115 HR 2600 : To provide for the conveyance to the State of Iowa of the reversionary interest held by the United States in certain land in Pottawattamie County, Iowa, and for other purposes.
U.S. House of Representatives
2017-11-02
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.

		IIB
		115th CONGRESS1st Session
		H. R. 2600
		IN THE SENATE OF THE UNITED STATES
		November 2, 2017 Received; read twice and referred to the Committee on Energy and Natural ResourcesAN ACT
		To provide for the conveyance to the State of Iowa of the reversionary interest held by the United
			 States in certain land in Pottawattamie County, Iowa, and for other
			 purposes.

		1.Conveyance of reversionary interest required
 (a)ConveyanceNot later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall convey, without consideration, to the State of Iowa the reversionary interest held by the United States and described in the quit claim deed dated April 13, 1998, instrument number 19170, as recorded in book 98, page 55015, in Pottawattamie County, Iowa.
 (b)CostsAs a condition of the conveyance under subsection (a), all costs associated with such conveyance shall be paid by the State of Iowa.
 (c)Sense of CongressIt is the sense of Congress that the State of Iowa should continue to provide information regarding the Lewis and Clark National Historic Trail, the California National Historic Trail, and the Mormon Pioneer National Historic Trail.

	Passed the House of Representatives November 1, 2017.Karen L. Haas,Clerk


114 HR 1107 RH: Bureau of Reclamation Transparency Act
U.S. House of Representatives
2015-12-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 279
114th CONGRESS 1st Session
H. R. 1107
[Report No. 114–366]
IN THE HOUSE OF REPRESENTATIVES

February 26, 2015
Mr. Gosar (for himself, Mr. Amodei, Mr. Barton, Mr. Cartwright, Mr. Coffman, Mr. Franks of Arizona, Mr. Garamendi, Mr. Hardy, Mr. Heck of Nevada, Mr. Huffman, Mrs. Kirkpatrick, Mr. Ted Lieu of California, Mrs. Lummis, Mr. McClintock, Mr. Miller of Florida, Mr. Pearce, Mr. Salmon, Mr. Tipton, Mr. Zinke, Mr. Denham, Mrs. Napolitano, and Ms. Sinema) introduced the following bill; which was referred to the Committee on Natural Resources

December 3, 2015
Additional sponsors: Ms. McSally, Mr. Gibson, Mr. Pocan, and Mr. Costa

December 3, 2015
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on February 26, 2015

A BILL
To require the Secretary of the Interior to submit to Congress a report on the efforts of the Bureau of Reclamation to manage its infrastructure assets.

1.Short titleThis Act may be cited as the Bureau of Reclamation Transparency Act. 2.FindingsCongress finds that—
(1)the water resources infrastructure of the Bureau of Reclamation provides important benefits related to irrigated agriculture, municipal and industrial water, hydropower, flood control, fish and wildlife, and recreation in the 17 Reclamation States; (2)as of 2013, the combined replacement value of the infrastructure assets of the Bureau of Reclamation was $94,500,000,000;
(3)the majority of the water resources infrastructure facilities of the Bureau of Reclamation are at least 60 years old; (4)the Bureau of Reclamation has previously undertaken efforts to better manage the assets of the Bureau of Reclamation, including an annual review of asset maintenance activities of the Bureau of Reclamation known as the Asset Management Plan; and
(5)actionable information on infrastructure conditions at the asset level, including information on maintenance needs at individual assets due to aging infrastructure, is needed for Congress to conduct oversight of Reclamation facilities and meet the needs of the public. 3.DefinitionsIn this Act:
(1)Asset
(A)In generalThe term asset means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States: (i)Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.
(ii)Capitalized and noncapitalized heavy equipment and other installed equipment. (B)InclusionsThe term asset includes assets described in subparagraph (A) that are considered to be mission critical.
(2)Asset Management ReportThe term Asset Management Report means— (A)the annual plan prepared by the Bureau of Reclamation known as the Asset Management Plan; and
(B)any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation. (3)Major repair and rehabilitation needThe term major repair and rehabilitation need means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.
(4)Reclamation facilityThe term Reclamation facility means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project. (5)Reclamation projectThe term Reclamation project means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation.
(6)Reserved worksThe term reserved works means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance. (7)SecretaryThe term Secretary means the Secretary of the Interior.
(8)Transferred worksThe term transferred works means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation. 4.Asset management report enhancements for reserved works (a)In generalNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that—
(1)describes the efforts of the Bureau of Reclamation— (A)to maintain in a reliable manner all reserved works at Reclamation facilities; and
(B)to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and (2)expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b).
(b)Infrastructure Maintenance Needs Assessment
(1)In generalThe Asset Management Report submitted under subsection (a) shall include— (A)a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and
(B)to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project. (2)InclusionsTo the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include—
(A)a budget level cost estimate of the appropriations needed to complete each item; and (B)an assignment of a categorical rating for each item, consistent with paragraph (3).
(3)Rating requirements
(A)In generalThe system for assigning ratings under paragraph (2)(B) shall be— (i)consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and
(ii)subject to the guidance and instructions issued under subparagraph (B). (B)GuidanceAs soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities.
(4)Public availabilityExcept as provided in paragraph (5), the Secretary shall make publicly available, including on the Internet, the Asset Management Report required under subsection (a). (5)ConfidentialityThe Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information.
(c)UpdatesNot later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 5(b)(2). (d)ConsultationTo the extent that such consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with—
(1)the Secretary of the Army (acting through the Chief of Engineers); and (2)water and power contractors.
5.Asset management report enhancements for transferred works
(a)In generalThe Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 4(b). (b)Guidance (1)In generalAfter considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 4(b)(3).
(2)UpdatesThe ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 4(c).   December 3, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


113 HR 550 IH: Phantom Fuel Reform Act of 2013
U.S. House of Representatives
2013-02-06
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.

		I
		113th CONGRESS
		1st Session
		H. R. 550
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Mr. Harper (for
			 himself and Mr. Matheson) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the renewable fuel program under section 211(o)
		  of the Clean Air Act to require the cellulosic biofuel requirement to be based
		  on actual production.

		1.Short titleThis Act may be cited as the
			 Phantom Fuel Reform Act of
			 2013.
		2.Cellulosic
			 biofuel requirement based on actual production
			(a)Provision of
			 estimate of volumes of cellulosic biofuelSection 211(o)(3)(A) of the Clean Air Act
			 (42 U.S.C. 7545(o)(3)(A)) is amended—
				(1)by inserting (i) before
			 Not later than; and
				(2)by adding at the
			 end the following new clause:

						(ii)(I)In determining any
				estimate under clause (i), with respect to the following calendar year, of the
				projected volume of cellulosic biofuel production (as described in paragraph
				(7)(D)(i)), the Administrator of the Energy Information Administration
				shall—
								(aa)for each cellulosic biofuel
				production facility that is producing (and continues to produce) cellulosic
				biofuel during the period of January 1 through October 31 of the calendar year
				in which the estimate is made (in this clause referred to as the current
				calendar year)—
									(AA)determine the average monthly volume of
				cellulosic biofuel produced by such facility, based on the actual volume
				produced by such facility during such period; and
									(BB)based on such average monthly volume of
				production, determine the estimated annualized volume of cellulosic biofuel
				production for such facility for the current calendar year; and
									(bb)for each cellulosic biofuel production
				facility that begins initial production of (and continues to produce)
				cellulosic biofuel after January 1 of the current calendar year—
									(AA)determine the average monthly volume of
				cellulosic biofuel produced by such facility, based on the actual volume
				produced by such facility during the period beginning on the date of initial
				production of cellulosic biofuel by the facility and ending on October 31 of
				the current calendar year; and
									(BB)based
				on such average monthly volume of production, determine the estimated
				annualized volume of cellulosic biofuel production for such facility for the
				current calendar year.
									(II)An estimate under clause (i) with
				respect to the following calendar year of the projected volume of cellulosic
				biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the
				total of the estimated annual volumes of cellulosic biofuel production for all
				cellulosic biofuel production facilities described in subclause (I) for the
				current calendar
				year.
							.
				(b)Reduction in
			 applicable volumeSection 211(o)(7)(D)(i) of the Clean Air Act
			 (42 U.S.C. 7545(o)(7)(D)(i)) is amended by—
				(1)striking
			 based on the and inserting using the
			 exact;
				(2)striking
			 may and inserting shall; and
				(3)striking by
			 the same or a lesser volume and inserting by the same
			 volume.


