109 HR 5005 IH: Firearms Corrections and Improvements Act
U.S. House of Representatives
2006-03-16
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
109th CONGRESS
2d Session
H. R. 5005
IN THE HOUSE OF REPRESENTATIVES

March 16, 2006
Mr. Smith of Texas introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To make technical changes to Federal firearms laws and for other purposes.

1.Short titleThis Act may be cited as the Firearms Corrections and Improvements Act.
2.Correction of nonsubstantive error in age limit provisionSection 922(b)(1) of title 18, United States Code, is amended to read as follows:

(1)any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age, and, if the firearm is other than a shotgun or rifle, or the ammunition is for a firearm other than a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;.
3.Possession and transfer of machineguns for industry testing and security contracting
(a)Machineguns for Federal contractorsSection 922(a)(4) of title 18, United States Code, is amended by striking except and all that follows and inserting
except—
(A)as specifically authorized by the Attorney General consistent with public safety and necessity; or
(B)to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to such services;.
(b)Sale or delivery of machineguns to Federal contractorsSection 922(b) of such title is amended by adding at the end the following: Paragraphs (2) and (4) of this subsection shall not apply to a sale or delivery to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to the services..
(c)Post-86 machineguns for testing, research and development, training, and securitySection 922(o) of such title is amended—
(1)in paragraph (2)—
(A)by striking or at the end of subparagraph (A); and
(B)by redesignating subparagraph (B) as subparagraph (E) and inserting after subparagraph (A) the following:

(B)a transfer to, or possession by, a person to comply with a contract between that person and the United States which requires the person to provide national security services for the United States or any training related to the services;
(C)a transfer to, or possession by, a licensed manufacturer or licensed importer solely for testing, research, design, or development of ammunition or a firearm;
(D)a possession by a licensed manufacturer or licensed importer for the purposes of training persons to whom a machinegun, manufactured or imported by the licensee, may be transferred as described in subparagraph (A) or (B); or; and
(2)by adding at the end the following:

(3)A person shall not transfer a machinegun to another person in the circumstances described in paragraph (2)(B) of this subsection, unless the Attorney General has notified the person that the Attorney General has determined, based on the fingerprints of such other person and on information in the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, that such other person is not prohibited from possessing or receiving a firearm under Federal or State law. .
(d)Importation of machinegunsSection 925(d) of such title is amended—
(1)in paragraph (3), by striking or at the end;
(2)in paragraph (4), by striking the period and inserting ; or; and
(3)by inserting after paragraph (4) the following:

(5)is imported or brought in for a purpose described in subparagraph (B), (C), or (D) of section 922(o)(2)..
(e)Importation under the National Firearms ActSection 5844 of the National Firearms Act (26 U.S.C. 5844) is amended—
(1)in paragraph (3), by inserting or after the semicolon; and
(2)by inserting after paragraph (3) the following:

(4)a machinegun being imported or brought in to comply with a contract between any person and the United States which requires the person to provide national security services for the United States or any training related to the services; or
(5)a machinegun being imported or brought in by a registered importer or registered manufacturer for the purposes of training persons who acquire machineguns pursuant to paragraph (1) that were manufactured or imported by the registrant..
(f)National security services definedSection 921(a) of such title is amended by adding at the end the following:

(36)The term national security services means any protective, defensive, or security service provided pursuant to a contract or subcontract with a department or agency of the United States..
(g)Effective dateThe amendments made by this section shall take effect after the 180-day period that begins with the date of the enactment of this Act.
4.Elimination of obsolete language added by the Brady Handgun Violence Prevention ActSection 922 of title 18, United States Code, is amended—
(1)by striking subsection (s); and
(2)in subsection (t), by striking Beginning and all that follows through a licensed and inserting A licensed.
5.Ban on tax or fee for background check by the national instant criminal background check system Section 922(t) of title 18, United States Code, is amended by adding at the end the following:

(7)The Attorney General shall not charge any tax or fee for any background check conducted pursuant to this subsection..
6.Elimination of written permission requirement for supervised handgun useSection 922(x)(3)(A) of title 18, United States Code, is amended—
(1)in clause (ii), by striking subclause (II) and inserting the following:

(II)with respect to ranching or farming activities, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, as described in clause (i), a juvenile may possess and use a handgun or ammunition without the prior written consent, if the parent or legal guardian is present at all times and the juvenile acts at the direction of a parent, legal guardian, or other adult who is not prohibited by Federal, State, or local law from possessing a firearm;; and
(2)in clause (iii), by inserting except as provided in clause (ii)(II), after (iii).
7.Elimination of duplicative multiple sales report requirementSubsection 923(g)(3) of title 18, United States Code, is amended—
(1)in subparagraph (A)—
(A)by striking (A); and
(B)in the 2nd sentence, by striking and to the department of State police and all that follows through took place; and
(2)by striking subparagraph (B).
8.Ban on electronic retrieval of firearms purchaser information Subsection 923(g)(4) of title 18, United States Code, is amended by adding at the end the following: The Attorney General shall not electronically retrieve information gathered pursuant to this paragraph by name or by any personal identification code..
9.Trace disclosure Section 923(g) of title 18, United States Code, is amended by adding at the end the following:

(8)
(A)Information required to be kept by licensees pursuant to this subsection, or required to be reported pursuant to paragraphs (3) and (7) of this subsection, and information in the firearms trace system database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall not be—
(i)disclosed to any entity, except to a Federal, State, local, or foreign law enforcement agency or a Federal, State, or local prosecutor solely in connection with and for use in a bona fide criminal investigation or prosecution, and only to the extent that the information pertains to the geographic jurisdiction of the law enforcement agency or prosecutor requesting the disclosure; or
(ii)made available for use in any civil action or proceeding other than—
(I)an action or proceeding commenced by the Attorney General to enforce this chapter; or
(II)a review of such an action or proceeding.
(B)The information described in subparagraph (A) shall be immune from legal process, shall not be subject to subpoena or other discovery, and shall not be admissible as evidence, and testimony or other evidence relying on the information shall not be admissible, in any civil action in a State or Federal court, or in any administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce this chapter, or a review of such an action or proceeding.
(C)This subsection shall not be construed to prevent the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer and licensed manufacturer.  .
10.Barrel and receiver importation
(a)In generalSection 925(e) of title 18, United States Code, is amended—
(1)in paragraph (1), by striking , and and inserting a period;
(2)by adding at the end the following:

(3)All frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes..
(b)Governmental importsSection 925(a)(1) of such title is amended by inserting , barrel, after or importation of any firearm.
(c)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.


		II
		111th CONGRESS
		1st Session
		S. 2335
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Kerry (for himself,
			 Mr. Kirk, Mr.
			 Bunning, and Mr. Ensign)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary reduction of duty on basketballs
		  other than leather or rubber.

