114 S274 IS: To prohibit the Department of the Treasury from assigning tax statuses to organizations based on their political beliefs and activities.
U.S. Senate
2015-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 274IN THE SENATE OF THE UNITED STATESJanuary 28, 2015Mr. Cruz (for himself, Mr. Grassley, Mr. Inhofe, and Mr. Vitter) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo prohibit the Department of the Treasury from assigning tax statuses to organizations based on
 their political beliefs and activities.1.Prohibiting tax status from being assigned based on political beliefs and activities(a)FindingsCongress finds the following:(1)The income tax system of the United States relies on voluntary compliance by taxpayers.(2)The filing of tax returns and other tax-related documents with the Internal Revenue Service often requires the submission of information to the Federal government that taxpayers would otherwise consider private.(3)To ensure widespread voluntary compliance by taxpayers, the American public must have absolute trust that the Internal Revenue Service is acting in a non-partisan manner.(4)Taxpayers must be ensured that their treatment by the Internal Revenue Service will not be based on race, national origin, gender, sexual orientation, religious beliefs, or political creed, including their support for or opposition to any government policies.(5)The confidence of taxpayers in the system of taxation in the United States is compromised when the Internal Revenue Service is required to assign tax treatment based on political beliefs or activities.(6)The targeting of certain individuals and groups by the Internal Revenue Services based on their political beliefs and activities must be stopped, and to ensure the integrity of the income tax system of the United States, the Internal Revenue Service should be removed from evaluating the political activities of any individuals or organizations.(b)Political organizationsParagraph (1) of section 527(e) of the Internal Revenue Code of 1986 is amended to read as follows:(1)Political organizationThe term political organization means a party, committee, association, fund, or other organization (whether or not incorporated)—(A)which is registered as a political committee with the Federal Election Commission,(B)has been determined, pursuant to proceedings under section 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) or by a court of law, to be a political committee, as defined under section 301(4) of such Act (52 U.S.C. 30101(4)), or(C)which is organized and operated primarily for the purposes of directly or indirectly accepting contributions or making expenditures, or both, for influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office and—(i)is not required to register with the Federal Election Commission, and(ii)is required to register with the appropriate State agency as a political committee..(c)Tax-Exempt organizationsSection 501 of such Code is amended by inserting after subsection (r) the following new subsection:(s)Promotion of social welfare(1)In generalFor purposes of paragraph (4)(A) of subsection (c), the term promotion of social welfare shall include—(A)any political activity in furtherance of American democracy, provided that such activities do not exceed 50 percent of the organization's total activities (not including activities performed on a volunteer basis),(B)any activities for the purpose of educating individuals on issues of public importance and on the behavior of public officials, including participation in ballot initiatives and referenda, and(C)any activity described in clauses (i), (ii), (iii), and (v) of section 301(9)(B) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(9)(B)).(2)Political activity in furtherance of American democracyFor purposes of this subsection, the term political activity in furtherance of American democracy shall include any activity described in subparagraph (A) of section 301(9) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(9)).(3)Rule of constructionNothing in this subsection shall be construed to exempt an organization from satisfying any applicable requirements for filing as a political committee pursuant to the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)..


		IV
		111th CONGRESS
		1st Session
		H. RES. 826
		IN THE HOUSE OF REPRESENTATIVES

			October 13, 2009
			Mr. Pallone (for
			 himself and Mr. McDermott) submitted
			 the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that a postage stamp should be issued in commemoration of
		  Diwali, a festival celebrated by people of Indian origin.

		That it is the sense of the House of
			 Representatives that—
			(1)a
			 postage stamp should be issued by the United States Postal Service in
			 commemoration of Diwali, a festival celebrated by people of Indian origin;
			 and
			(2)the Citizens’
			 Stamp Advisory Committee should recommend to the Postmaster General that such a
			 stamp be issued.


115 S3662 IS: Stopping Russian Nuclear Aggression Act
U.S. Senate
2018-11-28
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.