115 HR 692 IH: Child Interstate Abortion Notification Act
U.S. House of Representatives
2017-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 692IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Ms. Ros-Lehtinen (for herself, Mr. Jones, Mrs. Wagner, Mr. Hultgren, Mr. Franks of Arizona, Mr. Diaz-Balart, Mr. Roe of Tennessee, Mr. Duncan of South Carolina, Mr. Walberg, Mr. Ratcliffe, Mr. Shimkus, Mr. Kelly of Pennsylvania, Mr. Brady of Texas, Mr. Barletta, Mr. Kelly of Mississippi, Ms. Foxx, Mr. Lamborn, Mr. Curbelo of Florida, Mr. Jordan, Mr. Yoho, Mr. Pearce, Mr. Aderholt, Mr. Hensarling, Mr. Collins of Georgia, Mr. Duncan of Tennessee, Mr. Johnson of Ohio, Mr. Hudson, Mr. Mooney of West Virginia, Mr. Latta, Mr. Rothfus, Mr. Huizenga, Mr. Olson, Mrs. Blackburn, Mr. Farenthold, Mr. Grothman, Mr. Poe of Texas, Mr. LaMalfa, Mr. Messer, Mr. Chabot, and Mr. Amash) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to prohibit taking minors across State lines in
			 circumvention of laws requiring the involvement of parents in abortion
			 decisions.

 1.Short titleThis Act may be cited as the Child Interstate Abortion Notification Act. 2.Transportation of minors in circumvention of certain laws relating to abortionTitle 18, United States Code, is amended by inserting after chapter 117 the following:

				117ATRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION

						Sec.
						2431. Transportation of minors in circumvention of certain laws relating to abortion.
						2432. Transportation of minors in circumvention of certain laws relating to abortion.
					2431.Transportation of minors in circumvention of certain laws relating to abortion
						(a)Offense
 (1)GenerallyExcept as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor’s abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both.
 (2)DefinitionFor the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides.
							(b)Exceptions
 (1)The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself.
 (2)A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section.
 (c)Affirmative DefenseIt is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant—
 (1)reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State where the minor resides; or
 (2)was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion.
 (d)Civil ActionAny parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a).
 (e)DefinitionsFor the purposes of this section— (1)the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
 (A)to intentionally kill the unborn child of a woman known to be pregnant; or (B)to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child;
 (2)the term law requiring parental involvement in a minor’s abortion decision means a law— (A)requiring, before an abortion is performed on a minor, either—
 (i)the notification to, or consent of, a parent of that minor; or (ii)proceedings in a State court; and
 (B)that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph;
 (3)the term minor means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor’s abortion decision;
 (4)the term parent means— (A)a parent or guardian;
 (B)a legal custodian; or (C)a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor’s abortion decision as a person to whom notification, or from whom consent, is required; and
 (5)the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation.
 2432.Transportation of minors in circumvention of certain laws relating to abortionNotwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms State, minor, and abortion have, respectively, the definitions given those terms in section 2435..
 3.Child interstate abortion notificationTitle 18, United States Code, is amended by inserting after chapter 117A the following:  117BCHILD INTERSTATE ABORTION NOTIFICATION  Sec. 2435. Child interstate abortion notification. 2435.Child interstate abortion notification (a)Offense (1)GenerallyA physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both.
 (2)Parental notificationA physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not accomplished after a reasonable effort has been made, at least 24 hours constructive notice must be given to a parent before the abortion is performed.
 (b)ExceptionsThe notification requirement of subsection (a)(2) does not apply if— (1)the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law;
 (2)the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion;
 (3)the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect;
 (4)the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or
 (5)the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor.
 (c)Civil ActionAny parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a).
 (d)DefinitionsFor the purposes of this section— (1)the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
 (A)to intentionally kill the unborn child of a woman known to be pregnant; or (B)to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child;
 (2)the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician;
 (3)the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded;
 (4)the term law requiring parental involvement in a minor’s abortion decision means a law— (A)requiring, before an abortion is performed on a minor, either—
 (i)the notification to, or consent of, a parent of that minor; or (ii)proceedings in a State court; and
 (B)that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph;
 (5)the term minor means an individual who has not attained the age of 18 years and who is not emancipated under the law of the State in which the minor resides;
 (6)the term parent means— (A)a parent or guardian;
 (B)a legal custodian; or (C)a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides,
 as determined by State law;(7)the term physician means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and
 (8)the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation..
 4.Clerical amendmentThe table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items:

					117A.Transportation of minors in circumvention of certain laws relating to abortion2431
					117B. Child interstate abortion notification2435.
		5.Severability and effective date
 (a)The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.
 (b)This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 3554
		IN THE SENATE OF THE UNITED
		  STATES

			September 24
			 (legislative day, September 17), 2008
			Mr. Smith (for himself
			 and Mr. Lieberman) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To provide employees of small employers
		  with access to quality, affordable health insurance coverage.

		1.Short title; table of contents
			(a)Short titleThis Act may be cited as the
			 Affordable Coverage for Small
			 Employers Act of 2008.
			(b)Table of contentsThe table of contents for this Act is as
			 follows:

					Sec. 1. Short title;
				table of contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					Sec. 4. National Health Coverage Policy Board.
					Sec. 5. Health Coverage Exchange Regions.
					Sec. 6. Regional Health Coverage Exchanges.
					Sec. 7. Health plan offered through an Exchange.
					Sec. 8. Refundable credit for health insurance
				coverage.
					Sec. 9. Refundable credit for small employer health insurance
				expenses.
					Sec. 10. Reports and evaluations.
					Sec. 11. Reporting insurance status.

