)organizations not organized to carry on business for their own profit or that of their members; and
(ii)the business of insurance, and persons engaged in such business. (D)Continued applicability of State law (i)In generalThis section shall only supersede a State law to the extent that this section is inconsistent with otherwise applicable State law.
(ii)ClarificationA State law that provides additional protections to consumers than those protections provided in this Act shall not be considered inconsistent with this Act for purposes of clause (i). (3)RulemakingThe Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.
(4)Authority preservedNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c)GAO study and report (1)StudyThe Comptroller General of the United States shall conduct a study on the effectiveness of the Commission's oversight of online advertisements for health insurance coverage pursuant to this section during the period which begins on the date of enactment of this Act and ends 3 years thereafter. Such study shall include the following:
(A)The number of enforcement actions during such period taken by the Commission related to the oversight of online advertisements for health insurance coverage under this section. (B)A description of the outcome of any such enforcement action.
(C)A description of any barrier to the Commission's enforcement authority under this section in relation to such advertisements. (D)A description of how the Commission's oversight of online advertisements for health insurance coverage has protected consumers, including through means other than enforcement actions.
(2)ReportNot later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. IIWarnings and reporting requirements for noncomprehensive health plans 201.DefinitionsIn this title:
(1)Applicable health planThe term applicable health plan— (A)means (except as provided in subparagraph (B))—
(i)health insurance coverage in the individual market providing excepted benefits, excluding— (I)automobile liability insurance described in paragraph (1)(C) of section 2791(c) of the Public Health Service Act (42 U.S.C. 300gg–91(c));
(II)automobile medical payment insurance described in paragraph (1)(E) of such section; (III)limited scope dental or vision benefits described in paragraph (2)(A) of such section;
(IV)workers' compensation, or similar insurance, described in paragraph (1)(D) of such section; (V)coverage for on-site medical clinics described in paragraph (1)(G) of such section; or
(VI)medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act) or coverage supplemental to the coverage provided under chapter 55 of title 10, United States Code;  (ii)student health insurance coverage, as defined in section 147.145(a) of title 45, Code of Federal Regulations (or a successor regulation);
(iii)short-term limited duration insurance, as defined in section 144.103 of title 45, Code of Federal Regulations (or a successor regulation); (iv)any health care arrangement for benefits or payments for medical care offered to individuals through an association; and
(v)any other health care arrangement for benefits or payments for medical care (other than under a Federal health care program) that is not health insurance coverage, or a group health plan, for purposes of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), or chapter 100 of the Internal Revenue Code of 1986, including such an arrangement offered by a State farm bureau or a health care sharing ministry; and (B)does not include—
(i)any group health plan; (ii)any grandfathered health plan; and
(iii)any health insurance coverage to which the transitional policy, described in the letter issued on November 14, 2013, by the Centers for Medicare & Medicaid Services to insurance commissioners, or an extension of such policy, applies. (2)Applicable State authority; excepted benefits; ExchangeThe terms applicable State authority, excepted benefits, and Exchange have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91).
(3)Federal health care programThe term Federal health care program has the meaning given such term under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f)), except that such term includes the health insurance program under chapter 89 of title 5, United States Code. (4)Grandfathered health planThe term grandfathered health plan has the meaning given such term in section 1251(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(e)).
(5)Group health planThe term group health plan has the meaning given such term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91). (6)Health care sharing ministryThe term health care sharing ministry has the meaning given such term in section 5000A(d)(2)(B)(ii) of the Internal Revenue Code of 1986.
(7)Health insurance coverage; health insurance issuer; individual marketThe terms health insurance coverage, health insurance issuer, and individual market have the meanings given such terms in section 2791 of the Public Health Service Act. (8)Non-ACA compliant health insurance coverageThe term non-ACA compliant health insurance coverage has the meaning given such term in paragraph (3) of section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) (as added by section 302), except that such term shall not include any Federal health care program.
(9)Plain languageThe term plain language has the meaning given the term plain writing in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note). (10)SecretaryThe term Secretary means the Secretary of Health and Human Services.
202.Requirements for notice regarding benefits
(a)In generalEach applicable health plan shall offer to consumers, prior to enrollment, enrollment material that includes— (1)a plain language explanation of the benefits included in such plan, including through forms that are culturally and linguistically appropriate for such consumers; and
(2)a warning page regarding such benefits in accordance with subsection (b). (b)Warning page (1)In generalThe warning page required under subsection (a)(2) shall include—
(A)a clear statement indicating that the applicable health plan is not a comprehensive health plan because it is not required to comply with certain requirements under the Patient Protection and Affordable Care Act (Public Law 111–148) and title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.); (B)a statement encouraging the consumer to review the plan documents carefully to ensure the individual is aware of—
(i)any exclusions or limitations regarding coverage of preexisting conditions or health benefits (such as hospitalization, emergency services, maternity care, preventive care, prescription drugs, and mental health and substance use disorder services); and (ii) any lifetime or annual dollar limits on health benefits;
(C)a statement notifying the consumer that, if the plan expires or the individual loses eligibility for the plan, the individual may have to wait until the beginning of an open enrollment period to enroll in another plan;  (D)a statement notifying the consumer of the option to enroll in a qualified health plan, which is generally a more comprehensive health plan, through the Exchange operating in the State, including—
(i)a statement that most consumers who enroll in a qualified health plan receive help paying for their monthly premiums; (ii)a statement that special enrollment periods are available through the Exchange;
(iii)a link to Healthcare.gov (or a successor website) or another website for the Exchange operating in the State; and (iv)the phone number for the Exchange operating in the State; and
(E)a line for the signature of the consumer to acknowledge that the consumer has read and understands the provisions in the warning page, and for the date on which such signature is provided.  (2)Accessibility (A)In generalThe warning page required under subsection (a)(2) shall be—
(i)located at the beginning of the enrollment material,  (ii)accessible to people with disabilities, including a physical, cognitive, or sensory disability, including accessibility to such people through the use of computers and other technology for receiving consumer information; and
(iii)written in plain language that is easily understood by individuals with an intellectual or other cognitive or processing disability.  (B)Multiple languagesAn applicable health plan shall make the warning page required under subsection (a)(2) available in the top 15 languages spoken by individuals with limited English proficiency in the State in which the plan is offered.
(C)Restriction on promoting enrollment in non-ACA compliant health insurance coverageThe warning page required under subsection (a)(2) shall not include any provision— (i)promoting enrollment in any non-ACA compliant health insurance coverage; or
(ii)directing consumers to a source that could enroll the consumer in any non-ACA compliant health insurance coverage. (3)Additional State requirementsA State may require applicable health plans to include information, in addition to the information required under this section, in the warning page required under subsection (a)(2), except that any such additional information shall not—
(A)replace the information required under this section;  (B)promote enrollment in any non-ACA compliant health insurance coverage;
(C)direct consumers to a source that could enroll the consumer in any non-ACA compliant health insurance coverage; or (D)otherwise conflict with a requirement under this section.
(c)Records of signatures
(1)In generalAn administrator of an applicable health plan shall maintain a record of the signature of a consumer obtained under subsection (b)(1)(E) while the consumer is enrolled in the plan and for, at a minimum, 2 years after the consumer is no longer enrolled in such plan. The Secretary may, through regulations under section 205, require an applicable health plan to maintain such record for a period longer than 2 years after the consumer is no longer enrolled in the plan.  (2)Reimbursement (A)In generalIn the case that a consumer claims, within the period and in accordance with the procedures described in subparagraph (C), that an applicable health plan did not cover a health benefit while the consumer was enrolled in such plan and the administrator of such plan is not able to provide proof of the record required under paragraph (1) with respect to that consumer, the plan shall reimburse the consumer, in an amount determined under subparagraph (B), for such benefit.
(B)Amount
(i)In generalExcept as provided under clause (ii), such reimbursement shall be equal to (the greater of)— (I)the amount the applicable second lowest cost silver plan (as defined in section 36B(b)(3)(B) of the Internal Revenue Code of 1986), available in the Exchange operating in the State in which the consumer resided at the time of enrollment, would have paid for the health benefit if the consumer were enrolled in such plan and the health benefit was provided in-network; or
(II)if applicable, an amount determined by the State in which the consumer resides at the time of enrollment. (ii)Coverage required by plan documentsIn the case described in subparagraph (A), if the Secretary or applicable State authority determines that the applicable health plan was required to provide coverage of the health benefit claimed by the consumer based on statements included in the plan documents, the applicable health plan shall reimburse the consumer in an amount determined in accordance with such plan documents.
(C)ClaimsThe Secretary shall, through regulations under section 205, establish procedures for the filing of claims under subparagraph (A), including by setting the period during which a claim under such subparagraph shall be filed. Such period shall be not less than 2 years after the consumer is no longer enrolled in the plan. (3)Liability under other applicable lawsThe ability of an applicable health plan to produce proof of a record required under paragraph (1) shall not shield the plan, including any administrator, insurance broker, or operator of the plan, from liability under other applicable State or Federal law for any deceptive practice that the plan, including any such administrator, insurance broker, or operator, engaged in while enrolling a consumer in the plan.
203.Reporting requirements
(a)In generalNot later than November 1 of the first calendar year following the date of enactment of this Act, and November 1 of each year thereafter, an applicable health plan shall submit to the Secretary a report containing each of the following (with respect to the plan year covered by the reporting period): (1)The total enrollment in the applicable health plan.
(2)
(A)A statement of whether the applicable health plan used an insurance broker.  (B)If such plan used an insurance broker, an indication of the number of consumers who were enrolled in the plan through an insurance broker.
(3)The total amount of claims submitted for payment to the applicable health plan. (4)The total amount of claims denied by the applicable health plan.
(5)Information on any marketing materials the applicable health plan used to enroll consumers in the plan, including— (A)an indication of whether the plan used any online advertisements; and
(B)a copy of any marketing material used, including any online advertisement.  (6)Any other information regarding enrollment, coverage, or advertising the Secretary determines appropriate through regulations issued under section 205.
(b)ExemptionsAn applicable health plan shall be exempt from the requirement under subsection (a) if— (1)the plan is required under the law of each State in which the plan is offered to submit all information required under subsection (a) to the applicable State authority in each such State; and
(2)the applicable State authority in each such State reviews such information and has a process for addressing any such information that is misleading or incorrect. (c)Transmittal to StatesNot later than 2 months after receiving a report under subsection (a) from an applicable health plan, the Secretary shall transmit the report to the applicable State authority of each State in which the plan is offered.
(d)Public availability
(1)In generalThe Secretary shall make all information submitted under subsection (a) available to the public through a publicly accessible website. (2)Publicizing websiteThe Secretary shall publicize the website under paragraph (1), including through agreements with applicable State authorities and national and State organizations representing consumers.
204.EnforcementThe Secretary shall have the authority to enforce the requirements under section 202 (except the additional State requirements under subsection (b)(3) of such section) and section 203 against an applicable health plan in the same manner as the Secretary may under section 2723(b) (without regard to the limitation under paragraph (1)(A) of such section) enforce a requirement under parts A and D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) against a health insurance issuer that violates a provision of such part, including through civil money penalties and procedures for administrative and judicial review under section 2723(b)(2) of such Act (42 U.S.C. 300gg–22(b)(2)). 205.Regulations (a)In generalThe Secretary may issue regulations to carry out this title, including—
(1)regulations to establish enforcement procedures authorized under section 204; and  (2)subject to subsection (b), regulations for establishing requirements for the warning page required under section 202(a)(2) that are in addition to the requirements provided under section 202.
(b)Limitation on requirements for warning pageA requirement in a regulation described in subsection (a)(2) shall not— (1)use any language to promote enrollment in any non-ACA compliant health insurance coverage;
(2)direct consumers to a source that could enroll the consumer in any non-ACA compliant health insurance coverage; or (3)otherwise conflict with a requirement under this title.
IIIEncouraging enrollment in health plans
301.Sense of CongressIt is the sense of Congress that— (1)when individuals search for phrases related to health insurance, internet search engines, including Google, Bing, and Yahoo, should display an answer box that directs individuals to—
(A)Healthcare.gov and the associated toll free number, 1–800–318–2596, with respect to searches originating in States in which a Federal Exchange is operating; and (B)a link and phone number for the appropriate State-based Exchange, with respect to searches originating in States in which a State Exchange is operating; and
(2)the answer box related to Healthcare.Gov in response to a search described in paragraph (1) should be placed in position zero, above all other content, including advertisements. 302.Requiring Marketplace outreach, educational activities, and annual enrollment targets (a)In generalSection 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) is amended by adding at the end the following:

(3)Outreach and educational activities
(A)In generalIn the case of an Exchange established or operated by the Secretary within a State pursuant to this subsection, the Secretary shall carry out outreach and educational activities for purposes of informing individuals about qualified health plans offered through the Exchange, including by informing such individuals of the availability of coverage under such plans and financial assistance for coverage under such plans. Such outreach and educational activities shall be provided in a manner that is culturally and linguistically appropriate to the needs of the populations being served by the Exchange (including hard-to-reach populations, such as racial and sexual minorities, limited English proficient populations, individuals in rural areas, veterans, and young adults) and shall be provided to populations residing in high health disparity areas (as defined in subparagraph (E)) served by the Exchange, in addition to other populations served by the Exchange. (B)Limitation on use of fundsNo funds appropriated under this paragraph shall be used for expenditures for promoting non-ACA compliant health insurance coverage.
(C)Non-ACA compliant health insurance coverageFor purposes of subparagraph (B): (i)The term non-ACA compliant health insurance coverage means—
(I)health insurance coverage, or a group health plan, that is not a qualified health plan; and (II)other health care arrangements that are not health plans.
(ii)Such term includes the following: (I)An association health plan.
(II)Short-term limited duration insurance (as defined in section 144.103 of title 45, Code of Federal Regulations (or a successor regulation)). (D)FundingOut of any funds in the Treasury not otherwise appropriated, there are hereby appropriated for fiscal year 2023 and each subsequent fiscal year, $100,000,000 to carry out this paragraph. Funds appropriated under this subparagraph shall remain available until expended.
(E)High health disparity area definedFor purposes of subparagraph (A), the term high health disparity area means a contiguous geographic area that— (i)is located in one census tract or ZIP code;
(ii)has measurable and documented racial, ethnic, or geographic health disparities; (iii)has a low-income population, as demonstrated by—
(I)average income below 138 percent of the Federal poverty line; or (II)a rate of participation in the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that is higher than the national average rate of participation in such program;
(iv)has poor health outcomes, as demonstrated by— (I)lower life expectancy than the national average; or
(II)a higher percentage of instances of low birth weight than the national average; and (v)is part of a Metropolitan Statistical Area identified by the Office of Management and Budget.
(4)Annual enrollment targetsFor plan year 2022 and each subsequent plan year, in the case of an Exchange established or operated by the Secretary within a State pursuant to this subsection, the Secretary shall establish annual enrollment targets for such Exchange for such year..  (b)Grants for State ExchangesSection 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031) is amended by adding at the end the following:

