116 HR 8574 IH: Protecting Residents with Oversight, Transparency, and Enforcement for Compassionate Treatment in Long Term Care Facilities Act
U.S. House of Representatives
2020-10-09
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.

I116th CONGRESS2d SessionH. R. 8574IN THE HOUSE OF REPRESENTATIVESOctober 9, 2020Ms. Sherrill (for herself, Mr. Pascrell, Mrs. Watson Coleman, Mr. Sires, Mr. Beyer, Mr. Payne, Mr. Doggett, Ms. Shalala, Ms. Judy Chu of California, and Mr. Kildee) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend titles XVIII and XIX of the Social Security Act to increase enforcement under Medicare and Medicaid for skilled nursing facilities and nursing facilities during the COVID–19 emergency period and other infectious disease outbreak periods, and for other purposes.1.Short titleThis Act may be cited as the Protecting Residents with Oversight, Transparency, and Enforcement for Compassionate Treatment in Long Term Care Facilities Act or the PROTECT Long Term Care Facilities Act. 2.Increased enforcement under Medicare and Medicaid for skilled nursing facilities and nursing facilities during the COVID–19 emergency period and other infectious disease outbreak periods(a)Additional funding to State survey agencies(1)AppropriationsOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services $100,000,000 for fiscal year 2021 to be provided, in addition to any funds otherwise made available and in accordance with paragraph (2), to State survey and certification agencies (described in subsection (f) of section 1128I of the Social Security Act (42 U.S.C. 1320a–7j)) for the following purposes:(A)To complete surveys conducted pursuant to the amendments made by subsection (b) for facilities (as defined in subsection (a) of such section 1128I).(B)To increase investigations and surveys performed pursuant to sections 1919(g)(4) of such Act (42 U.S.C. 1396r(g)(2)) and 1819(g)(4) of such Act (42 U.S.C. 1395i–3(g)(4)) based on criteria developed pursuant to paragraph (7)(B) of section 1819(h) of such Act, as added by subsection (b)(1)(C), and paragraph (10)(B) of section 1919(h) of such Act, as added by subsection (b)(2)(C).(C)To purchase personal protective equipment for surveyors to conduct surveys and investigations of facilities (as defined in subsection (a) of such section 1128I) to ensure worker safety.(D)To increase staffing levels at such State survey and certification agencies.(2)Allocation of fundingThe Secretary shall allocate funds appropriated under paragraph (1) based on the following prioritization:(A)First to State survey and certification agencies (as described in subsection (f) of such section 1128I) serving populations with a high burden, as defined by the Secretary of Health and Human Services, of COVID–19.(B)Second to such agencies preparing for, or working to mitigate, a COVID–19 surge or any similar infectious disease outbreak.(C)Third to such agencies serving a high number, as defined by the Secretary, of low-income, uninsured, or under-insured populations, including medically underserved populations.(D)Fourth to such agencies, as determined by the Secretary, based on the size of their nursing home population.(E)Fifth to any other such agencies.(b)Special rules during COVID–19 emergency period and other infectious disease outbreak periods(1)Medicare(A)In generalSection 1819(g)(2) of the Social Security Act (42 U.S.C. 1395i–3(g)(2)) is amended by adding at the end the following new subparagraph:(F)COVID–19 emergency period and other infectious disease outbreak periods(i)In generalNotwithstanding any other provision of this paragraph, during an infectious disease outbreak period (as defined in clause (ii)), with respect to a State, the following shall apply:(I)Each skilled nursing facility shall be subject to a standard survey under subparagraph (A) not later than 4 weeks after the beginning of such period and every 6 months after the date of the previous standard survey conducted under such subparagraph.(II)Follow-up surveys under this paragraph shall be conducted based on if the skilled nursing facility is found to be—(aa)a facility with substandard quality of care;(bb)a facility not in substantial compliance;(cc)a facility reporting less than three hours of direct care staff per resident per day;(dd)a facility that has reported no registered nurses for four or more days in a quarter; or(ee)a facility with an overall score of 2 or less stars on nursing home compare.(III)In the case of a skilled nursing facility which is found under a standard survey or extended survey to be in substantial compliance, State survey and certification agencies (described in subsection (f) of section 1128I) shall have flexibility with regards to the timing of conducting such a follow-up standard survey. (IV)A skilled nursing facility which is found, under a standard survey or extended survey, to have provided substandard quality of care shall be treated as being identified by the Secretary as having substantially failed to meet applicable requirement of this Act for purposes of subsection (f)(8).(V)In the case of a skilled nursing facility that is subject to an extended survey under subparagraph (B), such extended survey shall be conducted as soon as practical after the standard survey for such facility, but not later than 4 weeks after the date of completion of such standard survey.(VI)A skilled nursing facility which is found, under a standard survey or extended survey to have provided substandard quality of care shall be surveyed at least once every 6 months, thereafter until the infectious disease outbreak period ends.(VII)Surveys under this paragraph shall be conducted in a manner that prioritizes skilled nursing facilities located in towns (or counties, if municipal-level is not available) with higher infection rate, as identified by the Secretary, and facilities with previous violations of requirements of this Act.(VIII)Any skilled nursing facility reporting (as determined by the Centers for Medicare & Medicaid Services) fewer than three hours of direct care staff time per resident per day, with ½ hour of registered nurse time included or any skilled nursing facility that has reported no registered nurse for four or more days.(ii)Infectious disease outbreak period definedFor purposes of this subparagraph, the term infectious disease outbreak period means any of the following periods:(I)COVID–19 emergency periodThe emergency period described in section 1135(g)(1)(B).(II)Other infectious disease outbreak periods(aa)The period beginning on the date a nationwide emergency related to a public health emergency is declared pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. (bb)The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act.(cc)With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State..(B)Internet portal and hotline numberSection 1819(e) of the Social Security Act (42 U.S.C. 1395i–3(e)) is amended by adding at the end the following new paragraph:(6)Internet portal and hotline numberBy not later than one year after the date of the enactment of this paragraph, the State shall have in place and maintain an Internet portal and hotline number (which may be such a portal or hotline in existence before the date of the enactment of this paragraph) for staff of nursing facilities, residents of such facilities, family of such residents, the State long-term care ombudsman (established under title III or VII of the Older Americans Act of 1965 in accordance with section 712 of the Act), or the general public to report violations of requirements of this section by such facilities. The Secretary shall establish a process under which each violation so reported shall be preliminarily investigated by a State survey and certification agency (described in subsection (f) of section 1128I) and based on the results of such preliminary investigation may be subject to a subsequent more comprehensive investigation by such agency, in coordination with the Secretary..(C)Increased penaltiesSection 1819(h) of the Social Security Act (42 U.S.C. 1395i–3(h)) is amended by adding at the end the following new paragraph:(7)Special rules during COVID–19 emergency period and other infectious disease outbreak periods(A)In generalNotwithstanding any other provision of this subsection, during an infectious disease outbreak period (as defined in subsection (g)(2)(F)(ii)), with respect to a State, the following shall apply:(i)In the cases of an outbreak specific violation, a civil monetary penalty under paragraph (2)(B)(ii)(I) may not be waived or reduced by the Secretary. (ii)In the case of a repeat deficiency relating to any violation of a skilled nursing facility during a 15-month period, any civil monetary penalty under paragraph (2)(B)(ii)(I), shall be doubled.(iii)In the case of a second outbreak specific violation of a skilled nursing facility during such period, the facility shall be treated as being identified by the Secretary (or may be identified by the top State health official, in accordance with a process specified by the Secretary) as having substantially failed to meet applicable requirement of this Act for purposes of subsection (f)(8) for the remainder of such period.(B)Outbreak specific violationFor purposes of this paragraph, the Secretary, through the Centers for Medicare & Medicaid Services, shall develop the following:(i)In the case of an infectious disease outbreak period with respect to COVID–19, criteria for determining an outbreak specific violation with respect to COVID–19, including—(I)criteria specified by the Centers for Disease Control and Prevention relating to infection rates, mortality rates, and hospitalization rates; and(II)criteria for staff shortages, overcrowding (and ability to cohort), and insufficient personal protective equipment.(ii)In the case of an infectious disease outbreak period other than with respect to COVID–19, criteria for determining an outbreak specific violation specific to such outbreak period. .(D)ReportingSection 1819(d)(4) of the Social Security Act (42 U.S.C. 1395i–3(d)(4)) is amended by adding at the end the following new subparagraph:(C)COVID–19 and Infectious Disease Outbreak Reporting and notification(i)In generalA skilled nursing facility must, with respect to an infectious disease outbreak period (as defined in subsection (g)(2)(F)(ii))—(I)electronically submit, at a frequency specified by the Secretary, but no less than once weekly and in a standardized format specified by the Secretary, to the National Healthcare Safety Network of the Centers for Disease Control and Prevention information on—(aa)the number of suspected and confirmed cases among residents and staff of the facility, of— (AA)in the case of the period described in subclause (I) of such section, COVID–19 (including with respect to residents of the facility previously treated for COVID–19); and(BB)in the case of the period described in subclause (II) of such section, the infectious disease that is the reason for which such period is declared (including with respect to residents of the facility previously treated for such infectious disease);(bb)the number of deaths (including residents who die outside the facility and deaths related to COVID–19 or the infectious disease, as applicable) among residents and staff of the facility;(cc)the amount of personal protective equipment and hand hygiene supplies in the facility, including how many days supply;(dd)ventilator capacity and related supplies in the facility;(ee)the number of resident beds at the facility and census;(ff)access to COVID–19 or the infectious disease, as applicable, testing available in the facility for residents of the facility;(gg)any staffing shortages; and(hh)any other information specified by the Secretary; and(II)in the case of the occurrence at the facility of either a single confirmed infection of COVID–19 or the infectious disease (as applicable) or of three or more residents or staff at the facility with new-onset of respiratory symptoms occurring within 72 hours of each other, inform residents of the facility, representatives of such residents, and families of the residents of such occurrence by not later than 5 p.m. on the calendar day following such occurrence.