			2.FindingsCongress makes the following
			 findings:
			(1)Forty-seven million Americans lack
			 consistent access to quality, affordable health coverage. The chronic problem
			 of the uninsured ranks as one of the Nation’s most pressing health care
			 challenges.
			(2)More than half of uninsured Americans are
			 employed by small businesses, or firms with fewer than 100 employees.
			(3)Research shows that affordability is a key
			 barrier to small businesses purchasing coverage in the private market.
			 Sixty-three percent of uninsured businesses cite affordability as a major
			 reason that they do not offer health benefits to their employees.
			(4)Surveys also indicate that 71 percent of
			 small employers would offer their employees health benefits if the government
			 provided assistance with premiums.
			(5)Offering health benefits is not only good
			 for employees’ health, it is good for the health of businesses. Small employers
			 report access to affordable health insurance coverage as a key factor in their
			 economic performance. Of those small employers who do offer health benefits to
			 their employees, 64 percent believe it increases productivity by keeping
			 employees healthy and 58 percent claim it reduces absenteeism.
			(6)While there may be varying ideas on how
			 best to provide affordable coverage to small employers, one thing is clear: the
			 solution lies in a cooperative effort between individuals, employers, and
			 Federal and State governments.
			(7)As part of reforming the Nation’s health
			 care system, Congress should make it a priority to reduce the number of
			 uninsured by helping small businesses purchase affordable coverage for their
			 employees.
			3.DefinitionsIn this Act:
			(1)EmployerThe term employer has the
			 meaning given such term under section 3(5) of the Employee Retirement Income
			 Security Act of 1974.
			(2)ExchangeThe term Exchange means a
			 Regional Health Coverage Exchange established under section 6.
			(3)National Policy BoardThe term National Policy Board
			 means the National Health Coverage Policy Board established under section
			 4.
			(4)RegionThe term Region means a Health
			 Coverage Exchange Region established under section 5.
			(5)Regional BoardsThe term Regional Boards means
			 the board of a Regional Health Coverage Exchange established under section
			 6.
			(6)SecretaryThe term Secretary means the
			 Secretary of Health and Human Services.
			(7)Small employer
				(A)In generalThe term small employer means,
			 with respect to a plan year, an employer who employed an average of at least 2
			 but not more than 100 full-time employees on business days during the preceding
			 calendar year and who employs at least 2 employees on the first day of the plan
			 year. Such term may include a sole proprietor if determined appropriate by a
			 Regional Board.
				(B)Application of certain rules in
			 determination of employer sizeFor purposes of this paragraph—
					(i)Application of aggregation rule for
			 employersAll persons treated
			 as a single employer under subsection (b), (c), (m), or (o) of section 414 of
			 the Internal Revenue Code of 1986 shall be treated as 1 employer.
					(ii)Employers not in existence in preceding
			 yearIn the case of an
			 employer which was not in existence throughout the preceding calendar year, the
			 determination of whether such employer is a small or large employer shall be
			 based on the average number of employees that it is reasonably expected such
			 employer will employ on business days in the current calendar year.
					(iii)PredecessorsAny reference in this subsection to an
			 employer shall include a reference to any predecessor of such employer.
					(8)Sole proprietorThe term sole proprietor means
			 a business structure in which an individual and his or her company are
			 considered a single entity for Federal tax and liability purposes, and he or
			 she reports business income or losses on his or her individual income tax
			 return.
			(9)StateThe term State means each of
			 the several States of the United States, the District of Columbia, and any
			 territory sufficiently regulating its insurance market as determined by the
			 National Association of Insurance Commissioners.
			4.National Health Coverage Policy
			 Board
			(a)Establishment
				(1)In generalThere shall be established as an
			 independent agency a National Health Coverage Policy Board that shall be
			 composed of 9 members, to be appointed by the President not later than 12
			 months after the date of enactment of this Act, by and with the advice and
			 consent of the Senate, for terms of 6 years, except that the terms of the
			 initial members of the National Policy Board shall be staggered. Upon the
			 expiration of their terms of office, members of the National Policy Board shall
			 continue to serve until their successors are appointed and have
			 qualified.
				(2)Requirement of expertiseIn selecting the members of the National
			 Policy Board, the President shall ensure that such membership include
			 representatives of insurance commissioners, insurance issuers and producers,
			 health care providers, small employers, health plan accreditors, actuaries,
			 health care quality experts, and consumers, and that such members provide
			 geographical diversity.
				(3)Ex officio membersThe Secretary of Health and Human Services
			 and the Secretary of the Treasury, or their designees, shall serve as ex
			 officio members of the National Health Coverage Policy Board.
				(4)CompensationA member of the National Policy Board shall
			 be entitled to compensation at the per diem equivalent of the rate provided for
			 level IV of the Executive Schedule under section 5315 of title 5, United States
			 Code, and while so serving away from home and the member's regular place of
			 business, a member may be allowed travel expenses, as authorized by the
			 Chairperson of the National Policy Board.
				(b)DutiesThe National Policy Board shall—
				(1)apportion the United States into Health
			 Coverage Exchange Regions, pursuant to section 5;
				(2)provide for the establishment, and oversee
			 the administration of Regional Health Coverage Exchanges pursuant to section
			 6;
				(3)establish and appoint members to the
			 Regional Health Coverage Exchange Board for each of the Regions established
			 under section 6;
				(4)determine a comprehensive, quality, and
			 affordable standard benefit package and cost sharing requirements in accordance
			 with subsection (c);
				(5)develop and recommend maximum rating
			 guidelines for each Exchange, which shall take into consideration existing
			 requirements in each State in the Region;
				(6)establish and update regularly the quality
			 and efficiency performance and reporting requirements for health plans offered
			 through an Exchange;
				(7)provide technical assistance to Regional
			 Boards as necessary;
				(8)submit an annual report to Congress
			 concerning the activities of the National Policy Board; and
				(9)carry out any other activities determined
			 appropriate by the Secretary.
				(c)Standard benefit package
				(1)In generalThe standard benefit package developed
			 under subsection (b)(4) shall, at a minimum, include coverage for—
					(A)preventive items and services (including
			 well baby care, well child care, and appropriate immunizations), as recommended
			 by the United States Preventive Services Task Force;
					(B)chronic disease care services, which may
			 include disease management, care coordination, and case management
			 programs;
					(C)inpatient and outpatient hospital services
			 (including mental health care and maternity care);
					(D)physicians’ surgical and medical
			 services;
					(E)laboratory and imaging services; and
					(F)dental and prescription drug
			 coverage.
					(2)Initial packageThe initial standard benefit package
			 developed by the National Policy Board under subsection (b)(4) shall have
			 benefits that are similar to or not less than the actuarial value of health
			 benefits coverage in any of the 4 largest health benefits plans (determined by
			 enrollment) offered under the Federal Employee Health Benefit Program under
			 chapter 89 of title 5, United States Code. Such benefit package shall remain in
			 effect for a 2-year period.
				(3)RevisionsNot later than 2 years after the
			 development of the standard benefit package under subsection (b)(4), and
			 annually thereafter, the National Policy Board, in consultation with the
			 Institute of Medicine, shall review and make revisions to such benefit package
			 to ensure that coverage is provided for all medically reasonable and necessary
			 items and services. Such revisions shall be made in accordance with available
			 clinical practice guidelines and advances in medical science which have been
			 demonstrated to meaningfully improve health outcomes.
				(d)Annual auditsThe National Policy Board shall submit to
			 Secretary and the appropriate committees of Congress an annual financial audit
			 of the activities of the National Policy Board, to be conducted by an
			 independent party.
			(e)Administrative provisions
				(1)ChairpersonOf the individuals appointed to the
			 National Policy Board under subsection (a)(1), one member shall be designated
			 by the President, by and with the advice and consent of the Senate, to serve as
			 the Chairperson of the National Policy Board for a term of 6 years, and one
			 shall be designated by the President, by and with the consent of the Senate, to
			 serve as Vice Chairperson of the National Policy Board for a term of 4 years.
			 The Chairperson of the National Policy Board, subject to its supervision, shall
			 be its active executive officer.
				(2)Quorum; approval
					(A)QuorumA majority of the members of the National
			 Policy Board shall constitute a quorum, but a lesser number of members may hold
			 hearings.
					(B)ApprovalAn affirmative vote of a majority of the
			 members of the National Policy Board is required for approval of all National
			 Policy Board decisions.
					(3)Meetings
					(A)In generalThe National Policy Board shall meet at the
			 call of the Chairperson. At meetings of the National Policy Board the
			 Chairperson shall preside, and, in his or her absence, the vice chairperson
			 shall preside. In the absence of the Chairperson and the vice chairperson, the
			 National Policy Board shall elect a member to act as chairperson pro
			 tempore.
					(B)Regional board meetingsIn addition to other meetings the National
			 Policy Board may hold, the National Policy Board shall hold an annual meeting
			 with the Regional Boards, for the purpose of having Regional Boards report
			 progress towards expanding access to health coverage for employees of small
			 businesses and for an exchange of information.
					(4)HearingsThe National Policy Board may hold such
			 hearings, sit and act at such times and places, take such testimony, and
			 receive such evidence as the National Policy Board considers advisable to carry
			 out the purposes of this section.
				(5)InformationThe National Policy Board may secure
			 directly from any Federal department or agency such information as the National
			 Policy Board considers necessary to carry out the provisions of this section.
			 Upon request of the Chairperson of the National Policy Board, the head of such
			 department of agency shall furnish such information to the National Policy
			 Board if the head of such department or agency determines it
			 appropriate.
				(6)Postal servicesThe National Policy Board may use the
			 United States mails in the same manner and under the same conditions as other
			 departments and agencies of the Federal Government.
				(7)Travel expensesThe members of the National Policy Board
			 shall be allowed travel expenses, including per diem in lieu of subsistence, at
			 rates authorized for employees of agencies under subchapter I of chapter 57 of
			 title 5, United States Code, while away from their homes or regular places of
			 business in the performance of services for the National Policy Board.
				(8)OfficesThe principal offices of the National
			 Policy Board shall be in the District of Columbia.
				(9)Experts and employeesThe National Policy Board shall have the
			 power to employ such attorneys, experts, assistants, clerks, or other employees
			 as may be deemed necessary to conduct the business of the National Policy
			 Board. All salaries and fees shall be fixed in advance by the National Policy
			 Board and shall be paid in the same manner as the salaries of the members of
			 the National Policy Board.
				(10)EnforcementThe National Policy Board may act in its
			 own name and through its own attorneys in enforcing any provision of this Act,
			 regulations promulgated hereunder, or any other law or regulation, or in any
			 action, suit, or proceeding to which the National Policy Board is a
			 party.
				(11)Detail of government
			 employeesAny Federal
			 Government employee may be detailed to the National Policy Board without
			 reimbursement, and such detail shall be without interruption or loss of civil
			 service status or privilege.
				(12)Temporary and intermittent
			 servicesThe Chairperson of
			 the National Policy Board may procure temporary and intermittent services under
			 section 3109(b) of title 5, United States Code, at rates for individuals which
			 do not exceed the daily equivalent of the annual rate of basic pay prescribed
			 for level V of the Executive Schedule under section 5316 of such title.
				(13)Annual request for fundingThe National Policy Board shall submit an
			 annual request to the Secretary for funding to carry out this section.
				(14)Authorization of
			 appropriationsThere is
			 authorized to be appropriated for each fiscal year, such sums as may be
			 necessary to maintain the functions of the National Policy Board.
				5.Health Coverage Exchange Regions
			(a)In generalThe National Policy Board shall divide the
			 United States into Health Coverage Exchange Regions. Such Regions may be
			 reapportioned and new Regions may from time to time be established by the
			 National Policy Board. No Region may contain less than 2 States.
			(b)Apportionment
				(1)In generalIn establishing Regions under subsection
			 (a), the National Policy Board shall ensure that such Regions are apportioned
			 with due regard to the convenience and customary course of business, including
			 existing State insurance rating guidelines and regulations.
				(2)ConsiderationsRegions under this section need not consist
			 of coterminous States. In determining whether a Region will consist of States
			 that are not coterminous, the National Policy Board shall consider the market
			 availability of health plans and whether plans in the Region can comply with
			 State network adequacy requirements.
				(3)AppealsA State may submit an appeal to the
			 National Policy Board if the State desires to be assigned to another Health
			 Coverage Exchange Region. In such an appeal, a State shall provide reasonable