II115th CONGRESS2d SessionS. 3662IN THE SENATE OF THE UNITED STATESNovember 28, 2018Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo limit the availability of funds to extend the implementation of the New START Treaty, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Stopping Russian Nuclear Aggression Act. 2.Limitation on availability of funds to extend the implementation of the New START Treaty (a)FindingsCongress makes the following findings:
 (1)The New START Treaty provides that [w]hen a Party believes that a new kind of strategic offensive arm is emerging, that Party shall have the right to raise the question of such a strategic offensive arm for consideration in the Bilateral Consultative Commission.
 (2)Russian Federation President Vladimir Putin stated in a March 1, 2018, public speech that— (A)I will speak about the newest systems of Russian strategic weapons that we are creating … we have embarked on the development of the next generation of missiles.;
 (B)We started to develop new types of strategic arms that do not use ballistic trajectories at all when moving toward a target.;
 (C)One of them is a small-scale heavy-duty nuclear energy unit that can be installed in a missile like our latest X–101 air-launched missile … . In late 2017, Russia successfully launched its latest nuclear-powered missile at the central training ground. During its flight, the nuclear-powered engine reached its design capacity and provided the necessary propulsion.;
 (D)[i]n December 2017, an innovative nuclear power unit for this unmanned underwater vehicle completed a test cycle that lasted many years … [t]he tests that were conducted enabled us to begin developing a new type of strategic weapon that would carry massive nuclear ordnance;
 (E)[b]y the way, we have yet to choose names for these two new strategic weapons, the global range cruise missile and the unmanned underwater vehicle. We are waiting for suggestions from the Defense Ministry;
 (F)A real technological breakthrough is the development of a strategic missile system with fundamentally new combat equipment—a gliding wing unit, which has also been successfully tested … [w]e called it the Avangard; and
 (G)I want to specifically emphasize that the newly developed strategic arms—in fact, new types of strategic weapons—are not the result of something left over from the Soviet Union. Of course, we relied on some ideas from our ingenious predecessors. But everything I have described today is the result of the last several years, the product of dozens of research organizations, design bureaus and institute..
 (3)During the House Armed Services Committee hearing on April 12, 2018, Secretary of Defense James Mattis was asked whether Russia should honor the terms of the treaty and limit its new strategic offensive arms under the New START Treaty as it requires and he stated, Sir, I believe they should..
 (4)At a Senate Foreign Relations Committee Hearing on September 18, 2018, Under Secretary of State for Arms Control and International Security Andrea Thompson stated, The value of any arms control agreement is derived from our treaty partners maintaining compliance with their obligations and avoiding actions that result in mistrust and the potential for miscalculation. Russia continues to violate a series of arms control obligations that undermine the trust the United States can place in treaties..
 (5)At a Senate Foreign Relations Committee Hearing on September 18, 2018, Deputy Undersecretary of Defense for Policy David Trachtenberg stated that—
 (A)The bottom line is that arms control with Russia is troubled because the Russian Federation apparently believes it need only abide by the agreements that suit it. As a result, the credibility of all international agreements with Russia is at risk; and
 (B)Any decision on extending the treaty will, and should be, based on a realistic assessment of whether the New START treaty remains in our national security interests in light of overall Russian arms control behavior.
 (b)LimitationNotwithstanding any other provision of law, no funds authorized to be appropriated or otherwise made available for fiscal year 2019 or any subsequent fiscal year may be obligated or expended to extend the implementation of the New START Treaty beyond the current expiration date in 2021 unless the President certifies to the appropriate congressional committees that—
 (1)extending the New START Treaty is in the national security interest of the United States; and (2)the Russian Federation has—
 (A)agreed to include all covered Russian systems under the limits set by the New START Treaty; and (B)in accordance with paragraph (a)(12) of the resolution advising and consenting to the ratification of the New START Treaty, adopted in the Senate on December 22, 2010 (Treaty Document 111–5), entered into an agreement with the United States to address the disparity between the nonstrategic (tactical) nuclear weapons stockpiles of the Russian Federation and of the United States by securing and reducing in a verifiable manner Russian tactical nuclear weapons.
 (c)DefinitionsIn this section: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B)the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
 (2)New START TreatyThe term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague, April 8, 2010, and entered into force February 5, 2011.
 (3)Covered Russian systemsThe term covered Russian systems means the following systems: (A)The heavy intercontinental missile system known as Sarmat, or otherwise identified.
 (B)An air-launched nuclear-powered cruise missile known as X–101, or otherwise identified. (C)An unmanned underwater vehicle known as Status 6, or otherwise identified.
 (D)The long-distance guided flight hypersonic weapons system known by Avangard, or otherwise identified.


116 HR 4977 IH: Higher Education Funds Integrity Act
U.S. House of Representatives
2019-11-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4977IN THE HOUSE OF REPRESENTATIVESNovember 1, 2019Mr. Phillips introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to prohibit the use of Federal funds to be used to pay an
			 individual for influencing or attempting to influence an officer of
			 employer of any agency, Member of Congress, an officer or employee of
			 Congress, or an employee of a Member of Congress, and for other purposes.

 1.Short titleThis Act may be cited as the Higher Education Funds Integrity Act. 2.Certification regarding the use of certain Federal funds (a)In generalPart B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

					129.Certification regarding the use of certain Federal funds
 (a)ProhibitionNo Federal funds received under this Act by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).
 (b)ApplicabilityThe prohibition in subsection (a) applies with respect to the following Federal actions: (1)The awarding of any Federal contract.
 (2)The making of any Federal grant. (3)The making of any Federal loan.
 (4)The entering into of any Federal cooperative agreement. (5)The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 (c)Lobbying and earmarksNo Federal student aid funding under this Act may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.
 (d)CertificationEach institution of higher education or other postsecondary educational institution receiving Federal funding under this Act, as a condition for receiving such funding, shall annually certify to the Secretary that the requirements of subsections (a) through (c) have been met.
 (e)Actions To implement and enforceThe Secretary shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced..
 (b)Conforming amendmentSection 119 of the Higher Education Opportunity Act (20 U.S.C. 1011m) is repealed.


