		II
		110th CONGRESS
		1st Session
		S. 1708
		IN THE SENATE OF THE UNITED STATES

			June 27, 2007
			Mr. Dodd (for himself,
			 Mr. Hagel, and Mr. Schumer) introduced the following bill; which
			 was read twice and referred to the Committee on Health, Education, Labor, and
			 Pensions

		A BILL
		To provide for the expansion of Federal
		  efforts concerning the prevention, education, treatment, and research
		  activities related to Lyme and other tick-borne diseases, including the
		  establishment of a Tick-Borne Diseases Advisory Committee.

		1.Short titleThis Act may be cited as the
			 Lyme and Tick-Borne Disease
			 Prevention, Education, and Research Act of 2007.
		2.FindingsCongress makes the following
			 findings:
			(1)Lyme disease is a common but frequently
			 misunderstood illness that, if not caught early and treated properly, can cause
			 serious health problems.
			(2)Lyme disease is a bacterial infection that
			 is transmitted by a tick bite. Early signs of infection may include a rash and
			 flu-like symptoms such as fever, muscle aches, headaches, and fatigue.
			(3)Although Lyme disease can be treated with
			 antibiotics if caught early, the disease often goes undetected because it
			 mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead
			 to severe heart, neurological, eye, and joint problems because the bacteria can
			 affect many different organs and organ systems.
			(4)If an individual with Lyme disease does not
			 receive treatment, such individual can develop severe heart, neurological, eye,
			 and joint problems.
			(5)Although Lyme disease accounts for 90
			 percent of all vector-borne infections in the United States, the ticks that
			 spread Lyme disease also spread other diseases, such as ehrlichiosis,
			 babesiosis, and other strains of Borrelia. All of these diseases in 1 patient
			 makes diagnosis and treatment more difficult.
			(6)Studies indicate that the actual number of
			 tick-borne disease cases are approximately 10 times the amount reported.
			(7)Persistence of symptomatology in many
			 patients without reliable testing makes treatment of patients more
			 difficult.
			3.Establishment of a
			 tick-borne diseases advisory committee
			(a)EstablishmentNot later than 180 days after the date of
			 the enactment of this Act, the Secretary of Health and Human Services (referred
			 to in this Act as the Secretary) shall establish within the
			 Office of the Secretary an advisory committee to be known as the Tick-Borne
			 Diseases Advisory Committee (referred to in this section as the
			 Committee).
			(b)DutiesThe Committee shall advise the Secretary
			 and the Assistant Secretary for Health regarding the manner in which such
			 officials can—
				(1)ensure interagency coordination and
			 communication and minimize overlap regarding efforts to address tick-borne
			 diseases;
				(2)identify opportunities to coordinate
			 efforts with other Federal agencies and private organizations addressing such
			 diseases;
				(3)ensure interagency coordination and
			 communication with constituency groups;
				(4)ensure that a broad spectrum of scientific
			 viewpoints are represented in public health policy decisions and that
			 information disseminated to the public and physicians is balanced; and
				(5)advise relevant Federal agencies on
			 priorities related to the Lyme and tick-borne diseases.
				(c)Membership
				(1)Appointed
			 members
					(A)In
			 generalFrom among
			 individuals who are not officers or employees of the Federal Government, the
			 Secretary shall appoint to the Committee, as voting members, an equal number of
			 individuals from each of the groups described in clauses (i) through (v) of
			 subparagraph (B).
					(B)GroupsThe groups described in this subparagraph
			 include the following:
						(i)Scientific community members representing
			 the broad spectrum of viewpoints held within the scientific community related
			 to Lyme and other tick-borne diseases.
						(ii)Representatives of tick-borne disease
			 voluntary organizations.
						(iii)Health care providers, including at least 1
			 full-time practicing physician, with relevant experience providing care for
			 individuals with a broad range of acute and chronic tick-borne diseases.
						(iv)Patient representatives who are individuals
			 who have been diagnosed with a tick-borne disease or who have had an immediate
			 family member diagnosed with such a disease.
						(v)Representatives of State and local health
			 departments and national organizations that represent State and local health
			 professionals.
						(C)DiversityIn appointing members under this paragraph,
			 the Secretary shall ensure that such members, as a group, represent a diversity
			 of scientific perspectives relevant to the duties of the Committee.
					(2)Ex officio
			 membersThe Secretary shall
			 designate, as nonvoting, ex officio members of the Committee, representatives
			 overseeing tick-borne disease activities from each of the following Federal
			 agencies:
					(A)The Centers for Disease Control and
			 Prevention.
					(B)The National Institutes of Health.
					(C)The Agency for Healthcare Research and
			 Quality.
					(D)The Food and Drug Administration.
					(E)The Office of the Assistant Secretary for
			 Health.
					(F)Such additional Federal agencies as the
			 Secretary determines to be appropriate.
					(3)Co-chairpersonsThe Secretary shall designate the Assistant
			 Secretary of Health as the co-chairperson of the Committee. The appointed
			 members of the Committee shall also elect a public co-chairperson. The public
			 co-chairperson shall serve a 2-year term.
				(4)Term of
			 appointmentThe term of
			 service for each member of the Committee appointed under paragraph (1) shall be
			 4 years.
				(5)VacancyA vacancy in the membership of the
			 Committee shall be filled in the same manner as the original appointment. Any
			 member appointed to fill a vacancy for an unexpired term shall be appointed for
			 the remainder of that term. Members may serve after the expiration of their
			 terms until their successors have taken office.
				(d)MeetingsThe Committee shall hold public meetings,
			 except as otherwise determined by the Secretary, after providing notice to the
			 public of such meetings, and shall meet at least twice a year with additional
			 meetings subject to the call of the co-chairpersons. Agenda items with respect
			 to such meetings may be added at the request of the members of the Committee,
			 including the co-chairpersons. Meetings shall be conducted, and records of the
			 proceedings shall be maintained, as required by applicable law and by
			 regulations of the Secretary.
			(e)Authorization
			 of appropriationsFor the
			 purpose of carrying out this section, there is authorized to be appropriated
			 $250,000 for each of the fiscal years 2008 through 2011. Amounts appropriated
			 under the preceding sentence shall be used for the expenses and per diem costs
			 incurred by the Committee under this section in accordance with the Federal
			 Advisory Committee Act, except that no voting member of the Committee shall be
			 a permanent salaried employee.
			4.Federal activities
			 related to the diagnosis, surveillance, prevention, and research of lyme and
			 other tick-borne diseases
			(a)In
			 generalThe Secretary, acting
			 as appropriate through the Director of the Centers for Disease Control and
			 Prevention, the Director of the National Institutes of Health, the Commissioner
			 of Food and Drugs, and the Director of the Agency for Healthcare Research and
			 Quality, as well as additional Federal agencies as the Secretary determines to
			 be appropriate, and in consultation with the Tick-Borne Diseases Advisory
			 Committee, shall provide for the coordination of all Federal programs and
			 activities related to Lyme and other tick-borne diseases, including the
			 activities described in paragraphs (1) through (4) of subsection (b).
			(b)ActivitiesThe activities described in this subsection
			 are the following:
				(1)Development of
			 diagnostic testsSuch
			 activities include—
					(A)the development of sensitive and more
			 accurate diagnostic tools and tests, including a direct detection test for Lyme
			 disease capable of distinguishing active infection from past infection;
					(B)improving the efficient utilization of
			 diagnostic testing currently available to account for the multiple clinical
			 manifestations of both acute and chronic Lyme disease; and
					(C)providing for the timely evaluation of
			 promising emerging diagnostic methods.
					(2)Surveillance
			 and reportingSuch activities
			 include surveillance and reporting of Lyme and other tick-borne
			 diseases—
					(A)to accurately determine the prevalence of
			 Lyme and other tick-borne disease;
					(B)to evaluate the feasibility of developing a
			 reporting system for the collection of data on physician-diagnosed cases of
			 Lyme disease that do not meet the surveillance criteria of the Centers for
			 Disease Control and Prevention in order to more accurately gauge disease
			 incidence; and
					(C)to evaluate the feasibility of creating a
			 national uniform reporting system including required reporting by laboratories
			 in each State.
					(3)PreventionSuch activities include—
					(A)the provision and promotion of access to a
			 comprehensive, up-to-date clearinghouse of peer-reviewed information on Lyme
			 and other tick-borne diseases;
					(B)increased public education related to Lyme
			 and other tick-borne diseases through the expansion of the Community Based
			 Education Programs of the Centers for Disease Control and Prevention to include
			 expansion of information access points to the public;
					(C)the creation of a physician education
			 program that includes the full spectrum of scientific research related to Lyme
			 and other tick-borne diseases; and
					(D)the sponsoring of scientific conferences on
			 Lyme and other tick-borne diseases, including reporting and consideration of
			 the full spectrum of clinically-based knowledge, with the first of such
			 conferences to be held not later than 24 months after the date of enactment of
			 this Act.
					(4)Clinical
			 outcomes researchSuch
			 activities include—
					(A)the establishment of epidemiological
			 research objectives to determine the long term course of illness for Lyme
			 disease; and
					(B)determination of the effectiveness of
			 different treatment modalities by establishing treatment outcome
			 objectives.
					(c)Authorization
			 of appropriationsFor the
			 purposes of carrying out this section, and for the purposes of providing for
			 additional research, prevention, and educational activities for Lyme and other
			 tick-borne diseases, there is authorized to be appropriated $20,000,000 for
			 each of the fiscal years 2008 through 2011. Such authorization is in addition
			 to any other authorization of appropriations available for such purpose.
			5.Reports on lyme and
			 other tick-borne diseases
			(a)In
			 generalNot later than 18
			 months after the date of enactment of this Act, and annually thereafter, the
			 Secretary shall submit to Congress a report on the activities carried out under
			 this Act.
			(b)ContentReports under subsection (a) shall
			 contain—
				(1)significant activities or developments
			 related to the surveillance, diagnosis, treatment, education, or prevention of
			 Lyme or other tick-borne diseases, including suggestions for further research
			 and education;
				(2)a scientifically qualified assessment of
			 Lyme and other tick-borne diseases, including both acute and chronic instances,
			 related to the broad spectrum of empirical evidence of treating physicians, as
			 well as published peer reviewed data, that shall include recommendations for
			 addressing research gaps in diagnosis and treatment of Lyme and other
			 tick-borne diseases and an evaluation of treatment guidelines and their
			 utilization;
				(3)progress in the development of accurate
			 diagnostic tools that are more useful in the clinical setting for both acute
			 and chronic disease; and
				(4)the promotion of public awareness and
			 physician education initiatives to improve the knowledge of health care
			 providers and the public regarding clinical and surveillance practices for Lyme
			 disease and other tick-borne diseases.