			 justification that the convenience and customary course of business of the
			 State, including existing State insurance rating guidelines and regulations,
			 are more similar to a Region other than the Region to which the State was
			 initially assigned by the National Policy Board.
				(c)ExchangesWithin each Region, the National Policy
			 Board shall establish a health coverage exchange as provided for under section
			 6.
			6.Regional Health Coverage Exchanges
			(a)Regional health care
			 exchangesThe Board shall
			 establish Regional Health Coverage Exchanges to serve as central purchasing
			 sites for health coverage, to provide information to purchasers and consumers
			 about participating health plans, to facilitate enrollment, and to ensure
			 health plan compliance with minimum requirements for benefit design, quality,
			 efficiency and transparency.
			(b)Establishment and appointment
				(1)In generalThe National Policy Board shall establish
			 and appoint the members of a Regional Health Coverage Exchange Board for each
			 Region. The National Policy Board shall—
					(A)determine the number of members of each
			 Regional Board which shall be dependent upon the size of the Region involved;
			 and
					(B)establish a process whereby State officials
			 and other stakeholders submit nominations for appointment to each Regional
			 Board.
					(2)RequirementsAt a minimum the membership of each
			 Regional Board shall include the State insurance commissioner from each State
			 in the Region involved and other members who shall be representative of health
			 insurance issuers and producers, health care providers, health plan
			 accreditors, small employers, health care quality experts, and
			 consumers.
				(3)TermsIn appointing members of a Regional Board,
			 the National Policy Board shall ensure that the terms of service for such
			 members are staggered and that no term exceeds 6 years.
				(c)DutiesThe Regional Board, shall—
				(1)develop common rating guidelines relating
			 to the health insurance market for small employers, pursuant to subsection
			 (d);
				(2)establish and administer the Exchange to
			 assist small employers within the Region with purchasing health coverage for
			 themselves and their employees, as described in subsection (d);
				(3)provide assistance to States within the
			 Region concerning health plan quality and efficiency compliance and
			 enforcement;
				(4)consult with the National Association of
			 Insurance Commissioners and develop a mechanism to lessen such risk selection
			 as may occur among plans participating in the Exchange through the application
			 of regional risk adjustment requirements that are submitted to and approved by
			 the National Policy Board;
				(5)collect data for evaluation, and for
			 reporting to the public and the National Policy Board, concerning the overall
			 effectiveness of the Exchange, which may include number of enrollees, types of
			 benefit options offered by health insurance issuers, the rating guidelines
			 implemented, marketing practices, quality oversight, and any enforcement
			 procedures applied;
				(6)submit annual reports to the National
			 Policy Board concerning the activities and evaluation of the Exchange;
			 and
				(7)carry out other activities determined
			 appropriate by the National Policy Board.
				(d)Common regulatory guidelines; State
			 adoption
				(1)Common regulatory guidelines
					(A)In generalNot later than 6 months after the date on
			 which the members of the Regional Board are appointed, such Regional Board
			 shall develop and submit common rating guidelines to the National Policy Board
			 for review and approval.
					(B)ApprovalThe National Policy Board shall notify the
			 Regional Board of its decision with respect to common rating guidelines within
			 60 days of the receipt of the submission of such guidelines under subparagraph
			 (A). If the National Policy Board does not approve such guidelines, the
			 National Policy Board shall provide the Regional Board with a justification for
			 such decision. The Regional Board may resubmit modified common rating
			 guidelines for approval within the 30-day period beginning on that date of such
			 notification of the National Policy Board’s initial decision.
					(C)LimitationThe common guidelines under this paragraph
			 may not include—
						(i)health status as an allowable rating
			 factor; or
						(ii)waiting periods or exclusion of coverage
			 for pre-existing conditions.
						(D)ModificationsA Regional Board that desires to modify the
			 common rating guidelines approved by the National Policy Board under
			 subparagraph (A) shall submit a report to the National Policy Board that
			 describes the proposed modification and how such modification will affect
			 consumer access to affordable health coverage for review and approval. The
			 National Policy Board shall notify the Regional Board of its decision with
			 respect to such modification within 60 days of receipt of the modification
			 request. Approval of such proposed modifications shall be contingent upon
			 assurances that access to health coverage for small employers and their
			 employees would be maintained.
					(E)Failure to developIf the Regional Board is unable to develop
			 common rating guidelines within the period provided for under subparagraph (A),
			 the National Policy Board may develop such guidelines to be applied by the
			 Regional Board or reapportion the States within the Region involved to other
			 Regions.
					(2)State adoption
					(A)In generalNot later than 3 years after the date on
			 which the Regional Board is appointed, each State in the Region involved shall
			 enact the laws necessary to regulate its small group insurance market in
			 accordance with the guidelines developed by the Regional Board under paragraph
			 (1). The National Policy Board may permit a State to phase-in the enactment of
			 the guidelines developed under paragraph (1) over a period not to exceed 3
			 years.
					(B)Failure to enactIf a State fails to enact and implement the
			 guidelines developed under paragraph (1) within the period provided for under
			 subparagraph (A), the small employers in such State—
						(i)shall not be permitted to purchase health
			 coverage through the Exchange; and
						(ii)shall not be eligible for the refundable
			 income tax credit under section 36A of the Internal Revenue Code of
			 1986.
						(C)Certain
			 StatesStates that have
			 legislatures meeting biennially and that make a good faith effort to implement
			 the rating guidelines for its Region may have the penalties described in
			 subparagraph (B) waived at the discretion of the National Policy Board. If a
			 State fails to fully implement the Region's common guidelines by the date that
			 is 1 year after the end of its next legislative session, the National Policy
			 Board shall enforce the penalties described in such subparagraph with respect
			 to such State.
					(D)Determination by regions with respect to
			 coverage of additional populationsA Regional Board shall permit sole
			 proprietors and individuals to purchase coverage through the Exchange if the
			 State involved elects to permit such coverage. A State within a Region that
			 permits sole proprietors or individuals to purchase coverage through the
			 Exchange shall regulate the individual health insurance markets within the
			 State in accordance with the common rating guidelines provided for in this
			 subsection. To mitigate the risk of adverse selection within such markets, the
			 Regional Board may exercise additional flexibility by taking group size into
			 account when developing common rating guidelines.
					(E)Determination by States with respect to
			 exceeding small employer size limitsStates may request that the definition of
			 small employer be expanded to include those small employers with
			 more than 100 employees. Such request shall be made in writing and approved by
			 the National Policy Board. The National Policy Board shall take into
			 consideration the availability of refundable income tax credits under section
			 36A of the Internal Revenue Code of 1986, as well as potential impact on access
			 to health coverage for other small employers. The National Policy Board shall
			 act upon a request made under this section not later than 60 days after receipt
			 of such request.
					(F)Crowd-out reductionEach Regional Board shall develop a plan to
			 decrease adverse selection relating to health insurance coverage between the
			 individual market and the Exchange for individuals and sole proprietors
			 eligible to purchase coverage through the Health Coverage Exchange. Such plan
			 shall be submitted to the National Policy Board for approval in conjunction
			 with the submission of common rating guidelines described in this
			 subsection.
					(G)State opt outA State may submit a request to the
			 National Policy Board to opt out of the requirement relating to the adoption of
			 the common guidelines under section 6 if the State can demonstrate that
			 existing State guidelines are more stringent than those recommended by the
			 Regional Board under such section.
					(e)Establishment and administration of
			 exchangeA Regional Board
			 shall establish and administer an Exchange through the following
			 activities:
				(1)The development of streamlined health
			 insurance marketing and enrollment mechanisms, through collaboration with
			 insurance producers, which shall include the establishment and maintenance of
			 an Internet website.
				(2)The development of contracting processes
			 and the conduct of negotiations with insurance issuers that desire to
			 participate in the Exchange.
				(3)(A)Collaboration with participating health
			 insurance issuers and producers to develop health coverage benefit packages to
			 be offered through the Exchange in addition to the standard benefit package
			 provided for in section 4.
					(B)If
			 such standard benefit package does not include all mandated benefits for each
			 State in the Region, the Regional Board may require that health plans
			 participating in the Exchange offer additional, modified plans that meet the
			 requirements of each State in the Region concerning mandated benefits. Any
			 premium adjustments for such modified plans shall be based only on the cost of
			 the added benefits.
					(4)The development of guidelines concerning
			 rules for enrollment periods during which employers may purchase health
			 coverage through the Exchange. Such guidelines shall provide employers
			 operating in States that have adopted the necessary laws and regulations
			 provided for in subsection (c), not less than 12 months for initial enrollment
			 once an Exchange is determined to be operational by the Regional Board.
				(5)Assessing employers that purchase health
			 coverage after the close of the initial enrollment period a reasonable late
			 enrollment penalty unless such employers are able to provide evidence of
			 credible coverage (as provided for in a manner similar to that provided for
			 under section 2701 of the Public Health Service Act) section prior to
			 enrollment in a health plan in the Exchange.
				7.Health plan offered through an
			 Exchange
			(a)In generalTo be eligible to offer health care
			 coverage through an Exchange, a health insurance issuer shall—
				(1)be licensed in each State within the Region
			 in which the issuer operates or sells policies;
				(2)offer at least the standard benefit package
			 developed under section 4(b)(4), and may offer other options as approved by the
			 Regional Board under section 6;
				(3)meet quality and efficiency performance and
			 reporting requirements established by the National Policy Board under section
			 4;
				(4)rate its insurance products based on the
			 small group market guidelines of the Region in which the product is being
			 offered; and
				(5)comply with State network adequacy and all
			 other consumer protection laws.
				(b)Reporting requirements for health
			 plans
				(1)In generalAs a condition of offering health care
			 coverage through the Exchange, a health insurance issuer shall report to
			 consumers, the Regional Board, and the National Policy Board, information
			 concerning quality, cost, administration, and structure with respect to health
			 plans offered by the issuer. The National Policy Board, in collaboration with
			 the Institute of Medicine, may update and modify reporting requirements for
			 purposes of this paragraph on an annual basis.
				(2)QualityA health insurance issuer, with respect to
			 a health plan offered through an Exchange, shall collect, analyze, and report
			 to the National Policy Board and consumers, information on measures of health
			 care quality. Such measures shall—
					(A)include evidence-based measures of
			 effectiveness, efficiency, patient satisfaction, and other measures as
			 determined appropriate by the National Policy Board; and
					(B)at a minimum, incorporate existing quality
			 measurement requirements by health plan accrediting entities, including
			 measures included in the Healthcare Effectiveness Data and Information Set
			 (HEDIS), and the Consumer Assessment of Health Plan Survey administered by the
			 Agency for Healthcare Research and Quality.
					(3)CostsA health insurance issuer, with respect to
			 a health plan offered through an Exchange, shall report to the public and the
			 National Policy Board information concerning cost transparency, through the
			 provision of cost-sharing and common cost estimates for medical procedures,
			 health services and prescription drugs for network hospitals and providers.
			 Such cost-sharing and costs estimates shall include—
					(A)hospital and emergency room fees;
					(B)imaging and radiology;
					(C)laboratories and testing;
					(D)medical supplies and equipment;
					(E)physician office services and therapy
			 services;
					(F)costs for prescription drugs; and
					(G)other data that the National Policy Board
			 determines appropriate.
					(4)Administration; structureA health insurance issuer, with respect to
			 a health plan offered through an Exchange, shall report to the National Policy
			 Board information concerning—
					(A)hospital and provider networks;
					(B)methods of utilization management;
					(C)economic and demographic data on
			 enrollment, revenues, costs, and profits, which may include medical loss
			 ratios;
					(D)benefit packages;
					(E)consumer disputes and complaints filed and
			 resolved; and
					(F)solvency and reserves.
					(5)SubmissionReporting required under this subsection
			 shall be submitted in print and electronic formats on at least an annual
			 basis.
				8.Refundable credit for health insurance
			 coverage
			(a)In generalSubpart C of part IV of subchapter A of
			 chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits)
			 is amended by redesignating section 36 as section 37 and by inserting after
			 section 35 the following new section:

					36.Health insurance costs
						(a)Allowance of creditIn the case of an eligible individual,
				there shall be allowed as a credit against the tax imposed by this subtitle for
				the taxable year an amount equal to the applicable percentage of the premiums
				paid by or on behalf of the taxpayer for qualified health insurance during such
				taxable year.
						(b)Eligible individualFor purposes of this section—
							(1)In generalExcept as provided in paragraph (2), the
				term eligible individual means—
								(A)any employee of a qualifying small employer
				residing in a State which—
									(i)has adopted and is applying the common
				rating guidelines developed under section 6 of the
				Affordable Coverage for Small Employers Act
				of 2008 in the small group market of such State, or
									(ii)has been permitted by the National Policy
				Board to opt out of the requirement of subparagraph (A), pursuant to section
				6(d)(2)(G) of such Act, or
									(B)any other individual residing in such State
				who is permitted to purchase qualified health insurance by a Regional Health
				Coverage Exchange Board under section 6(d)(2)(D) of such Act.
								(2)ExceptionsSuch term shall not include any individual
				for any month if, as of the first day of such month, such individual—
								(A)is entitled to any benefits under title
				XVIII of the Social Security
				Act,
								(B)is eligible for the program under title XIX
				or XXI of such Act,
								(C)is entitled to any benefit under—
									(i)chapter 89 of title 5, United States
				Code,
									(ii)chapter 55 of title 10, United States
				Code,
									(iii)chapter 17 of title 38, United States Code,
				or
									(iv)any medical care program under the
				Indian Health Care Improvement Act,
				or
									(D)is imprisoned under Federal, State, or
				local authority.
								(c)Applicable percentageFor purposes of this section—
							(1)In generalThe applicable percentage is equal to, in
				the case of a taxpayer with modified adjusted gross income for the preceding
				taxable year—
								(A)not exceeding 150 percent of the Federal
				poverty level (as defined in section 673(2) of the Community Services Block
				Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved, 25
				percent,
								(B)exceeding 150 percent but not exceeding 200
				percent of such Federal poverty level, 20 percent,
								(C)exceeding 200 percent but not exceeding 250
				percent of such Federal poverty level, 15 percent,
								(D)exceeding 250 percent but not exceeding 300
				percent of such Federal poverty level, 10 percent, and
								(E)exceeding 300 percent of such Federal
				poverty level, 0 percent.
								(2)Modified adjusted gross
				incomeThe term
				modified adjusted gross income means adjusted gross income
				determined without regard to sections 103, 135, 911, 931 and 933.
							(d)Qualifying small employerFor purposes of this section—
							(1)In generalThe term qualifying small
				employer means any small employer which is located in a State described
				in subsection (b)(1)(A).
							(2)Small employer
								(A)In generalThe term small employer means,
				with respect to a plan year, an employer who employed an average of at least 2
				but not more than 100 full-time employees on business days during the preceding
				calendar year and who employs at least 2 employees on the first day of the plan
				year. Such term may include employers described in section 6(d)(2)(E) of the
				Affordable Coverage for Small Employers Act
				of 2008 and a sole proprietor if determined appropriate by a
				Regional Health Coverage Exchange Board.
								(B)Application of certain rules in
				determination of employer sizeFor purposes of this paragraph—
									(i)Application of aggregation rule for
				employersAll persons treated
				as a single employer under subsection (b), (c), (m), or (o) of section 414
				shall be treated as 1 employer.
									(ii)Employers not in existence in preceding
				yearIn the case of an
				employer which was not in existence throughout the preceding calendar year, the
				determination of whether such employer is a small or large employer shall be
				based on the average number of employees that it is reasonably expected such
				employer will employ on business days in the current calendar year.
									(iii)PredecessorsAny reference to an employer shall include
				a reference to any predecessor of such employer.
									(3)EmployerThe term employer has the
				meaning given such term under section 3(5) of the Employee Retirement Income
				Security Act of 1974.
							(e)Qualified health insuranceFor purposes of this section, the term
				qualified health insurance means any health plan offered through a
				Regional Health Coverage Exchange established under section 6 of the
				Affordable Coverage for Small Employers Act
				of 2008 with standard benefit package coverage developed under
				section 4(b)(4) of such Act or a plan with benefits that are similar to or not
				less than the actuarial value of health benefits coverage under the standard
				benefit package.
						(f)Other definitionsFor purposes of this section, any term used
				in this section which is also used in the Affordable Coverage for Small Employers Act of
				2008 shall have the meaning given such term by such Act.
						(g)Archer MSA and health savings account
				contributions
							(1)In generalIf a deduction would (but for paragraph
				(2)) be allowed under section 220 or 223 to the taxpayer for a payment for the
				taxable year to the Archer MSA or health savings account of an individual,
				subsection (a) shall be applied by treating such payment as a payment for
				qualified health insurance for such individual.
							(2)Denial of double benefitNo deduction shall be allowed under section
				220 or 223 for that portion of the payments otherwise allowable as a deduction
				under section 220 or 223 for the taxable year which is equal to the amount of
				credit allowed for such taxable year by reason of this subsection.
							(h)Special rulesFor purposes of this section—
							(1)Married couples must file joint
				return
								(A)In generalIf the taxpayer is married at the close of
				the taxable year, the credit shall be allowed under subsection (a) only if the
				taxpayer and his spouse file a joint return for the taxable year.
								(B)Marital status; certain married individuals
				living apartRules similar to
				the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes
				of this paragraph.
								(2)Denial of credit to
				dependentsNo credit shall be
				allowed under this section to any individual with respect to whom a deduction
				under section 151 is allowable to another taxpayer for a taxable year beginning
				in the calendar year in which such individual’s taxable year begins.
							(3)Denial of double benefitNo credit shall be allowed under subsection
				(a) if the credit under section 35 is allowed and no credit shall be allowed
				under 35 if a credit is allowed under this section.
							(4)Coordination with deduction for health
				insurance costsIn the case
				of a taxpayer who is eligible to deduct any amount under section 162(l) or 213
				for the taxable year, this section shall apply only if the taxpayer elects not
				to claim any amount as a deduction under such section for such year.
							(5)Medical and health savings
				accountsThe credit allowed
				under subsection (a) for any taxable year shall be reduced by the aggregate
				amount distributed from Archer MSAs (as defined in section 220(d)) and health
				savings accounts (as defined in section 223(d)) which are excludable from gross
				income for such taxable years by reason of being used to pay premiums for
				coverage of an individual under qualified health insurance for any
				month.
							(6)Election not to claim creditThis section shall not apply to a taxpayer
				for any taxable year if such taxpayer elects to have this section not apply for
				such taxable year.
							(7)Verification of coverage, etcNo credit shall be allowed under this
				section with respect to any individual unless such individual’s coverage (and
				such related information as the Secretary may require) is verified in such
				manner as the Secretary may prescribe.
							(8)Insurance which covers other individuals;
				treatment of paymentsRules
				similar to the rules of paragraphs (7) and (8) of section 35(g) shall apply for
				purposes of this section.
							(i)Reduction in credit for advance
				paymentsWith respect to any
				taxable year, the amount which would (but for this subsection) be allowed as a
				credit to the taxpayer under subsection (a) shall be reduced (but not below
				zero) by the aggregate amount paid on behalf of such taxpayer under section
				7529 for months beginning in such taxable year.
						(j)RegulationsThe Secretary shall prescribe such
				regulations and other guidance as may be necessary or appropriate to carry out
				the purposes of this section, section 6050X, and section 7529, including the
				application of the credit with respect to eligible individuals described in
				subsection
				(b)(1)(B).
						.
			(b)Information reporting
				(1)In generalSubpart B of part III of subchapter A of
			 chapter 61 of the Internal Revenue Code of 1986 (relating to information
			 concerning transactions with other persons) is amended by inserting after
			 section 6050W the following new section:

						6050X.Returns relating to payments for qualified
				health insurance
							(a)In generalAny person who, in connection with a trade
				or business conducted by such person, receives payments during any calendar
				year from any individual for coverage of such individual or any other
				individual under creditable health insurance, shall make the return described
				in subsection (b) (at such time as the Secretary may by regulations prescribe)
				with respect to each individual from whom such payments were received.
							(b)Form and manner of returnsA return is described in this subsection if
				such return—
								(1)is in such form as the Secretary may
				prescribe, and
								(2)contains—
									(A)the name, address, and TIN of the
				individual from whom payments described in subsection (a) were received,
									(B)the name, address, and TIN of each
				individual who was provided by such person with coverage under creditable
				health insurance by reason of such payments and the period of such coverage,
				and
									(C)such other information as the Secretary may
				reasonably prescribe.
									(c)Creditable health insuranceFor purposes of this section, the term
				creditable health insurance means qualified health insurance (as
				defined in section 36(e)) other than, to the extent provided in regulations
				prescribed by the Secretary, any other insurance covering an individual if no
				credit is allowable under section 36 with respect to such coverage.
							(d)Statements To be furnished to individuals
				with respect to whom information is requiredEvery person required to make a return
				under subsection (a) shall furnish to each individual whose name is required
				under subsection (b)(2)(A) to be set forth in such return a written statement
				showing—
								(1)the name and address of the person required
				to make such return and the phone number of the information contact for such
				person,
								(2)the aggregate amount of payments described
				in subsection (a) received by the person required to make such return from the
				individual to whom the statement is required to be furnished, and
								(3)the information required under subsection
				(b)(2)(B) with respect to such payments.
								The written statement required under
				the preceding sentence shall be furnished on or before January 31 of the year
				following the calendar year for which the return under subsection (a) is
				required to be made.(e)Returns which would be required To be made
				by 2 or more personsExcept
				to the extent provided in regulations prescribed by the Secretary, in the case
				of any amount received by any person on behalf of another person, only the
				person first receiving such amount shall be required to make the return under
				subsection
				(a).
							.
				(2)Assessable penalties
					(A)Subparagraph (B) of section 6724(d)(1) of
			 such Code (relating to definitions) is amended by striking or at
			 the end of clause (xxi), by striking and at the end of clause
			 (xxii) and inserting or, and by adding after clause (xxii) the
			 following new clause:

							(xxiii)section 6050X (relating to returns relating
				to payments for qualified health
				insurance),
							.
					(B)Paragraph (2) of section 6724(d) of such
			 Code is amended by striking or at the end of subparagraph (CC),
			 by striking the period at the end of subparagraph (DD) and inserting ,
			 or and by adding at the end the following new subparagraph:

							(EE)section 6050X(d) (relating to returns
				relating to payments for qualified health
				insurance).
							.
					(3)Clerical amendmentThe table of sections for subpart B of part
			 III of subchapter A of chapter 61 of such Code is amended by inserting after
			 the item relating to section 6050W the following new item:

							Sec. 6050X. Returns relating to
				payments for qualified health
				insurance.

						.
				(c)Conforming amendments
				(1)Paragraph (2) of section 1324(b) of title
			 31, United States Code, is amended by inserting before the period , or
			 from section 36 of such Code.
				(2)The table of sections for subpart C of part
			 IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended
			 by striking the last item and inserting the following new items:

							Sec. 36. Health insurance
				costs.
							Sec. 37. Overpayments of
				tax.

						.
				(d)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2008.
			(e)Advance payment of credit for purchasers of
			 qualified health insurance
				(1)In generalChapter 77 of the Internal Revenue Code of
			 1986 (relating to miscellaneous provisions) is amended by adding at the end the
			 following new section:

						7529.Advance payment of health insurance credit
				for purchasers of qualified health insurance
							(a)General ruleIn the case of an eligible individual, the
				Secretary shall make payments to the provider of such individual’s qualified
				health insurance equal to such individual’s qualified health insurance credit
				advance amount with respect to such provider.
							(b)Eligible individualFor purposes of this section, the term
				eligible individual means any individual—
								(1)who purchases qualified health insurance
				(as defined in section 36(e)), and
								(2)for whom a qualified health insurance
				credit eligibility certificate is in effect.
								(c)Qualified health insurance credit
				eligibility certificateFor
				purposes of this section, a qualified health insurance credit eligibility
				certificate is a statement furnished by an individual to the Secretary
				which—
								(1)certifies that the individual will be
				eligible to receive the credit provided by section 36 for the taxable
				year,
								(2)estimates the amount of such credit for
				such taxable year, and
								(3)provides such other information as the
				Secretary may require for purposes of this section.
								(d)Qualified health insurance credit advance
				amountFor purposes of this
				section, the term qualified health insurance credit advance amount
				means, with respect to any provider of qualified health insurance, the
				Secretary’s estimate of the amount of credit allowable under section 36 to the
				individual for the taxable year which is attributable to the insurance provided
				to the individual by such
				provider.
							.
				(2)Clerical amendmentThe table of sections for chapter 77 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 item:

							Sec. 7529. Advance payment of
				health insurance credit for purchasers of qualified health
				insurance.

						.
				(3)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2008.
				9.Refundable credit for small employer health
			 insurance expenses
			(a)In GeneralSubpart C of part IV of subchapter A of
			 chapter 1 of the Internal Revenue Code of 1986 (relating to refundable
			 credits), as amended by section 8, is amended by inserting after section 36 the
			 following new section:

					36A.Small employer health insurance
				expenses
						(a)Determination of AmountIn the case of a qualifying small employer,
				there shall be allowed as a credit against the tax imposed by this subtitle for
				the taxable year an amount equal to the applicable percentage of the employer's
				contribution during such taxable year towards the cost of qualified employee
				health insurance expenses. No amount paid or incurred pursuant to a salary
				reduction arrangement shall be taken into account under the preceding
				sentence.
						(b)Applicable percentageFor purposes of subsection (a), the
				applicable percentage is equal to, in the case of an employer contribution
				of—
							(1)at least 50 but less than 60 percent of the
				cost of qualified employee health insurance expenses, 10 percent,
							(2)at least 60 but less than 70 percent of
				such cost, 15 percent,
							(3)at least 70 but less than 80 percent of
				such cost, 20 percent, and
							(4)at least 80 percent of such cost, 25
				percent.
							(c)DefinitionsFor purposes of this section—
							(1)Qualifying small employerThe term qualifying small
				employer has the meaning given such term by section 36(d).
							(2)Qualified employee health insurance
				expenses
								(A)In generalThe term qualified employee health
				insurance expenses means any expenses for qualified health insurance (as
				defined in section 36(e)) to the extent attributable to coverage—
									(i)provided to any employee while such
				employee is a qualified employee, or
									(ii)for the employer, in the case of a sole
				proprietor.
									(B)Qualified employeeThe term qualified employee
				means any individual described in section 36(b) (determined without regard to
				paragraph (1)(B) thereof).
								(d)Certain Rules Made ApplicableFor purposes of this section, rules similar
				to the rules of section 52 shall apply.
						(e)Coordination with advance payments of
				creditWith respect to any
				taxable year, the amount which would (but for this subsection) be allowed as a
				credit to the taxpayer under subsection (a) shall be reduced by the aggregate
				amount paid on behalf of such taxpayer under section 7530 for months beginning
				in such taxable year. If the amount determined under this subsection is less
				than zero, the taxpayer shall owe additional tax in such amount under this
				chapter.
						(f)Credits for Nonprofit
				OrganizationsAny credit
				which would be allowable under subsection (a) with respect to a qualifying
				small employer if such qualifying small employer were not exempt from tax under
				this chapter shall be treated as a credit allowable under this subpart to such
				qualifying small
				employer.
						.
			(b)Advance payments of creditChapter 77 of the Internal Revenue Code of
			 1986, as amended by section 8, is amended by inserting after section 7529 the
			 following new section:

					7530.Advance payment of credit for health
				insurance costs for qualifying small employers
						(a)General ruleNot later than December 31, 2008, the
				Secretary shall establish a program for making monthly payments on behalf of
				any qualifying small employer to providers of qualified health insurance for
				qualified employees of such employer. The amount of the monthly payment for a
				qualifying small employer shall be one twelfth of the amount of the credit for
				the tax year to which the qualifying small employer is entitled under section
				36A. If a monthly payment is made by the Secretary for which the employer is
				not entitled to a corresponding credit, the employer shall owe additional tax
				in such amount under this chapter.
						(b)DefinitionsAny term used in this section which is also
				used in section 36A shall have the meaning given such term by section
				36A.
						.
			(c)Conforming amendments
				(1)Paragraph (2) of section 1324(b) of title
			 31, United States Code, as amended by section 8, is amended by inserting
			 or 36A after 36.
				(2)The table of sections for subpart C of part
			 IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as
			 amended by section 8, is amended by inserting after the item relating to
			 section 36 the following new item:

							Sec. 36A. Small employer health
				insurance
				expenses.