110 HRES 42 EH: Recognizing Ann Richards’ extraordinary contributions to Texas and American public life.
U.S. House of Representatives
2007-02-27
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.

IV
110th CONGRESS
1st Session
H. RES. 42
In the House of Representatives, U. S.,

February 27, 2007

RESOLUTION
Recognizing Ann Richards’ extraordinary contributions to Texas and American public life.

Whereas Dorothy Ann Willis Richards, the First Lady of Texas politics, an American icon and patriot, who touched the lives of Texans and Americans across the Nation, passed away September 13, 2006, after a valiant fight with esophageal cancer;
Whereas her political philosophy was one of government openness and she was a forceful champion for economic and social justice for all Americans, opening Texas government to all Texans, including African Americans, Hispanics, women, and the disadvantaged;
Whereas, before her service ended, of her nearly 3,000 appointments, 46 percent were female, 15 percent were black, 20 percent were Hispanic and 2 percent were Asian American;
Whereas her service to Texas and the Nation included teaching Texas schoolchildren, serving as County Commissioner in Travis County, serving 2 terms as Texas State Treasurer, and finally serving as the Governor of Texas;
Whereas Richards raised 4 incredible children, and 8 almost perfect grandchildren and touched the lives of countless friends throughout her life;
Whereas Governor Richards revitalized the Texas economy, yielding 2 percent growth when the United States economy was shrinking; she streamlined Texas’s government and regulatory institutions for business and the public; she revitalized and positioned Texas’s corporate infrastructure for the explosive economic growth it experienced later in the decade, and she saved Texas taxpayers more than $6 billion;
Whereas Richards reformed the Texas prison system by establishing a substance abuse program for inmates, reducing the number of violent offenders released, and increasing prison space to deal with a growing prison population;
Whereas Richards instituted the Texas lottery to supplement school finances and she sought to decentralize control over education policy to districts and individual campuses, instituting site-based management;
Whereas Richards inspired an entire generation of young women, admonishing them with the words well-behaved women rarely make history;
Whereas, in 1989, with co-author Peter Knobler, she wrote her autobiography Straight from the Heart, inspiring Texans with her personal story and folksy humor;
Whereas, in 2004, she authored I’m Not Slowing Down, Winning My Battle with Osteoporosis and became an international spokesperson for women battling the disease;
Whereas, after her diagnosis with esophageal cancer, Richards inspired all of us with her determination to win against all the odds, and her fearless battle until the very last day in her beloved Austin, Texas;
Whereas her sense of humor, delivery, and understanding of Texas’s old boy politics was legendary, charming, and disarming; and
Whereas Governor Dorothy Ann Willis Richards was an American original, an irreplaceable public servant, a patriot who loved the Nation and its expansive land, ideas, and the Constitution: Now, therefore, be it

That the House of Representatives recognizes and commends Ann Richards’ extraordinary contributions to Texas and American public life.

Lorraine C. Miller,Clerk.


114 HR 734 : Federal Communications Commission Consolidated Reporting Act of 2015
U.S. House of Representatives
2015-02-25
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.

		IIB
		114th CONGRESS
		1st Session
		H. R. 734
		IN THE SENATE OF THE UNITED STATES
		February 25, 2015Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACT
		To amend the Communications Act of 1934 to consolidate the reporting obligations of the Federal
			 Communications Commission in order to improve congressional oversight and
			 reduce reporting burdens.

 1.Short titleThis Act may be cited as the Federal Communications Commission Consolidated Reporting Act of 2015. 2.Communications marketplace reportTitle I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following:

				13.Communications marketplace report
 (a)In generalIn the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace.
 (b)ContentsEach report required by subsection (a) shall— (1)assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332), multichannel video programming distributors (as defined in section 602), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services;
 (2)assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless of the technology used for such deployment, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion;
 (3)assess whether laws, regulations, or regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), or foreign governments) pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services;
 (4)describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and
 (5)describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section.
 (c)ExtensionIf the President designates a Commissioner as Chairman of the Commission during the last quarter of an even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as an addendum during the first quarter of the following odd-numbered year.
					(d)Special requirements
 (1)Assessing competitionIn assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet.
 (2)Assessing deploymentIn assessing the state of deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability.
 (3)International comparisons and demographic informationThe Commission may use readily available data to draw appropriate comparisons between the United States communications marketplace and the international communications marketplace and to correlate its assessments with demographic information.
 (4)Considering small businessesIn assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b).
 (5)Considering cable ratesIn assessing the state of competition under subsection (b)(1), the Commission shall include in each report required by subsection (a) the aggregate average total amount paid by cable systems in compensation under section 325 during the period covered by such report..
		3.Consolidation of redundant reports; conforming amendments
 (a)ORBIT Act ReportSection 646 of the Communications Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed. (b)Satellite Competition ReportSection 4 of Public Law 109–34 (47 U.S.C. 703) is repealed.
 (c)International Broadband Data ReportSection 103 of the Broadband Data Improvement Act (47 U.S.C. 1303) is amended— (1)by striking subsection (b); and
 (2)by redesignating subsections (c) through (e) as subsections (b) through (d), respectively. (d)Status of Competition in the Market for the Delivery of Video Programming ReportSection 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended—
 (1)by striking subsection (g); (2)by redesignating subsection (j) as subsection (g); and
 (3)by transferring subsection (g) (as redesignated) so that it appears after subsection (f). (e)Report on Cable Industry Prices (1)In generalSection 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended—
 (A)by striking subsection (k); and (B)by redesignating subsections (l) through (o) as subsections (k) through (n), respectively.
 (2)Conforming amendmentSection 613(a)(3) of the Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by striking 623(l) and inserting 623(k). (f)Triennial Report Identifying and Eliminating Market Entry Barriers for Entrepreneurs and Other Small BusinessesSection 257 of the Communications Act of 1934 (47 U.S.C. 257) is amended by striking subsection (c).
 (g)Section 706 ReportSection 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended— (1)by amending subsection (b) to read as follows:

 (b)DeterminationIf the Commission determines in its report under section 13 of the Communications Act of 1934, after considering the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms), that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion, the Commission shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.;
 (2)by striking subsection (c); (3)in subsection (d), by striking this subsection and inserting this section; and
 (4)by redesignating subsection (d) as subsection (c). (h)State of Competitive Market Conditions with respect to Commercial Mobile Radio ServicesSection 332(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the first and second sentences.
			(i)Previously eliminated annual report
 (1)In generalSection 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended— (A)by striking subsection (k); and
 (B)by redesignating subsections (l) through (o) as subsections (k) through (n), respectively. (2)Conforming amendmentsThe Communications Act of 1934 is amended—
 (A)in section 9(i), by striking In the Commission’s annual report, the Commission shall prepare an analysis of its progress in developing such systems and and inserting The Commission; and
 (B)in section 309(j)(8)(B), by striking the last sentence. (j)Additional outdated reportsThe Communications Act of 1934 is further amended—
 (1)in section 4— (A)in subsection (b)(2)(B)(ii), by striking and shall furnish notice of such action and all that follows through subject of the waiver; and
 (B)in subsection (g), by striking paragraph (2); (2)in section 215—
 (A)by striking subsection (b); and (B)by redesignating subsection (c) as subsection (b);
 (3)in section 227(e), by striking paragraph (4); (4)in section 309(j)—
 (A)by striking paragraph (12); and (B)in paragraph (15)(C), by striking clause (iv);
 (5)in section 331(b), by striking the last sentence; (6)in section 336(e), by amending paragraph (4) to read as follows:

 (4)ReportThe Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.;
 (7)in section 339(c), by striking paragraph (1); (8)in section 396—
 (A)by striking subsection (i); (B)in subsection (k)—
 (i)in paragraph (1), by striking subparagraph (F); and (ii)in paragraph (3)(B)(iii), by striking subclause (V);
 (C)in subsection (l)(1)(B), by striking shall be included and all that follows through The audit report; and (D)by striking subsection (m);
 (9)in section 398(b)(4), by striking the third sentence; (10)in section 624A(b)(1)—
 (A)by striking Report; regulations and inserting Regulations; (B)by striking Within 1 year after and all that follows through on means of assuring and inserting The Commission shall issue such regulations as are necessary to assure; and
 (C)by striking Within 180 days after and all that follows through to assure such compatibility.; and (11)in section 713, by striking subsection (a).
 4.Effect on authorityNothing in this Act or the amendments made by this Act shall be construed to expand or contract the authority of the Federal Communications Commission.
 5.Other reportsNothing in this Act or the amendments made by this Act shall be construed to prohibit or otherwise prevent the Federal Communications Commission from producing any additional reports otherwise within the authority of the Commission.

	Passed the House of Representatives February 24, 2015.Karen L. Haas,Clerk


114 HR 5721 IH: Local Coverage Determination Clarification Act of 2016
U.S. House of Representatives
2016-07-11
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.

I114th CONGRESS2d SessionH. R. 5721IN THE HOUSE OF REPRESENTATIVESJuly 11, 2016Ms. Jenkins of Kansas (for herself and Mr. Kind) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act in order to improve the process whereby medicare
			 administrative contractors issue local coverage determinations under the
			 Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Local Coverage Determination Clarification Act of 2016. 2.Improvements in the Medicare local coverage determination (LCD) process for specified LCDs (a)LCD development processSection 1862(l)(5) of the Social Security Act (42 U.S.C. 1395y(l)(5)) is amended by adding at the end the following subparagraph:

					(D)Process for issuing specified local coverage determinations
 (i)In generalIn the case of a specified local coverage determination (as defined in clause (iv)) within an area by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A, such intermediary or carrier must take the following actions with respect to such determination before such determination may take effect:
 (I)Publish on the public Internet website of the intermediary or carrier a proposed version of the specified local coverage determination (in this section referred to as a draft determination), a written rationale for the draft determination, and a description of all evidence relied upon and considered by the intermediary or carrier in the development of the draft determination.
 (II)Not later than 60 days after the date on which the intermediary or carrier publishes the draft determination in accordance with subclause (I), convene one or more open, public meetings to review the draft determination, receive comments with respect to the draft determination, and secure the advice of an expert panel (such as a carrier advisory committee described in chapter 13 of the Medicare Program Integrity Manual in effect on August 31, 2015) with respect to the draft determination. The intermediary or carrier shall make available means for the public to attend such meetings remotely, such as via teleconference.
 (III)With respect to each meeting convened pursuant to subclause (II), post on the public Internet website of the intermediary or carrier, not later than 14 days after such meeting is convened, a record of the meeting minutes for such meeting.
 (IV)Provide a period for submission of written public comment on such draft determination that begins on the date on which all records required to be posted with respect to such draft determination under subclause (III) are so posted and that is not fewer than 30 days in duration.
 (ii)Finalizing a specified local coverage determinationA fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A shall, with respect to a specified local coverage determination, post on the public Internet website of the fiscal intermediary or carrier the following information before the specified local coverage determination (in this section referred to as the final determination) takes effect—
 (I)a response the issues raised at meetings convened pursuant to clause (i)(II) with respect to the draft determination;
 (II)the rationale for the final determination; (III)in the case that the intermediary or carrier considered qualifying evidence in the development of the determination that was not described in the written notice provided pursuant to clause (i)(I), a description of such qualifying evidence; and
 (IV)an effective date for the final determination that is not less than 30 days after the date on which such determination is so posted.
 (iii)Limitation on determinations across jurisdictionsNotwithstanding any plan under section 1862(l)(5)(A), in the case of a contract with a fiscal intermediary or carrier under section 1874A, such intermediary or carrier may not finalize a specified local coverage determination pursuant to clause (ii) with respect to a geographic area that applies, or has the effect of applying, outside such area. In the case that such an intermediary or carrier wishes to adopt, with respect to a specific geographic area a specified local coverage determination developed for a different geographic area, such intermediary or carrier may not so adopt such determination unless, prior to so adopting such determination, such intermediary or carrier independently evaluates and considers the qualifying evidence supporting the determination as applicable to such specific geographic area and makes a local coverage determination for such area in accordance with this subparagraph.
 (iv)Specified local coverage determination definedFor purposes of this subparagraph, the term specified local coverage determination means, with respect to a geographic area— (I)a new local coverage determination (regardless of whether such determination made by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A and is based upon a specified local coverage determination that previously has been made with respect to another geographic area, or by another such intermediary or carrier);
 (II)a revised local coverage determination for such geographic area that restricts one or more existing coverage criteria for such area (such as by adding noncovered indications to an existing local coverage determination or by deleting previously covered ICD–9 or ICD–10 codes);
 (III)a revised local coverage determination that makes a substantive revision to one or more existing local coverage determinations; and
 (IV)any other local coverage determination specified by the Secretary pursuant to regulations. (v)Qualifying evidence definedFor purposes of this subparagraph, the term qualifying evidence means either of the following:
 (I)Scientific evidence published in peer-reviewed medical literature, such as randomized clinical trials or other studies.
 (II)A general consensus of the applicable medical community (such as a consensus evinced through a recognized standard of practice in such medical community) that is supported by information provided by a recognized medical authority, such as a professional medical society.
							.
 (b)LCD reconsideration processSection 1869(f) of the Social Security Act (42 U.S.C. 1395ff(f)) is amended— (1)in paragraph (2)(A), by inserting (and, as applicable, the limitations under paragraphs (8) and (9)) before the colon;
 (2)in paragraph (5), by inserting (other than under paragraphs (8) and (9)) after this subsection; (3)by redesignating paragraph (8) as paragraph (12); and
 (4)by inserting after paragraph (7) the following new paragraphs:  (8)Carrier or fiscal intermediary reconsideration process for specified local coverage determinationsFor purposes of paragraph (2)(A), the limitations described in this paragraph are that, upon the filing of a request by an interested party with respect to a specified local coverage determination by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A, the intermediary or carrier shall reconsider such determination in accordance with the following process:
 (A)Not later than 30 days after such a request is filed with the fiscal intermediary or carrier by the interested party with respect to such determination, the intermediary or carrier shall—
 (i)determine whether the request is an applicable request; and (ii)in the case that the request is not an applicable request, inform the interested party of the reasons why such request is not an applicable request.