(ii)InformationThe information provided under clause (ii)(II) must—(I)not include personally identifiable information;(II)include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and(III)include any cumulative updates for residents, representatives, and families at least weekly (or, in the case of a subsequent occurrence described in such clause (ii)(II), by not later than 5 p.m. on the calendar day following such subsequent occurrence).(iii)CMS postingThe information submitted under clause (ii)(I) shall be publicly posted on a weekly basis by the Centers for Medicare & Medicaid Service to support protecting the health and safety of residents, personnel, and the general public. .(2)Medicaid(A)In generalSection 1919(g)(2) of the Social Security Act (42 U.S.C. 1396r(g)(2)) is amended by adding at the end the following new subparagraph:(F)COVID–19 emergency period and other infectious disease outbreak periods(i)In generalNotwithstanding any other provision of this paragraph, during an infectious disease outbreak period (as defined in clause (ii)), with respect to a State, the following shall apply:(I)Each nursing facility shall be subject to a standard survey under subparagraph (A) not later than 4 weeks after the beginning of such period and every 6 months after the date of the previous standard survey conducted under such subparagraph.(II)Follow-up surveys under this paragraph shall be conducted based on if the skilled nursing facility is found to be—(aa)a facility with substandard quality of care;(bb)a facility not in substantial compliance;(cc)a facility reporting less than three hours of direct care staff per resident per day;(dd)a facility that has reported no registered nurses for four or more days in a quarter; or(ee)a facility with an overall score of 2 or less stars on nursing home compare.(III)In the case of a nursing facility which is found under a standard survey or extended survey to be in substantial compliance, State survey and certification agencies (described in subsection (f) of section 1128I) shall have flexibility with regards to the timing of conducting such a follow-up standard survey. (IV)A nursing facility which is found, under a standard survey or extended survey, to have provided substandard quality of care shall be treated as being identified by the Secretary as having substantially failed to meet applicable requirement of this Act for purposes of subsection (f)(10).(V)In the case of a nursing facility that is subject to an extended survey under subparagraph (B), such extended survey shall be conducted as soon as practical after the standard survey for such facility, but not later than 4 weeks after the date of completion of such standard survey.(VI)A nursing facility which is found, under a standard survey or extended survey to have provided substandard quality of care shall be surveyed at least once every 6 months, thereafter until the infectious disease outbreak period ends.(VII)Surveys under this paragraph shall be conducted in a manner that prioritizes nursing facilities located in towns (or counties, if municipal-level is not available) with higher infection rate, as identified by the Secretary, and facilities with previous violations of requirements of this Act.(VIII)Any skilled nursing facility reporting (as determined by the Centers for Medicare & Medicaid Services) fewer than three hours of direct care staff time per resident per day, with ½ hour of registered nurse time included or any skilled nursing facility that has reported no registered nurse for four or more days.(ii)Infectious disease outbreak period definedFor purposes of this subparagraph, the term infectious disease outbreak period means any of the following periods:(I)COVID–19 emergency periodThe emergency period described in section 1135(g)(1)(B).(II)Other infectious disease outbreak periods(aa)The period beginning on the date a nationwide emergency related to a public health emergency is declared pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. (bb)The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act.(cc)With respect to a nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State..(B)Internet portal and hotline numberSection 1919(e) of the Social Security Act (42 U.S.C. 1396r(e)) is amended by adding at the end the following new paragraph:(9)Internet portal and hotline numberBy not later than one year after the date of the enactment of this paragraph, the State shall have in place and maintain an Internet portal and hotline number (which may be such a portal or hotline in existence before the date of the enactment of this paragraph) for staff of nursing facilities, residents of such facilities, family of such residents, the State long-term care ombudsman (established under title III or VII of the Older Americans Act of 1965 in accordance with section 712 of the Act), or the general public to report violations of requirements of this section by such facilities. The Secretary shall establish a process under which each violation so reported shall be preliminarily investigated by a State survey and certification agency (described in subsection (f) of section 1128I) and based on the results of such preliminary investigation may be subject to a subsequent more comprehensive investigation by such agency, in coordination with the Secretary..(C)Increased penaltiesSection 1919(h) of the Social Security Act (42 U.S.C. 1396r(h)) is amended by adding at the end the following new paragraph:(10)Special rules during COVID–19 emergency period and other infectious disease outbreak periods(A)In generalNotwithstanding any other provision of this subsection, during an infectious disease outbreak period (as defined in subsection (g)(2)(F)(ii)), with respect to a State, the following shall apply:(i)In the cases of an outbreak specific violation, a civil monetary penalty under paragraph (3)(B)(ii)(I) may not be waived or reduced by the Secretary. (ii)In the case of a repeat deficiency relating to any violation of a nursing facility during a 15-month period, any civil monetary penalty under paragraph (3)(B)(ii)(I) shall be doubled.(iii)In the case of a second outbreak specific violation of a nursing facility during such period, the facility shall be treated as being identified by the Secretary (or may be identified by the top State health official, in accordance with a process specified by the Secretary) as having substantially failed to meet applicable requirement of this Act for purposes of subsection (f)(10) for the remainder of such period.(B)Outbreak specific violationFor purposes of this paragraph, the Secretary, through the Centers for Medicare & Medicaid Services, shall develop the following:(i)In the case of an infectious disease outbreak period with respect to COVID–19, criteria for determining an outbreak specific violation with respect to COVID–19, including—(I) Criteria specified by the Centers for Disease Control and Prevention relating to infection rates, mortality rates, and hospitalization rates.(II)Criteria for staff shortages, overcrowding (and ability to cohort), and insufficient personal protective equipment.(ii)In the case of an infectious disease outbreak period other than with respect to COVID–19, criteria for determining an outbreak specific violation specific to such outbreak period. .(D)ReportingSection 1919(d)(4) of the Social Security Act (42 U.S.C. 1396r(d)(4)) is amended by adding at the end the following new subparagraph:(C)COVID–19 and infectious disease outbreak reporting and notification(i)In generalA nursing facility must, with respect to an infectious disease outbreak period (as defined in subsection (g)(2)(F)(ii))—(I)electronically submit, at a frequency specified by the Secretary, but no less than once weekly and in a standardized format specified by the Secretary, to the National Healthcare Safety Network of the Centers for Disease Control and Prevention information on—(aa)the number of suspected and confirmed cases among residents and staff of the facility, of— (AA)in the case of the period described in subclause (I) of such section, COVID–19 (including with respect to residents of the facility previously treated for COVID–19); and(BB)in the case of the period described in subclause (II) of such section, the infectious disease that is the reason for which such period is declared (including with respect to residents of the facility previously treated for such infectious disease);(bb)the number of deaths (including residents who die outside the facility and deaths related to COVID–19 or the infectious disease, as applicable) among residents and staff of the facility;(cc)the amount of personal protective equipment and hand hygiene supplies in the facility, including how many days supply;(dd)ventilator capacity and related supplies in the facility;(ee)the number of resident beds at the facility and census;(ff)access to COVID–19 or the infectious disease, as applicable, testing available in the facility for residents of the facility;(gg)any staffing shortages; and(hh)any other information specified by the Secretary; and(II)in the case of the occurrence at the facility of either a single confirmed infection of COVID–19 or the infectious disease (as applicable) or of three or more residents or staff at the facility with new-onset of respiratory symptoms occurring within 72 hours of each other, inform residents of the facility, representatives of such residents, and families of the residents of such occurrence by not later than 5 p.m. on the calendar day following such occurrence.(ii)InformationThe information provided under clause (ii)(II) must—(I)not include personally identifiable information;(II)include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and(III)include any cumulative updates for residents, representatives, and families at least weekly (or, in the case of a subsequent occurrence described in such clause (ii)(II), by not later than 5 p.m. on the calendar day following such subsequent occurrence).(iii)CMS postingThe information submitted under clause (ii)(I) shall be publicly posted on a weekly basis by the Centers for Medicare & Medicaid Service to support protecting the health and safety of residents, personnel, and the general public.