		1.Basketballs other than
			 leather or rubber
			(a)In
			 generalHeading 9902.13.07 of
			 the Harmonized Tariff Schedule of the United States (relating to basketballs
			 other than leather or rubber) is amended by striking the date in the effective
			 period column and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


116 S3218 IS: Protecting Community Television Act
U.S. Senate
2020-01-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3218IN THE SENATE OF THE UNITED STATESJanuary 21, 2020Mr. Markey (for himself, Ms. Baldwin, Ms. Smith, Mr. Cardin, Mr. Van Hollen, Mr. Sanders, Mr. Murphy, Ms. Hassan, Mr. Merkley, Mrs. Shaheen, Mr. Blumenthal, Mr. Wyden, Mrs. Gillibrand, Ms. Hirono, Ms. Warren, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend the Communications Act of 1934 to modify the definition of franchise fee, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Protecting Community Television Act. 2.Modifying the definition of franchise feeSection 622(g)(1) of the Communications Act of 1934 (47 U.S.C. 542(g)(1)) is amended—
 (1)by striking includes and inserting means; and (2)by inserting other monetary before assessment.


116 HR 1948 IH: Lymphedema Treatment Act of 2019
U.S. House of Representatives
2019-03-28
text/xml
EN
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I116th CONGRESS1st SessionH. R. 1948IN THE HOUSE OF REPRESENTATIVESMarch 28, 2019Ms. Schakowsky (for herself, Mr. Carter of Georgia, Mr. Blumenauer, Mr. Kelly of Pennsylvania, Mr. Ruiz, Mr. Welch, Mr. Gianforte, Ms. Matsui, Mr. DeFazio, Mr. Cicilline, Ms. Moore, Ms. Gabbard, Ms. Johnson of Texas, Mrs. Rodgers of Washington, Mr. Fitzpatrick, Mr. Gaetz, Mr. Diaz-Balart, Mr. Holding, Mrs. Bustos, Mr. Butterfield, Mr. Vela, Ms. Blunt Rochester, Mr. Rush, Mr. Khanna, Mr. Moulton, Mr. Yarmuth, Mr. Grijalva, Ms. Hill of California, Mr. Foster, Mr. Tonko, Mr. Hastings, Mr. Thompson of California, Mr. Cleaver, Mr. King of New York, Mr. Massie, Mr. King of Iowa, Mr. Rutherford, Mr. Lipinski, Mr. Cohen, Mr. Visclosky, Mr. Suozzi, Mrs. Davis of California, Mr. Gallego, Mr. Heck, Mr. Michael F. Doyle of Pennsylvania, Mr. Price of North Carolina, Mr. Cole, Mr. Smith of Nebraska, Mr. Westerman, Mr. Byrne, Mr. Rodney Davis of Illinois, Mr. Raskin, Mr. Kind, Mr. Rose of New York, Mr. Duffy, Mr. Katko, Mr. Stewart, Mr. Griffith, Miss González-Colón of Puerto Rico, Mrs. Brooks of Indiana, Mr. Zeldin, Mr. Ryan, Mr. Deutch, Ms. Sewell of Alabama, Ms. Kelly of Illinois, Ms. Mucarsel-Powell, Ms. Barragán, Ms. Schrier, Mr. Young, Mr. Mullin, Mr. Rice of South Carolina, Mrs. Radewagen, Mr. Neguse, Mr. Engel, Ms. McCollum, Mrs. Dingell, Mr. Cartwright, Mr. Cooper, Miss Rice of New York, Mr. Wilson of South Carolina, Mr. Hurd of Texas, Mr. Rooney of Florida, Mr. Wenstrup, Mr. Joyce of Ohio, Mr. Loebsack, Mr. Schiff, Mr. Morelle, Ms. Bonamici, Mr. Lawson of Florida, Mr. Posey, Mr. Lamborn, Ms. Adams, Mr. Palazzo, and Mr. Mitchell) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for Medicare coverage of certain
			 lymphedema compression treatment items as items of durable medical
			 equipment.

 1.Short titleThis Act may be cited as the Lymphedema Treatment Act of 2019. 2.Medicare coverage of certain lymphedema compression treatment items as items of durable medical equipment (a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
 (1)in subsection (n), in the first sentence, by inserting before the semicolon the following: and includes lymphedema compression treatment items (as defined in subsection (kkk)); and (2)by adding at the end the following new subsection:

 (kkk)Lymphedema compression treatment itemsThe term lymphedema compression treatment items— (1)means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies—
 (A)that are primarily and customarily used in the medical treatment of lymphedema; (B)as prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law); and
 (C)which would not, other than under subsection (s)(6), be included as medical and other health services under this title; and
 (2)includes— (A)multilayer compression bandaging systems;
 (B)custom or standard fit gradient compression garments; (C)non-elastic and low-elastic compression garments and compression wraps and directional flow pads; and
 (D)any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema..
 (b)Effective dateThe amendments made by subsection (a) shall apply to lymphedema compression treatment items furnished on or after January 1, 2021.


		IA
		112th CONGRESS
		1st Session
		H. J. RES. 33
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2011
			Mr. Jackson of
			 Illinois introduced the following joint resolution; which was
			 referred to the Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment the Constitution of
		  the United States respecting the right to a clean, safe, and sustainable
		  environment.

		That the following article is
			 proposed as an amendment to the Constitution of the United States, which shall
			 be valid to all intents and purposes as part of the Constitution when ratified
			 by the legislatures of three-fourths of the several States:

				 —
					1.All persons shall have a right to a clean,
				safe, and sustainable environment, which right shall not be denied or abridged
				by the United States or any State.
					2.The Congress shall have power to enforce
				and implement this article by appropriate
				legislation.
					.


114 SRES 104 RS: To express the sense of the Senate regarding the success of Operation Streamline and the importance of prosecuting first time illegal border crossers.
U.S. Senate
2015-03-18
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.

IIICalendar No. 519114th CONGRESS2d SessionS. RES. 104[Report No. 114–279]IN THE SENATE OF THE UNITED STATESMarch 18, 2015Mr. Flake (for himself, Mr. Grassley, Mr. Johnson, and Mr. McCain) submitted the following resolution; which was referred to the Committee on Homeland Security and Governmental AffairsJune 16, 2016Reported by Mr. Johnson, without amendmentRESOLUTIONTo express the sense of the Senate regarding the success of Operation Streamline and the importance
			 of prosecuting first time illegal border crossers.