						.
				(3)The table of sections for chapter 77 of
			 such Code, as amended by section 8, is amended by adding at the end the
			 following new item:

							Sec. 7530. Advance payment of
				credit for health insurance costs for qualifying small
				employers.

						.
				(d)Effective
			 DateThe amendments made by
			 this section shall apply to amounts paid or incurred in taxable years beginning
			 after December 31, 2008.
			10.Reports and evaluations
			(a)Annual report to CongressNot later than 1 year after the date of
			 enactment of this Act, and biennially thereafter, the Governmental
			 Accountability Office shall submit to the National Policy Board and the
			 appropriate committees of Congress a report concerning the activities of the
			 National Policy Board and the Regional Boards under this Act.
			(b)Institute of MedicineNot later than 6 months after the date of
			 enactment of this Act, and annually thereafter, the National Policy Board shall
			 contract with the Institute of Medicine to review and make recommendations
			 concerning the standard benefit package developed under section 4 and submit
			 such recommendations to the National Policy Board and the appropriate
			 committees of Congress.
			11.Reporting insurance statusThe Secretary of the Treasury shall develop
			 a process to enable individuals to report the health insurance status of each
			 member in their household on their Federal income tax return.


IV
111th CONGRESS
2d Session
H. RES. 1009
In the House of Representatives, U. S.,

January 20, 2010

RESOLUTION
Honoring the seven Americans killed in Khost, Afghanistan, on December 30, 2009, for their service to the United States, and for other purposes.

Whereas the men and women of the Central Intelligence Agency are dedicated professionals who work tirelessly to protect the United States;
Whereas many of the individuals serving the Central Intelligence Agency do so under harsh conditions, far from home, and on the front lines of the battle against terrorists;
Whereas these public servants face great risks in the line of duty on a daily basis;
Whereas seven Americans in the service of the Central Intelligence Agency gave their lives for their country in a bombing that took place in Khost, Afghanistan, on December 30, 2009;
Whereas six additional Americans were wounded in the attack, some of them suffering serious injuries;
Whereas the loss of these highly trained counterterrorism experts will be deeply felt throughout the Intelligence Community; and
Whereas the entire Nation owes an enormous debt of gratitude to these proud Americans, their families, and their loved ones for the quiet, dedicated, and vital service they offered to the United States: Now, therefore, be it

That the House of Representatives—
(1)honors the seven Americans who died in the bombing that took place in Khost, Afghanistan, on December 30, 2009, and the families of those patriots for their service and their sacrifice for the United States;
(2)expresses condolences to the families, friends, and loved ones of those killed in the bombing;
(3)offers support and hope for a full recovery for those who were wounded in the bombing; and
(4)shares in the pain and grief felt in the aftermath of such a tragic event.

Lorraine C. Miller,Clerk.


116 HR 4086 IH: Protection for Veterans’ Burn Pit Exposure Act of 2019
U.S. House of Representatives
2019-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4086IN THE HOUSE OF REPRESENTATIVESJuly 26, 2019Mr. Bilirakis (for himself and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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 direct the Secretary of Veterans Affairs to determine presumptions of service connection for
			 illnesses associated with open burn pits, and for other purposes.

 1.Short titleThis Act may be cited as the Protection for Veterans’ Burn Pit Exposure Act of 2019. 2.Determination of presumptions of service connection for illnesses associated with open burn pits (a)In general (1)Determination requiredNot later than 60 days after the date on which the Secretary of Veterans Affairs receives the results of a covered study, the Secretary shall make a determination whether a positive association exists between—
 (A)the exposure of humans to toxic airborne chemicals and fumes caused by open air burn pits and other airborne hazards; and
 (B)the occurrence of a diagnosed illness in humans. (2)Bases of determinationIn making a determination under paragraph (1), the Secretary shall consider—
 (A)whether the evidence is statistically significant, capable of replication, and able to withstand peer review demonstrating that there is positive association between the exposure and the occurrence of a diagnosed illness;
 (B)the results of a covered study; and (C)all other sound medical and scientific evidence available to the Secretary.
 (3)PresumptionIf the Secretary determines that a positive association exists between exposure and a diagnosed illness pursuant to paragraph (1), the Secretary shall prescribe regulations providing that—
 (A)a presumption of service connection is warranted for the illness covered by that determination if the illness first becomes manifest within the period, if any, prescribed in such regulations in a covered veteran; and
 (B)such covered veteran shall be presumed to have been exposed to toxic airborne chemicals and fumes caused by open burn pits unless there is conclusive evidence to establish that—
 (i)the covered veteran was not exposed to toxic airborne chemicals and fumes caused by open burn pits in the course of service in the Armed Forces described in subsection (c)(1); or
 (ii)the illness first became manifest prior to the covered veteran’s exposure. (4)SubmissionUpon the date on which the Secretary makes the determination under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an explanation of such determination.
				(b)Regulations
				(1)Proposed regulations
 (A)TimingIf the Secretary determines under subsection (a)(1) that a presumption of service connection is warranted for an illness, the Secretary shall, not later than 180 days after making such determination—
 (i)issue proposed regulations setting forth the determination; or (ii)submit the initial report under subparagraph (B).
 (B)ReportsIf the Secretary does not issue proposed regulations by the deadline established in subparagraph (A), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the status of such proposed regulations. On a quarterly basis thereafter until the date on which the Secretary issues such proposed regulations, the Secretary shall submit to such committees an update on such status.
 (2)Final regulationsNot later than 180 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall prescribe final regulations. Such regulations shall be effective on the date of issuance.
				(3)Presumption not warranted
 (A)PublicationIf the Secretary determines under subsection (a) that a presumption of service connection is not warranted for an illness, or proposes to remove a previously established presumption, the Secretary shall publish in the Federal Register a notice of that determination not later than 180 days after making the determination. The notice shall include an explanation of the evidence and scientific basis for that determination.
 (B)Removal of previous presumptionIf an illness already presumed to be service connected under this section is subject to a notice published under subparagraph (A), the Secretary shall issue proposed regulations removing the presumption for the illness not later than 180 days after publication of such notice.
 (4)Effect of removalWhenever the presumption of service connection for an illness under this section is removed under this subsection—
 (A)a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and
 (B)a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.
 (c)Effective date of benefit awardsThe effective date of any benefit awarded by reason of this section shall be determined in accordance with section 5110 of title 38, United States Code, but shall in no case be earlier than the effective date of the final regulations prescribed pursuant to subsection (b)(2).
 (d)DefinitionsIn this section: (1)The term covered study includes—
 (A)the study conducted by the National Academies of Sciences, Engineering, and Medicine titled Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations; and
 (B)any subsequent study conducted by the National Academies of Sciences, Engineering, and Medicine regarding the effects of exposure of humans to toxic airborne chemicals and fumes caused by open air burn pits and other airborne hazards.
 (2)The term covered veteran means a veteran who, on or after September 11, 2001— (A)was deployed in support of a contingency operation while serving in the Armed Forces; and
 (B)during such deployment, was based or stationed at a location where an open burn pit was used. (3)The term open burn pit means an area of land that—
 (A)is designated by the Secretary of Defense to be used for disposing of solid waste by burning in the outdoor air; and
 (B)does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
					3.Access of the National Academies of Sciences, Engineering, and Medicine to information from the
 Department of DefenseUpon request by the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Academies), the Secretary of Defense shall provide to the Academies information in the possession of the Department of Defense that the Academies determine useful in performing a covered study, as that term is defined in section 2(d). Such information includes, at a minimum, all environmental sampling data relative to any location included in the study.