116 S890 IS: Senate Cybersecurity Protection Act
U.S. Senate
2019-03-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 890IN THE SENATE OF THE UNITED STATESMarch 27, 2019Mr. Wyden (for himself and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationA BILLTo authorize the Sergeant at Arms to protect the personal technology devices and accounts of
			 Senators and covered employees from cyber attacks and hostile information
			 collection activities, and for other purposes.

 1.Short titleThis Act may be cited as the Senate Cybersecurity Protection Act. 2.DefinitionsIn this Act—
 (1)the term covered employing office means— (A)the personal office of a Senator;
 (B)the office of a committee of the Senate; (C)any other office of the Senate not described in subparagraph (A) or (B); or
 (D)the office of a joint committee or joint commission; (2)the term covered employee means an individual—
 (A)who is employed or serving in a position as— (i)an officer or employee of a covered employing office;
 (ii)a detailee in a covered employing office, without regard to whether the service is on a reimbursable basis; or
 (iii)a fellow in a covered employing office, without regard to whether the position is compensated or the source of the compensation;
 (B)who is not a Senate authorizer; and (C)whom the covered employing office has determined is highly vulnerable to cyber attacks and hostile information collection activities because of the position of the individual;
 (3)the term personal account means an account for online or telecommunications services (including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services)—
 (A)used by a Senate authorizer or covered employee; (B)that is not administered or operated by the Sergeant at Arms; and
 (C)with respect to which the parties signing the security memorandum of understanding as described in paragraph (6)(A) jointly agree that the Sergeant at Arms will provide security, in accordance with this Act;
 (4)the term personal technology device— (A)means a handheld communications device, laptop computer, desktop computer, or other internet-connected device—
 (i)used by a Senate authorizer or covered employee; (ii)that is not provided to the Senate authorizer or covered employee, or administered, by the Sergeant at Arms; and
 (iii)with respect to which the parties signing the security memorandum of understanding as described in paragraph (6)(A) jointly agree that the Sergeant at Arms will provide security, in accordance with this Act; and
 (B)may, if agreed to by the parties pursuant to the security memorandum of understanding, include any computer network to which a computer or device described in subparagraph (A) connects;
 (5)the term provide security means to provide training, advice, support, technical assistance, and other services to prevent, detect, and recover from cyber attacks and hostile information collection activities;
 (6)the term security memorandum of understanding means a written memorandum of understanding that— (A)is signed by—
 (i)the Sergeant at Arms; (ii)the Senate authorizer or covered employee for whom the security will be provided pursuant to the memorandum; and
 (iii)if the security is being provided for a covered employee, the applicable Senate authorizer for the covered employee;
 (B)specifies the personal accounts or personal technology devices, or categories of personal accounts or personal technology devices, for which the Sergeant at Arms will provide security;
 (C)describes the rights and responsibilities of each signing party relating to the provision of security and with respect to privacy; and
 (D)shall be effective for a period of not more than 1 year; (7)the term Senate authorizer—
 (A)means a Senator or the head of a Senate office described in paragraph (1)(C); (B)when used with respect to a covered employee not described in subparagraph (C), means the Senator or the head of a Senate office who has final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of the covered employee; and
 (C)when used with respect to a covered employee of a joint committee or joint commission, the Senator from the majority party of the Senate who—
 (i)is a member of, or has authority over, the committee or commission; and (ii)serves in the highest leadership role for a Senator in the committee or commission or, if there is no such leadership role, is the most senior Senator from the majority party of the committee or commission; and
 (8)the term Sergeant at Arms means the Sergeant at Arms and Doorkeeper of the Senate.
			3.Cybersecurity assistance for personal technology devices and accounts
			(a)Authorization
 (1)In generalUpon request by a Senate authorizer and upon the signing of a security memorandum of understanding by the parties described in section 2(6)(A), the Sergeant at Arms may use funds provided for official purposes in order to provide security for personal accounts and personal technology devices of the Senate authorizer or a covered employee of the Senate authorizer.
 (2)Annual renewalA Senate authorizer or covered employee for whom the Sergeant at Arms is providing security for personal accounts and personal technology devices under a security memorandum of understanding may continue to receive such security services under this Act if the applicable signing parties described in section 2(6)(A) enter into a security memorandum of understanding each year.
 (b)Aggregate reportingBy the date that is 2 years after the date of enactment of this Act, and annually thereafter, the Sergeant at Arms shall prepare and submit to the Committee on Rules and Administration and the Select Committee on Intelligence of the Senate a report that includes aggregate statistics for the preceding fiscal year of the number of Senate authorizers and covered employees who entered into a security memorandum of understanding with the Sergeant at Arms and received security assistance for their personal accounts and personal technology devices.
 (c)Rule of constructionNothing in this Act shall be construed to encourage any Senator or covered employee to conduct official Government business using a personal technology device.
			4.Annual GAO reports on cybersecurity and surveillance threats
			(a)Annual reports
 (1)In generalBeginning 180 days after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall prepare and submit, to the Committee on Rules and Administration and the Select Committee on Intelligence of the Senate, a report regarding cybersecurity and surveillance threats to the legislative branch.
 (2)StatisticsEach report required under paragraph (1) shall include statistics on cyber attacks, and other incidents of espionage or surveillance targeted against Senators or the immediate families or staff of the Senators, in which the non-public communications and other private information of such targeted individuals were lost, stolen, or otherwise subject to unauthorized access by criminals or a foreign government.
 (b)ConsultationIn preparing the report required under subsection (a), the Comptroller General shall consult with the Director of National Intelligence and the Sergeant at Arms.