 Whereas the Border Patrol’s Yuma Sector has long grappled with the crossing of undocumented aliens and has seen illegal traffic decline precipitously from the early 2000s to the present;
 Whereas a combination of increased manpower, technology implementation, and the delivery of appropriate consequences have resulted in gains in border security in the Yuma Sector;
 Whereas a key to the success in the Yuma Sector has been the implementation of Operation Streamline, a program established in 2005 that was described by former Department of Homeland Security Secretary Janet Napolitano as a DHS partnership with the Department of Justice, … a geographically focused operation that aims to increase the consequences for illegally crossing the border by criminally prosecuting illegal border-crossers.;
 Whereas known for its zero-tolerance approach, the Yuma County Sheriff’s Office cites 100 percent prosecution of illegal border crossers as a shared goal of a partnership including Federal, State, and local law enforcement agencies;
 Whereas among the various consequences delivered to illegal crossers by the Department of Homeland Security, Operation Streamline is associated with a recidivism rate that is well below average and has seen a steady decrease in recidivism in recent years;
 Whereas the United States Attorney’s Office for the District of Arizona will reportedly no longer be prosecuting those apprehended crossing the border illegally for the first time; and
 Whereas according to the Sheriff of Yuma County, Operation Streamline had a deterrent effect in Yuma County, which gained a reputation as an area to avoid crossing into because if caught, you were assured to go to court and possibly face penalties, but now the program has been severely diluted.: Now, therefore, be it

 That it is the sense of the Senate that— (1)gains made in border security in the Yuma Sector and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the Nation as a whole;
 (2)refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains;
 (3)the border security steps that have led to some measure of improvement on the border, such as the historical implementation of Operation Streamline, should be preserved; and
 (4)the Executive Branch should immediately remove any issued or related prohibition, policy, guidance, or direction to cease prosecuting first time illegal border crossers under Operation Streamline.June 16, 2016Reported without amendment


113 HRES 613 IH: Commemorating the centennial of Webster University.
U.S. House of Representatives
2014-06-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		2d Session
		H. RES. 613
		IN THE HOUSE OF REPRESENTATIVES

			June 9, 2014
			Mrs. Wagner (for herself and Mr. Clay) submitted the following resolution; which was referred to the Committee on Education and the Workforce

		RESOLUTION
		Commemorating the centennial of Webster University.

		Whereas in 1915, the Sisters of Loretto established Webster University in Saint Louis, Missouri, as
			 one of the first Catholic colleges for women that is located west of the
			 Mississippi River;
		Whereas Webster University has campuses in 8 different countries, introducing people in Europe,
			 Asia, and Africa to United States educational programs, helping to spread
			 United States culture and ideas around the globe, and serving the
			 educational needs of people abroad;
		Whereas in 1974, Webster University became one of the first universities in the United States to
			 operate on a military base;
		Whereas in 2014, Webster University is located on military bases across the country, serving all
			 branches of the military and directly helping more than 7,700 students who
			 are active members of the Armed Forces, veterans, or direct relatives of
			 individuals with military connections;
		Whereas Webster University has been a leader in online education since 1999, and more than 9,000
			 students are taking courses in the Webster University Online Learning
			 Center, a program that provides quality higher education to students who
			 have access to the Internet and are residing anywhere in the world;
		Whereas since 1915, Webster University has conferred more than 184,000 degrees at campuses around
			 the world, including nearly 80,000 degrees in the greater Saint Louis
			 area, demonstrating a local commitment and offering a global education;
		Whereas Webster University has a diverse student body and is routinely lauded by organizations
			 working on diversity issues;
		Whereas Webster University is the alma mater of more than 160,000 proud alumni; and
		Whereas the quality of Webster University as an institution of higher learning is a reflection of
			 the extraordinary caliber of its educational professionals and students:
			 Now, therefore, be it

		That the House of Representatives recognizes and extends congratulations to the educational
			 professionals, students, and alumni of Webster University for 100 years of
			 excellence in higher education.


		II
		110th CONGRESS
		1st Session
		S. 1865
		IN THE SENATE OF THE UNITED STATES

			July 24, 2007
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To provide for mandatory availability of life insurance
		  that does not preclude future lawful travel, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Life Insurance Fairness for Travelers
			 Act of 2007.
		2.Mandatory availability
			 of life insurance that does not preclude future lawful travelSection 103(c) of the Terrorism Risk
			 Insurance Act of 2002 (15 U.S.C. 6701 note) is amended—
			(1)in paragraph (1), by striking
			 and at the end;
			(2)in paragraph (2), by striking the period at
			 the end and inserting ; and; and
			(3)by adding at the end the following:

					(3)shall make available, in all of its life
				insurance policies issued after the date of enactment of this paragraph, under
				which the insured person is a citizen of the United States or an alien lawfully
				admitted for permanent residence in the United States, coverage that neither
				considers past, nor precludes future, lawful foreign travel by the person
				insured, and shall not decline such coverage based on past or future, lawful
				foreign travel by the person insured or charge a premium for such coverage that
				is excessive and not based on a good faith actuarial analysis, except that an
				insurer may decline or, upon inception or renewal of a policy, limit the amount
				of coverage provided under any life insurance policy based on plans to engage
				in future lawful foreign travel to occur within 12 months of such inception or
				renewal of the policy, but only if, at time of application—
						(A)such declination
				is based on, or such limitation applies only with respect to, travel to a
				foreign destination—
							(i)for which the Director of the Centers for
				Disease Control and Prevention of the Department of Health and Human Services
				has issued a highest level alert or warning, including a recommendation against
				non-essential travel, due to a serious health-related condition;
							(ii)in which there is an ongoing military
				conflict involving the armed forces of a sovereign nation other than the nation
				to which the insured person is traveling; or
							(iii)(I)that the insurer has specifically
				designated in the terms of the life insurance policy at the inception of the
				policy or at renewal, as applicable; and
								(II)with
				respect to which the insurer has made a good faith determination that—
									(aa)a serious unlawful situation exists
				which is ongoing; and
									(bb)the credibility of information by
				which the insurer can verify the death of the insured person is compromised;
				and
									(B)in the case of any limitation of coverage,
				such limitation is specifically stated in the terms of the life insurance
				policy at the inception of the policy or at renewal, as
				applicable.
						.


114 S2397 IS: To amend the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make grants to States that extend or eliminate unexpired statutes of limitations applicable to laws involving child sexual abuse.
U.S. Senate
2015-12-10
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
		114th CONGRESS1st Session
		S. 2397
		IN THE SENATE OF THE UNITED STATES

			December 10, 2015
			Mr. Reid (for himself, Mr. Franken, Mr. Tester, Mr. Leahy, Mr. Booker, Ms. Baldwin, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and
			 Human Services to make grants to States that extend or eliminate unexpired
			 statutes of limitations
			 applicable to laws involving child sexual abuse.

		1.Child abuse prevention and treatment
 (a)In generalThe Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following:

					IIIGrants for the prevention of child sexual abuse
 301.FindingsCongress finds that— (1)child sexual abuse is a pernicious crime perpetrated through threats of violence, intimidation, manipulation, and abuse of power;
 (2)due to the subversive nature of this crime, the average age of disclosure of incestuous child sexual abuse does not occur until a victim is over 25 years old;
 (3)because many State statutes of limitations applicable to laws involving child sexual abuse fail to give victims adequate time to come forward and report their abuse, numerous victims are unable to seek fair and just remediation against their abusers; and
 (4)due to the especially heinous nature of child sexual abuse, it is imperative that perpetrators of this crime are punished, prevented from reoffending, and victims have the opportunity to see their abusers brought to justice.
 302.DefinitionsIn this title— (1)the term eligible State means a State or Indian tribe that, not later than September 30 of the preceding fiscal year does not have any statute of limitations applicable to laws involving child sexual abuse; and
 (2)the term Indian tribe means a tribe identified in the list published by the Secretary of the Interior in the Federal Register pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1).
 303.Grant programThe Secretary, in consultation with the Attorney General, is authorized to make grants to eligible States for the purpose of assisting eligible States in developing, establishing, and operating programs designed to improve—
 (1)the assessment and investigation of suspected child sexual abuse cases, in a manner that limits additional trauma to the child and the family of the child;
 (2)the investigation and prosecution of cases of child sexual abuse; and (3)the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child sexual abuse.
 304.Authorization of appropriationsThere is authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 2016 through 2025..
 (b)Effective dateThe amendments made by subsection (a) shall apply to any violation of a law involving child sexual abuse committed before the date of the enactment of this Act if the statute of limitations applicable to that law had not run as of the date of enactment of this Act.