(l)Open enrollment outreach grants
(1)In generalThe Secretary shall award grants to States that have established an Exchange pursuant to this section, for purposes of assisting such States in conducting open enrollment outreach with respect to qualified health plans. (2)ApplicationsA State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan demonstrating how the State will use the grant funds to carry out outreach and educational activities consistent with the requirements under section 1321(c)(3).
(3)Awards
(A)In generalThe Secretary shall award grants under this subsection as follows: (i)The Secretary shall award an initial round of grants to each qualifying State in the amount of $1,000,000.
(ii)If amounts remain available under this subsection after awards are made under clause (i), the Secretary shall award eligible States that received an award under clause (i) an amount determined appropriate by the Secretary based on— (I)the State's total population;
(II)the percentage of the State's population that is uninsured; (III)the percentage of the State's population that is difficult to insure; and
(IV)such other factors as the Secretary determines appropriate. (B)Available until expendedWith respect to a State receiving a grant under this subsection, the grant funds shall remain available until expended.
(C)Matching requirement
(i)In generalSubject to clause (iii), as a condition for receiving a grant under this section, a State shall be required to expend non-Federal funds, at minimum, in an amount equal to the lesser of— (I)25 percent of the amount received under the grant for the purpose described in paragraph (1); or
(II)$1,000,000.  (ii)Previous allocationsA State may apply funding allocated to the purpose described in paragraph (1) prior to receipt of the grant to satisfy the requirement of clause (i).
(iii)WaiverThe Secretary may waive the requirement under clause (i) in response to— (I)a public health emergency or a disaster; or
(II)an economic recession or other economic hardship that results in an increase in uninsured individuals.  (4)Limitation on use of fundsNo funds appropriated under this subsection shall be used for expenditures for promoting non-ACA compliant health insurance coverage (as such term is defined in section 1321(c)(3)(C)).
(5)Application to Medicaid and CHIP outreach and enrollment grantsFunds received by a State under a grant awarded under this subsection— (A)shall not be taken into consideration by the Secretary when determining whether to award the State a grant under section 2113 of the Social Security Act (42 U.S.C. 1397mm); and
(B)may not be used by the State to satisfy the maintenance of effort requirement under subsection (e) of such section.  (6)FundingTo carry out this subsection, there are appropriated, out of amounts in the Treasury not otherwise appropriated, $50,000,000 for fiscal year 2023 and each subsequent fiscal year..
(c)Study and reportNot later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall release to Congress all aggregated documents relating to studies and data sets that were created on or after January 1, 2014, and related to marketing and outreach with respect to qualified health plans offered through Exchanges under title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.). 303.Report on effects of website maintenance during open enrollmentNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report examining whether the Department of Health and Human Services has been conducting maintenance on the website commonly referred to as HealthCare.gov during annual open enrollment periods (as described in section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(B)) in such a manner so as to minimize any disruption to the use of such website resulting from such maintenance.
304.Promoting consumer outreach and education
(a)In generalSection 1311(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)) is amended— (1)in paragraph (2), by adding at the end the following new subparagraph:

(C)Selection of recipientsIn the case of an Exchange established and operated by the Secretary within a State pursuant to section 1321(c), in awarding grants under paragraph (1), the Exchange shall— (i)select entities to receive such grants based on an entity’s demonstrated capacity to carry out each of the duties specified in paragraph (3);
(ii)not take into account whether or not the entity has demonstrated how the entity will provide information to individuals relating to group health plans offered by a group or association of employers described in section 2510.3–5(b) of title 29, Code of Federal Regulations (or any successor regulation), or short-term limited duration insurance (as defined in section 144.103 of title 45, Code of Federal Regulations (or a successor regulation)); and (iii)ensure that, each year, the Exchange awards such a grant to—
(I)at least one entity described in this paragraph that is a community and consumer-focused nonprofit group; and (II)at least one entity described in subparagraph (B), which may include another community and consumer-focused nonprofit group in addition to any such group awarded a grant pursuant to subclause (I).In awarding such grants, an Exchange may consider an entity’s record with respect to waste, fraud, and abuse for purposes of maintaining the integrity of such Exchange.;
(2)in paragraph (3)— (A)by amending subparagraph (C) to read as follows:

(C)facilitate enrollment, including with respect to individuals with limited English proficiency and individuals with chronic illnesses, in qualified health plans, State Medicaid plans under title XIX of the Social Security Act, and State child health plans under title XXI of such Act;; (B)in subparagraph (D), by striking and at the end;
(C)in subparagraph (E), by striking the period at the end and inserting ; and; (D)by inserting after subparagraph (E) the following new subparagraph:

(F)provide referrals to community-based organizations that address social needs related to health outcomes.; and (E)by adding at the end the following flush left sentence:

The duties specified in the preceding sentence may be carried out by such a navigator at any time during a year.;
(3)in paragraph (4)(A)— (A)in the matter preceding clause (i), by striking not;
(B)in clause (i)— (i)by inserting not before be; and
(ii)by striking ; or and inserting a semicolon; (C)in clause (ii)—
(i)by inserting not before receive; and (ii)by striking the period and inserting a semicolon; and
(D)by adding at the end the following:  (iii)maintain physical presence in the State of the Exchange so as to allow in-person assistance to consumers; and
(iv)receive opioid specific education and training that ensures the navigator can best educate individuals on qualified health plans offered through an Exchange, specifically coverage under such plans for opioid health care treatment.; and (4)in paragraph (6)—
(A)by striking Funding.—Grants under and inserting Funding.—
(A)State ExchangesGrants under; and (B)by adding at the end the following new subparagraph:

(B)Federal ExchangesFor purposes of carrying out this subsection, with respect to an Exchange established and operated by the Secretary within a State pursuant to section 1321(c), the Secretary shall obligate $100,000,000 out of amounts collected through the user fees on participating health insurance issuers pursuant to section 156.50 of title 45, Code of Federal Regulations (or any successor regulations), for fiscal year 2022 and each subsequent fiscal year. Such amount for a fiscal year shall remain available until expended.. (b)Effective dateThe amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2022.
305.Improving transparency and accountability in the Marketplace
(a)Open enrollment reportsFor plan year 2022 and each subsequent year, the Secretary of Health and Human Services (referred to in this section as the Secretary), in coordination with the Secretary of the Treasury and the Secretary of Labor, shall issue biweekly public reports during the annual open enrollment period on the performance of the federally facilitated Exchange operated pursuant to section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)). Each such report shall include a summary, including information on a State-by-State basis where available, of— (1)the number of unique website visits;
(2)the number of individuals who create an account; (3)the number of calls to the call center;
(4)the average wait time for callers contacting the call center;  (5)with respect to applications for enrollment—
(A)the number of such applications submitted; (B)the total number of individuals on submitted applications for enrollment;
(C)the number of individuals on such submitted applications who are determined eligible for enrollment in a qualified health plan; (D)the number of individuals on such submitted applications who are determined or assessed eligible for the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
(E)the number of individuals on such submitted applications who are determined or assessed eligible for the State Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (F)the number of individuals on such submitted applications who are determined eligible for a premium assistance credit under section 36B of the Internal Revenue Code of 1986;
(G)The number of individuals on such submitted applications who are determined eligible for cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071); and (H)a breakdown of the data described in subparagraphs (A) through (G) by age, sex, race and preferred language, where such information is available;
(6)the number of individuals who enroll in a qualified health plan; and (7)the percentage of individuals who enroll in a qualified health plan through each of—
(A)the website; (B)the call center;
(C)navigators; (D)agents and brokers;
(E)the enrollment assistant program; (F)directly from issuers or web brokers; and
(G)other means. (b)Open Enrollment After Action ReportFor plan year 2022 and each subsequent year, the Secretary, in coordination with the Secretary of the Treasury and the Secretary of Labor, shall publish an after action report not later than 3 months after the completion of the annual open enrollment period regarding the performance of the Exchange described in subsection (a) for the applicable plan year. Each such report shall include a summary, including information on a State-by-State basis where available, of—
(1)the open enrollment data reported under subsection (a) for the entirety of the enrollment period; and (2)activities related to patient navigators described in section 1311(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)), including—
(A)the performance objectives established by the Secretary for such patient navigators; (B)the number of consumers enrolled by such a patient navigator;
(C)an assessment of how such patient navigators have met established performance metrics, including a detailed list of all patient navigators, funding received by patient navigators, and whether established performance objectives of patient navigators were met; and (D)with respect to the performance objectives described in subparagraph (A)—
(i)whether such objectives assess the full scope of patient navigator responsibilities, including general education, plan selection, and determination of eligibility for tax credits, cost-sharing reductions, or other coverage; (ii)how the Secretary worked with patient navigators to establish such objectives; and
(iii)how the Secretary adjusted such objectives for case complexity and other contextual factors. (c)Report on advertising and consumer outreachNot later than 3 months after the completion of the annual open enrollment period for plan year 2022, the Secretary shall issue a report on advertising and outreach to consumers for the open enrollment period for plan year 2022. Such report shall include a description of—
(1)the division of spending on individual advertising platforms, including television and radio advertisements and digital media, to raise consumer awareness of open enrollment; (2)the division of spending on individual outreach platforms, including email and text messages, to raise consumer awareness of open enrollment; and
(3)whether the Secretary conducted targeted outreach to specific demographic groups and geographic areas. (d)Promoting transparency and accountability in the administration’s expenditures of exchange user feesFor plan year 2022 and each subsequent plan year, not later than the date that is 3 months after the end of such plan year, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress and make available to the public an annual report on the expenditures by the Department of Health and Human Services of user fees collected pursuant to section 156.50 of title 45, Code of Federal Regulations (or any successor regulations). Each such report for a plan year shall include a detailed accounting of the amount of such user fees collected during such plan year and of the amount of such expenditures used during such plan year for the federally facilitated Exchange operated pursuant to section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) on outreach and enrollment activities, navigators, maintenance of Healthcare.gov, and operation of call centers.
306.Improving awareness of health coverage options
(a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall update, and make publicly available in a prominent location on the website of the Department of Labor, the model Consolidated Omnibus Budget Reconciliation Act of 1985 (referred to in this section as COBRA) continuation coverage general notice and the model COBRA continuation coverage election notice developed by the Secretary of Labor for purposes of facilitating compliance of group health plans with the notification requirements under section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166). In updating each such notice, the Secretary of Labor shall include information regarding any Exchange established under title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.) through which a qualified beneficiary may be eligible to enroll in a qualified health plan, including— (1)the publicly accessible Internet website address for such Exchange;
(2)the publicly accessible Internet website address for the Find Local Help directory maintained by the Department of Health and Human Services on the healthcare.gov Internet website (or a successor website); (3)a clear explanation that—
(A)an individual who is eligible for continuation coverage may also be eligible to enroll, with financial assistance, in a qualified health plan offered through such Exchange, but, in the case that such individual elects to enroll in such continuation coverage and subsequently elects to terminate such continuation coverage before the period of such continuation coverage expires, such individual will not be eligible to enroll in a qualified health plan offered through such Exchange during a special enrollment period; and (B)an individual who elects to enroll in continuation coverage will remain eligible to enroll in a qualified health plan offered through such Exchange during an open enrollment period and may be eligible for financial assistance with respect to enrolling in such a qualified health plan;
(4)information on consumer protections with respect to enrolling in a qualified health plan offered through such Exchange, including the requirement for such a qualified health plan to provide coverage for essential health benefits (as defined in section 1302(b) of such Act (42 U.S.C. 18022(b)) and the requirements applicable to such a qualified health plan under parts A and D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.); and (5)information on the availability of financial assistance with respect to enrolling in a qualified health plan, including the maximum income limit for eligibility for a premium tax credit under section 36B of the Internal Revenue Code of 1986.
(b)Name of noticesIn addition to updating the model COBRA continuation coverage general notice and the model COBRA continuation coverage election notice under paragraph (1), the Secretary of Labor shall rename each such notice as the model COBRA continuation coverage and Affordable Care Act coverage general notice and the model COBRA continuation coverage and Affordable Care Act coverage election notice, respectively. (c)Consumer testingPrior to making publicly available the model COBRA continuation coverage general notice and the model COBRA continuation coverage election notice updated under paragraph (1), the Secretary of Labor shall provide an opportunity for consumer testing of each such notice, as so updated, to ensure that each such notice is clear and understandable to the average participant or beneficiary of a group health plan.
(d)DefinitionsIn this subsection: (1)Continuation coverageThe term continuation coverage, with respect to a group health plan, has the meaning given such term in section 602 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162).
(2)Group health planThe term group health plan has the meaning given such term in section 607 of such Act (29 U.S.C. 1167). (3)Qualified beneficiaryThe term qualified beneficiary has the meaning given such term in such section 607.
(4)Qualified health planThe term qualified health plan has the meaning given such term in section 1301 of the Patient Protection and Affordable Care Act (42 U.S.C. 18021).  307.Promoting State innovations to expand coverage (a)In generalSubject to subsection (d), the Secretary of Health and Human Services shall award grants to eligible State agencies to enable such States to explore innovative solutions to promote greater enrollment in health insurance coverage in the individual and small group markets, including activities described in subsection (c).
(b)EligibilityFor purposes of subsection (a), eligible State agencies are Exchanges established by a State under title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.) and State agencies with primary responsibility over health and human services for the State involved. (c)Use of fundsFor purposes of subsection (a), the activities described in this subsection are the following:
(1)State efforts to streamline health insurance enrollment procedures in order to reduce burdens on consumers and facilitate greater enrollment in health insurance coverage in the individual and small group markets, including automatic enrollment and reenrollment of, or pre-populated applications for, individuals without health insurance who are eligible for tax credits under section 36B of the Internal Revenue Code of 1986, with the ability to opt out of such enrollment. (2)State investment in technology to improve data sharing and collection for the purposes of facilitating greater enrollment in health insurance coverage in such markets.
(3)Feasibility studies to develop comprehensive and coherent State plan for increasing enrollment in the individual and small group market. (d)FundingFor purposes of carrying out this section, there is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of the fiscal years 2022 through 2024. Such amount shall remain available until expended.