		II
		109th CONGRESS
		2d Session
		S. 3780
		IN THE SENATE OF THE UNITED STATES

			August 3, 2006
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To require the Under Secretary for Oceans and Atmosphere
		  to develop a storm surge scale to be used in conjunction with the
		  Saffir-Simpson scale to measure and predict the impact of storm surges caused
		  by hurricanes and tropical storms and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Predict Accurate Storm Surge Act
			 of 2006.
		2.Development of
			 storm surge scale
			(a)Requirement to
			 develop storm surge scale
				(1)In
			 generalNot later than June 1, 2007, the Under Secretary for
			 Oceans and Atmosphere of the Department of Commerce shall develop a storm surge
			 scale to be used in conjunction with the Saffir-Simpson scale to measure and
			 predict the impact of storm surges caused by storm events, including hurricanes
			 and tropical storms.
				(2)Cooperation and
			 consultationThe Under Secretary for Oceans and Atmosphere shall
			 develop the storm surge scale described in paragraph (1) in cooperation with
			 the Chief of Engineers of the Army Corps of Engineers, the Director of United
			 States Geological Survey, the Under Secretary for Emergency Preparedness and
			 Response of the Department of Homeland Security, and in consultation with
			 appropriate national, regional, and state engineering, flood plain, and
			 emergency managers organizations.
				(b)ConsiderationsThe
			 storm surge scale developed pursuant to subsection (a) shall take into account
			 factors related to the storm that will produce the storm surge, including wind
			 speed and rainfall amounts and the characteristics of the area where the storm
			 will make landfall, including the slope of the continental shelf and shape of
			 the coastline of such area and whether such area is urban or rural area.
			(c)RequirementsThe
			 storm surge scale developed pursuant to subsection (a) shall be—
				(1)developed to
			 assist in the accurate modeling and prediction of the effect of a storm surge
			 upon landfall and to assist officials in planning for the storm surge;
				(2)used to measure
			 the storm surge associated with storm events, including hurricanes and tropical
			 storms; and
				(3)incorporated into
			 the engineering and design of appropriate coastal, flood, and hurricane
			 protection projects carried out by the United States.


		II
		Calendar No. 450
		112th CONGRESS
		2d Session
		S. 1744
		IN THE SENATE OF THE UNITED STATES

			October 20, 2011
			Ms. Klobuchar (for
			 herself, Mr. Nelson of Florida,
			 Mr. Cornyn, and Mr. Coons) introduced the following bill; which was
			 read twice and referred to the
			 Committee on the
			 Judiciary

			July 12, 2012
			Reported by Mr. Leahy,
			 with an amendment and an amendment to the title
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To provide funding for State courts to assess and improve
		  the handling of proceedings relating to adult guardianship and conservatorship,
		  to authorize the Attorney General to carry out a pilot program for the conduct
		  of background checks on individuals to be appointed as guardians or
		  conservators, and to promote the widespread adoption of information technology
		  to better monitor, report, and audit conservatorships of protected
		  persons.

		1.Short titleThis Act may be cited as the
			 Guardian Accountability and Senior
			 Protection Act.
		IState court
			 improvement
			101.Funding for
			 State courts to assess and improve handling of proceedings relating to adult
			 guardianship and conservatorshipPart A of title IV of the Older Americans
			 Act of 1964 (42 U.S.C. 3032 et seq.) is amended—
				(1)in section
			 411(a)—
					(A)in the matter
			 preceding paragraph (1), by inserting (including the highest court of
			 each State) after with States;
					(B)in paragraph (12),
			 by striking ; and and inserting a semicolon;
					(C)by redesignating
			 paragraph (13) as paragraph (14); and
					(D)by inserting after
			 paragraph (12) the following:

							(13)assessing the
				fairness, effectiveness, timeliness, and accessibility of adult guardianship
				and conservatorship proceedings, implementing changes deemed necessary as a
				result of the assessments, and collecting necessary data regarding those
				proceedings and the impact of the necessary changes;
				and
							;
				and
					(2)by inserting at
			 the end the following:

						423.Funding for
				State courts to assess and improve handling of proceedings relating to adult
				guardianship and conservatorship
							(a)In
				generalThe Assistant Secretary, in consultation with the
				Attorney General, shall make grants, in accordance with this section, to the
				highest court of a State for the purpose of enabling such a court, in
				collaboration with the State unit on aging—
								(1)to conduct
				assessments, in accordance with such requirements as the Secretary shall
				publish, of the role, responsibilities, and effectiveness of State courts in
				carrying out State laws requiring proceedings (conducted by or under the
				supervision of the courts)—
									(A)that determine
				whether to impose a full, limited, or temporary adult guardianship or
				conservatorship;
									(B)that select a
				guardian of a person or conservator of an estate;
									(C)that review the
				continued need for a full, limited, or temporary guardianship or
				conservatorship of an adult; and
									(D)that review the
				performance of a person appointed as guardian or conservator for an
				adult;
									(2)to implement
				changes deemed necessary as a result of the assessments; and
								(3)to collect data
				regarding those proceedings and the impact of the necessary changes.
								(b)ApplicationsIn
				order to be eligible for a grant under this section, a highest State court
				shall submit to the Assistant Secretary an application at such time, in such
				form, and including such information and assurances as the Assistant Secretary
				shall require.
							(c)AllotmentsEach
				highest State court which has an application approved under subsection (b), and
				is conducting assessment activities in accordance with this section, may
				receive a grant from the Assistant Secretary, for each of fiscal years 2012
				through 2015, from amounts appropriated to carry out section 411, in an amount
				to be determined appropriate by the Assistant Secretary.
							(d)Use of grant
				fundsEach highest State court which receives funds under this
				section may use such funds to pay—
								(1)any or all costs
				of activities under this section in fiscal year 2012; and
								(2)not more than 75
				percent of the cost of activities under this section in each of fiscal years
				2013, 2014, and
				2015.
								.
				IIBackground
			 checks
			201.DefinitionsIn this title:
				(1)Adverse
			 informationThe term adverse information
			 means—
					(A)information from a
			 criminal history background check that indicates that the individual has been
			 convicted of a relevant crime;
					(B)information that
			 the individual has been judicially determined to have committed abuse,
			 abandonment, neglect, or financial or sexual exploitation of a child, spouse,
			 or other adult; and
					(C)information from
			 an adult or child abuse registry that indicates that the individual is included
			 in an adult or child abuse registry.
					(2)ConservatorThe
			 term conservator means an individual who is appointed by a court
			 under applicable State law to manage the estate of a protected person. Such
			 definition shall not apply to—
					(A)a bank with trust
			 powers, bank and trust company, or trust company organized under the laws of
			 any State or of the United States and which is regulated by the commissioner of
			 commerce or a Federal regulator; or
					(B)a credit union,
			 savings and loan, or other financial institution.
					(3)GuardianThe
			 term guardian means an individual who is appointed by a court to
			 protect an incapacitated individual’s personal or financial welfare.
				(4)Protected
			 personThe term protected person means an adult whom
			 the court determines in a guardian or conservatorship proceeding is unable to
			 manage property and accounts.
				(5)Relevant
			 crimeThe term Relevant crime includes any felony or
			 misdemeanor conviction for abuse, neglect, fraud, misappropriation,
			 misrepresentation, theft, conversion, or other financial crime, or such other
			 types of offenses as a participating highest court of a State may specify for
			 purposes of conducting the pilot program in such State.
				202.Pilot program
			 for national and State background checks of guardians and conservators
				(a)Authority To
			 conduct programThe Attorney General, shall establish a pilot
			 program to identify efficient, effective, and economical procedures for State
			 courts to conduct background checks on prospective guardians and
			 conservators.
				(b)Requirements
					(1)Requirement to
			 conduct background checksUnder the pilot program under
			 subsection (a), a State court, prior to appointing a prospective guardian or
			 conservator on or after the commencement date of the State pilot program, shall
			 conduct a background check on the guardian or conservator in accordance with
			 such procedures as the participating State shall establish pursuant to
			 paragraph (2).
					(2)ProceduresThe
			 procedures established by a participating highest State court under paragraph
			 (1) shall be designed to—
						(A)provide a
			 prospective guardian or conservator with notice that the appointing court is
			 required to perform background checks with respect to prospective guardians or
			 conservators;
						(B)require, as a
			 condition of appointment, that the prospective guardian or conservator—
							(i)provide a
			 statement signed by the prospective guardian or conservator authorizing the
			 appointing court to request national and State criminal history background
			 checks;
							(ii)provide the
			 appointing court with a set of the prospective guardian's or conservator’s
			 fingerprints; and
							(iii)provide
			 information as to whether the individual has been suspended or disbarred from
			 law, accounting, or other professional licensing for misconduct involving
			 financial matters that affect the ability of the individual to provide the
			 services of a guardian or conservator safely and competently;
							(C)permit the courts
			 to check any available State and national registries that would be likely to
			 contain adverse information concerning a prospective guardian or conservator;
			 and
						(D)permit the courts
			 hearing guardian or conservatorship matters to obtain State and national
			 criminal history background checks on the prospective guardian or
			 conservator.
						(3)Consideration of
			 informationPrior to appointing an individual with respect to
			 whom adverse information is available as a guardian or conservator under a
			 program under this title, the appointing court shall consider the nature of the
			 information or offense involved, the date of any offense, and evidence of the
			 proposed guardian's or conservator’s rehabilitation and determine whether the
			 individual’s appointment is in the best interest of the protected
			 person.
					(4)Use of
			 information; immunity from liabilityA participating highest
			 State court shall ensure that information obtained about the prospective
			 guardian or conservator pursuant to a background check conducted under the
			 State supreme court pilot program is used only for the purpose of determining
			 the suitability of the prospective guardian or conservator for
			 appointment.
					(c)Participating
			 States
					(1)In
			 generalThe Attorney General shall enter into agreements with not
			 more than 5 States to conduct the pilot program under this section in such
			 States.
					(2)RequirementsAn
			 agreement entered into under paragraph (1) shall require that a participating
			 highest State court—
						(A)be responsible for
			 monitoring compliance with the requirements of the pilot program;
						(B)have procedures by
			 which a prospective guardian or conservator may appeal or dispute the accuracy
			 of the information obtained in a background check, including consideration of
			 the nature of the information or offense involved, the date of offense, and the
			 evidence of the prospective guardian's or conservator’s rehabilitation;
						(C)establish
			 procedures requiring the courts hearing guardian or conservatorship matters to
			 request criminal history background checks of prospective guardians or
			 conservators and review the results of any State or national criminal history
			 background check regarding a prospective guardian or conservator to determine
			 whether the prospective guardian or conservator has any conviction for a
			 relevant crime;
						(D)keep data on the
			 background checks performed to be readily accessible for the evaluation;
			 and
						(E)agree to obtain
			 from the State, non-Federal contributions, in cash or in-kind, toward the costs
			 of carrying out the pilot program in an amount equal to not less than $1 for
			 each $4 of Federal funds provided to the court under this section.
						(3)Application and
			 selection criteria
						(A)ApplicationThe
			 highest State court seeking to participate in the pilot program established
			 under this section, shall submit an application to the Attorney General
			 containing such information and at such time as the Attorney General may
			 specify.
						(B)Selection
			 criteria
							(i)In
			 generalIn selecting highest State court to participate in the
			 pilot program under this section, the Attorney General shall establish criteria
			 to ensure—
								(I)geographic
			 diversity;
								(II)the consideration
			 of a variety of payment mechanisms for covering the costs of conducting the
			 background checks required under the pilot program; and
								(III)that at least
			 one participating highest State court includes protected person abuse
			 prevention training for prospective guardians or conservators as part of the
			 pilot program conducted in that State.
								(ii)Inclusion of
			 States with existing programsNothing in this section shall be
			 construed as prohibiting any State which, as of the date of the enactment of
			 this Act, has procedures for conducting background checks with respect to the
			 appointment of guardians or conservators from being selected to participate in
			 the pilot program conducted under this section.
							(d)PaymentsOf
			 the amounts made available under subsection (f) to conduct the pilot program
			 under this section, the Attorney General shall—
					(1)make payments to
			 participating highest State courts for the costs of conducting the pilot
			 program in such States which may include the administration of the pilot
			 program, staffing, the cost of background checks, and other purposes as
			 determined by the Attorney General; and
					(2)reserve up to 4
			 percent of such amounts to conduct the evaluation required under subsection
			 (e).
					(e)EvaluationThe
			 Attorney General shall, through grant, contract, or interagency agreement,
			 conduct an evaluation of the pilot program conducted under this section. Such
			 evaluation should—
					(1)review the various
			 procedures implemented by participating highest State courts for the conduct of
			 background checks of prospective guardians or conservators and identify the
			 most efficient, effective, and economical procedures for conducting such
			 background checks;
					(2)assess the costs
			 of conducting such background checks (including start-up and administrative
			 costs);
					(3)consider the
			 benefits and disadvantages associated with requiring prospective guardians or
			 conservators to pay the costs of conducting such background checks;
					(4)determine the
			 extent to which conducting such background checks leads to any unintended
			 consequences, including a reduction in the available guardians or conservators
			 or delay and backlogs in processing appointments;
					(5)to the extent
			 feasible, seek to determine the efficacy of the pilot program in reducing abuse
			 of protected persons and their estate by guardians or conservators; and
					(6)include other
			 elements that would bear on the usefulness and effectiveness of the
			 program.
					(f)FundingThere
			 are authorized to be appropriated to the Attorney General to carry out the
			 pilot program under this section, such sums as may be necessary for the period
			 of fiscal years 2012 through 2015.
				IIIE-File
			301.DefinitionsIn this title:
				(1)AdultThe
			 term adult means an individual who is 18 years of age or
			 older.
				(2)ConservatorThe
			 term conservator means an individual who is appointed by a court
			 under applicable State law to manage the estate of a protected person.
				(3)ExploitationThe
			 term exploitation means the fraudulent or otherwise illegal,
			 unauthorized, or improper act or process of a conservator that uses the
			 resources of a protected person for the conservator's monetary or personal
			 benefit, profit, or gain, or that results in depriving a protected person of
			 rightful access to, or use of, benefits, resources, belongings, services or
			 assets.
				(4)GuardianThe
			 term guardian means an individual who is appointed by a court to
			 protect an incapacitated individual’s personal or financial welfare.
				(5)Highest State
			 courtThe term highest State court means the highest
			 appellate court within a State.
				(6)Protected
			 personThe term protected person means an adult whom
			 the court determines in a guardian or conservatorship proceeding is unable to
			 manage property and accounts.
				302.Conservator
			 monitoring grant program
				(a)Grants
					(1)In
			 generalThe State Justice Institute, pursuant to the authority
			 provided in the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.),
			 may award grants to eligible highest State courts to assist in improving
			 conservator monitoring efforts through electronic filing.
					(2)DurationGrants
			 awarded under paragraph (1) shall be for a period of not to exceed 3
			 years.
					(b)Use of
			 funds
					(1)In
			 generalAmounts received under a grant awarded under subsection
			 (a) shall be used to implement and evaluate the impact of systems enabling the
			 annual accountings and other required conservatorship filings to be completed,
			 filed, reviewed, and analyzed electronically in order to simplify the filing
			 process for conservators and better enable the courts to identify discrepancies
			 and detect fraud and exploitation of protected persons.
					(2)AllocationA
			 highest State court that receives a grant under this section shall prioritize
			 the use of the grant funds so as to assist the greatest number of conservators
			 and protect the greatest number of protected persons.
					(c)ApplicationA
			 highest State court desiring a grant under subsection (a)(1) shall submit an
			 application to the State Justice Institute at such time, in such manner, and
			 accompanied by such information as the State Justice Institute may
			 require.
				303.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the State Justice Institute to carry out the
			 activities under this title, such sums as may be necessary for the period of
			 fiscal years 2012 through 2015.