		IV
		112th CONGRESS
		1st Session
		H. RES. 261
		IN THE HOUSE OF REPRESENTATIVES

			May 10, 2011
			Ms. Lee of California
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing commitment to the objectives of
		  the Program of Action of the International Conference on Population and
		  Development.

		Whereas the International Conference on Population and
			 Development was convened by the United Nations Population Fund and the
			 Population Division of the United Nations Department for Economic and Social
			 Information and Policy Analysis in Cairo from September 5 to September 13,
			 1994, for the purpose of addressing critical issues regarding population,
			 development, and human rights;
		Whereas the International Conference on Population and
			 Development built upon earlier initiatives aimed at addressing development and
			 population growth, including the World Conference to Review and Appraise the
			 Achievements of the United Nations Decade for Women in 1985, the World Summit
			 for Children in 1990, the International Conference on Nutrition in 1992, and
			 the World Conference on Human Rights in 1993;
		Whereas at the time of its convening, the International
			 Conference on Population and Development was the largest intergovernmental
			 conference ever organized, with representatives from over 10,000 concerned
			 groups and 179 governments, including the United States;
		Whereas the conferees of the International Conference on
			 Population and Development adopted a new approach to sustainable development,
			 focusing on women’s rights, the links between population growth and
			 development, and expanded access to education and health services;
		Whereas the International Conference on Population and
			 Development was guided by Fifteen Principles, foremost of which was the fact
			 that all human beings are born free and equal in dignity and rights;
		Whereas the Fifteen Principles of the International
			 Conference on Population and Development furthermore included the recognition
			 that the family is the basic unit of society and as such should be strengthened
			 and the recommendation that all States and families should give the highest
			 priority to children;
		Whereas the International Conference on Population and
			 Development resulted in the drafting and adoption by acclamation of a 20-year
			 Program of Action referred to as the Cairo Consensus, the goals of which
			 included sustained economic growth in the context of sustainable development,
			 universal access to education, gender equity and equality, the reduction of
			 infant, child, and maternal mortality, and universal access to reproductive
			 health services;
		Whereas the Program of Action of the International
			 Conference on Population and Development provided a strategic underpinning for
			 the development and adoption of the eight Millennium Development Goals adopted
			 at the Millennium Summit in 2000;
		Whereas the United Nations Commission on Population and
			 Development has acknowledged that without a firm commitment to population,
			 reproductive health, and gender issues, it will not be possible to meet the
			 goals of either the International Conference on Population and Development or
			 the Millennium Development Goals;
		Whereas substantial progress has been made in the 15 years
			 since the adoption of the Cairo Consensus, including but not limited to
			 improvements in gender equity, decreases in the world rates of poverty, infant
			 and child mortality, and maternal mortality, and improvements in access to
			 primary education, safe water, and health and family planning services;
		Whereas, despite this progress, many of the goals of the
			 Cairo Consensus remain unmet;
		Whereas 1,000,000,000 people still live in abject
			 poverty;
		Whereas each year half a million women die of causes
			 related to pregnancy and childbirth;
		Whereas each year 4,000,000 infants die in their first
			 month of life;
		Whereas a disproportionate number of the world’s
			 impoverished and illiterate are women;
		Whereas it is currently predicted that 58 of the 86
			 countries that did not provide universal primary education in 1994 will not
			 meet this goal by 2015;
		Whereas 200,000,000 women have an unmet need for safe,
			 effective, and modern contraceptives;
		Whereas pregnancy-related complications are the leading
			 cause of death for young women aged 15 to 19;
		Whereas the International Conference on Population and
			 Development called for governments to commit themselves at the highest
			 political level to achieving the goals and objectives of the Program of Action
			 and to take a lead role in coordinating the implementation, monitoring, and
			 evaluation of follow-up actions; and
		Whereas the General Assembly of the United Nations
			 endorsed the Program of Action, affirmed that governments should commit
			 themselves to their goals and objectives, and furthermore called upon all
			 governments to give the widest possible dissemination to the Program of Action
			 and to seek public support for its goals, objectives, and actions: Now,
			 therefore, be it

		That the House of
			 Representatives—
			(1)remains committed to the goals and
			 objectives of the Cairo Consensus, as set forth at the International Conference
			 on Population and Development;
			(2)supports the
			 President’s public commitment to the advancement of the Cairo Consensus and the
			 achievement of the Millennium Development Goals;
			(3)encourages media
			 organizations to participate in publicizing the issues addressed by the Cairo
			 Consensus, including global poverty, gender equity and equality, the reduction
			 of infant, child, and maternal mortality, and universal access to primary
			 education and reproductive health services; and
			(4)encourages
			 nongovernmental organizations, faith based organizations, community
			 organizations, and private citizens to take action where possible to improve
			 gender equality, end violence against women, expand access to reproductive,
			 maternal, and other health services, lower infant, childhood, and maternal
			 mortality rates, and eradicate world poverty.


		II

		109th CONGRESS

		1st Session

		S. 1573

		IN THE SENATE OF THE UNITED

		  STATES

			July 29, 2005

			Mrs. Dole (for herself

			 and Mr. Corzine) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986

		  to encourage the funding of collectively bargained retiree health benefits.

		1.Short titleThis Act may be cited as the

			 Retiree Health Benefits Act of

			 2005.

		2.Funding of retiree

			 health benefits

			(a)Collectively

			 bargained transfer treated as a qualified transfer

				(1)In

			 generalSection 420(b) of the

			 Internal Revenue Code of 1986 (defining qualified transfer) is amended by

			 redesignating paragraph (5) as paragraph (6) and by inserting after paragraph

			 (4) the following new paragraph:

						(5)A collectively bargained transfer (as

				defined in subsection (e)(5)) shall be treated as a qualified

				transfer.

						.

				(2)Conforming

			 amendments

					(A)Subparagraph (B) of section 420(b)(2) of

			 such Code is amended by inserting or a collectively bargained

			 transfer after paragraph (4).

					(B)Paragraph (3) of section 420(b) of such

			 Code is amended to read as follows:

							(3)Limitation on

				amount transferred

								(A)In

				generalThe amount of excess

				pension assets which may be transferred in a qualified transfer (other than a

				collectively bargained transfer) shall not exceed the amount which is

				reasonably estimated to be the amount the employer maintaining the plan will

				pay (whether directly or through reimbursement) out of such account during the

				taxable year of the transfer for qualified current retiree health

				liabilities.

								(B)Exception for

				collectively bargained transfersThe amount of excess pension assets which

				may be transferred in a collectively bargained transfer shall not exceed the

				amount which is reasonably estimated, in accordance with the provisions of the

				collective bargaining agreement and generally accepted accounting principles,

				to be the amount the employer maintaining the plan will pay (whether directly

				or through reimbursement) out of such account during the collectively bargained

				cost maintenance period for collectively bargained retiree health

				liabilities.

								.

					(C)Section 420(b)(6) of such Code, as

			 redesignated by paragraph (1), is amended by inserting (other than a

			 collectively bargained transfer) after No

			 transfer.

					(b)Requirements of

			 plans making collectively bargained transfers

				(1)In

			 generalParagraph (1) of

			 section 420(c) of the Internal Revenue Code of 1986 (relating to requirements

			 of plan transferring assets) is amended to read as follows:

						(1)Use of

				transferred assets

							(A)In

				generalExcept in the case of

				a collectively bargained transfer, any assets transferred to a health benefits

				account in a qualified transfer (and any income allocable thereto) shall be

				used only to pay qualified current retiree health liabilities (other than

				liabilities of key employees not taken into account under subsection (e)(1)(D))

				for the taxable year of the transfer (whether directly or through

				reimbursement).

							(B)Collectively

				bargained transferAny assets

				transferred to a health benefits account in a collectively bargained transfer

				(and any income allocable thereto) shall be used only to pay collectively

				bargained retiree health liabilities (other than liabilities of key employees

				not taken into account under subsection (e)(6)(D)) for the taxable year of the

				transfer or for any subsequent taxable year during the collectively bargained

				cost maintenance period (whether directly or through reimbursement).