113 HR 4353 IH: Shutdown Windfall Reimbursement Act
U.S. House of Representatives
2014-04-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4353
		IN THE HOUSE OF REPRESENTATIVES

			April 1, 2014
			Mr. Gardner (for himself, Mr. Franks of Arizona, Mr. Duncan of Tennessee, Mr. Gosar, Mr. Roe of Tennessee, Mrs. Blackburn, Mr. Bishop of Utah, Mr. Chaffetz, and Mr. Tipton) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To require the Director of the National Park Service to refund to States all State funds that were
			 used to reopen and temporarily operate a unit of the National Park System
			 during the October 2013 shutdown.

		1.Short titleThis Act may be cited as the Shutdown Windfall Reimbursement Act.
		2.FindingsCongress finds that—
			(1)during the period in October 2013 in which there was a lapse in appropriations (referred to in this
			 section as the Government shutdown), the National Park Service entered into agreements with the States of Arizona, Colorado, New
			 York, South Dakota, Tennessee, and Utah to temporarily reopen iconic
			 national treasures in the National Park System, such as the Grand Canyon,
			 Mount Rushmore, and the Statue of Liberty;
			(2)pursuant to the agreements described in paragraph (1), the States listed in paragraph (1) advanced
			 approximately $2,000,000 to the National Park Service to pay for park
			 operations during the Government shutdown;
			(3)the units of the National Park System that were temporarily reopened using State funds also
			 collected gate entry fees;
			(4)the Government shutdown ended when Congress passed the Continuing Appropriations Act, 2014 (Public
			 Law 113–46), which retroactively funded Federal agencies and Federal
			 employee salaries for the period of time during which the Government was
			 shut down;
			(5)by virtue of the retroactive appropriation made by Congress, the National Park Service retained an
			 unintended shutdown windfall from the States listed in paragraph (1) of
			 approximately $2,000,000; and
			(6)the States listed in paragraph (1) that entered into agreements described in paragraph (1) with the
			 National Park Service should be fully reimbursed for advancing funds to
			 maintain public access to iconic national treasures in the National Park
			 System during the Government shutdown.
			3.Refund of funds used by states to operate national parks during shutdown
			(a)In generalThe Director of the National Park Service shall refund to each State all funds of the State that
			 were used to reopen and temporarily operate a unit of the National Park
			 System during the period in October 2013 in which there was a lapse in
			 appropriations for the unit.
			(b)FundingFunds of the National Park Service that are appropriated after the date of enactment of this Act
			 shall be used to carry out this section.


114 HR 5745 IH: Putting Main Street FIRST Act
U.S. House of Representatives
2016-07-13
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. 5745IN THE HOUSE OF REPRESENTATIVESJuly 13, 2016Mr. DeFazio introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions.

 1.Short titleThis Act may be cited as the Putting Main Street FIRST Act or as the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act. 2.Transaction tax (a)In generalChapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter:

					CTax on Trading Transactions

							Sec. 4475. Tax on trading transactions.
						4475.Tax on trading transactions
 (a)Imposition of taxThere is hereby imposed a tax on each covered transaction with respect to any security. (b)Rate of taxThe tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction.
 (c)Specified base amountFor purposes of this section, the term specified base amount means— (1)except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and
 (2)in the case of any payment with respect to a derivative, the amount of such payment. (d)Covered transactionFor purposes of this section—
 (1)In generalThe term covered transaction means— (A)except as provided in subparagraph (B), any purchase if—
 (i)such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or
 (ii)the purchaser or seller is a United States person, and (B)any transaction with respect to a derivative if—
 (i)such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or
 (ii)any party with rights under such derivative is a United States person. (2)Exceptions from tax (A)Exception for initial issuesNo tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1).
 (B)Exception for certain traded short-term indebtednessA note, bond, debenture, or other evidence of indebtedness which— (i)is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and
 (ii)has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C).(e)DefinitionsFor purposes of this section—
 (1)SecurityThe term security means— (A)any share of stock in a corporation,
 (B)any partnership or beneficial ownership interest in a partnership or trust, (C)any note, bond, debenture, or other evidence of indebtedness, and
 (D)any derivative. (2)Derivative (A)In generalThe term derivative means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following:
 (i)Any security described in subparagraph (A), (B), or (C) of paragraph (1). (ii)Any commodity which is actively traded (within the meaning of section 1092(d)(1)).
 (iii)Any currency. (iv)Any rate, price, amount, index, formula, or algorithm.
 (v)Any other item as the Secretary may prescribe. Such term shall not include any item described in clauses (i) through (v).(B)Exceptions from treatment as derivatives (i)Securities lending, sale-repurchase, and similar financing transactionsTo the extent provided by the Secretary, the term derivative shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction.
 (ii)Insurance contracts, annuities, and endowmentsThe term derivative shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation).
 (3)Qualified board or exchangeThe term qualified board or exchange has the meaning given such term by section 1256(g)(7). (f)By whom paid (1)In generalThe tax imposed by this section shall be paid by—
 (A)in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and
 (B)in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker.
 (2)Special rules for direct, etc., transactionsIn the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by—
 (A)in the case of a transaction described in subsection (d)(1)(A)— (i)the purchaser if the purchaser is a United States person, and
 (ii)the seller if the purchaser is not a United States person, and (B)in the case of a transaction described in subsection (d)(1)(B)—
 (i)the payor if the payor is a United States person, and (ii)the payee if the payor is not a United States person.
 (g)Treatment of exchanges and payments with respect to derivativesFor purposes of this section— (1)Treatment of exchanges (A)In generalAn exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange.
 (B)Certain deemed exchangesIn the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section.
 (2)Payments with respect to derivatives treated as separate transactionsExcept as otherwise provided by the Secretary, any payment with respect any derivative shall be treated as a separate transaction for purposes of this section.
								(h)Application to transactions by controlled foreign corporations
 (1)In generalFor purposes of this section, a controlled foreign corporation shall be treated as a United States person.
 (2)Special rules for payment of tax on direct, etc., transactionsIn the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)—
 (A)Payment by United States shareholdersAny tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B).
 (B)Pro rata sharesEach such United States shareholder shall pay the same proportion of such tax as— (i)the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to
 (ii)the stock so owned by all United States shareholders in such controlled foreign corporation. (C)DefinitionsFor purposes of this subsection, the terms United States shareholder and controlled foreign corporation have the meanings given such terms in sections 951(b) and 957(a), respectively.
 (i)AdministrationThe Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission.
 (j)Guidance; regulationsThe Secretary shall— (1)provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and
 (2)prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions..
 (b)Credit with respect to certain tax-Favored accounts To offset transaction taxSubpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36B the following new section:

					36C.Offset for transaction tax with respect to certain tax-favored accounts
 (a)In generalThere shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 0.03 percent of the qualified tax-favored account contributions of the taxpayer for the taxable year.
 (b)Qualified tax-Favored account contributionsFor purposes of this section, the term qualified tax-favored account contributions means, with respect to any taxable year, the sum of— (1)with respect to qualified retirement plans (as defined in section 4974(c)) of the taxpayer, the amount contributed to such plans for such taxable year to the extent that such contributions are allowable as a deduction or are excludable from gross income (or, in the case of a Roth IRA (as defined in section 408A(b)), the amount contributed),
 (2)with respect to Archer MSAs of the taxpayer, the amount allowed as a deduction under section 220 for such taxable year,
 (3)with respect to health savings accounts of the taxpayer, the amount allowed as a deduction under section 223 for such taxable year, plus
 (4)with respect to qualified tuition programs (as defined in section 529), qualified ABLE programs (as defined in section 529A), and Coverdell education savings accounts (as defined in section 530), with respect to which the taxpayer is the designated beneficiary (or, in the case of a designated beneficiary with respect to whom another taxpayer is allowed a deduction under section 151, such other taxpayer in lieu of such designated beneficiary), the amount contributed for such taxable year..
 (c)Information reporting with respect to controlled foreign corporationsSection 6038(a)(1)(B) of such Code is amended by inserting and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation before the semicolon at the end.
			(d)Conforming amendments
 (1)Section 1324(b)(2) of title 31, United States Code, is amended by inserting , 36C after 36B. (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 inserting before the item relating to section 37 the following new item:

							Sec. 36C. Offset for transaction tax on contributions to certain tax-favored accounts..
 (3)The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item:

							Subchapter C. Tax on trading transactions..
 (e)Effective dateThe amendments made by this section shall apply to transactions after December 31, 2017.


110 HRES 972 EH: Supporting the goals and ideals of American

U.S. House of Representatives
2008-02-14
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 972
		In the House of Representatives, U.
		  S.,

			February 14, 2008

		RESOLUTION
		Supporting the goals and ideals of American
		  Heart Month and National Wear Red Day.

		Whereas diseases of the heart are the Nation’s leading
			 cause of death and stroke is the third leading cause of death in both men and
			 women;
		Whereas nearly 2,400 American men, women, and children die
			 of cardiovascular disease each day, an average of one death every 37
			 seconds;
		Whereas many people do not recognize that heart disease,
			 stroke, and other cardiovascular diseases are the number 1 killer of American
			 women, claiming the lives of almost 460,000 American women each year or about
			 one per minute;
		Whereas we as a Nation have made great progress in
			 reducing the death rates for coronary heart disease, but this progress has been
			 much more modest in women and minorities, resulting in cardiovascular disease
			 disparities;
		Whereas many minority women, including African-American,
			 Hispanic, Native-American and some subgroups of Asian-American women, have a
			 greater prevalence of risk factors or are at a higher risk of death from heart
			 disease, stroke, and other cardiovascular diseases, but they are less likely to
			 know of this risk;
		Whereas cardiovascular diseases cost the Nation more than
			 any other cause of death, with direct and indirect costs estimated to reach
			 $448.5 billion in the United States in 2008;
		Whereas the research is clear that there are tools
			 available to prevent heart disease, stroke, and other cardiovascular diseases
			 and to improve survival rates from cardiovascular disease;
		Whereas Congress, by Joint Resolution approved on December
			 30, 1963, requested that the President issue an annual proclamation designating
			 February as American Heart Month;
		Whereas the National Heart, Lung, and Blood Institute of
			 the National Institutes of Health, the American Heart Association, and many
			 other organizations celebrate National Wear Red Day during
			 February by going red to increase awareness about heart disease
			 as the leading killer of women; and
		Whereas every year since 1964 the President has issued a
			 proclamation designating the month of February as American Heart
			 Month: Now, therefore, be it

		That the House of
			 Representatives—
			(1)supports the goals and ideals of
			 American Heart Month and National Wear Red
			 Day;
			(2)commends the
			 efforts of States, territories and possessions of the United States,
			 localities, nonprofit organizations, businesses, and other entities, and the
			 people of the United States who support American Heart Month and
			 National Wear Red Day;
			(3)recognizes and
			 reaffirms our commitment to fighting heart disease and stroke by promoting
			 awareness about its causes, risks, and prevention, supporting research, and
			 expanding access to medical treatment; and
			(4)encourages each
			 and every American to learn about their own personal risk for heart
			 disease.

			Lorraine C. Miller,
			Clerk.


117 HR 4173 IH: Tax-Free Pell Grant Act
U.S. House of Representatives
2021-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4173IN THE HOUSE OF REPRESENTATIVESJune 25, 2021Mr. Doggett (for himself, Ms. Adams, Mr. Allred, Mr. Bishop of Georgia, Mr. Butterfield, Mr. Cárdenas, Mr. Cartwright, Mr. Castro of Texas, Ms. Chu, Mr. Cicilline, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Mr. Courtney, Mr. Danny K. Davis of Illinois, Mr. Deutch, Mrs. Dingell, Mr. Espaillat, Mr. Fitzpatrick, Ms. Leger Fernandez, Mr. Garamendi, Ms. Garcia of Texas, Mr. Green of Texas, Ms. Jayapal, Ms. Johnson of Texas, Mr. Johnson of Georgia, Ms. Lee of California, Mr. Lowenthal, Mrs. Carolyn B. Maloney of New York, Mr. McGovern, Mr. Mfume, Mr. Nadler, Mr. Neguse, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Pocan, Ms. Porter, Mr. Kelly of Pennsylvania, Mr. Raskin, Ms. Roybal-Allard, Ms. Schakowsky, Mr. David Scott of Georgia, Mr. Takano, Mr. Thompson of Mississippi, Ms. Titus, Mr. Tonko, Mr. Vargas, Mr. Vela, Ms. Velázquez, Mr. Welch, Mr. Langevin, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to extend and modify the American Opportunity Tax Credit, and for other purposes.1.Short titleThis Act may be cited as the Tax-Free Pell Grant Act.2.Expansion of pell grant exclusion from gross income(a)In generalParagraph section 117(b)(1) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and insertingreceived by an individual—(A)as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or(B)as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Tax-Free Pell Grant Act)..(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2020.3.Expansion of American Opportunity and Lifetime Learning credits(a)In generalSection 25A of the Internal Revenue Code of 1986 is amended—(1)in subsection (f)(1)—(A)in subparagraph (A), by striking tuition and fees inserting tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials,(B)by striking subparagraph (D), and (C)by adding at the end the following new subparagraphs: (D)Child and dependent care expensesFor purposes of this paragraph—(i)In generalThe term child and dependent care expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be enrolled in an eligible educational institution for any period for which there are 1 or more qualifying individuals with respect to the taxpayer:(I)expenses for household services, and(II)expenses for the care of a qualifying individual.Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (ii)Qualifying individualThe term qualifying individual has the meaning given such term in section 21(b)(1).(iii)Exception, dependent care centersRules similar to the rules of subparagraphs (B), (C), and (D) of section 21(b)(2) shall apply, except the term child and dependent care expenses shall be substituted for the term employment-related expenses each place it appears in such subparagraphs. (E)Child and dependent care expenses only qualified expenses when claimed by eligible studentAmounts paid for an expense described in subparagraph (E) may not be taken into account under this paragraph for a taxable year unless required for the enrollment or attendance of an individual described in subparagraph (A)(i) or subparagraph (A)(ii).(F)Computer or peripheral equipment(i)DefinedFor purposes of this paragraph, the term computer or peripheral equipment means expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B), computer software (as defined in section 197(e)(3)(B)), or Internet access and related services, if such equipment, software, or services are to be used primarily by the individual during any of the years the individual is enrolled at an eligible educational institution.(ii)Dollar limit on amount creditableThe aggregate of the amounts paid or expenses incurred for computer or peripheral equipment which may be taken into account under this paragraph for a taxable year by the taxpayer shall not exceed $1,000., and (2)in subsection (g)(5)—(A)in the heading, by adding or credit at the end, and(B)by inserting or credit after a deduction. (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.