		1.Short titleThis Act may be cited as the
			 Guardian Accountability and Senior
			 Protection Act.
		2.Assessment and
			 improvement of rules and procedures relating to adult guardianships and
			 conservatorshipsSection 411
			 of the Older Americans Act of 1964 (42 U.S.C. 3032) is amended—
			(1)in subsection (a)—
				(A)in the matter preceding
			 paragraph (1), by inserting (including the highest court of each
			 State) after with States;
				(B)in paragraph (12), by
			 striking ; and and inserting a semicolon;
				(C)by redesignating
			 paragraph (13) as paragraph (14); and
				(D)by inserting after
			 paragraph (12) the following:

						(13)in accordance with
				subsection (c), assessing the fairness, effectiveness, timeliness, safety,
				integrity, and accessibility of adult guardianship and conservatorship
				proceedings, including the appointment and the monitoring of the performance of
				guardians and conservators, and implementing changes deemed necessary as a
				result of the assessments; and
						;
				and
				(2)by inserting at the end
			 the following:

					(c)Adult guardianships and
				conservatorships
						(1)Grants
							(A)In
				generalIn awarding grants or contracts under subsection (a)(13),
				the Assistant Secretary shall obtain feedback from the State Justice Institute
				in accordance with subparagraph (B) and may consult with the Attorney General,
				and such grants or contracts shall otherwise comply with this
				subsection.
							(B)State Justice
				InstituteThe Assistant Secretary shall submit to the State
				Justice Institute recommendations for the awarding of grants or contracts under
				subsection (a)(13). The Institute shall have 60 days in which to submit to the
				Assistant Secretary the response of the Institute to such recommendations. The
				Assistant Secretary shall consider such response prior to awarding such grants
				or contracts.
							(2)Grantees and
				activitiesGrants may be awarded under subsection (a)(13) to the
				highest court of each State for the purpose of enabling such court, in
				collaboration with the State unit on aging and State adult protective service
				agency—
							(A)to conduct assessments of
				the practices and procedures used to—
								(i)determine whether to
				impose a full, limited, or temporary adult guardianship or
				conservatorship;
								(ii)select a guardian of a
				person or conservator of an estate;
								(iii)review the continued
				need for a full, limited, or temporary guardianship or conservatorship of an
				adult; and
								(iv)review the performance
				of guardians or conservators;
								(B)to implement changes
				deemed necessary as a result of the assessments; and
							(C)to collect data regarding
				those practices and procedures and the impact of the necessary changes.
							(3)AllotmentsThe
				amount of a grant under subsection (a)(13) shall be determined by the Assistant
				Secretary, in consultation with the State Justice Institute and the Attorney
				General (if the Assistance Secretary determines appropriate).
						(4)Background
				checksThe Assistant
				Secretary shall set aside 25 percent of amounts made available for grants under
				this subsection in each fiscal year to enable courts to implement or improve
				systems to conduct background checks on prospective guardians and conservators.
				Such systems shall comply with the following requirements:
							(A)At minimum, the
				background checks shall include national and State criminal background checks,
				a search of child abuse and adult abuse registries, and a search as to whether
				the individual has been suspended or disbarred from law, accounting, or other
				professional licensing for misconduct.
							(B)The court shall consider
				all of the information obtained from the background check to determine whether
				such an individual is sufficiently trustworthy to be a guardian or conservator
				and that the appointment of such individual is in the best interest of the
				protected person.
							(C)The information obtained
				from the background check shall only be used for the purpose of determining the
				suitability of the prospective guardian or conservator for appointment.
							(5)Electronic
				filingFunds received
				pursuant to subsection (a)(13) may be used to implement systems enabling the
				annual accountings and other required conservatorship and guardianship filings
				to be completed, filed, and reviewed electronically in order to simplify the
				filing process for conservators and guardians, and better enable the courts to
				identify discrepancies and detect fraud and the exploitation of protected
				persons.
						(6)Evaluation and reportThe Assistant Secretary, in consultation
				with the Attorney General and the State Justice Institute, shall conduct an
				evaluation of the improvements made by courts to which this subsection applies,
				and prepare and submit a report concerning such evaluation to Congress within
				18 months of the date on which the first grant is awarded under subsection
				(a)(13), and a second report 18 months later, and shall use and distribute the
				reports and evaluations as the Assistant Secretary, in consultation with the
				Attorney General and the State Justice Institute, determines appropriate in
				order to improve guardianships and conservatorships
				nationwide.
						.
			Amend the title so as to read:
	 A bill to enable State courts to assess and improve the rules and
	 procedures relating to adult guardianships and
	 conservatorships..

		July 12, 2012
		Reported with an amendment and an amendment to the
		  title


115 S2644 RS: Special Counsel Independence and Integrity Act
U.S. Senate
2018-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 393115th CONGRESS2d SessionS. 2644IN THE SENATE OF THE UNITED STATESApril 11, 2018Mr. Graham (for himself, Mr. Coons, Mr. Tillis, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryApril 26, 2018Reported by Mr. Grassley, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo ensure independent investigations and judicial review of the removal of a special counsel, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Special Counsel Independence and Integrity Act.
		2.Limitation on removal of special counsel
 (a)In generalA special counsel appointed by the Attorney General, or any other official appointed by the Attorney General who exercises a similar degree of independence from the normal Department of Justice chain of command, may be removed from office only by the personal action of an Attorney General who has been confirmed by the Senate, or, if the Attorney General is recused from the matter, the most senior Department of Justice official who has been confirmed by the Senate and is not recused from the matter.
 (b)Removal for causeA special counsel or other appointed official described in subsection (a) may be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of policies of the Department of Justice.
			(c)Notice of removal
 (1)In generalThe Attorney General or other Department of Justice official described in subsection (a), as the case may be, shall provide written notice to the special counsel or other appointed official described in subsection (a) of the specific reason or reasons for the removal.
 (2)Effective date of removalExcept as provided in subsection (e), removal under this section shall become effective on the date that is 10 days after the date on which the written notice was provided under paragraph (1).
 (d)TimingNot later than 10 days after the date on which written notice was provided under subsection (c)(1), the special counsel or other appointed official described in subsection (a), as the case may be, may file an action challenging the removal in accordance with subsection (e).
			(e)Review
 (1)In generalAn individual that received written notice under subsection (c)(1) may file an action in accordance with paragraph (2) that the removal was in violation of this Act.
 (2)RequirementsAny action filed under this subsection shall be heard and determined by a court of 3 judges not later than 14 days after the date on which the action is filed in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.
 (3)ReliefIf a court determines that the removal of the individual who filed an action under this subsection violates this Act, the removal shall not take effect. The court may also provide other appropriate relief.
				(4)Status during proceedings
 (A)In generalAt the request of the individual who filed an action under this subsection, the court shall determine whether the individual shall remain in office during the pendency of the action described in paragraph (2).
 (B)Preservation of materialsDuring the pendency of an action filed under this subsection, the staff, documents, and materials of the special counsel or other appointed official described in subsection (a) shall be preserved.
 (C)LimitationDuring the pendency of an action filed under this subsection, a replacement for the special counsel or other appointed official described in subsection (a) who is challenging the removal shall not be designated.
 (f)Effective dateThis Act shall apply to any special counsel or other appointed official described in subsection (a) appointed on or after January 1, 2017.
 (g)SeverabilityIf any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall remain and shall not be affected thereby.