							(C)Amounts not

				used to pay for health benefits

								(i)In

				generalAny assets

				transferred to a health benefits account in a qualified transfer (and any

				income allocable thereto) which are not used as provided in subparagraph (A)

				(in the case of a qualified transfer other than a collectively bargained

				transfer) or cannot be used as provided in subparagraph (B) (in the case of a

				collectively bargained transfer) shall be transferred out of the account to the

				transferor plan.

								(ii)Tax treatment

				of amountsAny amount

				transferred out of an account under clause (i)—

									(I)shall not be includible in the gross income

				of the employer, but

									(II)shall be treated as an employer reversion

				for purposes of section 4980 (without regard to subsection (d) thereof).

									(D)Ordering

				ruleFor purposes of this

				section, any amount paid out of a health benefits account shall be treated as

				paid first out of the assets and income described in subparagraph (A) (in the

				case of a qualified transfer other than a collectively bargained transfer) or

				subparagraph (B) (in the case of a collectively bargained

				transfer).

							.

				(2)Conforming

			 amendments

					(A)Subparagraph (A) of section 420(c)(3) of

			 such Code is amended to read as follows:

							(A)In

				generalThe requirements of

				this paragraph are met if—

								(i)except as provided in clause (ii), each

				group health plan or arrangement under which applicable health benefits are

				provided provides that the applicable employer cost for each taxable year

				during the cost maintenance period shall not be less than the higher of the

				applicable employer costs for each of the 2 taxable years immediately preceding

				the taxable year of the qualified transfer, and

								(ii)in the case of a collectively bargained

				transfer, each collectively bargained group health plan under which

				collectively bargained health benefits are provided provides that the

				collectively bargained employer cost for each taxable year during the

				collectively bargained cost maintenance period shall not be less than the

				amount specified by the collective bargaining

				agreement.

								.

					(B)Section 420(c)(3) of such Code is amended

			 by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and

			 (F), respectively, and by inserting after subparagraph (B) the following new

			 subparagraph:

							(C)Collectively

				bargained employer costFor

				purposes of this paragraph, the term collectively bargained employer

				cost means the average cost per covered individual of providing

				collectively bargained retiree health benefits as determined in accordance with

				the applicable collective bargaining agreement. Such agreement may provide for

				an appropriate reduction in the collectively bargained employer cost to take

				into account any portion of the collectively bargained retiree health benefits

				that is provided or financed by a government program or other

				source.

							.

					(C)Subparagraph (E) of section 420(c)(3) of

			 such Code (as redesignated by subparagraph (B)) is amended to read as

			 follows:

							(E)Maintenance

				periodFor purposes of this

				paragraph—

								(i)Cost

				maintenance periodThe term

				cost maintenance period means the period of 5 taxable years

				beginning with the taxable year in which the qualified transfer occurs. If a

				taxable year is in 2 or more overlapping cost maintenance periods, this

				paragraph shall be applied by taking into account the highest applicable

				employer cost required to be provided under subparagraph (A)(i) for such

				taxable year.

								(ii)Collectively

				bargained cost maintenance periodThe term collectively bargained cost

				maintenance period means, with respect to each covered retiree and his

				covered spouse and dependents, the shorter of—

									(I)the remaining lifetime of such covered

				retiree and his covered spouse and dependents, or

									(II)the period of coverage provided by the

				collectively bargained health plan (determined as of the date of the

				collectively bargained transfer) with respect to such covered retiree and his

				covered spouse and

				dependents.

									.

					(c)Limitations on

			 employerSubsection (d) of

			 section 420 of the Internal Revenue Code of 1986 is amended to read as

			 follows:

					(d)Limitations on

				employerFor purposes of this

				title—

						(1)Deduction

				limitationsNo deduction

				shall be allowed—

							(A)for the transfer of any amount to a health

				benefits account in a qualified transfer (or any retransfer to the plan under

				subsection (c)(1)(C)),

							(B)for qualified current retiree health

				liabilities or collectively bargained retiree health liabilities paid out of

				the assets (and income) described in subsection (c)(1), or

							(C)except in the case of a collectively

				bargained transfer, for any amounts to which subparagraph (B) does not apply

				and which are paid for qualified current retiree health liabilities for the

				taxable year to the extent such amounts are not greater than the excess (if

				any) of—

								(i)the amount determined under subparagraph

				(A) (and income allocable thereto), over

								(ii)the amount determined under subparagraph

				(B).

								(2)Other

				limitations

							(A)No

				contributions allowedExcept

				as provided in subparagraph (B), an employer may not contribute after December

				31, 1990, any amount to a health benefits account or welfare benefit fund (as

				defined in section 419(e)(1)) with respect to qualified current retiree health

				liabilities for which transferred assets are required to be used under

				subsection (c)(1)(A).

							(B)ExceptionAn employer may contribute an amount to a

				health benefits account or welfare benefit fund (as defined in section

				419(e)(1)) with respect to collectively bargained retiree health liabilities

				for which transferred assets are required to be used under subsection

				(c)(1)(B), and the deductibility of any such contribution shall be governed by

				the limits applicable to the deductibility of contributions to a welfare

				benefit fund under a collective bargaining agreement (as determined under

				section 419A(f)(5)(A)) without regard to whether such contributions are made to

				a health benefits account or welfare benefit fund and without regard to the

				provisions of section 404 or the other provisions of this

				section.

							.

			(d)DefinitionsSection 420(e) of the Internal Revenue Code

			 of 1986 (relating to definition and special rules) is amended by adding at the

			 end the following new paragraphs:

					(5)Collectively

				bargained transferThe term

				collectively bargained transfer means a transfer—

						(A)of excess pension assets to a health

				benefits account which is part of such plan in a taxable year beginning after

				December 31, 2004,

						(B)which does not contravene any other

				provision of law,

						(C)with respect to which are met in connection

				with the plan—

							(i)the use requirements of subsection

				(c)(1),

							(ii)the vesting requirements of subsection

				(c)(2), and

							(iii)the minimum cost requirements of subsection

				(c)(3),

							(D)which is made in accordance with a

				collective bargaining agreement, and

						(E)which, before the transfer, the employer

				designates, in a written notice delivered to each employee organization that is

				a party to the collective bargaining agreement, as a collectively bargained

				transfer in accordance with this section.

						(6)Collectively

				bargained retiree health liabilities

						(A)In

				generalThe term

				collectively bargained retiree health liabilities means the

				present value, as of the beginning of a taxable year and determined in

				accordance with the applicable collective bargaining agreement, of all

				collectively bargained health benefits (including administrative expenses) for

				such taxable year and all subsequent taxable years during the collectively

				bargained cost maintenance period.

						(B)Reduction for

				amounts previously set asideThe amount determined under subparagraph

				(A) shall be reduced by the value (as of the close of the plan year preceding

				the year of the collectively bargained transfer) of the assets in all health

				benefits accounts or welfare benefit funds (as defined in section 419(e)(1))

				set aside to pay for the collectively bargained retiree health

				liabilities.

						(C)Key employees

				excludedIf an employee is a

				key employee (within the meaning of section 416(I)(1)) with respect to any plan

				year ending in a taxable year, such employee shall not be taken into account in

				computing collectively bargained retiree health liabilities for such taxable

				year or in calculating collectively bargained employer cost under subsection

				(c)(3)(C).

						(7)Collectively

				bargained health benefitsThe

				term collectively bargained health benefits means health benefits

				or coverage which are provided to—

						(A)retired employees who, immediately before

				the collectively bargained transfer, are entitled to receive such benefits upon

				retirement and who are entitled to pension benefits under the plan, and their

				spouses and dependents, and

						(B)if specified by the provisions of the

				collective bargaining agreement governing the collectively bargained transfer,

				active employees who, following their retirement, are entitled to receive such

				benefits and who are entitled to pension benefits under the plan, and their

				spouses and dependents.

						(8)Collectively

				bargained health planThe

				term collectively bargained health plan means a group health plan

				or arrangement for retired employees and their spouses and dependents that is

				maintained pursuant to 1 or more collective bargaining

				agreements.

					.

			(e)Conforming

			 amendments

				(1)The last sentence of section 401(h) of the

			 Internal Revenue Code of 1986 is amended by inserting (other than

			 contributions with respect to collectively bargained retiree health liabilities

			 within the meaning of section 420(e)(6)) after medical

			 benefits.

				(2)Section 101(e)(3) of the Employee

			 Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by

			 striking Pension Funding Equity Act of 2004 and inserting

			 Retiree Health Benefits Act of 2005.

				(3)Section 403(c)(1) of such Act (29 U.S.C.

			 1103(c)(1)) is amended by striking Pension Funding Equity Act of

			 2004 and inserting Retiree Health Benefits Act of

			 2005.

				(4)Paragraph (13) of section 408(b) of such

			 Act (29 U.S.C. 1108(b)) is amended—

					(A)by striking before January 1,

			 2014 and inserting in accordance with section 420 of the

			 Internal Revenue Code of 1986 (as in effect on the date of the enactment of the

			 Retiree Health Benefits Act of 2005), and

					(B)by striking Pension Funding Equity

			 Act of 2004 and inserting Retiree Health Benefits Act of

			 2005.

					(f)Effective

			 dateThe amendments made by

			 this section shall apply to years beginning after December 31, 2004.


		I
		112th CONGRESS
		2d Session
		H. R. 5475
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Reed introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on polycrystalline
		  alumina discharge tubes prefilled with metal halide salts and designated for
		  high intensity discharge (HID) lamps.

