		IIA
		112th CONGRESS
		1st Session
		S. J. RES. 16
		IN THE SENATE OF THE UNITED STATES

			May 25, 2011
			Mr. Paul introduced the
			 following joint resolution; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		JOINT RESOLUTION
		Declaring that the President has exceeded
		  his authority under the War Powers Resolution as it pertains to the ongoing
		  military engagement in Libya.

		Whereas Article I, Section 8 of the Constitution of the
			 United States reserves for Congress the right to declare war;
		Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.)
			 states that it is intended to fulfill the intent of the framers of the
			 Constitution of the United States in requiring the President to seek
			 the consent of Congress before the introduction of the United States Armed
			 Forces into hostile action;
		Whereas the President must seek authorization from
			 Congress prior to engaging the United States Armed Forces in an armed conflict
			 absent an imminent threat to national security;
		Whereas President Barack Obama, without seeking a formal
			 authorization from Congress, ordered the execution of a sustained military
			 engagement through the enforcement of a no-fly zone in Libya on March 19,
			 2011;
		Whereas Congress did not consider or pass a formal
			 authorization for the President to initiate military operations in
			 Libya;
		Whereas the War Powers Resolution establishes that the
			 President must notify Congress of the introduction of the United States Armed
			 Forces within 48 hours after commencing such action;
		Whereas President Obama acknowledged his obligation to
			 submit a notification of his actions in Libya under the War Powers Resolution
			 through a letter delivered on March 21, 2011, to Speaker of the House John
			 Boehner and President Pro Tempore of the Senate Daniel Inouye;
		Whereas section 8(a) the War Powers Resolution (50 U.S.C.
			 1547(a)) establishes that the President may not construe authorization from any
			 other act or treaty unless such act or treaty is implemented by
			 legislation specifically authorizing the introduction of the United States
			 Armed Forces into hostilities;
		Whereas President Obama contends that hostile engagement
			 by the military forces of the United States against the Government of Libya was
			 part of a multilateral response authorized by United Nations Security Council
			 Resolution 1973 (2011) and in consultation with the Arab League;
		Whereas section 2(c) of the War Powers Resolution (50
			 U.S.C. 1541(c)) provides that no attempt by the President to introduce the
			 United States Armed Forces into hostile action may be made under the War Powers
			 Resolution unless there is (1) a declaration of war, (2) a specific
			 authorization, or (3) a national emergency created by attack upon the United
			 States, its territories or possessions, or its armed forces;
		Whereas the Government of Libya, immediately prior to the
			 introduction of the United States Armed Forces into the conflict on March 19,
			 2011, had not attacked the United States nor declared any intent to do
			 so;
		Whereas President Obama had stated the purpose of
			 enforcing a no-fly zone over Libya was to take all necessary measures to
			 protect civilians and civilian populated areas under threat of attack in
			 Libya and not in response to any direct or immediate threat to the
			 United States;
		Whereas section 5(b) of the War Powers Resolution (50
			 U.S.C. 1544(b)) further establishes that, in absence of authorization from
			 Congress, the President may not engage the United States Armed Forces in an
			 armed conflict for a period longer than sixty calendar
			 days;
		Whereas members of the United States Armed Forces have
			 remained engaged in operations in Libya since March 19, 2011;
		Whereas, on May 20, 2011, the limit of sixty calendar days
			 placed on the President’s ability to continue engagement of the military forces
			 of the United States against the Government of Libya will have been exhausted
			 under the terms of the War Powers Resolution;
		Whereas Section 5(b) of the War Powers Resolution (50
			 U.S.C. 1544(b)) requires that within sixty calendar days … the President
			 shall terminate any use of United States Armed Forces … unless the Congress (1)
			 has declared war or has enacted a specific authorization for such use of the
			 United States Armed Forces, (2) has extended by law such sixty-day period, or
			 (3) is physically unable to meet as a result of an armed attack upon the United
			 States;
		Whereas President Obama reiterated on May 20, 2011, that
			 the military forces of the United States remain engaged in hostilities,
			 including suppression and destruction of air defenses and
			 precision strikes by unmanned aerial vehicles;
		Whereas Congress has not considered or passed a formal
			 authorization for the President to continue military operations in Libya;
			 and
		Whereas President Obama has not indicated any intent to
			 cease operations in Libya after the sixty-day limit established by the War
			 Powers Resolution: Now, therefore, be it:

		That Congress—
			(1)declares that, as
			 it pertains to the continuing armed engagement of the United States Armed
			 Forces against the Government of Libya, the President has exceeded the
			 statutory time limits placed on him by the War Powers Resolution and is
			 therefore in violation of the law; and
			(2)calls on the
			 President to—
				(A)seek a formal
			 authorization from Congress to continue the mission in Libya; or
				(B)cease armed
			 engagement against the Government of Libya until such time as further action is
			 authorized by Congress.


		I
		111th CONGRESS
		2d Session
		H. R. 6378
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Roskam introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means and
			 the Judiciary, 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 reduce waste, fraud, and abuse under the Medicare,
		  Medicaid, and CHIP programs, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Fighting Fraud and Abuse to
			 Save Taxpayers' Dollars Act or the FAST
			 Act.
			(b)Table of
			 contentsThe table of
			 contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Tracking excluded providers across State
				lines.
					Sec. 4. Access for private sector and governmental
				entities.
					Sec. 5. Liability of Medicare administrative contractors for
				claims submitted by excluded providers.
					Sec. 6. Limiting the discharge of debts in bankruptcy
				proceedings in cases where a health care provider or a supplier engages in
				fraudulent activity.
					Sec. 7. Prevention of waste, fraud, and abuse in the Medicaid
				and CHIP programs.
					Sec. 8. Illegal distribution of a Medicare, Medicaid, or CHIP
				beneficiary identification or billing privileges.
					Sec. 9. Pilot program for the use of universal product numbers
				on claim forms for reimbursement under the Medicare program.
					Sec. 10. Prohibition of inclusion of Social Security account
				numbers on Medicare cards.
					Sec. 11. Implementation.