 1.Short titleThis Act may be cited as the Special Counsel Independence and Integrity Act.
		2.Department of Justice Special Counsel
 (a)In generalPart II of title 28, United States Code, is amended by inserting after chapter 40A the following:  40BSpecial CounselSec. 599K–1. Grounds for appointing a Special Counsel.599K–2. Alternatives available to the Attorney General.599K–3. Qualifications of the Special Counsel.599K–4. Jurisdiction.599K–5. Staff.599K–6. Powers and authority.599K–7. Conduct and accountability generally.599K–8. Limitation on removal of Special Counsel and certain other officials.599K–9. Notification and reports by the Special Counsel.599K–10. Notification and reports by the Attorney General.599K–11. No creation of rights. 599K–1.Grounds for appointing a Special Counsel (a)In generalThe Attorney General shall appoint a Special Counsel if the Attorney General determines that—
 (1)criminal investigation of a person or matter is warranted; (2)investigation or prosecution of the person or matter described in paragraph (1) by the office of a United States attorney or litigating Division of the Department of Justice (in this chapter referred to as the Department) would present a conflict of interest for the Department or other extraordinary circumstances; and
 (3)under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
 (b)RecusalThe Attorney General who has been confirmed to that position by the Senate or, in the case of the vacancy, absence, disability, or recusal of the Attorney General, the most senior Senate-confirmed officer of the Department listed in section 508 who is not recused from the matter shall exercise the authority under this chapter.
							599K–2.Alternatives available to the Attorney General
 (a)In generalWhen matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may—
 (1)appoint a Special Counsel in accordance with this chapter; (2)direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General determines appropriate, be conducted in order to better inform the decision; or
 (3)conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter.
 (b)Additional directionIf the Attorney General reaches a conclusion described in subsection (a)(3), the Attorney General may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.
							599K–3.Qualifications of the Special Counsel
 (a)In generalAn individual named as Special Counsel under this chapter shall be— (1)a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously, and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department policies; and
 (2)selected from outside the United States Government. (b)Priority of investigationAn individual named as Special Counsel under this chapter shall agree that the responsibilities of the individual as Special Counsel shall take first precedence in the professional life of the individual, and that it may be necessary to work full time on the investigation, depending on the complexity of the investigation and the stage of the investigation.
							(c)Appointment method
 (1)In generalThe Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues.
 (2)Confidential employeeA Special Counsel shall be appointed as a confidential employee, as described in section 7511(b)(2)(C) of title 5.
								599K–4.Jurisdiction
							(a)Original jurisdiction
 (1)In generalThe jurisdiction of a Special Counsel appointed under this chapter shall be established by the Attorney General, and shall include the authority to investigate and prosecute Federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses, and to conduct appeals arising out of the matter being investigated or prosecuted.
 (2)Statement of the matter to be investigatedThe Special Counsel shall be provided with a specific factual statement of the matter to be investigated.
 (b)Additional jurisdictionIf in the course of the investigation by a Special Counsel appointed under this chapter, the Special Counsel concludes that additional jurisdiction beyond that specified in the original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of the investigation, the Special Counsel shall consult with the Attorney General, who shall determine whether to include the additional matters within the jurisdiction of the Special Counsel or assign them elsewhere.
							(c)Civil and administrative jurisdiction
 (1)In generalIf in the course of an investigation by a Special Counsel appointed under this chapter, the Special Counsel determines that administrative remedies, civil sanctions, or other governmental action outside the criminal justice system might be appropriate, the Special Counsel shall consult with the Attorney General with respect to the appropriate component to take any necessary action.
 (2)LimitationA Special Counsel appointed under this chapter shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.
								599K–5.Staff
 (a)In generalA Special Counsel appointed under this chapter may request the assignment of appropriate personnel of the Department to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific personnel, and the office for which the designated personnel work shall make reasonable efforts to accommodate the request.
 (b)Assignment of dutiesA Special Counsel appointed under this chapter shall assign the duties and supervise the work of personnel while they are assigned to the Special Counsel.
 (c)Hiring of additional personnelIf necessary, a Special Counsel appointed under this chapter may request that additional personnel be hired or assigned from outside the Department.
 (d)CooperationAll personnel in the Department shall cooperate to the fullest extent possible with a Special Counsel appointed under this chapter.
							599K–6.Powers and authority
 (a)In generalSubject to the limitations of this chapter, a Special Counsel appointed under this chapter shall exercise, within the scope of the jurisdiction of the Special Counsel, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States attorney.
 (b)Special Counsel discretionExcept as otherwise provided in this chapter, a Special Counsel appointed under this chapter shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of the duties and responsibilities of the Special Counsel.
							599K–7.Conduct and accountability generally
 (a)In generalA Special Counsel appointed under this chapter shall— (1)comply with the rules, regulations, procedures, practices, and policies of the Department; and
 (2)consult with appropriate offices within the Department for guidance with respect to established practices, policies, and procedures of the Department, including ethics and security regulations and procedures.
 (b)Extraordinary circumstancesIf a Special Counsel appointed under this chapter determines that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated departmental component inappropriate, the Special Counsel may consult directly with the Attorney General.
							(c)Limitation on supervision
 (1)In generalA Special Counsel appointed under this chapter shall not be subject to the day-to-day supervision of any official of the Department, except that the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established practices of the Department that it should not be pursued.
 (2)ReviewIn conducting a review described in paragraph (1), the Attorney General shall give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress in accordance with section 599K–10(a)(3).
 (d)Disciplinary action for misconductA Special Counsel appointed under this chapter, and any staff of the Special Counsel, shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General.
							599K–8.Limitation on removal of Special Counsel and certain other officials
 (a)In generalA Special Counsel appointed under this chapter, or any other official appointed by the Attorney General who exercises a similar degree of independence from the normal chain of command of the Department, may be removed from office only by the personal action of an Attorney General who has been confirmed to that position by the Senate, or the most senior Senate-confirmed officer of the Department listed in section 508 who is not recused from the matter.
 (b)Removal for causeA Special Counsel or other appointed official described in subsection (a) may be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of policies of the Department.
							(c)Notice of removal
 (1)In generalThe Attorney General or other Department official described in subsection (a), as the case may be, shall provide written notice to the Special Counsel or other appointed official described in subsection (a) of the specific reason or reasons for the removal.
 (2)Effective date of removalExcept as provided in subsection (e), removal under this section shall become effective on the date that is 10 days after the date on which the written notice was provided under paragraph (1).
 (d)TimingNot later than 10 days after the date on which written notice was provided under subsection (c)(1), the Special Counsel or other appointed official described in subsection (a), as the case may be, may file an action in the United States District Court for the District of Columbia challenging the removal in accordance with subsection (e).