		1.Polycrystalline alumina
			 discharge tubes prefilled with metal halide salts and designated for high
			 intensity discharge (HID) lamps
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Polycrystalline Alumina discharge tubes prefilled with metal
						halide salts (CAS Nos. 65997–17–3, 266–046–0, 7439–97–6, 231–106–7, 7440–33–7,
						231–143–9, 7681–82–5, 231–143–9, 7681–82–5, 231–679–3, 7790–30–9, 230–199–7,
						10102–68–8, 233–276–8, 15474–63–2, 239–493–4, 13813–41–7, and 237–470–3) and
						designated for high intensity discharge (HID) lamps (provided for in subheading
						8539.90.00)FreeNo changeNo changeOn or before 12/31/2015

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


109 HCON 469 IH: Calling on Iran to immediately fulfill its nuclear nonproliferation obligations, and for other purposes.
U.S. House of Representatives
2006-09-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. CON. RES. 469
IN THE HOUSE OF REPRESENTATIVES

September 12, 2006
Mr. Hastings of Florida submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Calling on Iran to immediately fulfill its nuclear nonproliferation obligations, and for other purposes.

Whereas on July 31, 2006, the United Nations Security Council passed Resolution 1696 in a vote of 14–1, requesting that Iran suspend all uranium enrichment and reprocessing activities, including research and development, within one month or face economic and diplomatic sanctions under Article 41 of Chapter VII of the United Nations Charter;
Whereas the Iranian ambassador to the United Nations, Javad Zarif, immediately rejected the terms of Security Council Resolution 1696;
Whereas on August 1, 2006, Iranian President Mahmoud Ahmadinejad also rejected the terms of Security Council Resolution 1696, insisting that Tehran would continue to pursue its nuclear program;
Whereas Iran also has refused United Nations Secretary–General Kofi Annan’s diplomatic efforts for Iran to comply with Security Council Resolution 1696;
Whereas compliance by Iran with the International Atomic Energy Agency (IAEA) Board of Governors’ requirements relating to nuclear nonproliferation would contribute to a diplomatic, negotiated solution that would ensure Iran’s nuclear program was carried out solely for peaceful purposes;
Whereas Iran is a non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) signed on July 1, 1968, under which Iran is obligated, pursuant to Article II of the Treaty, not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices;
Whereas on June 19, 1973, Iran signed the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT Safeguards Agreement), which requires Iran to report the importation and use of nuclear material, to declare nuclear facilities, and to accept safeguards on nuclear materials and activities to ensure that such materials and activities are not diverted to any military purpose and are used for peaceful purposes and activities;
Whereas since January 1984, Iran has been identified by the Department of State as one of the most active state sponsors of terrorism and has remained close to achieving nuclear weapon capabilities;
Whereas the Government of Iran concealed major aspects of its nuclear program from the IAEA and the international community for nearly two decades until they were revealed in 2002;
Whereas since February 2003, the Government of Iran has consistently misled the United Nations, the IAEA, the European Union 3—the United Kingdom, France, and Germany—(EU–3), and the United States of the goals and extent of its nuclear program and has not been held accountable for these treaty violations;
Whereas after more than three years, the IAEA is still concerned about the existing lack of knowledge of Iran’s nuclear program and the inability to provide reassurance about Iran’s nuclear material and activities;
Whereas on September 24, 2005, the IAEA passed a resolution finding Iran in noncompliance with the NPT Safeguards Agreement;
Whereas the United Nations Security Council called on Iran to comply with the IAEA resolution, and in response, Iran indicated it would not comply with the IAEA resolution and would continue its nuclear enrichment activities;
Whereas on January 3, 2006, Iran broke IAEA seals at its uranium enrichment facility at Natanz, and announced it would continue uranium research activities at the facility, which are constructed partially underground, and therefore raise concerns about Iran’s true intentions;
Whereas in the IAEA Director General’s report of February 27, 2006, many remaining concerns were listed regarding Iran’s nuclear program and the IAEA declared it was unable to conclude that Iran was not pursuing nuclear activities;
Whereas on April 11, 2006, Iran announced its decision to resume and expand its activities of enrichment of uranium and continued to suspend its cooperation with the IAEA under the NPT Safeguards Agreement;
Whereas on June 6, 2006, the EU–3, Russia, China, and the United States offered Iran a new negotiating proposal, providing incentives and disincentives if Iran would, in return, suspend enrichment- and reprocessing-related activities, resume implementation of the NPT Safeguards Agreement, and fully cooperate with the IAEA;
Whereas Iran has refused this offer as presented;
Whereas on July 15, 2006, Iran carried out the second test firing of the 1,350 km-range ballistic missile named Shehab-3 which is capable of reaching Israel;
Whereas Iran’s pursuit of nuclear weapons is a direct threat to international peace and security;
Whereas the regime in Iran has clearly and publicly stated the intent behind its nuclear program, including calling for Israel to be wiped off the map at a conference titled A World without Zionism held in October 2005 in Tehran;
Whereas the regime in Iran openly funds and supports terrorist organizations and Islamic militias in Iraq, the Palestinian territories, the Persian Gulf states, and Lebanon and thus is deliberately attempting to foster instability in these countries and regions;
Whereas Iran is deliberately trying to deflect attention away from its nuclear activities by funding and training terrorist groups, such as Hezbollah, which initiated the current conflict against Israel; and
Whereas if Iran continues to pretend to pursue negotiating tactics with the United States and other countries and international organizations while at the same time building its nuclear program, Iran will eventually possess deadly nuclear capabilities to the detriment of the global community: Now, therefore, be it

That Congress—
(1)condemns in the strongest possible terms Iran’s repeated failure to fulfill its nuclear nonproliferation obligations;
(2)calls on the United Nations Security Council and all civilized nations to equally condemn Iran for violations of its nuclear nonproliferation obligations;
(3)calls on the United Nations Security Council and all civilized nations to also condemn Iran for its stated desire to use its nuclear capabilities to ensure Israel is wiped off the map, and other anti-Semitic statements and policies pursued by the Iranian Government;
(4)demands that Iran halt all enrichment-related and reprocessing activities, including research and development;
(5)expresses its support of the role of the Board of Governors of the International Atomic Energy Agency (IAEA) and its efforts to settle all remaining nonproliferation issues with respect to Iran;
(6)calls on all members of the United Nations Security Council to remain focused on Iran’s noncompliance of its obligations under United Nations Security Council Resolution 1696 (July 31, 2006) and if such noncompliance continues to apply appropriate multilateral sanctions against Iran as called for in such Resolution; and
(7)calls on the Bush administration to implement and exhaust every diplomatic and economic sanction at its disposal to ultimately ensure that the Government of Iran thoroughly and expediently abandons its nuclear activities and complies with its nuclear nonproliferation obligations.


		I
		111th CONGRESS
		1st Session
		H. R. 2959
		IN THE HOUSE OF REPRESENTATIVES

			June 18, 2009
			Mr. Welch (for
			 himself, Mr. Pomeroy,
			 Mr. Van Hollen,
			 Mr. Carney,
			 Mr. Kind, Mr. Levin, Ms. Linda
			 T. Sánchez of California, Mr.
			 Inslee, Mr. Higgins,
			 Mr. Thompson of California,
			 Mr. Lewis of Georgia,
			 Mr. Pascrell,
			 Ms. Schwartz,
			 Mr. Space,
			 Mr. Markey of Massachusetts,
			 Mr. Cooper,
			 Mr. Perlmutter,
			 Mr. Braley of Iowa,
			 Mr. Blumenauer,
			 Mr. Yarmuth, and
			 Mr. Tanner) 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 concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  establish an accountable care organization pilot program to reduce the growth
		  of expenditures and improve health outcomes under the Medicare
		  Program.

		1.Short titleThis Act may be cited as the
			 Accountable Care Promotion Act of
			 2009.
		2.Accountable Care
			 Organization pilot programTitle XVIII of the Social Security Act is
			 amended by inserting after section 1866C the following new section:

				1866D.Accountable Care Organization pilot
		  program(a)In
				generalThe Secretary shall
				conduct a pilot program (in this section referred to as the pilot
				program) to test different payment incentive models, including (to the
				extent practicable) the specific payment incentive models described in
				subsection (c), designed to reduce the growth of expenditures and improve
				health outcomes in the provision of items and services under this title to
				applicable beneficiaries (as defined in subsection (d)) by qualifying
				accountable care organizations (as defined in subsection (b)(1)) in order
				to—
						(1)promote accountability for a patient
				population and coordinate items and services under parts A and B;
						(2)encourage
				investment in infrastructure and redesigned care processes for high quality and
				efficient service delivery; and
						(3)reward physician
				practices for the provision of high quality and efficient health care
				services.
						(b)Qualifying
				Accountable care organizations (ACOs)
						(1)Qualifying ACO
				defined
							(A)In
				generalIn this section, the terms qualifying accountable
				care organization and qualifying ACO mean a group of
				physicians that—
								(i)is
				organized at least in part for the purpose of providing physicians’ services;
				and
								(ii)meets such criteria as the Secretary
				determines to be appropriate to participate in the pilot program, including the
				criteria specified in paragraph (2).
								(B)Inclusion of
				other providersNothing in this subsection shall be construed as
				preventing a qualifying ACO from including a hospital or any other provider of
				services or supplier furnishing items or services for which payment may be made
				under this title that is affiliated with the ACO under an arrangement
				structured so that such provider or supplier participates in the pilot program
				and shares in any incentive payments under the pilot program.
							(C)PhysicianIn this section, the term
				physician includes, except as the Secretary may otherwise provide,
				any individual who furnishes services for which payment may be made as
				physicians’ services.
							(D)Other
				servicesNothing in this
				paragraph shall be construed as preventing a qualifying ACO from furnishing
				items or services, for which payment may not made under this title, for
				purposes of achieving performance goals under the pilot program.
							(2)Qualifying
				criteriaThe following are
				criteria described in this paragraph for an organized group of physicians to be
				a qualifying ACO:
							(A)The group has a
				legal structure that would allow the group to receive and distribute incentive
				payments under this section.
							(B)The group includes a sufficient number of
				primary care physicians for the applicable beneficiaries for whose care the
				group is accountable (as determined by the Secretary).
							(C)The group is comprised of only
				participating physicians.
							(D)The group reports on quality measures in
				such form, manner, and frequency as specified by the Secretary (which may be
				for the group, for providers of services and suppliers, or both).
							(E)The group reports
				to the Secretary (in a form, manner, and frequency as specified by the
				Secretary) such data as the Secretary determines appropriate to monitor and
				evaluate the pilot program.
							(F)The group provides notice to applicable
				beneficiaries regarding the pilot program (as determined appropriate by the
				Secretary).
							(G)The group contributes to a best practices
				network or website, that shall be maintained by the Secretary for the purpose
				of sharing strategies on quality improvement, care coordination, and efficiency
				that the groups believe are effective.
							(H)The group utilizes patient-centered
				processes of care, including those that emphasize patient and caregiver
				involvement in planning and monitoring of ongoing care management plan.
							(I)The group meets
				other criteria determined to be appropriate by the Secretary.
							(c)Specific payment
				incentive modelsThe specific
				payment incentive models described in this subsection are the following:
						(1)Performance
				target modelUnder the
				performance target model under this paragraph (in this paragraph referred to as
				the performance target model):
							(A)In
				generalA qualifying ACO qualifies to receive an incentive
				payment if expenditures for applicable beneficiaries are less than a target
				spending level or a target rate of growth. The incentive payment shall be made
				only if savings are greater than would result from normal variation in
				expenditures for items and services covered under parts A and B.
							(B)Computation of
				performance target
								(i)In
				generalThe Secretary shall
				establish a performance target for each qualifying ACO comprised of a base
				amount (described in clause (ii)) increased to the current year by an
				adjustment factor (described in clause (iii)). Such a target may be established
				on a per capita basis, as the Secretary determines to be appropriate.
								(ii)Base
				amountFor purposes of clause
				(i), the base amount in this subparagraph is equal to the average total
				payments (or allowed charges) under parts A and B (and may include part D, if
				the Secretary determines appropriate) for applicable beneficiaries for whom the
				qualifying ACO furnishes items and services in a base period determined by the
				Secretary. Such base amount may be determined on a per capita basis.
								(iii)Adjustment
				factorFor purposes of clause
				(i), the adjustment factor in this clause may equal an annual per capita amount
				that reflects changes in expenditures from the period of the base amount to the
				current year that would represent an appropriate performance target for
				applicable beneficiaries (as determined by the Secretary). Such adjustment
				factor may be determined as an amount or rate, may be determined on a national,
				regional, local, or organization-specific basis, and may be determined on a per
				capita basis. Such adjustment factor also may be adjusted for risk as
				determined appropriate by the Secretary.
								(iv)RebasingUnder
				this model the Secretary shall periodically rebase the base expenditure amount
				described in clause (ii).
								(C)Meeting
				target
								(i)In
				generalSubject to clause
				(ii), a qualifying ACO that meet or exceeds annual quality and performance
				targets for a year shall receive an incentive payment for such year equal to a
				portion (as determined appropriate by the Secretary) of the amount by which
				payments under this title for such year relative are estimated to be below the
				performance target for such year, as determined by the Secretary. The Secretary
				may establish a cap on incentive payments for a year for a qualifying
				ACO.
								(ii)LimitationThe Secretary shall limit incentive
				payments to each qualifying ACO under this paragraph as necessary to ensure
				that the aggregate expenditures with respect to applicable beneficiaries for
				such ACOs under this title inclusive of incentive payments described in this
				subparagraph do not exceed the amount that the Secretary estimates would be
				expended for such ACO for such beneficiaries if the pilot program under this
				section were not implemented.
								(D)Reporting and
				other requirementsIn carrying out such model, the Secretary may
				(as the Secretary determines to be appropriate) incorporate reporting
				requirements, incentive payments, and penalties related to the physician
				quality reporting initiative (PQRI), electronic prescribing, electronic health
				records, and other similar initiatives under section 1848, and may use
				alternative criteria than would otherwise apply under such section for
				determining whether to make such payments. The incentive payments described in
				this subparagraph shall not be included in the limit described in subparagraph
				(C)(ii) or in the performance target model described in this paragraph.
							(2)Partial
				capitation model
							(A)In
				generalSubject to
				subparagraph (B), a partial capitation model described in this paragraph (in
				this paragraph referred to as a partial capitation model) is a
				model in which a qualifying ACO would be at financial risk for some, but not
				all, of the items and services covered under parts A and B, such as at risk for
				some or all physicians’ services or all items and services under part B. The
				Secretary may limit a partial capitation model to ACOs that are highly
				integrated systems of care and to ACOs capable of bearing risk, as determined
				to be appropriate by the Secretary.
							(B)No additional
				program expendituresPayments
				to a qualifying ACO for applicable beneficiaries for a year under the partial
				capitation model shall be established in a manner that does not result in
				spending more for such ACO for such beneficiaries than would otherwise be
				expended for such ACO for such beneficiaries for such year if the pilot program
				were not implemented, as estimated by the Secretary.
							(3)Other payment
				models
							(A)In
				generalSubject to subparagraph (B), the Secretary may develop
				other payment models that meet the goals of this pilot program to improve
				quality and efficiency.
							(B)No additional
				program expendituresSubparagraph (B) of paragraph (2) shall
				apply to a payment model under subparagraph (A) in a similar manner as such
				subparagraph (B) applies to the payment model under paragraph (2).
							(d)Applicable
				beneficiaries
						(1)In
				generalIn this section, the term ‘applicable beneficiary’ means,
				with respect to a qualifying ACO, an individual who—
							(A)is enrolled under
				part B and entitled to benefits under part A;
							(B)is not enrolled in
				a Medicare Advantage plan under part C or a PACE program under section 1894;
				and
							(C)meets such other
				criteria as the Secretary determines appropriate, which may include criteria
				relating to frequency of contact with physicians in the ACO.
							(2)Following
				applicable beneficiariesThe
				Secretary may monitor data on expenditures and quality of services under this
				title after an applicable beneficiary discontinues receiving services under
				this title through a qualifying ACO.
						(e)Implementation
						(1)Starting
				dateThe pilot program shall
				begin no later than January 1, 2011. An agreement with a qualifying ACO under
				the pilot program may cover a multi-year period of between 3 and 5
				years.
						(2)WaiverThe
				Secretary may waive such provisions of this title and title XI as the Secretary
				determines necessary in order implement the pilot program.
						(3)Performance
				results reportsThe Secretary
				shall report performance results to qualifying ACOs under the pilot program at
				least annually.
						(4)Limitations on
				reviewThere shall be no administrative or judicial review under
				section 1869, section 1878, or otherwise of—
							(A)the elements,
				parameters, scope, and duration of the pilot program;
							(B)the selection of qualifying ACOs for the
				pilot program;
							(C)the establishment
				of targets, measurement of performance, determinations with respect to whether
				savings have been achieved and the amount of savings;
							(D)determinations
				regarding whether, to whom, and in what amounts incentive payments are paid;
				and
							(E)decisions about
				the extension of the program under subsection (g), expansion of the program
				under subsection (h) or extensions under subsection (i).
							(5)AdministrationChapter
				35 of title 44, United States Code shall not apply to this section.
						(f)EvaluationThe Secretary shall evaluate the payment
				incentive model for each qualifying ACO under the pilot program to assess
				impacts on beneficiaries, providers of services, suppliers and the program
				under this title. The Secretary shall make such evaluation publicly available
				within 60 days of the date of completion of such report.
					(g)Extension of
				pilot agreement with successful organizations
						(1)Reports to
				congressNot later than 2 years after the date the first
				agreement is entered into under this section, and biennially thereafter for six
				years, the Secretary shall report to Congress on the use of authorities under
				the pilot program. Each report shall address the impact of the use of those
				authorities on expenditures, access, and quality under this title.
						(2)ExtensionSubject to the monitoring described in
				paragraph (1), with respect to a qualifying ACO, the Secretary may extend the
				duration of the agreement for such ACO under the pilot program as the Secretary
				determines appropriate if—
							(A)the ACO receives
				incentive payments with respect to any of the first 4 years of the pilot
				agreement and is consistently meeting quality standards; or
							(B)the ACO is
				consistently exceeding quality standards and is not increasing spending under
				the program.
							(3)TerminationThe Secretary may terminate an agreement
				with a qualifying ACO under the pilot program if such ACO did not receive
				incentive payments or consistently failed to meet quality standards in any of
				the first 3 years under the program.
						(h)Expansion to
				additional ACOs
						(1)Testing and
				refinement of payment incentive modelsSubject to the evaluation
				described in subsection (f), the Secretary may enter into agreements under the
				pilot program with additional qualifying ACOs to further test and refine
				payment incentive models with respect to qualifying ACOs.
						(2)Expanding use of
				successful models to program implementation
							(A)In
				generalSubject to subparagraph (B), the Secretary may issue
				regulations to implement, on a permanent basis, the components of the pilot
				program that are beneficial to the program under this title, as determined by
				the Secretary.
							(B)CertificationThe
				Chief Actuary of the Centers for Medicare & Medicaid Services shall certify
				that the expansion of the components of the program described in subparagraph
				(A) would result in estimated spending that would be less than what spending
				would otherwise be estimated to be in the absence of such expansion.
							(i)Treatment of
				physician group practice demonstration
						(1)ExtensionThe
				Secretary may enter in to an agreement with a qualifying ACO under the
				demonstration under section 1866A, subject to rebasing and other modifications
				deemed appropriate by the Secretary, until the pilot program under this section
				is operational.
						(2)TransitionFor
				purposes of extension of an agreement with a qualifying ACO under subsection
				(g)(2), the Secretary shall treat receipt of an incentive payment for a year by
				an organization under the physician group practice demonstration pursuant to
				section 1866A as a year for which an incentive payment is made under such
				subsection, as long as such practice group practice organization meets the
				criteria under subsection (b)(2).
						(j)Additional
				provisions
						(1)Authority for
				separate incentive arrangementsThe Secretary may create separate incentive
				arrangements (including using multiple years of data, varying thresholds,
				varying shared savings amounts, and varying shared savings limits) for
				different categories of qualifying ACOs to reflect natural variations in data
				availability, variation in average annual attributable expenditures, program
				integrity, and other matters the Secretary deems appropriate.
						(2)Eligibility for
				medical home bonus paymentsA
				qualifying ACO shall be eligible for bonus or incentive payments for provision
				of a medical home (or similar model of care delivery) under section 204 of the
				Medicare Improvement and Extension Act of 2006 (division B of Public Law
				109–432) in the same manner as health care providers participating in the ACO
				are so eligible.
						(3)Encouragement of
				participation of smaller organizationsIn order to encourage the participation of
				smaller accountable care organizations under the pilot program, the Secretary
				may limit a qualifying ACO’s exposure to high cost patients under the
				program.
						(4)Involvement in
				private pay arrangementsNothing in this section shall be construed
				as preventing qualifying ACOs participating in the pilot program from
				negotiating similar contracts with private payers.
						(5)Antidiscrimination
				limitationThe Secretary shall not enter into an agreement with
				an entity to provide health care items or services under the pilot program, or
				with an entity to administer the program, unless such entity guarantees that it
				will not deny, limit, or condition the coverage or provision of benefits under
				the program, for individuals eligible to be enrolled under such program, based
				on any health status-related factor described in section 2702(a)(1) of the
				Public Health Service
				Act.
						.