113 S1053 IS: Hospice Evaluation and Legitimate Payment Act of 2013
U.S. Senate
2013-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1053
		IN THE SENATE OF THE UNITED STATES

			May 23, 2013
			Mr. Wyden (for himself
			 and Mr. Roberts) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security Act to
		  strengthen and protect Medicare hospice programs.

		1.Short titleThis Act may be cited as the
			 Hospice Evaluation and Legitimate
			 Payment Act of 2013.
		2.Ensuring timely
			 access to hospice care
			(a)In
			 generalSection 1814(a)(7)(D)(i) of the Social Security Act (42
			 U.S.C. 1395f(a)(7)(D)(i)) is amended to read as follows:

					(i)a
				hospice physician, nurse practitioner, clinical nurse specialist, or physician
				assistant (as those terms are defined in section 1861(aa)(5)), or other health
				professional (as designated by the Secretary), has a face-to-face encounter
				with the individual to determine continued eligibility of the individual for
				hospice care prior to the first 60-day period and each subsequent
				recertification under subparagraph (A)(ii) (or, in the case where a hospice
				program newly admits an individual who would be entering their first 60-day
				period or a subsequent hospice benefit period or where exceptional
				circumstances, as defined by the Secretary, may prevent a face-to-face
				encounter prior to the beginning of the hospice benefit period, not later than
				7 calendar days after the individual’s election under section 1812(d)(1) with
				respect to the hospice program) and attests that such visit took place (in
				accordance with procedures established by the Secretary);
				and
					.
			(b)Effective
			 dateThe amendment made by subsection (a) takes effect on January
			 1, 2014, and applies to hospice care furnished on or after such date.
			3.Restoring and
			 protecting the Medicare hospice benefit
			(a)In
			 generalSection 1814(i) of the Social Security Act (42 U.S.C.
			 1395f(i)) is amended—
				(1)in paragraph
			 (6)—
					(A)in subparagraph
			 (D)—
						(i)in
			 clause (i)—
							(I)in the first
			 sentence, by striking not earlier than October 1, 2013, the Secretary
			 shall, by regulation, and inserting subject to clause (iii), not
			 earlier than the later of 2 years after the demonstration program under
			 subparagraph (F) is completed or October 1, 2017, the Secretary shall, by
			 regulation, preceded by a notice of the proposed regulation in the Federal
			 Register and a period for public comment in accordance with section
			 1871(b)(1),; and
							(II)in the second
			 sentence, by inserting  and shall take into account the results of the
			 evaluation conducted under subparagraph (F)(ii) before the period;
			 and
							(ii)by
			 adding at the end the following new clause:

								(iii)The Secretary shall implement the
				revisions in payment pursuant to clause (i) unless the Secretary determines
				that the demonstration program under subparagraph (F) demonstrated that such
				revisions would adversely affect access to quality hospice care by
				beneficiaries under this title.
								;
				and
						(B)by adding at the
			 end the following new subparagraph:

							(F)Hospice payment reform demonstration
				program
								(i)Establishment of demonstration
				program
									(I)In generalBefore
				implementing any revisions to the methodology for determining the payment rates
				for routine home care and other services included in hospice care under
				subparagraph (D), the Secretary shall establish a Medicare Hospice Payment
				Reform demonstration program (in this subparagraph referred to as the
				demonstration program) to test such proposed revisions.
									(II)DurationThe
				demonstration program shall be conducted for a 2-year period beginning on or
				after October 1, 2013.
									(III)ScopeAny certified
				hospice program may apply to participate in the demonstration program and the
				Secretary shall select not more than 15 such hospice programs to participate in
				the demonstration program.
									(IV)Representative
				participationHospice programs selected under subclause (III) to
				participate in the demonstration program shall include a representative
				cross-section of hospice programs throughout the United States, including
				programs located in urban and rural areas.
									(ii)Evaluation and report
									(I)EvaluationThe Secretary
				shall conduct an evaluation of the demonstration program. Such evaluation shall
				include an analysis of whether the use of the revised payment methodology under
				the demonstration program has improved the quality of patient care and access
				to hospice care for beneficiaries under this title and the impact of such
				payment revisions on hospice care providers, including the impact, if any, on
				the ability of hospice programs to furnish quality care to beneficiaries under
				this title.
									(II)ReportNot later than 2
				years after the completion of the demonstration program, the Secretary shall
				submit to Congress a report containing the results of the evaluation conducted
				under subclause (I), together with recommendations for such legislation and
				administrative action as the Secretary determines appropriate.
									(iii)Budget neutralityWith respect to the 2-year period of the
				demonstration program, the Secretary shall ensure that revisions in payment
				implemented as part of the demonstration program shall result in the same
				estimated amount of aggregate payments under this title for hospice care for
				the programs participating in the demonstration as would have been made if the
				hospice programs had not participated in the demonstration
				program.
								.
					4.Hospice survey
			 requirementSection
			 1861(dd)(4) of the Social Security Act (42 U.S.C. 1395x(dd)(4)) is amended by
			 adding at the end the following new subparagraph:

				(C)Any entity that is certified as a hospice
				program shall be subject to a standard survey by an appropriate State or local
				survey agency, or an approved accreditation agency, as determined by the
				Secretary, not less frequently than once every 36 months beginning 6 months
				after the date of the enactment of this
				subparagraph.
				.


116 S207 IS: To enhance tribal road safety, and for other purposes.
U.S. Senate
2019-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 207IN THE SENATE OF THE UNITED STATESJanuary 24, 2019Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo enhance tribal road safety, and for other purposes.

 1.Definition of SecretaryIn this Act, the term Secretary means the Secretary of the Interior. 2.Application of categorical exclusions to certain tribal transportation facilities (a)Definition of tribal transportation safety project (1)In generalIn this section, the term tribal transportation safety project means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code, and that—
 (A)corrects or improves a hazardous road location or feature; or (B)addresses a highway safety problem.
 (2)Projects describedA project described in this paragraph is a project for one or more of the following: (A)An intersection safety improvement.
 (B)Pavement and shoulder widening (including the addition of a passing lane to remedy an unsafe condition).
 (C)Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.
 (D)Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.
 (E)An improvement for pedestrian or bicyclist safety or the safety of persons with disabilities. (F)Construction and improvement of a railway-highway grade crossing safety feature, including the installation of protective devices.
 (G)The conduct of a model traffic enforcement activity at a railway-highway crossing. (H)Construction of a traffic calming feature.
 (I)Elimination of a roadside hazard. (J)Installation, replacement, and other improvements of highway signage and pavement markings or a project to maintain minimum levels of retroreflectivity that addresses a highway safety problem consistent with a State strategic highway safety plan.
 (K)Installation of a priority control system for emergency vehicles at signalized intersections. (L)Installation of a traffic control or other warning device at a location with high crash potential.
 (M)Transportation safety planning. (N)Collection, analysis, and improvement of safety data.
 (O)Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.
 (P)Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.
 (Q)The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.
 (R)Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
 (S)Construction and operational improvements on a high risk rural road (as defined in section 148(a) of title 23, United States Code).
 (T)Geometric improvements to a road for the purposes of safety improvement. (U)A road safety audit.
 (V)Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled Handbook for Designing Roadways for the Aging Population (FHWA–SA–14–015), dated June 2014 (or a revised or updated publication).
 (W)Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note; Public Law 112–141).
 (X)Systemic safety improvements. (Y)Installation of vehicle-to-infrastructure communication equipment.
 (Z)Pedestrian hybrid beacons. (AA)Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.
 (BB)A physical infrastructure safety project not described in subparagraphs (A) through (AA). (b)New categorical exclusions (1)Review of existing categorical exclusionsThe Secretary shall review the categorical exclusions under section 771.117 of title 23, Code of Federal Regulations (or successor regulations), to determine which, if any, are applicable for use by the Secretary in review of projects eligible for assistance under section 202 of title 23, United States Code.
 (2)Review of tribal transportation safety projectsThe Secretary shall identify tribal transportation safety projects that meet the requirements for categorical exclusions under sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations.
 (3)ProposalThe Secretary shall issue a proposed rule, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations, to propose any categorical exclusions identified under paragraphs (1) and (2).
 (4)DeadlineNot later than 180 days after the date of enactment of this Act, and after considering any comments on the proposed rule issued under paragraph (3), the Secretary shall promulgate a final rule for the categorical exclusions, in accordance with sections 1507.3 and 1508.4 of title 40, Code of Federal Regulations.
 (5)Technical assistanceThe Secretary of Transportation shall provide technical assistance to the Secretary in carrying out this subsection.
				(c)Reviews of tribal transportation safety projects
 (1)In generalThe Secretary or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process.
 (2)Review of applicationsNot later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary shall—
 (A)take final action on the application; or (B)provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project.
 (3)Decisions under other Federal lawsIn any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall—
 (A)make the applicable decision; or (B)provide the Indian tribe a schedule for making the decision.
 (4)ExtensionsThe Secretary or the head of an applicable Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension.
 (5)Notification and explanationIn any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary or the head of a Federal agency, as applicable, shall—
 (A)notify the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and
 (B)provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline.
					3.Programmatic agreements for categorical exclusions
 (a)In generalThe Secretary shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code.
 (b)InclusionsA programmatic agreement under subsection (a)— (1)may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
 (2)shall— (A)require that the Indian tribe maintain adequate capacity in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations);
 (B)set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance;
 (C)allow— (i)the Secretary to monitor compliance of the Indian tribe with the terms of the agreement; and
 (ii)the Indian tribe to execute any needed corrective action; (D)contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and
 (E)have a term of not more than 5 years, with an option for renewal based on a review by the Secretary of the performance of the Indian tribe.