							(e)Review
 (1)In generalAn individual that received written notice under subsection (c)(1) may file an action in accordance with paragraph (2) that the removal was in violation of this chapter.
 (2)RequirementsAny action filed under this subsection shall be heard and determined by a court of 3 judges not later than 14 days after the date on which the action is filed in accordance with the provisions of section 2284, and an appeal of any final decision shall lie to the Supreme Court.
 (3)ReliefIf a court determines that the removal of the individual who filed an action under this subsection violates this chapter, the removal shall not take effect. The court may also provide other appropriate relief.
								(4)Status during proceedings
 (A)In generalAt the request of the individual who filed an action under this subsection, the court shall determine whether the individual shall remain in office during the pendency of the action described in paragraph (2). If an individual makes such a request, the court shall order that the effective date of the removal shall be stayed until the court rules on the request.
 (B)Preservation of materialsDuring the pendency of an action filed under this subsection, the personnel, documents, and materials of the Special Counsel or other appointed official described in subsection (a) shall be preserved.
 (C)LimitationDuring the pendency of an action filed under this subsection, a replacement for the Special Counsel or other appointed official described in subsection (a) who is challenging the removal shall not be designated.
									599K–9.Notification and reports by the Special Counsel
							(a)Budget
 (1)In generalA Special Counsel appointed under this chapter shall be provided all appropriate resources by the Department.
 (2)Proposed budgetNot later than 60 days after the date on which a Special Counsel is appointed under this chapter, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for review and approval by the Attorney General.
 (3)Establishment of budgetBased on a proposal developed under paragraph (2), the Attorney General shall establish a budget for the operations of the Special Counsel, which shall include a request for assignment of personnel, with a description of the qualifications needed.
 (4)Additional budget requestsAfter a budget has been established under paragraph (3), the Special Counsel shall, not later than 90 days before the beginning of each fiscal year, report to the Attorney General the status of the investigation, and provide a budget request for the following fiscal year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next fiscal year.
 (b)Notification of significant eventsA Special Counsel appointed under this chapter shall notify the Attorney General of events in the course of the investigation by the Special Counsel in conformity with the guidelines of the Department with respect to Urgent Reports.
							(c)Closing documentation
 (1)In generalAt the conclusion of the work of a Special Counsel appointed under this chapter, the Special Counsel shall submit to the Attorney General, the Chairman and Ranking Minority Member of the Committee on the Judiciary of the Senate, and the Chairman and Ranking Minority Member of the Committee on the Judiciary of the House of Representatives a report detailing the factual findings of the investigation and explaining the prosecution or declination decisions reached by the Special Counsel. If the Attorney General granted or denied a request from the Special Counsel to change the Special Counsel’s jurisdiction under section 599K–4(b), that information shall be included.
 (2)Information requiredThe report submitted under paragraph (1) shall include information regarding significant prosecutorial decisions and significant expenditures by the Office of the Special Counsel.
								599K–10.Notification and reports by the Attorney General
 (a)In generalIf the Attorney General appoints a Special Counsel under this chapter, the Attorney General shall submit to the Chairman and Ranking Minority Member of the Committee on the Judiciary of the Senate and the Chairman and Ranking Minority Member of the Committee on the Judiciary of the House of Representatives a written notification, with a report explaining—
 (1)the appointment of the Special Counsel; (2)the intent of the Attorney General to remove the Special Counsel; and
 (3)after the conclusion of the investigation of the Special Counsel, to the extent consistent with applicable law, any instance in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.
 (b)Notice of appointmentA notification and report under subsection (a)(1) shall— (1)be submitted on the date on which the Special Counsel is appointed; and
 (2)include— (A)the factual basis necessitating the appointment of the Special Counsel, including a description of any effort made before appointing the Special Counsel to mitigate potential conflicts of interests of relevant individuals or within relevant components; and
 (B)a specific factual statement of the matter to be investigated. (c)Notice of removalA notification and report under subsection (a)(2) shall—
 (1)be submitted not later than 30 days before the date on which notice is provided to the Special Counsel under section 599K–8(c)(1); and
 (2)include the reasons for the removal. 599K–11.No creation of rightsExcept as provided in section 599K–8, this chapter shall not be construed to create any rights, substantive or procedural, enforceable at law or equity, by any person or entity, in any matter, civil, criminal, or administrative..
 (b)Table of chaptersThe table of chapters for part II of title 28, United States Code, is amended by inserting after the item relating to chapter 40A the following:
				40B.Special Counsel599K–1.
			(c)Application to existing Special Counsel
 (1)In generalFor purposes of applying chapter 40B of title 28, United States Code, as added by this Act, to a Special Counsel who is subject to any provision of part 600 of title 28, Code of Federal Regulations, and who is serving as a Special Counsel on the date of enactment of this Act—
 (A)in addition to the authority under which the Special Counsel was originally appointed, the Special Counsel shall be deemed to be a Special Counsel appointed under such chapter 40B; and
 (B)such chapter 40B shall apply for purposes of any action described in such chapter 40B by or with respect to the Special Counsel taken on after the date of enactment of this Act (including removing the Special Counsel from office).
					(2)Removal before enactment
 (A)In generalSection 599K–8 of title 28, United States Code, as added by this Act, shall apply with respect to an individual who was—
 (i)appointed as a Special Counsel after January 1, 2017; (ii)subject to any provision of part 600 of title 28, Code of Federal Regulations; and
 (iii)removed from office before the date of enactment of this Act.
 (B)ImplementationIf there is a Special Counsel who is described in subparagraph (A)— (i)not later than 10 days after the date of enactment of this Act, the Attorney General shall provide written notice relating to the removal—
 (I)to the Special Counsel, that provides the information required under section 599K–8(c)(1) of title 28, United States Code, as added by this Act; and
 (II)to the Chairman and Ranking Minority Member of the Committee on the Judiciary of the Senate and the Chairman and Ranking Minority Member of the Committee on the Judiciary of the House of Representatives, that provides the information required under section 599K–10(c)(2) of such title;
 (ii)not later than 10 days after the date on which written notice is provided under clause (i)(I), the Special Counsel may file an action challenging the removal in accordance with section 599K–8(e) of such title;
 (iii)in an action filed under clause (ii), the court shall determine whether the removal of the Special Counsel meets the requirements for removal under subsections (a), (b), and (c)(1) of section 599K–8 of such title; and
 (iv)if a court determines that the removal of the individual who filed an action under clause (ii) violates a requirement described in clause (iii), the court may order reinstatement or provide other appropriate relief.
 (d)SeverabilityIf any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, and the amendments made by this Act, and the application of such provisions and amendments to any person or circumstance shall remain and shall not be affected thereby.April 26, 2018Reported with an amendment


113 HRES 393 EH: Electing a Member to a certain standing committee of the House of Representatives.
U.S. House of Representatives
2013-10-29
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.

IV
113th CONGRESS
1st Session
H. RES. 393
In the House of Representatives, U. S.,

October 29, 2013

RESOLUTION
Electing a Member to a certain standing committee of the House of Representatives.

That the following named Member be, and is hereby, elected to the following standing committee of the House of Representatives:

Committee on Education and the Workforce:Mr. Pocan.

Karen L. Haas,Clerk.