		V
		111th CONGRESS
		2d Session
		H. R. 4460
		IN THE HOUSE OF REPRESENTATIVES

			January 13, 2010
			Mr. Filner introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Pablo Eduardo Perrone and Maria
		  Cristina Lemos.

		1.Permanent resident status for
			 Pablo Eduardo Perrone and Maria Cristina Lemos
			(a)In
			 generalNotwithstanding
			 subsections (a) and (b) of section 201 of the Immigration and Nationality Act,
			 Pablo Eduardo Perrone and Maria Cristina Lemos shall each be eligible for
			 issuance of an immigrant visa or for adjustment of status to that of an alien
			 lawfully admitted for permanent residence upon filing an application for
			 issuance of an immigrant visa under section 204 of such Act or for adjustment
			 of status to lawful permanent resident.
			(b)Adjustment of
			 statusIf Pablo Eduardo
			 Perrone or Maria Cristina Lemos enters the United States before the filing
			 deadline specified in subsection (c), he or she shall be considered to have
			 entered and remained lawfully and shall, if otherwise eligible, be eligible for
			 adjustment of status under section 245 of the Immigration and Nationality Act
			 as of the date of the enactment of this Act.
			(c)Deadline for
			 application and payment of feesSubsections (a) and (b) shall
			 apply only if the application for issuance of an immigrant visa or the
			 application for adjustment of status is filed with appropriate fees within 2
			 years after the date of the enactment of this Act.
			(d)Reduction of
			 immigrant visa numberUpon
			 the granting of an immigrant visa or permanent residence to Pablo Eduardo
			 Perrone and Maria Cristina Lemos, the Secretary of State shall instruct the
			 proper officer to reduce by 2, during the current or next following fiscal
			 year, the total number of immigrant visas that are made available to natives of
			 the country of the aliens’ birth under section 203(a) of the Immigration and
			 Nationality Act or, if applicable, the total number of immigrant visas that are
			 made available to natives of the country of the aliens’ birth under section
			 202(e) of such Act.
			(e)Denial of
			 preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters
			 of Pablo Eduardo Perrone and Maria Cristina Lemos shall not, by virtue of such
			 relationship, be accorded any right, privilege, or status under the Immigration
			 and Nationality Act.


110 HRES 599 EH: Providing for further consideration of the bill (H.R. 3161) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2008, and for other purposes.
U.S. House of Representatives
2007-08-02
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.

IV
110th CONGRESS
1st Session
H. RES. 599
In the House of Representatives, U. S.,

August 2, 2007

RESOLUTION
Providing for further consideration of the bill (H.R. 3161) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2008, and for other purposes.

That during further consideration of the bill (H.R. 3161) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2008, and for other purposes, the bill shall be considered as read. No further debate on any pending amendment shall be in order. A further period of general debate shall be confined to the bill and shall not exceed 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. The amendments printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. Notwithstanding clause 11 of rule XVIII, no further amendment shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
2.After a motion that the Committee rise has been rejected on a legislative day, the Chair may entertain another such motion on that day only if offered by the chairman of the Committee on Appropriations or the Majority Leader or designee. After a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII) has been rejected, the Chair may not entertain another such motion during further consideration of the bill.

Lorraine C. Miller,Clerk.


110 HR 6485 IH: Timely Due Process for the Disabled Act of 2008
U.S. House of Representatives
2008-07-14
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.

I
110th CONGRESS 2d Session
H. R. 6485
IN THE HOUSE OF REPRESENTATIVES

July 14, 2008
Ms. Castor introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend title II of the Social Security Act to provide that disability determinations under such title on the basis of hearings by the Commissioner of Social Security are made on a timely basis and to require the Commissioner to establish a program for monitoring each year the number of disability determinations which are in reconsideration.

1.Short titleThis Act may be cited as the Timely Due Process for the Disabled Act of 2008.
2.Establishment of time frames to ensure timely disability determinations
(a)In generalSection 221(d) of such Act (42 U.S.C. 421(d)) is amended—
(1)by inserting (1) after (d); and
(2)by adding at the end the following new paragraph:

(2) The Commissioner of Social Security shall ensure that—
(A)the scheduling of the date for the hearing described in paragraph (1) occurs before the end of the period of 5 business days after the date of the request for the hearing;
(B)the date scheduled for the hearing is during the period of 15 business days after the period of 60 business days after the date of the request; and
(C)any disability determination on the basis of the hearing is issued before the end of the period of 15 business days after the date on which the hearing is concluded..
(b)Effective date
(1)In generalThe amendments made by this section shall apply with respect to hearings under section 221(d) of the Social Security Act commenced on or after the date of the enactment of this Act.
(2)Hearings requested prior to date of enactmentIn the case of any hearing described in paragraph (1) which was requested prior to the date of the enactment of this Act—
(A)the requirements of subparagraph (A) of section 221(d)(2) of such Act (as added by subsection (a)) shall apply as if the date of the request for the hearing is the date of the enactment of this Act; and
(B)the requirements of subparagraph (B) of such section 221(d)(2) shall be treated as met if the date scheduled for the hearing is during the period of 15 business days following the later of the last day of the period of 60 business days referred to in such subparagraph or the date of the enactment of this Act.
3.Monitoring of disability determinations in reconsideration Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection:

(n)The Commissioner of Social Security shall establish and maintain a program under which—
(1)there is established a target number for disability determinations under this section which are in reconsideration at the end of each year, and
(2)progress toward attaining that target is regularly monitored and assessed during the year..