114 HR 5993 IH: CAN Act
U.S. House of Representatives
2016-09-12
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.

I114th CONGRESS2d SessionH. R. 5993IN THE HOUSE OF REPRESENTATIVESSeptember 12, 2016Mr. Ashford introduced the following bill; which was referred to the Committee on House Administration, 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 prohibit the use of funds provided for the official travel expenses of Members of Congress and
			 other officers and employees of the legislative branch for airline
			 accommodations which are not coach-class accommodations, to prohibit the
			 use of official funds for long-term vehicle leases for Members of
			 Congress, to prohibit the use of the Members’ Representational Allowance
			 for expenses of official mail of any material other than a document
			 transmitted under the official letterhead of the Member involved, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Congressional Accountability Now Act or the CAN Act. 2.Prohibiting use of funds for official travel expenses of Members of Congress and legislative branch employees for airline accommodations other than coach-class (a)ProhibitionExcept as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations.
 (b)ExceptionsFunds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301–10.121 through 301–10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title.
 (c)Rule of ConstructionNothing in this section may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations.
			(d)Definitions
 (1)Coach-class accommodationsIn this section, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers.
 (2)Member of CongressIn this section, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. 3.Prohibiting use of funds for long-term vehicle leases by Members of Congress (a)ProhibitionNo funds appropriated or otherwise made available during a fiscal year for the operations of a House of Congress, including the official and representational expenses of a Member of Congress or the expenses of a committee or leadership office of a House of Congress, may be used for the long-term leasing of a vehicle.
 (b)Member of Congress DefinedIn this section, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. 4.Restricting use of frank by Members of the House of Representatives Section 311(e) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 503(e)) is amended by adding at the end the following new paragraph:

 (3)Funds of the House of Representatives may not be used for official mail of a Member of the House of Representatives for any material other than a document transmitted under the official letterhead used for the Member’s stationery..
		5.Reduction in pay and elimination of automatic pay increases for Members of Congress
 (a)In generalSection 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) is amended to read as follows:

					601.
 (a)Effective as of the beginning of the first applicable pay period commencing after the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of the Congressional Accountability Now Act, the annual rate of pay for—
 (1)each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico,
 (2)the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and
 (3)the Speaker of the House of Representatives, shall be equal to the annual rate of pay for that position as of the date on which such general election is held, reduced by 10 percent.. (b)Effective dateSubsection (a) shall take effect on the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of this Act.
			6.Termination of certain retirement benefits for Members of Congress
			(a)Amendments relating to the Civil Service Retirement System
 (1)In generalSubchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following:

						8335a.Termination of further retirement coverage of Members of Congress
 (a)In generalNotwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section—
 (1)a Member shall not be subject to this subchapter for any further period of time; and (2)no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund.
 (b)Prior rights not affectedNothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section.
 (c)Right To participate in thrift savings plan not affectedNothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.
 (d)RegulationsAny regulations necessary to carry out this section may— (1)except with respect to matters under paragraph (2), be prescribed by the Director of the Office of Personnel Management; and
 (2)with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).
 (e)ExclusionFor purposes of this section, the term Member does not include the Vice President. (f)Opt-InNot later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter..
 (2)Clerical amendmentThe table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following:

							8335a. Termination of further retirement coverage of Members of Congress..
				(b)Amendments relating to the Federal Employees’ Retirement System
 (1)In generalSubchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following:

						8425a.Termination of further retirement coverage of Members of Congress
 (a)In generalNotwithstanding any other provision of this chapter, effective as of the date of enactment of this section—
 (1)subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment—
 (A)such Member shall not be subject to this chapter for any further period of time after such date of enactment; and
 (B)no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and
 (2)in the case of an individual who first becomes a Member on or after such date of enactment— (A)such Member shall not be subject to this chapter; and
 (B)no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund.
 (b)Prior rights not affectedNothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section.
 (c)Right To participate in thrift savings plan not affectedNothing in subsection (a) or (b) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.
							(d)Regulations
 (1)In generalAny regulations necessary to carry out this section may— (A)except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and
 (B)with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).
 (2)RefundsNotwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.
 (e)ExclusionsFor purposes of this section, the term Member does not include the Vice President. (f)Opt-In for MembersNot later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter..
 (2)Clerical amendmentThe table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following:

							8425a. Termination of further retirement coverage of Members of Congress..
 7.Effective dateThis Act and the amendments made by this Act, other than sections 5 and 6, shall apply with respect to fiscal year 2017 and each succeeding fiscal year.


115 HR 4250 IH: Buy Smarter and Save Act of 2017
U.S. House of Representatives
2017-11-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4250IN THE HOUSE OF REPRESENTATIVESNovember 3, 2017Mr. Reed (for himself and Mr. Peters) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo promote category management principles within the Federal Government, and for other purposes.