115 HR 6972 IH: Consumers First Act
U.S. House of Representatives
2018-09-28
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.

I115th CONGRESS2d SessionH. R. 6972IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2018Ms. Maxine Waters of California (for herself, Mrs. Carolyn B. Maloney of New York, Mr. Clay, Mr. Al Green of Texas, Ms. Moore, and Mr. Cleaver) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Consumer Financial Protection Bureau to meet its statutory purpose, and for other
			 purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Consumers First Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings; sense of Congress.
					Sec. 3. Consumer Financial Protection Bureau.
					Sec. 4. Conforming amendments.
					Sec. 5. Executive and administration powers.
					Sec. 6. Offices of the Consumer Financial Protection Bureau.
					Sec. 7. Consumer Advisory Board reforms.
					Sec. 8. Investigation of the Consumer Financial Protection Bureau’s Oversight of Student Lending.
					Sec. 9. Effective date.

			2.Findings; sense of Congress
 (a)FindingsThe Congress finds the following: (1)The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203) (Dodd-Frank), was signed into law on July 21, 2010, in order to, among other things, advance the goals of protecting consumers from unfair, deceptive and abusive financial services practices and products that led to the 2008 financial crisis.
 (2)Title X of Dodd-Frank established a new Federal independent watchdog, commonly known as the Consumer Financial Protection Bureau (Consumer Bureau), with broad authority to ensure all hardworking American consumers are given clear, accurate information that they need to shop for mortgages, credit cards, and other consumer financial products or services and to protect consumers from hidden fees, abusive terms and other unfair, deceptive, or abusive practices through strong enforcement of Federal consumer financial laws.
 (3)Before the Consumer Bureau was established, Federal financial regulators were tasked with the dual responsibilities of supervising institutions for safety and soundness and compliance with consumer protections under Federal consumer financial laws. These agencies often prioritized the profitability of their regulated entities over the protection of consumers, even when institutions were found to have engaged in practices detrimental to their own customers’ financial well-being.
 (4)Congress purposefully created the independent Consumer Bureau within the Federal Reserve System to address past regulatory gaps in our country’s financial services regulatory regime, in which Federal financial regulators were too reluctant to exercise their rulemaking and enforcement authorities to protect consumers from the misdeeds of their regulated entities, that resulted in the most severe global financial crisis since the Great Depression. In doing so, Congress explicitly laid out in statute the Consumer Bureau’s purpose, five objectives, and six primary functions. Specifically:
 (A)Section 1021(a) of Dodd-Frank states that the Consumer Bureau, shall seek to implement and, where applicable, enforce Federal consumer financial law consistently for the purpose of ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive.
 (B)Section 1021(b) of Dodd-Frank authorizes the Consumer Bureau, to exercise its authorities under Federal consumer financial law for the purposes of ensuring that, with respect to consumer financial products and services—(1) consumers are provided with timely and understandable information to make responsible decisions about financial transactions; (2) consumers are protected from unfair, deceptive, or abusive acts and practices and from discrimination; (3) outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens; (4) Federal consumer financial law is enforced consistently, without regard to the status of a person as a depository institution, in order to promote fair competition; and (5) markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation..
 (C)Section 1021(c) of Dodd-Frank establishes the primary functions of the Consumer Bureau to be, (1) conducting financial education programs; (2) collecting, investigating, and responding to consumer complaints; (3) collecting, researching, monitoring, and publishing information relevant to the functioning of markets for consumer financial products and services to identify risks to consumers and the proper functioning of such markets; (4) subject to sections 1024 through 1026, supervising covered persons for compliance with Federal consumer financial law, and taking appropriate enforcement action to address violations of Federal consumer financial law; (5) issuing rules, orders, and guidance implementing Federal consumer financial law; and (6) performing such support activities as may be necessary or useful to facilitate the other functions of the Bureau..
 (5)Under Dodd-Frank, the Deputy Director of the Consumer Bureau shall serve as the Acting Director in the absence or unavailability of the Director, until the President appoints and the Senate confirms a new Director. Despite the clear legislative history underscoring the importance of having an independent Federal agency and the plain letter of the law establishing a succession order to fill a vacancy in the Director’s position, when the Consumer Bureau Director Richard Cordray resigned in November 2017, President Trump refused to recognize the Deputy Director as the rightful head of the agency and instead unlawfully installed Mr. Mick Mulvaney, the Director of the White House Office of Management and Budget, to serve as the Consumer Bureau’s Acting Director. This appointment of a White House cabinet official to run the Consumer Bureau raises profound conflict of interest questions and undermines the vital independent nature of the agency.
 (6)In addition to the illegality of Mr. Mulvaney’s appointment, there is another problem. The position of an Acting Director is, by its nature, still intended to be a temporary assignment to maintain the status quo at an agency, until the President appoints and the Senate confirms, a permanent Director. Nevertheless, Mr. Mulvaney’s temporary status leading the agency has been characterized by drastic and severe changes of the Consumer Bureau’s daily operations and priorities.
 (7)The daily operations of a Federal agency are guided by its official mission contained in its long-term strategic plan. The Consumer Bureau’s mission should embrace both the spirit and letter of the law, by fully recognizing the agency’s statutory purpose, objectives, and functions. It is troubling that the Consumer Bureau, under its new Trump Administration appointed leadership, issued a Strategic Plan for Fiscal Year (FY) 2018–FY 2022, that appears to deemphasize the core mandate under section 1021(a) of Dodd-Frank to, enforce Federal consumer financial law consistently for the purpose of ensuring that all consumers have access to markets for consumer financial products and services, by not referencing the importance of enforcement in its mission. Instead, it emphasizes financial education by stating that the agency’s new mission is merely, [t]o regulate the offering and provision of consumer financial products or services under the Federal consumer financial laws and to educate and empower consumers to make better informed financial institutions. This is in stark contrast from the Consumer Bureau’s Strategic Plan for FY 2013–FY 2017, which had an agency’s mission of helping, consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives (emphasis added).
 (8)Mr. Mulvaney has been praised by the White House for his efforts to undermine the Consumer Bureau, even with one anonymous advisor acknowledging in a July 24, 2018, Politico article that, His mission was to blow that up, which he has. He is very well-suited to the chaos.. Mr. Mulvaney’s misguided actions have included, among other things—
 (A)stopping payments from the Civil Penalty Fund to harmed consumers; (B)trying to unjustifiably reduce the Consumer Bureau’s funding by initially requesting $0 be transferred from the Federal Reserve Board of Governors to carry out the agency’s work and by arbitrarily directing staff to cut the agency’s budget by one-fifth;
 (C)politicizing the work of the Consumer Bureau by making unusual efforts to fill the independent agency with political appointees;
 (D)dropping existing lawsuits and investigations into abusive payday lenders; (E)stripping away the enforcement powers of the Office of Fair Lending and Equal Opportunity;
 (F)changing the role of the Office of Students and Young Consumers and, according to an August 27, 2018, resignation letter from Seth Frotman, the Consumer Bureau’s former Assistant Director and Student Loan Ombudsman, when new evidence came to light showing that the nation's largest banks were ripping off students on campuses across the country by saddling them with legally dubious account fees, Bureau leadership suppressed the publication of a report prepared by Bureau staff;
 (G)abandoning the accepted and efficient practice of having its examiners review, as part of their routine examinations, creditors’ compliance with the Military Lending Act in order to ensure the detection and assessment of risky activities that could jeopardize vital protections provided to active-duty servicemembers and their families;
 (H)creating an Office of Cost Benefit Analysis that prioritizes businesses’ expenses over harm caused to consumers, and unduly constrains oversight of the Consumer Bureau’s regulated entities;
 (I)freezing data collection to the detriment of supervision and enforcement; (J)seeking to block the publication of the nature of consumers’ complaints and how entities resolved them in the publicly available and transparent Consumer Complaint Database; and
 (K)restricting key input and feedback from a wide range of external stakeholders by effectively terminating members’ positions on three advisory boards, including the statutorily mandated Consumer Advisory Board.