			2.FindingsCongress makes the following
			 findings:
			(1)The Medicare
			 program loses an estimated $60,000,000,000 annually to wasted and fraudulent
			 payments.
			(2)The Medicaid
			 program also suffers from rampant fraud. As the Office of the Inspector General
			 of the Department of Health and Human Services noted in 2009, in an analysis of
			 the only source of nationwide Medicaid claims and beneficiary eligibility
			 information, the Medicaid Statistical Information System, the Federal
			 Government does not have timely, accurate, or comprehensive information
			 for fraud, waste, and abuse detection in the Medicaid program.
			(3)Absent
			 comprehensive estimates, the Medicaid program's improper payment rate may be
			 the most objective measure of taxpayer dollars lost to fraud. The national
			 average improper payment rate ranges between 8.7 percent and 10.5 percent, but
			 many States have much higher improper payment rates.
			(4)The new Federal
			 health reform law substantially expands the Medicaid program, significantly
			 changes the Medicare program, creates new mandates and regulations, and will
			 send hundreds of billions of dollars to insurance companies.
			(5)It is the duty of
			 public officials and public servants in Congress and the Administration to
			 protect the American public’s taxpayer dollars. Congress and the Administration
			 must continue to aggressively combat waste, fraud, and abuse in public health
			 care programs.
			(6)The Inspector
			 General of the Department of Health and Human Services has stated that
			 swift and effective detection of and response to waste, fraud, and abuse
			 remain an essential program integrity strategy. Furthermore, the
			 Inspector General noted that effective use of Medicare and Medicaid data
			 is critical to the success of the Government’s efforts to reduce waste, fraud,
			 and abuse.
			(7)The loss of
			 taxpayer dollars due to waste and fraud under the Medicare and Medicaid
			 programs not only threatens the financial viability of those programs, it
			 erodes the public trust. American taxpayers should not be expected to tolerate
			 rampant waste, fraud, and abuse in publicly funded health care programs.
			(8)Congress supports
			 the commitment of the Office of the Inspector General of the Department of
			 Health and Human Services to enhancing existing data analysis and mining
			 capabilities and employing advanced techniques such as predictive analytics and
			 social network analysis, to counter new and existing fraud
			 schemes.
			(9)Congress supports
			 the use of predictive modeling and other smart technologies that can transform
			 the current pay and chase payment cultures under the Medicare
			 and Medicaid programs and prevent taxpayer dollars from being lost to waste,
			 fraud, and abuse.
			3.Tracking excluded
			 providers across State lines
			(a)Greater
			 CoordinationIn order to ensure that providers of services and
			 suppliers that have operated in one State and are excluded from participation
			 in the Medicare program are unable to begin operation and participation in
			 other Federal health care programs in another State, the Secretary shall
			 provide for increased coordination between the following:
				(1)The Administrator
			 of the Centers for Medicare & Medicaid Services.
				(2)Regional offices
			 of the Centers for Medicare & Medicaid Services.
				(3)Medicare
			 administrative contractors, fiscal intermediaries, and carriers.
				(4)State health
			 agencies, State plans under title XIX of the Social Security Act (42 U.S.C.
			 1396 et seq.), State plans under title XXI of such Act (42 U.S.C. 1397aa et
			 seq.), and entities that contract with such agencies and plans, as directed by
			 the Secretary.
				(5)The Federation of
			 State Medical Boards.
				(b)Improved
			 Information Systems
				(1)In
			 generalThe Secretary shall improve information systems to allow
			 greater integration between databases under the Medicare program so
			 that—
					(A)Medicare
			 administrative contractors, fiscal intermediaries, and carriers have immediate
			 access to information identifying providers and suppliers excluded from
			 participation in the Medicare program, the Medicaid program under title XIX of
			 the Social Security Act, the State Children's Health Insurance Program under
			 title XXI of such Act, and other Federal health care programs; and
					(B)such information
			 can be shared on a real-time basis, in accordance with protocols established
			 under subsection (g)(2)—
						(i)across Federal
			 health care programs and agencies, including between the Department of Health
			 and Human Services, the Social Security Administration, the Department of
			 Veterans Affairs, the Department of Defense, the Department of Justice, and the
			 Office of Personnel Management; and
						(ii)with State health
			 agencies, State plans under title XIX of the Social Security Act (42 U.S.C.
			 1396 et seq.), State child health plans under title XXI of such Act (42 U.S.C.
			 1397aa et seq.), and entities that contract with such agencies and plans, as
			 directed by the Secretary.
						(2)Sharing of
			 information in addition to HEAT effortsThe information shared
			 under paragraph (1) shall be in addition to, and shall not replace, activities
			 of the Health Care Fraud Prevention and Enforcement Action Team (HEAT)
			 established by the Attorney General and the Department of Health and Human
			 Services.
				(3)Appropriate
			 coordinationIn implementing this subsection, the Secretary shall
			 provide for the maximum appropriate coordination with the process established
			 under section 6401(b)(2) of the Patient Protection and Affordable Care Act
			 (Public Law 111–148).
				(c)One
			 PI Database for Medicare, Medicaid, and CHIP
				(1)In
			 generalThe Secretary shall—
					(A)continue to upload
			 Medicare claims, provider, and beneficiary data into the Integrated Data
			 Repository under section 1128J(a)(1) of the Social Security Act, as added by
			 section 6402(a) of the Patient Protection and Affordable Care Act until such
			 time as the Secretary determines that the Integrated Data Repository is
			 completed; and
					(B)fully implement
			 the waste, fraud, and abuse detection solution of the Centers for Medicare
			 & Medicaid Services, called the One PI project (in this
			 subsection referred to as the project) by not later than January
			 1, 2013.
					(2)AccessThe
			 Secretary, in consultation with Inspector General of the Department of Health
			 and Human Services, may allow stakeholders who combat, or could assist in
			 combating, waste, fraud, and abuse under Federal health care programs to have
			 access to the One PI system established under the project. Such stakeholders
			 may include the Director of the Federal Bureau of Investigation, the
			 Comptroller General of the United States, Medicare administrative contractors,
			 fiscal intermediaries, and carriers.
				(d)Federal and
			 state agency access to national practitioner data bankFor
			 purposes of enhancing data sharing in order to identify programmatic weaknesses
			 and improving the timeliness of analysis and actions to prevent waste, fraud,
			 and abuse, relevant Federal and State agencies, including the Department of
			 Health and Human Services, the Department of Justice, State departments of
			 health, State Medicaid plans under title XIX of the Social Security Act, State
			 child health plans under title XXI of such Act, and State Medicaid fraud
			 control units (as described in section 1903(q) of the Social Security Act (42
			 U.S.C. 1396b(q))), shall have real-time access to the National Practitioner
			 Data Bank, as directed by the Secretary. The Secretary may, in consultation
			 with the Inspector General of the Department of Health and Human Services, give
			 such real-time access to State attorneys general and State and local law
			 enforcement agencies.
			(e)Access to claims
			 and payment databasesSection 1128J(a)(2) of the Social Security
			 Act, as added by section 6402(a) of the Patient Protection and Affordable Care
			 Act (Public Law 111–148) is amended—
				(1)by striking
			 databases.—For purposes and inserting
			 “databases.—

						(A)Access for the
				conduct of law enforcement and oversight activitiesFor
				purposes
						;
				(2)in subparagraph
			 (A), as added by paragraph (1), by inserting , including the Integrated
			 Data Repository under paragraph (1) before the period at the end;
			 and
				(3)by adding at the
			 end the following new subparagraph:

						(B)Access to reduce
				waste, fraud, and abuseFor purposes of reducing waste, fraud,
				and abuse, and to the extent consistent with applicable information, privacy,
				security, and disclosure laws, including the regulations promulgated under the
				Health Insurance Portability and Accountability Act of 1996 and section 552a of
				title 5, United States Code, and subject to any information systems security
				requirements under such laws or otherwise required by the Secretary, the
				Secretary, in consultation with the Inspector General of the Department of
				Health and Human Services, may allow State Medicaid fraud control units and
				State and local law enforcement officials to have access to claims and payment
				data of the Department of Health and Human Services and its contractors related
				to titles XVIII, XIX, and XXI, including the Integrated Data Repository under
				paragraph
				(1).
						.
				(f)Ensuring data is
			 uploaded to the IDR on a daily basisSection 1128J(a)(1) of the
			 Social Security Act, as added by section 6402(a) of the Patient Protection and
			 Affordable Care Act (Public Law 111–148) is amended by adding at the end the
			 following new subparagraph:

					(C)Uploading of
				Medicare claims data on a daily basisAll Medicare claims data
				shall be uploaded into the Integrated Data Repository on a daily
				basis.
					.
			(g)Real-Time access
			 to data
				(1)In
			 generalThe Secretary shall ensure that any data provided to an
			 entity or individual under the provisions of or amendments made by this section
			 is provided to such entity or individual on a real-time basis, in accordance
			 with protocols established by the Secretary under paragraph (2). The Secretary
			 shall consult with the Inspector General of the Department of Health and Human
			 Services prior to implementing this subsection.
				(2)Protocols
					(A)In
			 generalThe Secretary shall establish protocols to ensure the
			 secure transfer and storage of any data provided to another entity or
			 individual under the provisions of or amendments made by this section.
					(B)Consideration of
			 HHS OIG recommendationsIn establishing protocols under
			 subparagraph (A), the Secretary shall take into account recommendations
			 submitted to the Secretary by the Inspector General of the Department of Health
			 and Human Services with respect to the secure transfer and storage of such
			 data.
					(h)GAO study and
			 report on use of Federation of State Medical Boards To strengthen enrollment
			 integrity processes
				(1)StudyThe
			 Comptroller General of the United States shall, in consultation with the
			 Federation of State Medical Boards, conduct a study on whether and, if so, to
			 what degree, such Federation may be useful to the Secretary in further
			 strengthening the integrity of processes for enrolling providers of services
			 and suppliers under Federal health care programs.
				(2)ReportNot
			 later than 1 year after the date of enactment of this Act, the Comptroller
			 General of the United States shall submit to Congress a report containing the
			 results of the study conducted under paragraph (1), together with
			 recommendations for such legislation and administrative action as the
			 Comptroller General determines appropriate.
				(i)DefinitionsIn this section:
				(1)AdministratorThe
			 term Administrator means the Administrator of the Centers for
			 Medicare & Medicaid Services.
				(2)CHIPThe
			 term CHIP means the State Children's Health Insurance Program
			 under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
				(3)Federal health
			 care programThe term Federal health care program
			 has the meaning given such term in section 1128B(f) of the Social Security Act
			 (42 U.S.C. 1320a–7b(f)).
				(4)HHS
			 OIGThe term HHS
			 OIG means the Inspector General of the Department of Health and Human
			 Services.
				(5)Medicare
			 administrative contractors, fiscal intermediaries, and
			 carriersThe term Medicare administrative contractors,
			 fiscal intermediaries, and carriers includes zone program integrity
			 contractors, program safeguard or integrity contractors, recovery audit
			 contractors under section 1893(h) of the Social Security Act (42 U.S.C.
			 1395ddd(h)), and special investigative units at Medicare contractors (as
			 defined in section 1889(g) of the Social Security Act (42 U.S.C.
			 1395zz(g))).
				(6)Medicare
			 programThe term Medicare program means the program
			 under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
				(7)Provider of
			 servicesThe term provider of services has the
			 meaning given such term in section 1861(u) of the Social Security Act (42
			 U.S.C. 1395x(u)).
				(8)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				(9)StateThe
			 term State includes the District of Columbia, the Commonwealth of
			 Puerto Rico, the Virgin Islands, Guam, and American Samoa.
				(10)SupplierThe
			 term supplier has the meaning given such term in section 1861(d)
			 of the Social Security Act (42 U.S.C. 1395x(d)).
				4.Access for
			 private sector and governmental entities
			(a)In
			 GeneralTitle XI of the Social Security Act (42 U.S.C. 1301 et
			 seq.), as amended by section 6402(a) of the Patient Protection and Affordable
			 Care Act (Public Law 111–148), is amended by inserting after section 1128J the
			 following new section:

					1128K.Expanded access to the national practitioner data
		  bank(a)Expanded
				access
							(1)In
				generalThe information in
				the National Practitioner Data Bank established pursuant to the Health Care
				Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.) may be made available
				on a real-time basis, in accordance with protocols established by the Secretary
				under subsection (b), to—
								(A)Federal and State
				government agencies and health plans, commercial health plans, and any health
				care provider, supplier, or practitioner entering an employment or contractual
				relationship with an individual or entity who has been subject to a final
				adverse action in the past 10 years, where the contract involves the furnishing
				of items or services reimbursed by one or more Federal health care programs
				(regardless of whether the individual or entity is paid by the programs
				directly, or whether the items or services are reimbursed directly or
				indirectly through the claims of a direct provider); and
								(B)utilization and
				quality control peer review organizations and accreditation entities as defined
				by the Secretary, including but not limited to organizations described in part
				B of this title and in section 1154(a)(4)(C).
								(2)No effect on
				access under other applicable law; appropriate
				coordinationNothing in this section shall affect the
				availability of information in the National Practitioner Data Bank under other
				applicable law, including the availability of such information to entities or
				individuals under part B of the Health Care Quality Improvement Act of 1986 (42
				U.S.C. 11131 et seq.). In implementing this section, the Secretary shall
				provide for the maximum appropriate coordination with such part.
							(b)ProtocolsThe
				Secretary shall establish protocols to ensure the secure transfer and storage
				of data made available under this section. In establishing such protocols the
				Secretary shall take into account recommendations submitted to the Secretary by
				the Inspector General of the Department of Health and Human Services and the
				National Association of Insurance Commissioners with respect to the secure
				transfer and storage of such data, the establishment or approval of a fee
				structure under subsection (c), and the establishment of user access
				protocols.
						(c)Fees for
				disclosure
							(1)In
				general
								(A)FeesSubject
				to paragraph (2), the Secretary may establish or approve reasonable fees for
				the disclosure of information under this section, including with respect to
				requests by Federal agencies or other entities, such as fiscal intermediaries
				and carriers, acting under contract on behalf of such agencies.
								(B)Establishment or
				approval of fee amountsIn establishing or approving the amount
				of such fees, the Secretary shall ensure that the total amount of the fees to
				be collected is equal to the total costs of processing the requests for
				disclosure and of providing such information. Such fees shall be available to
				the Secretary to cover such costs.
								(C)For-profit
				entitiesThe Secretary may allow for-profit entities to receive
				data under this section for a fee that is comparable to the fee charged to a
				Federal agency or other entity under subparagraph (A) with respect to a similar
				request.
								(2)Free access to
				certain data
								(A)In
				generalNot later than 1 year after the date of enactment of the
				Fighting Fraud and Abuse to Save Taxpayers'
				Dollars Act, for purposes of identifying additional strategies
				and tools to combat waste, fraud, and abuse, the Secretary—
									(i)shall establish
				protocols to ensure the secure transmission of data under this section;
				and
									(ii)may ensure
				nonprofit academic, policy, and research institutions have access to data from
				the National Practitioner Data Bank.
									(B)Access free of
				chargeData shall be provided under subparagraph (A)(ii) free of
				charge to academic, policy, and research institutions.
								(C)RequirementAny
				academic, policy, or research institution that is provided data under
				subparagraph (A)(ii) shall, as a condition of receiving such data, be required
				to share with the Secretary any findings using such data to combat waste,
				fraud, and abuse (in a form and manner of the academic, policy, or research
				institution's choosing).
								(d)Establishment of
				appeals process
							(1)In
				generalThe Secretary shall establish a transparent and
				responsive appeals process under which a provider of services or supplier may
				have their name removed from the National Practitioner Data Bank. Under such
				process, appeals shall be conducted in a timely manner (not more than 90 days
				after the earlier of the date of the listing in the National Practitioner Data
				Bank or the issuance of any penalty involved) in order to minimize the time
				that providers of services or suppliers who successfully appeal are excluded
				from participation under the programs under titles XVIII and XIX.
							(2)ConsultationThe
				Secretary shall consult with major colleges of medical practice in the United
				States, commercial health plans, the Inspector General of the Department of
				Health and Human Services, the National Association of Insurance Commissioners,
				and the Federation of State Medical Boards in establishing the appeals process
				under paragraph (1).
							(e)DefinitionsIn
				this section:
							(1)Commercial
				health planThe term commercial health plan means
				health insurance coverage (as defined in section 2791 of the Public Health
				Service Act and including group health plans).
							(2)Final adverse
				actionThe term final adverse action means one or
				more of the following actions:
								(A)A Medicare-imposed
				revocation of any Medicare billing privileges.
								(B)Suspension or
				revocation of a license to provide health care by any State licensing
				authority.
								(C)A conviction of a
				Federal or State felony offense within the last 10 years preceding enrollment,
				revalidation, or re-enrollment.
								(D)An exclusion or
				debarment from participation in a Federal or State health care
				program.
								.
			(b)Criminal Penalty
			 for Misuse of Information disclosedSection 1128B(b) of the
			 Social Security Act (42 U.S.C. 1320a–7b(b)) is amended by adding at the end the
			 following:

					(4)Whoever knowingly
				uses information disclosed from the National Practitioner Data Bank under
				section 1128K for a purpose other than those authorized under that section
				shall be imprisoned for not more than 3 years or fined under title 18, United
				States Code, or
				both.
					.
			(c)Effective
			 DateThe amendments made by this section shall take effect on the
			 date of enactment of this Act.
			5.Liability of
			 Medicare administrative contractors for claims submitted by excluded
			 providers
			(a)Reimbursement to
			 the Secretary for Amounts Paid to Excluded ProvidersSection
			 1874A(b) of the Social Security Act (42 U.S.C. 1395kk(b)) is amended by adding
			 at the end the following new paragraph:

					(6)Reimbursements
				to Secretary for amounts paid to excluded providers
						(A)Limitation
							(i)In
				generalExcept as provided in clause (ii), the Secretary shall
				not enter into a contract with a Medicare administrative contractor under this
				section unless the contractor agrees to reimburse the Secretary for any amounts
				paid by the contractor for with respect to any item or service (other than an
				emergency item or service, not including items or services furnished in an
				emergency room of a hospital) which is furnished—
								(I)by an individual
				or entity during the period when such individual or entity is excluded pursuant
				to section 1128, 1128A, 1156 or 1842(j)(2) from participation in the program
				under this title; or
								(II)at the medical
				direction or on the prescription of a physician during the period when he is
				excluded pursuant to section 1128, 1128A, 1156, or 1842(j)(2) from
				participation in the program under this title and when the person furnishing
				such item or service knew or had reason to know of the exclusion (after a
				reasonable time period after reasonable notice has been furnished to the
				person).
								(ii)ExceptionWhere
				a Medicare administrative contractor pays a claim for payment for items or
				services furnished by an individual or entity excluded from participation in
				the programs under this title, pursuant to section 1128, 1128A, 1156, or l866,
				and such Medicare administrative contractor did not know or have reason to know
				that such individual or entity was so excluded, then, to the extent permitted
				by this title, and notwithstanding such exclusion, the contractor shall not be
				required to reimburse the Secretary under clause (i) for any amounts paid with
				respect to such items or services. In each such case the Secretary shall notify
				the contractor of the exclusion of the individual or entity furnishing the
				items or services. A Medicare administrative contractor shall not make payment
				for items or services furnished by an excluded individual or entity to a
				beneficiary after a reasonable time (as determined by the Secretary in
				regulations) after the Secretary has notified the contractor of the exclusion
				of that individual or entity.
							(B)Requirement to
				review claimsA Medicare administrative contractor shall review
				claims submitted to the contractor for payment for services under this title in
				order to ensure that such services were not furnished by an individual or
				entity during any period for which the individual or entity is excluded from
				such participation (as described in subparagraph
				(A)).
						.
			(b)Report on
			 effectiveness and development of scorecard and measurable performance metrics
			 for medicare contractors
				(1)Report
					(A)In
			 generalNot later than 12 months after the date of enactment of
			 this Act, the Secretary of Health and Human Services shall submit to Congress a
			 report on the overall effectiveness and potential of Medicare
			 contractors.
					(B)Contents of
			 reportThe report submitted under subparagraph (A) shall include
			 the Secretary's recommendations for the development of measurable performance
			 metrics and a scorecard for Medicare contractors (or, in the case of Medicare
			 administrative contractors, updated and revised measurable performance metrics
			 and a revised scorecard), together with recommendations for such legislation
			 and administrative action as the Secretary determines appropriate.
					(2)ConsultationThe
			 Secretary shall consult with Medicare contractors, the Inspector General of the
			 Department of Health and Human Services, private sector waste, fraud, and abuse
			 experts, and entities with experience combating and preventing waste, fraud,
			 and abuse, including through the review of Medicare claims, in preparing the
			 report submitted under paragraph (1).
				(3)Medicare
			 contractors definedIn this subsection, the term Medicare
			 contractor means any of the following:
					(A)A Medicare
			 administrative contractor under section 1874A of the Social Security
			 Act.
					(B)A Medicare Program
			 Safeguard Contractor.
					(C)A Zone Program
			 Integrity Contractor.
					(D)A Medicare Drug
			 Integrity Contractor.
					(c)Effective
			 Date
				(1)In
			 generalThe amendments made by subsection (a) shall apply to
			 claims for reimbursement submitted on or after the date of enactment of this
			 Act.
				(2)Contract
			 modificationThe Secretary of Health and Human Services shall
			 take such steps as may be necessary to modify contracts entered into, renewed,
			 or extended prior to the date of enactment of this Act to conform such
			 contracts to the provisions of and amendments made by this section.
				6.Limiting the
			 discharge of debts in bankruptcy proceedings in cases where a health care
			 provider or a supplier engages in fraudulent activity
			(a)In
			 General
				(1)Civil monetary
			 penaltiesSection 1128A(a) of the Social Security Act (42 U.S.C.
			 1320a–7a(a)) is amended by adding at the end the following:
			 Notwithstanding any other provision of law, amounts made payable under
			 this section are not dischargeable under section 727, 944, 1141, 1228, or 1328
			 of title 11, United States Code, or any other provision of such
			 title..
				(2)Recovery of
			 overpayment to providers of services under part ASection 1815(d)
			 of the Social Security Act (42 U.S.C. 1395g(d)) is amended—
					(A)by inserting
			 (1) after (d); and
					(B)by adding at the
			 end the following:

							(2)Notwithstanding
				any other provision of law, amounts due to the Secretary under this section are
				not dischargeable under section 727, 944, 1141, 1228, or 1328 of title 11,
				United States Code, or any other provision of such title if the overpayment was
				the result of fraudulent activity, as may be defined by the
				Secretary.
							.
					(3)Recovery of
			 overpayment of benefits under part BSection 1833(j) of the
			 Social Security Act (42 U.S.C. 1395l(j)) is amended—
					(A)by inserting
			 (1) after (j); and
					(B)by adding at the
			 end the following:

							(2)Notwithstanding
				any other provision of law, amounts due to the Secretary under this section are
				not dischargeable under section 727, 944, 1141, 1228, or 1328 of title 11,
				United States Code, or any other provision of such title if the overpayment was
				the result of fraudulent activity, as may be defined by the
				Secretary.
							.
					(4)Collection of
			 past-due obligations arising from breach of scholarship and loan
			 contractSection 1892(a) of the Social Security Act (42 U.S.C.
			 1395ccc(a)) is amended by adding at the end the following:

						(5)Notwithstanding
				any other provision of law, amounts due to the Secretary under this section are
				not dischargeable under section 727, 944, 1141, 1228, or 1328 of title 11,
				United States Code, or any other provision of such
				title.
						.
				(b)Effective
			 DateThe amendments made by subsection (a) shall apply to
			 bankruptcy petitions filed after the date of enactment of this Act.
			7.Prevention of
			 waste, fraud, and abuse in the Medicaid and CHIP programs
			(a)Detection of
			 fraudulent identification numbers within the Medicaid and CHIP
			 programs
				(1)MedicaidSection
			 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section
			 2001(a)(2)(B) of the Patient Protection and Affordable Care Act (Public Law
			 111–148), is amended—
					(A)in paragraph (25),
			 by striking or at the end;
					(B)in paragraph (26),
			 by striking the period and inserting ; or; and
					(C)by adding at the
			 end the following new paragraph:

							(27)with respect to
				amounts expended for an item or service for which medical assistance is
				provided under the State plan or under a waiver of such plan unless the claim
				for payment for such item or service contains—
								(A)a valid
				beneficiary identification number that, for purposes of the individual who
				received such item or service, has been determined by the State agency to
				correspond to an individual who is eligible to receive benefits under the State
				plan or waiver; and
								(B)a valid National
				Provider Identifier that, for purposes of the provider that furnished such item
				or service, has been determined by the State agency to correspond to a
				participating provider that is eligible to receive payment for furnishing such
				item or service under the State plan or
				waiver.
								.
					(2)CHIPSection
			 2107(e)(1)(I) of the Social Security Act (42 U.S.C. 1397gg(e)(1)(I)) is amended
			 by striking and (17) and inserting (17), and
			 (27).
				(b)Screening
			 requirements for managed care entities
				(1)In
			 generalSection 1902 of the Social Security Act (42 U.S.C. 1396a)
			 is amended—
					(A)by redesignating
			 the second subsection (ii), as added by section 6401(b)(1)(B) of the Patient
			 Protection and Affordable Care Act, as subsection (kk) of such section;
			 and
					(B)in subsection
			 (kk), as so redesignated—
						(i)by
			 redesignating paragraph (8) as paragraph (9); and
						(ii)by
			 inserting after paragraph (7) the following new paragraph:

								(8)Managed care
				entitiesThe State establishes procedures to ensure that any
				managed care entity (as defined in section 1932(a)(1)(B)) under contract with
				the State complies with all applicable requirements under this
				subsection.
								.
						(2)Medicaid managed
			 care organizationsSection 1903(m)(2)(A) of the Social Security
			 Act (42 U.S.C. 1396b(m)(2)(A)) is amended—
					(A)in clause (xii),
			 by striking and at the end;
					(B)in clause (xiii),
			 by striking the period and inserting ; and; and
					(C)by adding at the
			 end the following new clause:

							(xiv)such contract
				requires that the entity comply with any applicable screening, oversight, and
				reporting requirements under section
				1902(kk).
							.
					(3)Managed care
			 entitiesSection 1932(d) of the Social Security Act (42 U.S.C.
			 1396u–2(d)) is amended by adding at the end the following new paragraph:

						(5)Compliance with
				screening, oversight, and reporting requirementsA managed care
				entity shall comply with any applicable screening, oversight, and reporting
				requirements under section
				1902(kk).
						.
				(c)Required
			 database checksClause (i) of section 1866(j)(2)(B) of the Social
			 Security Act (42 U.S.C. 1395cc(j)(2)(B)) is amended to read as follows:

					(i)shall
				include—
						(I)a licensure check,
				which may include such checks across States; and
						(II)for purposes of
				the Medicaid program under title XIX—
							(aa)database checks
				(including such checks across States), which shall include—
								(AA)the Medicaid
				Statistical Information System (as described in section 1903(r)(1)(F));
				and
								(BB)any relevant
				medical databases that are maintained by the State agencies, as determined by
				the Secretary in consultation with the directors of the State agencies;
				and
								(bb)coordination of
				excluded provider lists between the Secretary and the State agency, including
				exchanges of data regarding excluding providers between Federal and State
				databases;
				and
							.
			(d)Technical
			 correctionsSection 1902 of the Social Security Act (42 U.S.C.
			 1396a), as amended by subsection (b)(1), is further amended—
				(1)in subsection
			 (a)—
					(A)in paragraph (23),
			 by striking subsection (ii)(4) and inserting subsection
			 (kk)(4); and
					(B)in paragraph (77),
			 by striking subsection (ii) and inserting subsection
			 (kk); and
					(2)in subsection
			 (kk), by striking section 1886 each place it appears and
			 inserting section 1866.
				8.Illegal
			 distribution of a Medicare, Medicaid, or CHIP beneficiary identification or
			 billing privilegesSection
			 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)), as amended by
			 section 4(b), is amended by adding at the end the following:

				(5)Whoever knowingly,
				intentionally, and with the intent to defraud purchases, sells or distributes,
				or arranges for the purchase, sale, or distribution of a Medicare, Medicaid, or
				CHIP beneficiary identification number or billing privileges under title XVIII,
				title XIX, or title XXI shall be imprisoned for not more than 10 years or fined
				not more than $500,000 ($1,000,000 in the case of a corporation), or
				both.
				.
		9.Pilot program for
			 the use of universal product numbers on claim forms for reimbursement under the
			 Medicare program
			(a)Establishment
				(1)In
			 generalNot later than January 1, 2013, the Secretary shall
			 establish a pilot program under which claims for reimbursement under the
			 Medicare program for UPN covered items contain the universal product number of
			 the UPN covered item.
				(2)DurationThe
			 pilot program under this section shall be conducted for a 2-year period.
				(3)Consideration of
			 GAO recommendationsThe Secretary shall take into account the
			 recommendations of the Comptroller General of the United States in establishing
			 the pilot program under this section.
				(b)Development and
			 implementation of procedures
				(1)Information
			 included in UPNThe Secretary, in consultation with manufacturers
			 and entities with appropriate expertise, shall determine the relevant
			 descriptive information appropriate for inclusion in a universal product number
			 for a UPN covered item under the pilot program.
				(2)Review of
			 procedureThe Secretary, in consultation with interested parties
			 (which shall, at a minimum, include the Inspector General of the Department of
			 Health and Human Services and private sector and health industry experts),
			 shall use information obtained under the pilot program through the use of
			 universal product numbers on claims for reimbursement under the Medicare
			 program to periodically review the UPN covered items billed under the Health
			 Care Financing Administration Common Procedure Coding System and adjust such
			 coding system to ensure that functionally equivalent UPN covered items are
			 billed and reimbursed under the same codes.
				(c)GAO reports to
			 congress on effectiveness of implementation of pilot program
				(1)Initial
			 reportNot later than 6 months after the implementation of the
			 pilot program under this section, the Comptroller General of the United States
			 shall submit to Congress a report on the effectiveness of such
			 implementation.
				(2)Final
			 reportNot later than 18 months after the completion of the pilot
			 program under this section, the Comptroller General of the United States shall
			 submit to Congress a report on the effectiveness of the pilot program, together
			 with recommendations regarding the use of universal product numbers and the use
			 of data obtained from the use of such numbers, and recommendations for such
			 legislation and administrative action as the Comptroller General determines
			 appropriate.
				(d)Use of available
			 fundingThe Secretary shall use amounts available in the Centers
			 for Medicare & Medicaid Services Program Management Account or in the
			 Health Care Fraud and Abuse Control Account under section 1817(k) of the Social
			 Security Act (42 U.S.C. 1395i(k)) to carry out the pilot program under this
			 section.
			(e)DefinitionsIn
			 this section:
				(1)Medicare
			 programThe term Medicare program means the program
			 under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
				(2)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				(3)Universal
			 product numberThe term universal product number
			 means a number that is—
					(A)affixed by the
			 manufacturer to each individual UPN covered item that uniquely identifies the
			 item at each packaging level; and
					(B)based on
			 commercially acceptable identification standards such as, but not limited to,
			 standards established by the Uniform Code Council—International Article
			 Numbering System or the Health Industry Business Communication Council.
					(4)UPN Covered
			 item
					(A)In
			 generalExcept as provided in subparagraph (B), the term
			 UPN covered item means—
						(i)a
			 covered item as that term is defined in section 1834(a)(13) of the Social
			 Security Act (42 U.S.C. 1395m(a)(13));
						(ii)an
			 item described in paragraph (8) or (9) of section 1861(s) of such Act (42
			 U.S.C. 1395x);
						(iii)an
			 item described in paragraph (5) of such section 1861(s); and
						(iv)any
			 other item for which payment is made under this title that the Secretary
			 determines to be appropriate.
						(B)ExclusionThe
			 term UPN covered item does not include a customized item for which
			 payment is made under this title.
					10.Prohibition of
			 inclusion of Social Security account numbers on Medicare cards
			(a)In
			 generalSection 205(c)(2)(C) of the Social Security Act (42
			 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the Patient
			 Protection and Affordable Care Act (Public Law 111–148), is amended by adding
			 at the end the following new clause:

					(xi)The Secretary of Health and Human
				Services, in consultation with the Commissioner of Social Security, shall
				establish cost-effective procedures to ensure that a Social Security account
				number (or any derivative thereof) is not displayed, coded, or embedded on the
				Medicare card issued to an individual who is entitled to benefits under part A
				of title XVIII or enrolled under part B of title XVIII and that any other
				identifier displayed on such card is easily identifiable as not being the
				Social Security account number (or a derivative
				thereof).
					.
			(b)Effective
			 date
				(1)In
			 generalThe amendment made by subsection (a) shall apply with
			 respect to Medicare cards issued on and after an effective date specified by
			 the Secretary of Health and Human Services, but in no case shall such effective
			 date be later than the date that is 24 months after the date adequate funding
			 is provided pursuant to subsection (d)(2).
				(2)ReissuanceSubject
			 to subsection (d)(2), in the case of individuals who have been issued such
			 cards before such date, the Secretary of Health and Human Services—
					(A)shall provide for
			 the reissuance for such individuals of such a card that complies with such
			 amendment not later than 3 years after the effective date specified under
			 paragraph (1); and
					(B)may permit such
			 individuals to apply for the reissuance of such a card that complies with such
			 amendment before the date of reissuance otherwise provided under subparagraph
			 (A) in such exceptional circumstances as the Secretary may specify.
					(c)Outreach
			 programSubject to subsection (d)(2), the Secretary of Health and
			 Human Services, in consultation with the Commissioner of Social Security, shall
			 conduct an outreach program to Medicare beneficiaries and providers about the
			 new Medicare card provided under this section.
			(d)Report to
			 Congress and limitations on effective date
				(1)ReportNot
			 later than 90 days after the date of the enactment of this Act, the Secretary
			 of Health and Human Services, acting through the Administrator of the Centers
			 for Medicare & Medicaid Services and in consultation with the Commissioner
			 of Social Security, shall submit to Congress a report that includes detailed
			 options regarding the implementation of this section, including line-item
			 estimates of and justifications for the costs associated with such options and
			 estimates of timeframes for each stage of implementation. In recommending such
			 options, the Secretary shall take into consideration, among other factors,
			 cost-effectiveness and beneficiary outreach and education.
				(2)Limitation;
			 modification of deadlinesWith respect to the amendment made by
			 subsection (a), and the requirements of subsections (b) and (c)—
					(A)such amendment and
			 requirements shall not apply until adequate funding is transferred pursuant to
			 section 11(b) to implement the provisions of this section, as determined by
			 Congress; and
					(B)any deadlines
			 otherwise established under this section for such amendment and requirements
			 are contingent upon the receipt of adequate funding (as determined in
			 subparagraph (A)) for such implementation.
					The previous
			 sentence shall not affect the timely submission of the report required under
			 paragraph (1).11.Implementation
			(a)Empowering the
			 HHS OIG and GAOExcept as otherwise provided, to the extent
			 practicable, the Secretary of Health and Human Services (in this section
			 referred to as the Secretary) shall—
				(1)carry out the
			 provisions of and amendments made by this Act in consultation with the
			 Inspector General of the Department of Health and Human Services; and
				(2)take into
			 consideration the findings and recommendations of the Comptroller General of
			 the United States in carrying out such provisions and amendments.
				(b)FundingThe Secretary shall provide for the
			 transfer, from the Health Care Fraud and Abuse Control Account under section
			 1817(k) of the Social Security Act (42 U.S.C. 1395i(k)), to the Centers for
			 Medicare & Medicaid Services Program Management Account, of such sums,
			 provided such sums are fully offset, as the Secretary determines are for
			 necessary administrative expenses associated with carrying out the provisions
			 of and amendments made by this Act (other than section 9). Amounts transferred
			 under the preceding sentence shall remain available until expended.
			(c)SavingsAny
			 reduction in outlays under the Medicare program under title XVIII of the Social
			 Security Act under the provisions of, and amendments made by, this Act may only
			 be utilized to offset outlays under part A of such title.


IV
112th CONGRESS
1st Session
H. RES. 307
IN THE HOUSE OF REPRESENTATIVES

June 15, 2011
Mr. Bass of New Hampshire submitted the following resolution; which was referred to the Committee on Rules

RESOLUTION
Amending the Rules of the House of Representatives to establish a Committee on the Reduction of Nonessential Federal Expenditures.

That
(a)rule X of the Rules of the House of Representatives is amended by adding at the end the following new clause:

Select Committee on the Reduction of Nonessential Federal Expenditures12.
(a)There is established a Select Committee on the Reduction of Nonessential Federal Expenditures (hereafter in this clause referred to as the select committee). The select committee shall be composed of two members from each standing committee of which one shall be from the majority party and selected by the speaker and one shall be from the minority party and selected by the minority leader. The speaker shall designate one of its members as the chair and the minority leader shall designate one of its members as the vice chair.
(b)There shall be referred to the select committee proposed legislation relating to the elimination or reduction of all nonessential expenditures of the Government.
(c)The select committee shall make a full and complete study and investigation of all expenditures of the Government on a continuing basis to ascertain all expenditures of the Government deemed by the committee to be nonessential.
(d)
(1)It shall be in order, not later than 30 legislative days after the date on which a bill is reported by the select committee for the majority leader or the majority leader’s designee to move to proceed to the consideration of the bill. It shall also be in order for any Member to move to proceed to the consideration of the bill at any time after the conclusion of such 30-day period. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(2)Any bill reported by the select committee shall be considered under rules established by the Committee on Rules, except that all points of order established in the Congressional Budget Act of 1974, and related points of order, against the bill and against its consideration are waived.
(3)Appeals from decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill reported by the select committee shall be decided without debate.
(4)Except to the extent specifically provided in this clause, consideration of a bill reported by the select committee shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any bill within the jurisdiction of the select committee introduced pursuant to the provisions of this clause under a suspension of the rules pursuant to clause 1 of rule XV or under a special rule reported by the Committee on Rules.
(5)Immediately following the conclusion of consideration of any bill reported by the select committee, the vote on passage of the bill shall occur without any intervening action or motion. If any such bill is passed, the Clerk of the House of Representatives shall cause the bill to be transmitted to the Senate before the close of the next day of session of the House. The vote on passage shall occur not later than the last scheduled legislative day of a session.
(e)There shall be paid out of the applicable accounts of the House such sums as may be necessary for the expenses of the select committee. Such payments shall be made on vouchers signed by the chairman of the select committee and approved in the manner directed by the Committee on House Administration. Amounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration.
(f)In carrying out its functions under this clause, the select committee may—
(1)appoint, either on a permanent basis or as experts or consultants, any staff that the select committee considers necessary;
(2)prescribe the duties and responsibilities of the staff;
(3)fix the compensation of the staff at per annum gross rates that do not exceed the highest rate of basic pay, as in effect from time to time, of level V of the Executive Schedule in section 5316 of title 5, United States Code;
(4)terminate the employment of any such staff as the select committee considers appropriate; and
(5)reimburse members of the select committee and its staff for travel, subsistence, and other necessary expenses incurred by them in the performance of their functions for the select committee, other than expenses in connection with any meeting of the select committee held in the District of Columbia.
(g)The select committee shall cease to exist upon the close of the One Hundred Sixteenth Congress..
(b)The amendment made by this resolution shall take effect immediately before noon, January 3, 2013.