 (B)In the case that the intermediary or carrier determines under subparagraph (A) that the request described in such subparagraph is an applicable request, the intermediary or carrier shall, not later than 90 days after the date on which the request was filed with the intermediary or carrier, take the actions described in subparagraphs (C), (D), and (E) with respect to the determination.
 (C)The action described in this subparagraph is the action of specifying whether any of the following statements is applicable to the determination:
 (i)The determination did not apply, or inaccurately applied, qualifying evidence relevant to such determination.
 (ii)The determination used language that exceeded the scope of the intended purpose of the determination.
 (iii)The determination was incorrect in its determination of whether such item or service is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A).
 (iv)The determination failed to describe, with respect to such an item or service, the clinical conditions to be used for purposes of determining whether such item or service is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A).
 (v)The determination does not apply with respect to items or services to which it was intended to apply.
 (vi)The determination is erroneous for another reason that the intermediary or carrier identifies. (D)The action described in this subparagraph, with respect to the determination, is the action of taking, based on the specification under subparagraph (C) of whether any of the statements in such subparagraph applied to such determination, one or more of the following actions:
 (i)Making no change in the determination. (ii)Rescinding a part of the determination (including, as applicable, the entire determination).
 (iii)Modifying the determination to restrict the coverage provided under this title for an item or service that is subject to the determination.
 (iv)Modifying the determination to expand the coverage provided under this title for an item or service that is subject to the determination.
 (E)The action described in this subparagraph is the action of making publicly available a written description of the action taken under subparagraph (D) with respect to the determination.
 (9)Agency evaluation of reconsideration decisionFor purposes of paragraph (2)(A), the limitations described in this paragraph are that, in the case that an interested party that filed an applicable request under paragraph (8) with respect to a specified local coverage determination files with the Secretary, on a date that is not later than 120 days after the date on which an intermediary or carrier takes an action described under paragraph (8)(D) with respect to such determination, an appeal with respect to such decision in such form and manner as the Secretary may require, the Secretary shall, not later than 30 days after such appeal is filed—
 (A)specify which, if any, of the statements in subparagraph (C) of paragraph (8) is applicable to the determination; and
 (B)based on such specification, take one of the actions described in subparagraph (D) of such paragraph with respect to the determination.
 The Secretary shall apply subparagraph (A) as though the reference to the intermediary or carrier in clause (vi) of paragraph (8)(D) were a reference to the Secretary.(10)Definitions applicable to paragraphs (8) and (9)For purposes of paragraphs (8) and (9): (A)The term applicable request means a request that is submitted in fiscal year 2018 or a subsequent fiscal year, that is solely with respect to a specified local coverage determination, and that includes a description of the rationale for such request and any evidence supporting such request. For purposes of the preceding sentence, the Secretary may not require, as a condition of treating a request with respect to such a determination as an applicable request, that the request contain qualifying evidence that was not considered in the development of such determination.
 (B)The term interested party means, with respect to a specified local coverage determination within an area by a fiscal intermediary or carrier that has entered into a contract with the Secretary under section 1874A—
 (i)a provider of services or supplier that, in such area, furnishes, provides, or supplies items or services that are subject to such determination; or
 (ii)an organization that represents such a provider of services or supplier. (C)The term qualifying evidence has the meaning given such term by clause (v) of section 1862(l)(5)(D).
 (D)The term specified local coverage determination has the meaning given such term by clause (iv) of such section. (11)Appointment of Ombudsman (A)In generalThe Secretary shall, within the Centers for Medicare & Medicaid Services, appoint a Medicare Reviews and Appeals Ombudsman (referred to in this paragraph as the Ombudsman).
 (B)DutiesThe Ombudsman shall, with respect to specified local coverage determinations, carry out the following duties:
 (i)Provide interested parties (as defined in paragraph (10)(B)) with administrative and technical assistance in filing requests under paragraph (8) and appeals under paragraph (9).
 (ii)Make publicly available in a uniform, consistent, and easily understood format the following information for each 12-month period:
 (I)The number of requests filed with fiscal intermediaries and carriers under paragraph (8), and of appeals filed with the Secretary under paragraph (9), during such period.
 (II)With respect to such requests during such period, the number of times that intermediaries and carriers took, with respect to the actions described subparagraph (A)(iv) of such paragraph, each such action.
 (III)With respect to such appeals during such period, the number of times that the Secretary took each such action.
 (IV)With respect to the numbers made available under subclauses (I), (II), and (III), the number of each such number that is attributable to—
 (aa)each fiscal intermediary or carrier; and (bb)each interested party (as defined in paragraph (10)(B)).
 (V)Measures of the responsiveness of fiscal intermediaries and carriers with respect to requests filed with such intermediaries and carriers under paragraph (8).
 (VI)Recommendations to the Secretary with respect to ways to improve— (aa)the efficacy and efficiency of the process described in paragraph (8); and
 (bb)communication with individuals entitled to benefits under part A or enrolled under part B, providers of services, and suppliers regarding such process.
										.
 3.Promulgation of regulations; application dateThe Secretary of Health and Human Services shall promulgate regulations to carry out paragraph (5)(D) of section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)), as added by subsection (a), and paragraphs (8) and (9) of section 1869(f) of such Act (42 U.S.C. 1395ff(f)), as inserted by subsection (b), in such a manner as to ensure that the processes described in such paragraphs are fully implemented by October 1, 2017.