 1.Short titleThis Act may be cited as the Buy Smarter and Save Act of 2017. 2.Establishment of Federal procurement goals (a)RecommendationsBeginning with the first fiscal year following the date of the enactment of this Act, and for each succeeding fiscal year, the Director of the Office of Management and Budget, in consultation with the Administrator for Federal Procurement Policy, the Category Management Leadership Council, and a representative from each Executive agency that is not represented on the Category Management Leadership Council, shall provide the President with recommendations for the establishment of the following:
 (1)An annual Governmentwide goal for Executive agencies to reduce the number of contracts for the procurement of common goods and services.
 (2)An annual Governmentwide goal for Executive agencies to increase spend under management. (3)An annual Governmentwide goal for Executive agencies to use category management to produce savings.
				(b)Establishment
 (1)Governmentwide goalsThe President shall use the recommendations provided under subsection (a) to establish the annual Governmentwide goals described in such subsection.
 (2)Individualized goalsNotwithstanding paragraph (1), the Director, in consultation with the Administrator for Federal Procurement Policy and the Category Management Leadership Council, may establish specific annual goals for procurement and savings that are customized for an individual Executive agency, which may include goals relating to contract reduction and spend under management.
				3.Guidance on implementation of Federal procurement goals
 (a)GuidanceNot later than 90 days after the date of the enactment of this Act, the Director shall develop and issue guidance, in accordance with the requirements described in subsection (b) and the considerations described in subsection (c), for Executive agencies on the implementation of the goals established under section 2(b).
 (b)RequirementsThe guidance issued under subsection (a) shall provide, at a minimum, for the following: (1)The maintenance of a category hierarchy for common goods and services to be procured using category management, consistent with the considerations described in subsection (c).
 (2)The implementation of Governmentwide standards, policies, and guidelines for category management for Executive agencies.
 (3)The establishment of a single authoritative source for Governmentwide procurement data that enables category management analytics and reporting.
 (4)The maintenance and regular update of a set of criteria for, and list of, preferred Governmentwide contract vehicles.
 (5)A description of the specific data required to be submitted by each Executive agency to the Director relating to the implementation of the goals established under section 2(b).
 (6)Guidance on calculating and verifying annual contract reduction, spend under management, and savings.
 (7)The establishment of standards for Executive agencies to measure progress with respect to the implementation described in paragraph (2).
 (c)ConsiderationsIn developing guidance under subsection (a), the Director shall take into consideration the application of category management in a manner that—
 (1)maintains a strong industrial and manufacturing base in the United States; (2)promotes continuous effective competition;
 (3)to the greatest extent applicable, complies with the Governmentwide goals for procurement contracts established under section 15(g) of the Small Business Act (15 U.S.C. 644(g));
 (4)maintains regular consultation with and outreach to entities in the private sector; (5)maintains consistency with international trade agreements;
 (6)accounts for the benefits and costs of the procurement of common goods and services; (7)emphasizes the procurement of common goods and services that are procured routinely and in large amounts; and
 (8)facilitates the ability to conduct a spend analysis under section 4(b). (d)Standards, policies, and guidelinesNot later than 120 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in consultation with the Category Management Leadership Council, shall prescribe regulations or issue guidance as necessary to implement the Governmentwide standards, policies, and guidelines described in subsection (b)(2).
 (e)Annual reportNot later than 180 days after the end of each fiscal year for which a goal is established under section 2(b), the Administrator for Federal Procurement Policy shall submit to Congress a report on the implementation of this Act, which shall include, at a minimum, the following:
 (1)The progress of the Federal Government in implementing the goals established under section 2(b). (2)An assessment of the performance of each Executive agency in implementing the goals established under section 2(b).
 (3)The progress achieved by each Executive agency in implementing category management. (4)Small business participation.
 (5)The state of Governmentwide procurement data in terms of accuracy, accessibility, and comprehensiveness in data systems such as the Federal Procurement Data System–Next Generation (FPDS–NG), the System for Award Management (SAM), the Contractor Performance Assessment Reports System (CPARS), and Acquisition Gateway.
 (6)The list of preferred Governmentwide contract vehicles, as required under subsection (b)(4). (7)Such findings and recommendations as the Administrator considers appropriate.
				4.Category management duties of Executive agencies
 (a)In generalThe head of an Executive agency shall take the following actions to support category management efforts in the agency:
 (1)Establish agencywide goals for category management efforts in support of the goals established under section 2(b).
 (2)Designate a category management accountability official. (3)Issue a policy that outlines the role, authority, and responsibilities of the category management accountability official and category management practices for the agency.
 (4)Identify preferred multi-agency and agency-specific category management vehicles in use. (5)Establish and regularly update utilization and spend under management goals for category management efforts.
 (6)Develop standards to track and assess compliance with the goals established under section 2(b), consistent with the guidance issued under section 3(a).
 (b)Spend analysisNot later than 180 days after the date of the enactment of this Act, and in accordance with the guidance issued under section 3(a), the head of an Executive agency shall conduct a spend analysis of procurements by the agency during fiscal year 2017 to establish a baseline for spend under management.
			5.Study by Comptroller General
 Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall—
 (1)conduct a study to assess the impact of the use of Governmentwide procurement contracts and Federal supply schedules on the taxpayer; and
 (2)submit to Congress a report on the results of such study. 6.DefinitionsIn this Act:
 (1)Executive agencyThe term Executive agency means the following: (A)An Executive department (as defined in section 105 of title 5, United States Code).
 (B)Environmental Protection Agency. (C)National Aeronautics and Space Administration.
 (D)Agency for International Development. (E)General Services Administration.
 (F)National Science Foundation. (G)Nuclear Regulatory Commission.
 (H)Office of Personnel Management. (I)Small Business Administration.
 (J)Social Security Administration. (2)Category managementThe term category management means a business practice for reducing duplication in contracting, more effectively leveraging the buying power of the Federal Government, and promoting the use of best-in-class solutions and practices throughout the Federal Government.
 (3)CommonThe term common means, when used with respect to a good or service, that such good or service is— (A)procured by all or most Executive agencies;
 (B)not unique to the mission of an individual Executive agency; (C)interchangeable between Executive agencies; and
 (D)generally available commercially. (4)DirectorThe term Director means the Director of the Office of Management and Budget.
 (5)spend under managementThe term spend under management means the number equal to the quotient obtained by dividing— (A)the total spending on preferred Governmentwide contract vehicles; by
 (B)the total spending on all Governmentwide contract vehicles.