 (9)The new leadership of the Consumer Bureau’s repeated attempts to hamstring the good work and the capacity of dedicated professional, career Consumer Bureau staff to hold bad actors accountable for their misdeeds will inevitably harm consumers and distort the functioning of fair and competitive consumer marketplaces, and nonsensically repeats the mistakes made by the Federal financial regulators that contributed to the global financial crisis.
 (10)Despite the fact that the agency has been referred to as the Consumer Financial Protection Bureau since it opened its doors over seven years ago, its new political leadership also opted to change the agency’s well-known name. Although this decision is supposedly intended to ensure that the agency is in compliance with Dodd-Frank, when this change is viewed in conjunction with the other detrimental actions to undermine the effectiveness of the agency, it can only be interpreted as an attempt to reduce the public’s awareness of, and significant support for, the agency’s role as the top Federal consumer cop as well as to obscure the public’s ability to identify easily the appropriate Federal agency to contact when faced with predatory behavior by financial actors. As such, while some may view this particular decision as minor, the action serves as an important symbolic, and literal, maneuver by the Trump Administration, through its unlawful appointment of Mr. Mulvaney, to diminish and undermine the consumer-focused mission of the Consumer Bureau.
 (11)Dodd-Frank gives the Director of the Consumer Bureau broad administrative and executive powers to, among other things: fix the number of, and appoint and direct, all employees of the agency; direct the establishment and maintenance of divisions or other offices within the agency; determine the character of, and the necessity for, the obligations and expenditure of funds; and the use and expenditure of funds. These powers, however, are required to be exercised in a manner consistent with carrying out the responsibilities under Title X of Dodd-Frank, which includes complying with the enumerated Federal consumer financial laws under the Title, and satisfying the obligations in other applicable laws. The new politically controlled leadership’s destructive actions have demonstrated the need for legislation to reorient the Director’s discretionary authority to ensure the maintenance of all statutorily mandated policies, functions, and offices of the Consumer Bureau regardless of who is leading the agency.
 (b)Sense of CongressThe following is the sense of Congress: (1)The Consumer Financial Protection Bureau should meet its statutory purpose in a transparent and accountable manner by operating in a way that is consistent with both the spirit and letter of the law, which dictates that the agency’s mission should fully reflect the agency’s statutory purpose, objectives, and functions.
 (2)Dodd-Frank underscores that the agency is designed to serve as an independent Federal agency that is primarily focused on the protection of all consumers, without any undue influence of partisan whims and special industry interests, in carrying out its responsibilities and duties.
 (3)The official name of the agency should be consistent with this mandate and should, figuratively and literally, put Consumers first by reverting to its better-known name as the Consumer Financial Protection Bureau.
 (4)The statute establishing the Consumer Bureau has been grossly misinterpreted under the new political leadership, in a manner that is inconsistent with the agency’s statutory purpose, objectives, and functions, with just one example of which is Mr. Mulvaney’s inane suggestion that the statutory requirement for the Director to appear before relevant Congressional Committees to discuss its semi-annual reports could be interpreted as requiring the Director merely to attend a hearing and not answer questions, despite the well-established interpretation of similar statutory requirement for the Chair of the Federal Reserve Board of Governors to appear before the House Financial Services Committee and the Senate Banking, Housing, and Urban Affairs Committee on a semi-annual basis about the monetary policy report, as required by the Humphrey-Hawkins Full Employment Act. In the face of such blatant, and disrespectful, attempts to warp the authorizing and oversight role of the first branch of the Federal government—the United States Congress—by the Trump Administration, Congress must, in this instance, now refine the Consumer Bureau’s authority to ensure that the vital role that the Consumer Bureau should be playing within the country’s financial regulatory regime is not effectively destroyed by the agency’s current leadership.
 (5)While the legislation is a direct response to address many of the misguided decisions that have been orchestrated by the new political leadership at the Consumer Bureau that have been exposed to the public, as of the date of the bill’s introduction, and sharply criticized by numerous Federal and state officials, including law enforcement, as well as organizations representing servicemembers, senior citizens, and other vulnerable consumer populations, this legislation should not be viewed as an exhaustive list to fix all the damaging actions that may have otherwise occurred at this agency since the departure of former Director Cordray in November 2017, particularly since detailed information revealing the full scope, nature, and extent of the current flawed operation of the agency, and the adverse impact resulting from these actions, may not yet be publicly available. Rather, this legislation should be interpreted as an attempt to highlight, and resolve, a small sample of some of the publicly known egregious statements, decisions, and actions that have occurred during the disastrous tenure of the new political leadership at the agency.
				3.Consumer Financial Protection Bureau
 (a)In generalSection 1011(a) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491(a)) is amended by striking Bureau of Consumer Financial Protection and inserting Consumer Financial Protection Bureau.
 (b)Deeming of nameAny reference in any law, regulation, document, record, or other paper of the United States to the Bureau of Consumer Financial Protection shall be deemed a reference to the Consumer Financial Protection Bureau. (c)Name use requirementSection 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491) is amended by adding at the end the following:

 (f)Name use requirementThe Consumer Financial Protection Bureau shall refer to itself in any public communication, including on any website, as the Consumer Financial Protection Bureau, Consumer Bureau, or the CFPB..
			4.Conforming amendments
 (a)In generalThe Acts described under subsection (b) are amended— (1)by striking Bureau of Consumer Financial Protection each place such term appears and inserting Consumer Financial Protection Bureau; and
 (2)by striking Bureau each place such term appears (where such term is a reference to the Bureau of Consumer Financial Protection but is not part of such term) and inserting Consumer Bureau.
 (b)Acts To conformThe Acts described in this subsection are as follows: (1)The Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et seq.).
 (2)The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.). (3)The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
 (4)The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.). (5)The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.).
 (6)The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3201 et seq.). (7)The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note et seq.).
 (8)The Financial Literacy and Education Improvement Act (20 U.S.C. 9701 et seq.). (9)The Gramm-Leach-Bliley Act (12 U.S.C. 1811 note et seq.).
 (10)The Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.). (11)The Homeowners Protection Act of 1998 (12 U.S.C. 4901 et seq.).
 (12)The Inspector General Act of 1978 (5 U.S.C. App 2). (13)The Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.).
 (14)The Omnibus Appropriations Act, 2009 (Public Law 111–8). (15)The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.).
 (16)Title LXII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.). (17)The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.).
 (18)The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.). (19)The Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.).
 (20)Title 5, United States Code. (21)Title 10, United States Code.
 (22)Title 44, United States Code. 5.Executive and administration powers (a)Office ResponsibilitiesSection 1012 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5492) is amended—
 (1)by redesignating subsection (c) as subsection (d); and (2)by inserting after subsection (b) the following:

 (c)Office ResponsibilitiesNotwithstanding subsections (a) and (b), section 1013(a), and any other provision of law, with respect to the specific functional units and offices described under subsections (b), (c), (d), (e), (g), and (h) of section 1013 and the advisory boards described under section 1014, the Director—
 (1)shall ensure that such functional units, offices, and boards perform the functions, duties, and coordination assigned to them under the applicable provision of section 1013 or 1014; and
 (2)may not reorganize or rename such units, offices, and boards in a manner not provided for under the applicable provision of section 1013 or 1014..
 (b)Duty To provide adequate staffingSection 1013(a)(1) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(a)(1)) is amended by adding at the end the following:

 (D)Duty to provide adequate staffingThe Director shall ensure that the specific functional units and offices described under subsections (b), (c), (d), (e), (g), and (h) of section 1013, as well as other units and offices with supervisory and enforcement duties, are provided with sufficient staff to carry out the functions, duties, and coordination of those units and offices..
 (c)Limitation on political appointeesSection 1013(a)(1) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(a)(1)) is amended by adding at the end the following:

					(D)Limitation on political appointees
 (i)In generalIn appointing employees of the Consumer Bureau who are political appointees, the Director shall ensure that the number and duties of such political appointees are as similar as possible to those of the other Federal primary financial regulatory agencies.
 (ii)Political appointees definedFor purposes of this subparagraph, the term political appointee means an employee who holds— (I)a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character;
 (II)a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5, United States Code); or
 (III)a position under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code)..
			(d)Public availability of complaint information
 (1)In generalSection 1013(b)(3) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(3)) is amended—
 (A)in subparagraph (A)— (i)by inserting publicly available before website;
 (ii)by inserting publicly available before database, each place such term appears; and (iii)by adding at the end the following: The Director shall ensure that the landing page of the main website of the Consumer Bureau contains a clear and conspicuous hyperlink to the consumer complaint database described in this subparagraph and shall ensure that such database is user-friendly and in plain writing (as such term is defined in the Plain Writing Act of 2010). The Director shall ensure that all information on the website or the database that explains how to file a complaint with the Consumer Bureau, as well as all reports of the Consumer Bureau with respect to information contained in the database, shall be provided in each of the 5 most commonly spoken languages, other than English, in the United States, as determined by the Bureau of the Census on an ongoing basis, and in formats accessible to individuals with hearing or vision impairments.; and
 (B)by adding at the end the following:  (E)Public availability of information (i)In generalThe Director shall—
 (I)make all consumer complaints available to the public on a website of the Consumer Bureau; (II)place a clear and conspicuous hyperlink on the landing page of the main website of the Consumer Bureau to the website described under subclause (I); and
 (III)ensure that such website— (aa)is searchable and sortable by both consumer financial product or service and by covered person; and
 (bb)is user-friendly and written in plain language. (ii)Inclusion of complaints submitted with inquiriesFor purposes of clause (i), in addition to all complaints described under subparagraph (A), consumer complaints shall include any complaints submitted with, or as part of, an inquiry described under section 1034.
 (iii)Removal of personally identifiable informationIn making the information described under clause (i) available to the public, the Director shall remove all personally identifiable information..
 (2)Rule of constructionThe Director of the Consumer Financial Protection Bureau shall ensure that the database and website described under section 1013(b)(3) of the Consumer Financial Protection Act of 2010 have, at a minimum, the same availability, transparency, and functionality that such database and website had prior to November 24, 2017.
				(e)Memoranda of understanding
 (1)Reestablishment of memoranda of understandingThe memoranda of understanding between the Consumer Financial Protection Bureau and the Department of Education titled Memorandum of Understanding Between the Bureau of Consumer Financial Protection and the U.S. Department of Education Concerning the Sharing of Information (October 19, 2011) and Memorandum of Understanding Concerning Supervisory and Oversight Cooperation and Related Information Sharing Between the U.S. Department of Education and the Consumer Financial Protection Bureau (January 9, 2014)—
 (A)shall remain in effect and may not be terminated by any party to such memorandums; and (B)may only be amended or revised if the parties to the memoranda determine that such amendment or revision would promote better interagency coordination to the benefit of consumers.
 (2)Report on current MOUsNot later than the end of the 30-day period beginning on the date of enactment of this Act, the Director of the Consumer Financial Protection Bureau shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate listing—
 (A)each memorandum of understanding in effect with the Consumer Bureau on November 24, 2017; (B)any changes made to such a memorandum of understanding since such date, including any memorandum of understanding rescinded since such date; and
 (C)a justification for each such change or rescission. (3)Semi-annual report on MOUsSection 1016(c) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5496(c)) is amended—
 (A)in paragraph (8), by striking and at the end; (B)in paragraph (9), by striking the period and inserting a semicolon; and
 (C)by adding at the end the following:  (10)a list of each memorandum of understanding in effect with the Consumer Bureau, any changes made to a memorandum of understanding since the last report was made under subsection (b), and a justification for each such change;.
					6.Offices of the Consumer Financial Protection Bureau
 (a)Clarification of the duties of the Office of Fair Lending and Equal OpportunitySection 1013(c)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(c)(2)) is amended—
 (1)by striking Office of Fair Lending and Equal Opportunity shall have such powers and duties as the Director may delegate to the Office, including and inserting powers and duties of the Office of Fair Lending and Equal Opportunity shall include;
 (2)in subparagraph (C), by striking and at the end; (3)in subparagraph (D), by striking the period and inserting a semicolon; and
 (4)by adding at the end the following:  (E)implementing the Consumer Bureau’s enforcement and supervisory authority with respect to fair lending laws; and
 (F)such additional powers and duties as the Director may determine appropriate.. (b)Office of Students and Young Consumers (1)In generalSection 1013 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493) is amended—
 (A)by redesignating subsection (h) as subsection (i); and (B)by inserting after subsection (g) the following:

							(h)Office of Students and Young Consumers
 (1)In generalThe Director shall, not later than the end of the 60-day period beginning on the date of enactment of this section, establish an Office of Students and Young Consumers, which shall work to empower students, young people, and their families to make more informed financial decisions about saving and paying for college, accessing safer and more affordable financial products and services, all matters related to private education loans (as defined under section 1035(e)), and repaying student loan debt, including private education loans.
 (2)Head of the OfficeThe head of the Office of Students and Young Consumers shall be the Assistant Director and Student Loan Ombudsman, and the Assistant Director and Student Loan Ombudsman shall carry out all functions established under section 1035 through the Office of Students and Young Consumers.
 (3)Supervisory, enforcement, and regulatory mattersThe Office of Students and Young Consumers shall assist in all supervisory, enforcement, and regulatory matters of the Consumer Bureau related to the functions of the Office.
 (4)CoordinationThe Director shall enter into memoranda of understanding and similar agreements with the Department of Education and other Federal and State agencies, as appropriate, in order to carry out the business of the Office of Students and Young Consumers.
								.
					(2)Renaming and appointment clarification of the Private Education Loan Ombudsman
 (A)In generalSection 1035 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5535) is amended— (i)in the heading of the section by striking PRIVATE EDUCATION and inserting ASSISTANT DIRECTOR AND STUDENT; and
 (ii)in subsection (a), by striking The Secretary, in consultation with the Director, shall designate a Private Education Loan Ombudsman and inserting The Director shall designate an individual as the Assistant Director and Student Loan Ombudsman;
 (iii)in subsection (b), by striking The Secretary and the Director and inserting The Director; and (iv)in subsection (d)(2), by inserting the Director, before the Secretary,.
 (B)Clerical amendmentThe table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the item relating to section 1035, by striking PRIVATE EDUCATION and inserting ASSISTANT DIRECTOR AND STUDENT.
 (C)Deeming of nameAny reference in any law, regulation, document, record, or other paper of the United States to the Private Education Loan Ombudsman shall be deemed a reference to the Assistant Director and Student Loan Ombudsman. (c)Semi-Annual report to Congress on certain offices of the Consumer BureauSection 1016(c) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5496(c)), as amended by section 5(e)(3), is further amended by adding at the end the following:

 (11)with respect to each of the specific functional units and offices established under section 1013— (A)a detailed description of the activities of the unit or office since the last report was made under subsection (b); and
 (B)an analysis of the efforts of the Consumer Bureau to achieve the duties of the unit or office; and (12)with respect to each specific functional units and offices established under section 1013, as well as each other unit and office with supervisory and enforcement duties, a break down of the number of political and professional career staff assigned to and employed by each unit or office at the end of the reporting period..
 (d)Function of any unit or office established To conduct cost benefit analysisAny unit or office established to conduct cost benefit analysis within the Consumer Financial Protection Bureau shall, as its sole function, carry out the considerations required by section 1022(b)(2)(A) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512(b)(2)(A)).
			7.Consumer Advisory Board reforms
 (a)In generalSection 1014 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5496) is amended— (1)in subsection (b), by adding at the end the following: Any change to the charter for the Consumer Advisory Board affecting the membership shall not preclude prior or current members from applying for consideration to serve on a reconstituted Consumer Advisory Board.; and
 (2)in subsection (c)— (A)by striking meet from and inserting meet in person from; and
 (B)by adding at the end the following: The Consumer Bureau shall provide adequate notice to the members of the Consumer Advisory Board of the time and date of each meeting, and of any meeting cancellations.
 (b)Inclusion of the Director in meetings and access to Consumer Bureau staffSection 1014 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5496) is amended by adding at the end the following:

 (e)Inclusion of the Director in meetings and access to Consumer Bureau staffWith respect to each in person meeting of the Consumer Advisory Board— (1)the Director shall attend such meeting; and
 (2)the Director shall ensure that the members of the Consumer Advisory Board have an opportunity to meet and engage with all appropriate staff and office of the Consumer Bureau..
 (c)Treatment of members of the Consumer Advisory BoardNotwithstanding any other law— (1)any member of the Consumer Advisory Board of the Consumer Financial Protection Bureau on November 1, 2017, may continue to serve as a member of such advisory board until March 27, 2020, and may not be removed from such position by the Director of the Consumer Bureau until such date; and
 (2)any member of the Consumer Advisory Board of the Consumer Financial Protection Bureau on the date of enactment of this Act, may continue to serve as a member of such advisory board until March 27, 2020, and may not be removed from such position by the Director of the Consumer Bureau until such date.
 8.Investigation of the Consumer Financial Protection Bureau’s Oversight of Student LendingNot later than the end of the 30-day period beginning on the date of the enactment of this Act, the Director of the Consumer Financial Protection Bureau shall provide the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with all relevant final documents, draft documents, emails, and other records related to the allegations made by Assistant Director and Student Loan Ombudsman Seth Frotman in his resignation letter on August 27, 2018, including whether the political leadership of the Consumer Bureau suppressed a broader and more informative version of the Campus Banking Report publication.
 9.Effective dateThis Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, except that the Director of the Consumer Financial Protection Bureau shall have 30 days to complete any operational changes to the Consumer Bureau required by this Act or an amendment made by this Act.