116 HR 538 IH: Commonsense Legislation Ensuring Accountability by Reporting Access of Non-Cleared Employees to Secrets Act
U.S. House of Representatives
2019-01-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 538IN THE HOUSE OF REPRESENTATIVESJanuary 14, 2019Mr. Ted Lieu of California (for himself, Mr. Nadler, Mr. Cummings, Mr. Thompson of Mississippi, Mr. Cooper, Mr. Cohen, Miss Rice of New York, Ms. Norton, Mrs. Demings, Mr. Raskin, Mrs. Watson Coleman, Mr. Cicilline, Mr. Ryan, Mr. Beyer, Ms. Lofgren, Mr. Clay, Mr. Krishnamoorthi, and Mr. Welch) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo amend title 5, United States Code, to require a quarterly report on security clearances for
			 individuals working in the White House or the Executive Office of the
			 President, and for other purposes.

 1.Short titleThis Act may be cited as the Commonsense Legislation Ensuring Accountability by Reporting Access of Non-Cleared Employees to Secrets Act or the CLEARANCES Act.
		2.Report on security clearances for individuals working in the White House and Executive Office of
			 the President
 (a)In generalSubpart I of part III of title 5, United States Code, is amended by adding after section 10106 the following:

					102Security Clearances

							Sec.
							10201. Report on individuals working in the White House and Executive Office of the President.
						10201.Report on individuals working in the White House and Executive Office of the President
 (a)In generalNot later than 3 months after the date of enactment of this section and every 3 months thereafter, the President shall submit a report to the appropriate congressional committees on security clearance information on any individual working in the White House or the Executive Office of the President, including—
 (1)the President’s staff or any other individual in the White House or Office whose function is to advise or assist the President; and
 (2)any individual who is detailed from the Government, a university, a think tank, or the private sector to the White House or the Office.
 (b)Report requirementsA report submitted under subsection (a) shall include the following: (1)The name and position of any individual working in the White House or the Office and who holds a security clearance.
 (2)With respect to any detailee, the entity or agency from which the individual was detailed. (3)With respect to any clearance listed pursuant to paragraph (1)—
 (A)whether the clearance is temporary or permanent and level of the clearance; (B)the date the background investigation was initiated and the date of adjudication (if any); and
 (C)the date of any interim reports or notifications from the investigating agency. (4)The name and position of any individual working in the White House or the Office who was granted a security clearance by the President or other authorizing personnel despite an unfavorable recommendation from the White House Security Office or an agency, and the date the decision was made to grant the clearance.
 (5)The name and position of any individual not contained in any list above whom the President has provided access to classified information, the date the information was so provided, and the level of classification of the information.
 (6)The name and position of any individual working in the White House or Office— (A)whose security clearance has been revoked or suspended and the date of such revocation or suspension; or
 (B)who held an interim security clearance for a period longer than one year, and a justification from the White House Counsel as to why it is in the national security interest of the United States to keep the employee in the position without a permanent security clearance.
 (c)DefinitionsIn this section— (1)the term appropriate congressional committees means—
 (A)the Permanent Select Committee on Intelligence and the Committees on Oversight and Reform and the Judiciary of the House of Representatives; and
 (B)the Select Committee on Intelligence and the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate; and
 (2)the term Office means the Executive Office of the President.. (b)Clerical amendmentThe table of chapters for such title is amended by adding after the item relating to chapter 101 the following:

						102.Security Clearances10201.


116 HR 4107 IH: Funding Early Childhood is the Right IDEA Act
U.S. House of Representatives
2019-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4107IN THE HOUSE OF REPRESENTATIVESJuly 30, 2019Mr. DeSaulnier (for himself, Mr. Rodney Davis of Illinois, and Mr. Huffman) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo authorize funding for section 619 and part C of the Individuals with Disabilities Education Act.

 1.Short titleThis Act may be cited as the Funding Early Childhood is the Right IDEA Act. 2.FindingsCongress finds the following:
 (1)High-quality early intervention and preschool special education services can change a child’s developmental trajectory and improve outcomes for children, families, and communities.
 (2)Part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) authorizes a grant program to aid each State in implementing a system of early intervention services for infants and toddlers with disabilities and their families.
 (3)Funding for such part C (20 U.S.C. 1431 et seq.) has eroded significantly in the last two decades, from a high of $1,768 per child in 1999 to $645 per child in 2017, adjusted for inflation.
 (4)Section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419) authorizes grants to States for preschool programs serving children with disabilities ages three to five.
 (5)Funding for such section 619 (20 U.S.C. 1419) has eroded significantly in the last 25 years, from a high of $1,484 per child in 1992, to $529 in 2017, adjusted for inflation.
 (6)Infants, toddlers, and preschool children, and their schools would benefit from additional funding to restore per child amounts under part C and section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.; 1419) to ensure continued delivery of high quality early intervention and preschool special education services.
 3.Authorization of appropriations for section 619 of the IDEASection 619(j) of the Individuals with Disabilities Education Act (20 U.S.C. 1419(j)) is amended to read as follows:

 (j)There are authorized to be appropriated to carry out this section— (1)$537,300,000 for fiscal year 2020;
 (2)$683,500,000 for fiscal year 2021; (3)$829,700,000 for fiscal year 2022;
 (4)$975,900,000 for fiscal year 2023; and (5)$1,220,000,000 for fiscal year 2024..
 4.Authorization of appropriations for part C of the IDEASection 644 of the Individuals with Disabilities Education Act (20 U.S.C. 1444) is amended to read as follows:

 644.Authorization of appropriationsFor the purpose of carrying out this part, there are authorized to be appropriated— (1)$722,200,000 for fiscal year 2020;
 (2)$974,800,000 for fiscal year 2021; (3)$1,227,400,000 for fiscal year 2022;
 (4)$1,480,000,000 for fiscal year 2023; and (5)$ 1,731,000,000 for fiscal year 2024..


		I
		111th CONGRESS
		1st Session
		H. R. 4176
		IN THE HOUSE OF REPRESENTATIVES

			December 2, 2009
			Mr. Abercrombie
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend the Military Construction Authorization Act for
		  Fiscal Year 2010 to authorize construction of an Aegis Ashore Test Facility at
		  Pacific Missile Range Facility, Hawaii.

		1.Short titleThis Act may be cited as the
			 Aegis Ashore Test Facility
			 Construction Authorization Act.
		2.Authorized
			 Missile Defense Agency construction project
			(a)Project
			 authorityThe table entitled
			 Missile Defense Agency in section 2401 of the Military
			 Construction Authorization Act for Fiscal Year 2010 (division B of Public Law
			 111–84) is amended by inserting after the item relating to Redstone Arsenal,
			 Alabama, the following new item relating to construction of an Aegis Ashore
			 Test Facility at Pacific Missile Range Facility, Kauai, Hawaii:

							HawaiiPacific Missile Range Facility$68,500,000.

			(b)Authorization of
			 appropriationsSection 2404(a) of the Military Construction
			 Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84) is
			 amended—
				(1)in the matter
			 preceding paragraph (1), by striking $3,177,496,000 and
			 inserting $3,245,996,000; and
				(2)in paragraph (1),
			 by striking $1,048,783,000 and inserting
			 $1,117,283,000.
				(c)Relation to
			 military construction funding tableSection 4001 of the National Defense
			 Authorization Act for Fiscal Year 2010 (Public Law 111–84) shall apply to the
			 military construction project authorized by the amendment made by subsection
			 (a) to the same extent and in the same manner as if the project had been
			 included in the table contained in section 4501 of such Act and listed as the
			 conference agreement the amount specified for the project in the
			 amendment.


115 S56 IS: Regulations Endanger Democracy Act of 2017
U.S. Senate
2017-01-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 56IN THE SENATE OF THE UNITED STATESJanuary 5, 2017Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo require each agency to repeal or amend 2 or more rules before issuing or amending a rule.

 1.Short titleThis Act may be cited as the Regulations Endanger Democracy Act of 2017 or the RED Tape Act of 2017.
		2.Repeal of rules required before issuing or amending rule
 (a)DefinitionsIn this section— (1)the term agency has the meaning given the term in section 551 of title 5, United States Code;
 (2)the term covered rule means a rule of an agency that causes a new financial or administrative burden on businesses in the United States or on the people of the United States, as determined by the head of the agency;
 (3)the term rule— (A)has the meaning given the term in section 551 of title 5, United States Code; and
 (B)includes— (i)any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and
 (ii)any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and
 (4)the term Unified Agenda means the Unified Agenda of Federal Regulatory and Deregulatory Actions. (b)Prohibition on issuance of certain rules (1)In generalAn agency may not—
 (A)issue a covered rule that does not amend or modify an existing rule of the agency, unless— (i)the agency has repealed 2 or more existing covered rules of the agency; and
 (ii)the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or
 (B)issue a covered rule that amends or modifies an existing rule of the agency, unless— (i)the agency has repealed or amended 2 or more existing covered rules of the agency; and
 (ii)the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency.
 (2)ApplicationParagraph (1) shall not apply to the issuance of a covered rule by an agency that— (A)relates to the internal policy or practice of the agency or procurement by the agency; or
 (B)is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule.
 (c)Considerations for repealing rulesIn determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider—
 (1)whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule;
 (2)any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued;
 (3)whether the costs of the covered rule outweigh any benefits of the covered rule to the United States;
 (4)whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and
 (5)whether the covered rule overlaps with a covered rule to be issued by the agency. (d)Publication of covered rules in Unified Agenda (1)RequirementsEach agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing—
 (A)each covered rule that the agency intends to issue during the 6-month period following the date of submission;
 (B)each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and
 (C)the cost of each covered rule described in subparagraphs (A) and (B). (2)ProhibitionAn agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1).