114 HR 6312 IH: Alternatives to Licensing that Lower Obstacles to Work Act of 2016
U.S. House of Representatives
2016-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6312IN THE HOUSE OF REPRESENTATIVESNovember 14, 2016Mr. Meadows (for himself and Mr. Brat) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Armed Services, and Natural Resources, 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 promote economic opportunity for military families, to facilitate workforce attachment for
			 military spouses in their chosen occupation across multiple geographical
			 postings, to reduce barriers to work on military installations, to amend
			 the District of Columbia Code to promote greater freedom in the practice
			 of regulated occupations, to combat abuse of occupational licensing laws
			 by economic incumbents, to promote competition, encourage innovation,
			 protect consumers, and promote compliance with Federal antitrust law, and
			 for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Alternatives to Licensing that Lower Obstacles to Work Act of 2016 or the ALLOW Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—Military installations
					Sec. 101. Endorsement of occupational licenses and certifications issued by States for purposes of
			 activities on military installations.
					TITLE II—District of Columbia occupational licensing reform
					Sec. 201. Short title.
					Sec. 202. Statement of findings and purpose.
					Sec. 203. Definitions.
					Sec. 204. Policy regarding occupational licensure.
					Sec. 205. Office of Supervision of Occupational Boards.
					Sec. 206. Periodic analysis of occupational regulations.
					Sec. 207. Freedom to engage in an occupation.
					Sec. 208. Affirmative defense.
					TITLE III—Tour guide services in national military parks, national battlefields, national
			 battlefield parks, national battlefield sites, and the National Mall and
			 Memorial Parks
					Sec. 301. Tour guide services.
			IMilitary installations
			101.Endorsement of occupational licenses and certifications issued by States for purposes of activities
			 on military installations
 (a)In generalFor the purpose of establishing an individual’s authorization to engage in an occupation on a military installation located on land owned by the Federal Government, the Federal Government endorses occupational licenses and certifications granted by any State, regardless of whether the military installation is located in the issuing State, provided that—
 (1)the license or certification is not expired, revoked, or suspended by the issuing State; and (2)there are no outstanding enforcement actions against the individual brought by the licensing board or certifying authority for that occupation in the issuing State.
 (b)Scope of practiceAn individual relying on subsection (a) for authorization to engage in an occupation is authorized to sell the same goods and services as are covered by the occupational license or certification in the issuing State.
 (c)State definedIn this section, the term State includes the District of Columbia. IIDistrict of Columbia occupational licensing reform 201.Short titleThis title may be cited as the District of Columbia Occupational Licensing Reform Act.
 202.Statement of findings and purposeCongress finds the following: (1)The prevalence of occupational licensing has increased dramatically in recent decades, in part because private interests have sought licensing in order to limit competition.
 (2)Occupational licensing often limits opportunities for workers, frustrates entrepreneurs seeking to introduce new business models, and raises prices paid by consumers.
 (3)Licensing should be imposed only to combat real, substantial threats to public health or safety and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest.
 (4)Regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime, which may include inspections, bonding or insurance requirements, registration, and voluntary certification.
 (5)Voluntary certification provides a particularly significant alternative to licensure, as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace.
 (6)The failure of State governments to adopt less restrictive alternatives to licensing has resulted in significant costs to consumers and the broader economy.
 (7)By appropriately limiting occupational licensing in the District of Columbia, Congress intends to promote economic opportunity in the District.
 (8)By promoting economic opportunity in the District of Columbia through the reform of occupational regulations, Congress intends to provide a basic reform model that the States may follow.
				203.Definitions
 (a)In generalIn this title: (1)Attorney generalThe term Attorney General means the Attorney General for the District of Columbia.
 (2)CertificationThe term certification means a voluntary program under which— (A)a private organization or the government grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or the government;
 (B)upon approval, an individual described in subparagraph (A) may use certified as a designated title; and (C)a noncertified individual may perform the lawful occupation for compensation but may not use the title certified.
 (3)CouncilThe term Council means the Council of the District of Columbia. (4)Covered boardThe term covered board means an occupational licensing board in the District of Columbia.
 (5)Lawful occupationThe term lawful occupation means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell regardless of whether the individual selling the goods or services is subject to an occupational regulation.
 (6)Least restrictive regulationThe term least restrictive regulation means, from least to most restrictive— (A)market competition;
 (B)industry or consumer-created ratings and reviews; (C)private certification;
 (D)a specific private civil cause of action to remedy consumer harm; (E)a deceptive trade practice act;
 (F)a regulation of the process of providing the specific goods or services to consumers; (G)inspection;
 (H)bonding or insurance; (I)registration;
 (J)government certification; (K)specialty occupational license for medical reimbursement; and
 (L)occupational license. (7)Occupational licenseThe term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the District of Columbia government.
 (8)Specialty occupational license for medical reimbursementThe term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to provide identified medical services and qualify for payment or reimbursement from a government agency based on meeting personal qualifications established by the government.
 (9)Occupational regulationThe term occupational regulation— (A)means a statute, rule, practice, policy, or other law requiring an individual to possess certain personal qualifications to use an occupational title or work in a lawful occupation;
 (B)includes a regulation requiring registration, certification, or an occupational license; and (C)does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a law regulates an individual’s personal qualifications to perform a lawful occupation.
 (10)Personal qualificationsThe term personal qualifications means criteria related to an individual’s personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.
					(11)Registration
 (A)In generalThe term registration means a requirement that an individual give notice to the District of Columbia government that— (i)may include—
 (I)the individual’s name and address; (II)the individual’s agent for service of process;
 (III)the location of the activity to be performed; and (IV)a description of the service the individual provides;
 (ii)does not include personal qualifications; and (iii)may require a bond or insurance.
							(B)Use of title
 (i)Registered individualsUpon the receipt of notice described in subparagraph (A) by the District of Columbia government from an individual, the individual may use registered as a designated title.
 (ii)Nonregistered individualsA nonregistered individual may not perform the occupation for compensation or use registered as a designated title. (12)Superior courtThe term Superior Court means the Superior Court of the District of Columbia.
					(b)Rules relating to use and construction of terms
 (1)Certification and registrationAs used in this title, the terms certification and registration shall not be construed to be synonymous with the term occupational license, notwithstanding their use in other provisions of the law of the District of Columbia. (2)Relation to other provisions of lawThe use of the terms certification, certified, registration, and registered in other provisions of the law of the District of Columbia to mean an individual is required to meet certain personal qualifications to work legally shall be construed for the purposes of this title as requiring an individual to meet the requirements of an occupational license.
 204.Policy regarding occupational licensureIt is the policy of the District of Columbia that— (1)occupational licensing laws should be construed and applied to increase economic opportunity, promote competition, and encourage innovation;
 (2)regulators should displace competition through occupational licensing only where less restrictive regulation will not suffice to protect consumers from present, significant, and substantiated harms that threaten public health, safety, or welfare; and
 (3)an occupational licensing restriction should be enforced against an individual only to the extent the individual sells goods and services that are included explicitly in the statute or Municipal Regulation that defines the occupation’s scope of practice.
				205.Office of Supervision of Occupational Boards
				(a)Establishment
 (1)In generalThere shall be established an Office of Supervision of Occupational Boards (referred to in this section as the Office) in—
 (A)the office of the Attorney General; or (B)another appropriate agency of the District of Columbia government.
 (2)Rule of constructionFor the purposes of this title, if individual Offices are established within multiple agencies, the term Office shall be construed to refer to both the singular and the plural.
					(b)Active supervision
 (1)In generalThe Office shall be responsible for exercising active supervision over each covered board to ensure compliance with the policies under section 204.
 (2)DutiesIn exercising active supervision over covered boards under paragraph (1), the Office shall independently—
 (A)play a substantial role in the development of a board’s rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board;
 (B)disapprove the use of any board rule or policy and terminate any enforcement action, including any such action pending on the date of enactment of this Act, that is inconsistent with section 204;
 (C)exercise control over each board by reviewing and affirmatively approving only rules, policies, and enforcement actions that are consistent with section 204; and
 (D)use the analysis conducted under section 206 and conduct reasonable investigations to gain additional information, including about less restrictive regulatory approaches, to promote compliance with section 204.
 (3)IndependenceIn exercising active supervision over covered boards under paragraph (1), the Office shall be staffed by not less than 1 attorney who does not provide general counsel to any board.
					(c)Review and approval of proposed regulatory actions
 (1)In generalThe Office shall review and approve or reject any rule, policy, enforcement action, or other occupational licensure action proposed by each covered board before the board may adopt or implement the rule, policy, enforcement action, or other occupational licensure action.
 (2)Explicit approval requiredFor purposes of paragraph (1)— (A)approval by the Office shall be required to be explicit; and
 (B)silence or failure to act shall not constitute approval. (d)Complaints (1)Right to file complaintA person who is a resident of or has a license to operate a business in the District of Columbia may file a complaint to the Office about a rule, policy, enforcement action, or other occupational licensure action of a covered board that the person believes is inconsistent with section 204.
 (2)ResponseNot later than 90 days after the date on which the Office receives a complaint filed under paragraph (1), the Office shall—
 (A)investigate the complaint; (B)identify remedies and instruct the board to take action, where appropriate; and
 (C)respond in writing to the complainant. (3)Appeal (A)In generalThere shall be no right to appeal a decision of the Office under paragraph (2) unless—
 (i)the challenged rule, policy, enforcement action, or other occupational licensure action would prevent the complainant from—
 (I)engaging in a lawful occupation; or (II)employing or contracting others for the performance of a lawful occupation; and
 (ii)the complainant has taken material steps in an attempt to take an action described in subclause (I) or (II) of clause (i).
 (B)Superior CourtAny appeal authorized under subparagraph (A) shall be to the Superior Court. (e)Review by Attorney General (1)Right to request reviewAny member of the Council may request that the Attorney General review—
 (A)a rule, policy, enforcement action, or other occupational licensure action of a covered board that the member believes is inconsistent with section 204;
 (B)the active supervision of a covered board by the Office; or (C)the response of the Office to a complaint under subsection (d).
 (2)ResponseNot later than 180 days after the date on which the Attorney General receives a request under paragraph (1), the Attorney General shall—
 (A)investigate the activity requested to be reviewed; (B)identify remedies and instruct the covered board to take action, where appropriate; and
 (C)respond in writing to the requesting member. 206.Periodic analysis of occupational regulations (a)Establishment of committeeThe Chairman of the Council shall establish a legislative committee or subcommittee composed exclusively of current Council members to analyze occupational regulations (in this section referred to as the committee).
				(b)Duties
 (1)In generalThe committee shall be responsible for reviewing proposed legislation to impose or modify an occupational regulation to ensure compliance with the policies under section 204.
 (2)Specific dutiesIn reviewing proposed legislation under paragraph (1), the committee— (A)may require—
 (i)the proponents of the legislation to submit evidence of present, significant, and substantiated harms to consumers in the District; and
 (ii)information from other persons knowledgeable about the applicable occupation, labor economics, or other relevant factors;
 (B)shall determine whether the legislation satisfies the policy under section 204(2) of using the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms that threaten public health, safety, or welfare;
 (C)shall evaluate the effects of the legislation on opportunities for workers, consumer choices and costs, general unemployment, market competition, governmental costs, and other effects;
 (D)shall compare the legislation to whether and how other jurisdictions regulate the applicable occupation; and
 (E)shall issue a report to the Council assessing and proposing modifications, if any, to the legislation on a timely basis.
 (3)Required vote by councilThe Council may not enact legislation to impose or modify an occupational regulation before the Council has specifically voted to adopt or reject any modification to the regulation proposed by the committee under paragraph (2).
					(c)Annual review
 (1)In generalBeginning on January 1, 2018, the committee shall conduct an annual review of the regulations of approximately 20 percent of the occupations subject to regulation within the District of Columbia to improve compliance with this title.
 (2)Full reviewDuring the 5-year period beginning on January 1, 2018, and during each 5-year period thereafter, the committee shall review all occupational regulations within the District of Columbia.
 (3)InformationIn carrying out the review under this subsection, the committee may require information from a covered board, the members of a covered board, and other persons.
 (d)ReportBeginning on January 1, 2019, the committee shall submit to the Chairman of the Council and the Attorney General an annual report on the findings of the reviews carried out under subsection (c) that includes suggested changes to occupational regulations to improve compliance with this title.
				207.Freedom to engage in an occupation
 (a)In generalAn individual may engage in a lawful occupation without being subject to occupational regulations that are—
 (1)arbitrary; or (2)unnecessary and substantially burdensome.
 (b)ProhibitionThe District of Columbia and any covered board within the District may not require an occupational license, certification, or registration for a person, or impose any other occupational regulation that imposes a substantial burden on a person, unless the District government demonstrates that—
 (1)the government has an important interest in protecting against present and recognizable harm to public health, safety, or welfare; and
 (2)the regulation is substantially related to achievement of the important government interest described in paragraph (1).
 (c)LimitationNothing in this section shall be construed to— (1)create a right of action against the District government or a private party; or
 (2)require the District government or a private party to do business with an individual who is not licensed by, certified by, or registered with the District government.
					208.Affirmative defense
				(a)Right To assert defense
 (1)In generalAn individual may assert as a defense in any administrative or judicial proceeding to enforce an occupational regulation that the standard required under section 207 has not been met.
 (2)Initial burden of proofAn individual who asserts a defense under this section has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual’s right to engage in a lawful occupation.
 (3)Government’s burden of proofIf an individual meets the burden of proof under paragraph (2), the District of Columbia government shall be required to demonstrate by clear and convincing evidence that—
 (A)the occupational regulation in question advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and
 (B)the regulation is substantially related to achievement of the important government interest described in subparagraph (A).
						(b)Superior court
 (1)In generalThe Superior Court shall liberally construe this title to protect the right established under section 207.
 (2)RequirementsIn reviewing an alleged violation of the right established under section 207, the Superior Court— (A)shall make its own findings of fact and conclusions of law;
 (B)may not rely on legislative findings of fact presented in admissible form to the Superior Court; and
 (C)may not grant any presumption to legislative determinations— (i)of harm to public health, safety, or welfare; or
 (ii)that the occupational regulation in question is substantially related to achievement of the important government interest described in subsection (a)(3)(A).
							IIITour guide services in national military parks, national battlefields, national battlefield parks,
			 national battlefield sites, and the National Mall and Memorial Parks
			301.Tour guide services
 (a)In generalChapter 1033 of title 54, United States Code, is amended by adding at the end the following:  103307.Tour guide services (a)In generalA person providing tour guide services for a fee within a national military park, national battlefield, national battlefield park, or national battlefield site or outdoor portions of the National Mall and Memorial Parks, including the Lincoln Memorial and the Jefferson Memorial, shall not be required to obtain a license, certification, or permit of any kind to provide the services.
 (b)Application of certain restrictionsIn imposing any restriction on the scope, duration, and manner of access to or within the boundary of an area described in subsection (a) for the purposes of providing tour guide services, the Secretary shall ensure that the restrictions apply equally to all persons providing, or attempting to provide, tour guide services, without regard to employment by, or a contractual relationship with, the Service..
 (b)Clerical amendmentThe table of sections for chapter 1033 of title 54, United States Code, is amended by inserting after the item relating to section 103306 the following:

							103307. Tour guide services..


115 S3012 IS: Water Technology Acceleration Act
U.S. Senate
2018-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3012
		IN THE SENATE OF THE UNITED STATES

			June 6, 2018
			Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To establish an innovative water technology grant program and to amend the Safe Drinking Water Act
			 and the Federal Water Pollution Control Act to encourage the use of
			 innovative water technology, and for other purposes.

		1.Short title
 This Act may be cited as the Water Technology Acceleration Act.
		2.Innovative water technology grant program
 (a)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
 (2)Eligible entityThe term eligible entity means— (A)a public utility, including publicly owned treatment works and clean water systems;
 (B)a unit of local government, including a municipality or a joint powers authority; (C)a private entity, including a farmer or manufacturer;
 (D)an institution of higher education; (E)a research institution or foundation;
 (F)a State; (G)a regional organization; or
 (H)a nonprofit organization. (b)Grant program authorizedThe Administrator shall carry out a grant program for the purposes described in subsection (c) to accelerate the development of innovative water technologies that address pressing water challenges.
 (c)GrantsIn carrying out the program under subsection (b), the Administrator shall make to eligible entities grants that—
 (1)finance projects to develop, deploy, test, and improve emerging water technologies; (2)fund entities that provide technical assistance to deploy innovative water technologies more broadly, especially—
 (A)to increase adoption of innovative water technologies in— (i)municipal drinking water and wastewater treatment systems;
 (ii)areas served by private wells; or (iii)water supply systems in arid areas that are experiencing, or have recently experienced, prolonged drought conditions; and
 (B)in a manner that reduces ratepayer or community costs over time, including the cost of future capital investments; or
 (3)support technologies that, as determined by the Administrator— (A)improve water quality of a water source;
 (B)improve the safety and security of a drinking water delivery system; (C)minimize contamination of drinking water and drinking water sources, including contamination by lead, bacteria, chlorides, and nitrates;
 (D)improve the quality and timeliness and decrease the cost of drinking water quality tests, especially technologies that can be deployed within water systems and at individual faucets to provide accurate real-time tests of water quality, especially with respect to lead, bacteria, and nitrate content;
 (E)increase water supplies in arid areas that are experiencing, or have recently experienced, prolonged drought conditions;
 (F)treat edge-of-field runoff to improve water quality; (G)treat agricultural, municipal, and industrial wastewater;
 (H)recycle or reuse water; (I)manage urban stormwater runoff;
 (J)reduce sewer or stormwater overflows; (K)conserve water;
 (L)improve water quality by reducing salinity; (M)mitigate air quality impacts associated with declining water resources;
 (N)address treatment byproduct and brine disposal alternatives; or (O)address urgent water quality and human health needs.
 (d)Priority fundingIn making grants under this section, the Administrator shall give priority to projects that have the potential—
 (1)to provide substantial cost savings across a sector; (2)to significantly improve human health or the environment; or
 (3)to provide additional water supplies with minimal environmental impact. (e)Cost-SharingThe Federal share of the cost of activities carried out using a grant under this section shall be not more than 65 percent.
 (f)LimitationThe maximum amount of a grant under this section shall be $5,000,000. (g)ReportEach year, the Administrator shall submit to Congress and make publicly available on the website of the Administrator a report that describes any advancements during the previous year in development of innovative water technologies made as a result of funding provided under this section.
 (h)Authorization of AppropriationsThere is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year. (i)FundingOut of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to provide grants to eligible entities under this section $10,000,000, to remain available until expended.
 3.Innovation in drinking water State revolving loan fundsSection 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended—
 (1)in subsection (d)— (A)by striking the heading and inserting Additional assistance.—;
 (B)in paragraph (1)— (i)by striking Notwithstanding and inserting the following:

 (A)In generalNotwithstanding; and (ii)by adding at the end the following:

 (B)Innovative water technologyNotwithstanding any other provision of this section, in the case of a State that makes a loan under subsection (a)(2) to carry out an eligible activity through the use of an innovative water technology (including technologies to improve water treatment to ensure compliance with this title and technologies to identify and mitigate sources of drinking water contamination, including lead contamination), the State may provide additional subsidization, including forgiveness of principal that is not more than 50 percent of the cost of the portion of the project associated with the innovative technology.;
 (C)in paragraph (2)— (i)by striking For each fiscal year and inserting the following:

 (A)In generalFor each fiscal year; and (ii)by adding at the end the following:

 (B)Innovative water technologyFor each fiscal year, not more than 20 percent of the loan subsidies that may be made by a State under paragraph (1) may be used to provide additional subsidization under subparagraph (B) of that paragraph.; and
 (D)in paragraph (3), in the first sentence, by inserting , or portion of a service area, after service area; and (2)by adding at the end the following:

 (s)Technical assistanceThe Administrator may provide technical assistance to facilitate and encourage the provision of financial assistance for the deployment of innovative water technologies.
 (t)ReportNot later than 1 year after the date of enactment of the Water Technology Acceleration Act, and not less frequently than every 5 years thereafter, the Administrator shall submit to Congress a report that describes—
 (1)the amount of financial assistance provided by State loan funds to deploy innovative water technologies;
 (2)the barriers impacting greater use of innovative water technologies; and (3)the cost-saving potential to cities and future infrastructure investments from emerging technologies..
			4.Innovation in State water pollution control revolving loan funds
 (a)In generalSection 603(i)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)(1)(B)) is amended—
 (1)in clause (iii), by striking or at the end; (2)in clause (iv), by striking the period at the end and inserting ; or; and
 (3)by adding at the end the following:  (v)to encourage the use of innovative water technologies related to any of the issues identified in clauses (i) through (iv) or, as determined by the State, any other eligible project and activity eligible for assistance under subsection (c).
 (b)Innovative water technologiesSection 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following:

 (j)Technical assistanceThe Administrator may provide technical assistance to facilitate and encourage the provision of financial assistance for innovative water technologies.
 (k)ReportNot later than 1 year after the date of enactment of the Water Technology Acceleration Act, and not less frequently than every 5 years thereafter, the Administrator shall submit to Congress a report that describes—
 (1)the amount of financial assistance provided by State water pollution control revolving funds to deploy innovative water technologies;
 (2)the barriers impacting greater use of innovative water technologies; and (3)the cost-saving potential to cities and future infrastructure investments from emerging technologies..


		II

		109th CONGRESS

		1st Session

		S. 619

		IN THE SENATE OF THE UNITED STATES

			March 14, 2005

			Mrs. Feinstein (for

			 herself, Ms. Collins,

			 Mr. Lautenberg, Mr. Specter, Mrs.

			 Lincoln, Mr. Dodd,

			 Mr. Dayton, and Mr. Nelson of Florida) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend title II of the Social Security Act to repeal

		  the Government pension offset and windfall elimination

		  provisions.

		1.Short titleThis Act may be cited as the

			 Social Security Fairness Act of

			 2005.

		2.Repeal of

			 Government pension offset provisions

			(a)In

			 generalSection 202(k) of the Social Security Act (42 U.S.C.

			 402(k)) is amended by striking paragraph (5).

			(b)Conforming

			 amendments

				(1)Section 202(b) of

			 the Social Security Act

			 (42 U.S.C.

			 402(b)) is amended by striking subsections (k)(5) and

			 (q) and inserting subsection (q).

				(2)Section 202(c) of

			 such Act (42

			 U.S.C. 402(c)) is amended by striking subsections (k)(5)

			 and (q) and inserting subsection (q).

				(3)Section 202(e) of

			 such Act (42

			 U.S.C. 402(e)) is amended by striking subsections

			 (k)(5), subsection (q), and inserting subsection

			 (q).

				(4)Section 202(f) of

			 such Act (42

			 U.S.C. 402(f)) is amended by striking subsections

			 (k)(5), subsection (q) and inserting subsection

			 (q).

				3.Repeal of

			 windfall elimination provisions

			(a)In

			 generalSection 215 of the

			 Social Security Act (42 U.S.C. 415) is

			 amended—

				(1)in subsection

			 (a), by striking paragraph (7);

				(2)in subsection

			 (d), by striking paragraph (3); and

				(3)in subsection

			 (f), by striking paragraph (9).

				(b)Conforming

			 amendmentsSubparagraphs (C) and (D) of section 202(e)(2) of such

			 Act (42

			 U.S.C. 402(e)(2)(C), (D)) are each amended by striking

			 section 215(f)(5), 215(f)(6), or 215(f)(9)(B) and inserting

			 paragraph (5) or (6) of section 215(f).

			4.Effective

			 dateThe amendments made by

			 this Act shall apply with respect to monthly insurance benefits payable under

			 title II of the Social Security Act

			 for months after December 2005. Notwithstanding

			 section

			 215(f) of the Social Security

			 Act, the Commissioner of Social Security shall adjust primary

			 insurance amounts to the extent necessary to take into account the amendments

			 made by this Act.


115 SJ 29 IS: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Office of Natural Resources Revenue of the Department of the Interior relating to consolidated Federal oil and gas and Federal and Indian coal valuation reform.
U.S. Senate
2017-03-02
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.

IIA115th CONGRESS1st SessionS. J. RES. 29IN THE SENATE OF THE UNITED STATESMarch 2, 2017Mr. Daines (for himself, Mr. Hatch, Mr. Kennedy, and Mr. Barrasso) introduced the following joint resolution; which was read twice and referred to the Committee on Energy and Natural ResourcesJOINT RESOLUTIONProviding for congressional disapproval under chapter 8 of title 5, United States Code, of the
			 final rule of the Office of Natural Resources Revenue of the Department of
			 the Interior relating to consolidated Federal oil and gas and Federal and
			 Indian coal valuation reform.

 That Congress disapproves the rule submitted by the Office of Natural Resources Revenue of the Department of the Interior relating to Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform (published at 81 Fed. Reg. 43337 (July 1, 2016)), and such rule shall have no force or effect.


115 HR 7007 IH: Myles Edward Scott 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. 7007IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2018Mrs. Torres introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Administrator of the Environmental Protection Agency to study State efforts to
			 regulate certain uses of nitrous oxide, and for other purposes.

 1.Short titleThis Act may be cited as the Myles Edward Scott Act. 2.ReportNot later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation and the Commissioner of the Food and Drug Administration, shall submit to Congress a report containing—
 (1)the results of a study of State regulatory requirements with respect to nitrous oxide that is manufactured and sold for use in automotive applications; and
 (2)recommendations for Federal requirements with respect to such manufacture and sale that are needed to protect human health and safety.


IV
111th CONGRESS
1st Session
H. RES. 201
In the House of Representatives, U. S.,

March 4, 2009

RESOLUTION
Recognizing Beverly Eckert’s service to the Nation and particularly to the survivors and families of the September 11, 2001, attacks.

Whereas on the morning of September 11, 2001, terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City and a third into the Pentagon outside Washington, DC;
Whereas the passengers and crew aboard United Flight 93 acted heroically to prevent the terrorist hijackers from taking additional American lives, by crashing the plane in Shanksville, Pennsylvania and sacrificing their own lives instead;
Whereas thousands of innocent men, women, and children were brutally murdered in the attacks of September 11, 2001;
Whereas pursuant to Public Law 107–306, the 9/11 Commission was formed to ascertain, evaluate, and report on the evidence regarding the terrorist attacks;
Whereas the 9/11 Commission was also required in Public Law 107–306 to make a full and complete accounting of the circumstances surrounding the terrorist attacks, report on the United States’ preparedness for, and immediate response to, terrorist attacks, and make findings, conclusions, and recommendations for corrective measures that could be taken to prevent, prepare, and respond to acts of terrorism;
Whereas the 9/11 Commission stated in its report that it “interviewed more than 1,200 individuals” to assist in making its recommendations;
Whereas one of the groups representing the victims, “Voices of September 11”, testified before the 9/11 Commission;
Whereas Beverly Eckert was the widow of Mr. Sean Rooney, who died in the September 11, 2001, terrorist attacks on the World Trade Center and following her husband’s death, Beverly Eckert co-founded “Voices of September 11”, an advocacy group for survivors and 9/11 families;
Whereas Beverly Eckert was instrumental in the development and growth of this important advocacy group, which now claims more than 5,500 members;
Whereas Beverly Eckert worked admirably with the 110th Congress and was a key proponent in the final passage of the “Implementing the 9/11 Commission Recommendations Act of 2007” as the legislation to effectuate the recommendations of the 9/11 Commission to prevent, prepare, and respond to acts of terrorism; and
Whereas the United States will forever be grateful for the services of Beverly Eckert and mourn her loss: Now, therefore, be it

That the House of Representatives—
(1)acknowledges Beverly Eckert’s service to the Nation and particularly to the survivors and families of the September 11, 2001, attacks;
(2)recognizes Beverly Eckert’s work to help bring about implementation of the 9/11 Commission recommendations to prepare, prevent, and respond to acts of terrorism; and
(3)extends its deepest condolences to the family of Beverly Eckert and the families of all those who lost their lives due to the crash of Continental Connection Flight 3407.

Lorraine C. Miller,Clerk.


I
112th CONGRESS
2d Session
H. R. 4577
IN THE HOUSE OF REPRESENTATIVES

April 24, 2012
Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend and modify the temporary reduction of duty on mixtures containing Isoxaflutole and Cyprosulfamide.

1.Mixtures containing Isoxaflutole and Cyprosulfamide
(a)In generalHeading 9902.40.65 of the Harmonized Tariff Schedule of the United States (relating to mixtures containing Isoxaflutole and Cyprosulfamide) is amended—
(1)by striking 3.5% and inserting 2.7%; and
(2)by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendments made by subsection (a) apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.