109 HR 638 IH: To suspend temporarily the duty on BEPD70L.
U.S. House of Representatives
2005-02-08
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
109th CONGRESS
1st Session
H. R. 638
IN THE HOUSE OF REPRESENTATIVES

February 8, 2005
Ms. Kaptur introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on BEPD70L.

1.BEPD70L
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

“9902.07.03Mixture of BEPD and Neopentyl Glycol (CAS Nos. 115–84–4 and 126–30–7) (provided for in subheading 3824.90.91)FreeFreeNo changeOn or before 12/31/2008.
(b)Effective dateThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


		II
		111th CONGRESS
		1st Session
		S. 1256
		IN THE SENATE OF THE UNITED STATES

			June 11, 2009
			Ms. Cantwell (for
			 herself and Mr. Kohl) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XIX of the Social Security Act to
		  establish financial incentives for States to expand the provision of long-term
		  services and supports to Medicaid beneficiaries who do not reside in an
		  institution, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Home and Community Balanced
			 Incentives Act of 2009.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—Balancing Incentives
					Sec. 101. Enhanced FMAP for expanding the provision of
				non-institutionally-based long-term services and supports.
					TITLE II—Strengthening the Medicaid Home and Community-Based
				State Plan Amendment Option
					Sec. 201. Removal of barriers to providing home and
				community-based services under State plan amendment option for individuals in
				need.
					Sec. 202. Mandatory application of spousal impoverishment
				protections to recipients of home and community-based services.
					Sec. 203. State authority to elect to exclude up to 6 months of
				average cost of nursing facility services from assets or resources for purposes
				of eligibility for home and community-based services.
					TITLE III—Coordination of Home and Community-Based
				Waivers
					Sec. 301. Streamlined process for combined waivers under
				subsections (b) and (c) of section 1915.

			IBalancing
			 Incentives
			101.Enhanced FMAP for
			 expanding the provision of non-institutionally-based long-term services and
			 supports
				(a)Enhanced FMAP
			 To encourage expansionSection 1905 of the Social Security Act
			 (42 U.S.C. 1396d) is amended—
					(1)in the first
			 sentence of subsection (b)—
						(A)by striking
			 , and (4) and inserting , (4); and
						(B)by inserting
			 before the period the following: , and (5) in the case of a balancing
			 incentive payment State, as defined in subsection (y)(1), that meets the
			 conditions described in subsection (y)(2), the Federal medical assistance
			 percentage shall be increased by the applicable number of percentage points
			 determined under subsection (y)(3) for the State with respect to medical
			 assistance described in subsection (y)(4); and
						(2)by adding at the
			 end the following new subsection:

							(y)State balancing
				incentive payments programFor purposes of clause (5) of the
				first sentence of subsection (b):
								(1)Balancing
				incentive payment stateA balancing incentive payment State is a
				State—
									(A)in which less
				than 50 percent of the total expenditures for medical assistance for fiscal
				year 2009 for long-term services and supports (as defined by the Secretary,
				subject to paragraph (5)) are for non-institutionally-based long-term services
				and supports described in paragraph (5)(B);
									(B)that submits an
				application and meets the conditions described in paragraph (2); and
									(C)that is selected
				by the Secretary to participate in the State balancing incentive payment
				program established under this subsection.
									(2)ConditionsThe
				conditions described in this paragraph are the following:
									(A)ApplicationThe
				State submits an application to the Secretary that includes the
				following:
										(i)A
				description of the availability of non-institutionally-based long-term services
				and supports described in paragraph (5)(B) available (for fiscal years
				beginning with fiscal year 2009).
										(ii)A description of
				eligibility requirements for receipt of such services.
										(iii)A projection of
				the number of additional individuals that the State expects to provide with
				such services to during the 5-fiscal-year period that begins with fiscal year
				2011.
										(iv)An assurance of
				the State's commitment to a consumer-directed long-term services and supports
				system that values quality of life in addition to quality of care and in which
				beneficiaries are empowered to choose providers and direct their own care as
				much as possible.
										(v)A
				proposed budget that details the State's plan to expand and diversify medical
				assistance for non-institutionally-based long-term services and supports
				described in paragraph (5)(B) during such 5-fiscal-year period, and that
				includes—
											(I)a description of
				the new or expanded offerings of such services that the State will provide;
				and
											(II)the projected
				costs of the services identified in subclause (I).
											(vi)A description of
				how the State intends to achieve the target spending percentage applicable to
				the State under subparagraph (B).
										(vii)An assurance
				that the State will not use Federal funds, revenues described in section
				1903(w)(1), or revenues obtained through the imposition of beneficiary
				cost-sharing for medical assistance for non-institutionally-based long-term
				services and supports described in paragraph (5)(B) for the non-Federal share
				of expenditures for medical assistance described in paragraph (4).
										(B)Target spending
				percentages
										(i)In the case of a
				balancing incentive payment State in which less than 25 percent of the total
				expenditures for home and community-based services under the State plan and the
				various waiver authorities for fiscal year 2009 are for such services, the
				target spending percentage for the State to achieve by not later than October
				1, 2015, is that 25 percent of the total expenditures for home and
				community-based services under the State plan and the various waiver
				authorities are for such services.
										(ii)In the case of
				any other balancing incentive payment State, the target spending percentage for
				the State to achieve by not later than October 1, 2015, is that 50 percent of
				the total expenditures for home and community-based services under the State
				plan and the various waiver authorities are for such services.
										(C)Maintenance of
				eligibility requirementsThe State does not apply eligibility
				standards, methodologies, or procedures for determining eligibility for medical
				assistance for non-institutionally-based long-term services and supports
				described in paragraph (5)(B)) that are more restrictive than the eligibility
				standards, methodologies, or procedures in effect for such purposes on December
				31, 2010.
									(D)Use of
				additional fundsThe State agrees to use the additional Federal
				funds paid to the State as a result of this subsection only for purposes of
				providing new or expanded offerings of non-institutionally-based long-term
				services and supports described in paragraph (5)(B) (including expansion
				through offering such services to increased numbers of beneficiaries of medical
				assistance under this title).
									(E)Structural
				changesThe State agrees to make, not later than the end of the
				6-month period that begins on the date the State submits and application under
				this paragraph, such changes to the administration of the State plan (and, if
				applicable, to waivers approved for the State that involve the provision of
				long-term care services and supports) as the Secretary determines, by
				regulation or otherwise, are essential to achieving an improved balance between
				the provision of non-institutionally-based long-term services and supports
				described in paragraph (5)(B) and other long-term services and supports, and
				which shall include the following:
										(i)No wrong
				door—single entry point systemDevelopment of a statewide
				system to enable consumers to access all long-term services and supports
				through an agency, organization, coordinated network, or portal, in accordance
				with such standards as the State shall establish and that—
											(I)shall require
				such agency, organization, network, or portal to provide—
												(aa)consumers with
				information regarding the availability of such services, how to apply for such
				services, and other referral services; and
												(bb)information
				regarding, and make recommendations for, providers of such services; and
												(II)may, at State
				option, permit such agency, organization, network, or portal to—
												(aa)determine
				financial and functional eligibility for such services and supports; and
												(bb)provide or refer
				eligible individuals to services and supports otherwise available in the
				community (under programs other than the State program under this title), such
				as housing, job training, and transportation.
												(ii)Presumptive
				EligibilityAt the option of the State, provision of a 60-day
				period of presumptive eligibility for medical assistance for
				non-institutionally-based long-term services and supports described in
				paragraph (5)(B) for any individual whom the State has reason to believe will
				qualify for such medical assistance (provided that any expenditures for such
				medical assistance during such period are disregarded for purposes of
				determining the rate of erroneous excess payments for medical assistance under
				section 1903(u)(1)(D)).
										(iii)Case
				ManagementDevelopment, in accordance with guidance from the
				Secretary, of conflict-free case management services to—
											(I)address
				transitioning from receipt of institutionally-based long-term services and
				supports described in paragraph (5)(A) to receipt of non-institutionally-based
				long-term services and supports described in paragraph (5)(B); and
											(II)in conjunction
				with the beneficiary, assess the beneficiary's needs and, if appropriate, the
				needs of family caregivers for the beneficiary, and develop a service plan,
				arrange for services and supports, support the beneficiary (and, if
				appropriate, the caregivers) in directing the provision of services and
				supports, for the beneficiary, and conduct ongoing monitoring to assure that
				services and supports are delivered to meet the beneficiary's needs and achieve
				intended outcomes.
											(iv)Core
				standardized assessment instrumentsDevelopment of core
				standardized assessment instruments for determining eligibility for
				non-institutionally-based long-term services and supports described in
				paragraph (5)(B), which shall be used in a uniform manner throughout the State,
				to—
											(I)assess a
				beneficiary's eligibility and functional level in terms of relevant areas that
				may include medical, cognitive, and behavioral status, as well as daily living
				skills, and vocational and communication skills;
											(II)based on the
				assessment conducted under subclause (I), determine a beneficiary's needs for
				training, support services, medical care, transportation, and other services,
				and develop an individual service plan to address such needs;
											(III)conduct ongoing
				monitoring based on the service plan; and
											(IV)require
				reporting of collect data for purposes of comparison among different service
				models.
											(F)Data
				CollectionCollecting from providers of services and through such
				other means as the State determines appropriate the following data:
										(i)Services
				dataServices data from providers of non-institutionally-based
				long-term services and supports described in paragraph (5)(B) on a
				per-beneficiary basis and in accordance with such standardized coding
				procedures as the State shall establish in consultation with the
				Secretary.
										(ii)Quality
				dataQuality data on a selected set of core quality measures
				agreed upon by the Secretary and the State that are linked to
				population-specific outcomes measures and accessible to providers.
										(iii)Outcomes
				measuresOutcomes measures data on a selected set of core
				population-specific outcomes measures agreed upon by the Secretary and the
				State that are accessible to providers and include—
											(I)measures of
				beneficiary and family caregiver experience with providers;
											(II)measures of
				beneficiary and family caregiver satisfaction with services; and
											(III)measures for
				achieving desired outcomes appropriate to a specific beneficiary, including
				employment, participation in community life, health stability, and prevention
				of loss in function.
											(3)Applicable
				number of percentage points increase in fmapThe applicable
				number of percentage points are—
									(A)in the case of a
				balancing incentive payment State subject to the target spending percentage
				described in paragraph (2)(B)(i), 5 percentage points; and
									(B)in the case of
				any other balancing incentive payment State, 2 percentage points.
									(4)Eligible
				medical assistance expenditures
									(A)In
				generalSubject to subparagraph (B), medical assistance described
				in this paragraph is medical assistance for non-institutionally-based long-term
				services and supports described in paragraph (5)(B) that is provided during the
				period that begins on October 1, 2011, and ends on September 30, 2015.
									(B)Limitation on
				paymentsIn no case may the aggregate amount of payments made by
				the Secretary to balancing incentive payment States under this subsection
				during the period described in subparagraph (A), or to a State to which
				paragraph (6) of the first sentence of subsection (b) applies, exceed
				$3,000,000,000.
									(5)Long-term
				services and supports definedIn this subsection, the term
				long-term services and supports has the meaning given that term by
				Secretary and shall include the following:
									(A)Institutionally-based
				long-term services and supportsServices provided in an
				institution, including the following:
										(i)Nursing facility
				services.
										(ii)Services in an
				intermediate care facility for the mentally retarded described in subsection
				(a)(15).
										(B)Non-institutionally-based
				long-term services and supportsServices not provided in an
				institution, including the following:
										(i)Home and
				community-based services provided under subsection (c), (d), or (i), of section
				1915 or under a waiver under section 1115.
										(ii)Home health care
				services.
										(iii)Personal care
				services.
										(iv)Services
				described in subsection (a)(26) (relating to PACE program services).
										(v)Self-directed
				personal assistance services described in section
				1915(j)
										.
					(b)Enhanced FMAP
			 for certain states To maintain the provision of home and community-based
			 servicesThe first sentence of section 1905(b) of such Act (42
			 U.S.C. 1396d (b)), as amended by subsection (a), is amended
					(1)by striking
			 , and (5) and inserting , (5); and
					(2)by inserting
			 before the period the following: , and (6) in the case of a State in
			 which at least 50 percent of the total expenditures for medical assistance for
			 fiscal year 2009 for long-term services and supports (as defined by the
			 Secretary for purposes of subsection (y)) are for non-institutionally-based
			 long-term services and supports described in subsection (y)(5)(B), and which
			 satisfies the requirements of subparagraphs (A) (other than clauses (iii), (v),
			 and (vi)), (C), and (F) of subsection (y)(2), and has implemented the
			 structural changes described in each clause of subparagraph (E) of that
			 subsection, the Federal medical assistance percentage shall be increased by 1
			 percentage point with respect to medical assistance described in subparagraph
			 (A) of subsection (y)(4) (but subject to the limitation described in
			 subparagraph (B) of that subsection).
					(c)Grants To
			 support structural changes
					(1)In
			 GeneralThe Secretary of Health and Human Services shall award
			 grants to States for the following purposes:
						(A)To support the
			 development of common national set of coding methodologies and databases
			 related to the provision of non-institutionally-based long-term services and
			 supports described in paragraph (5)(B) of section 1905(y) of the Social
			 Security Act (as added by subsection (a)).
						(B)To make
			 structural changes described in paragraph (2)(E) of section 1905(y) to the
			 State Medicaid program.
						(2)PriorityIn
			 awarding grants for the purpose described in paragraph (1)(A), the Secretary of
			 Health and Human Services shall give priority to States in which at least 50
			 percent of the total expenditures for medical assistance under the State
			 Medicaid program for fiscal year 2009 for long-term services and supports, as
			 defined by the Secretary for purposes of section 1905(y) of the Social Security
			 Act, are for non-institutionally-based long-term services and supports
			 described in paragraph (5)(B) of such section.
					(3)CollaborationStates
			 awarded a grant for the purpose described in paragraph (1)(A) shall collaborate
			 with other States, the National Governor's Association, the National Conference
			 of State Legislatures, the National Association of State Medicaid Directors,
			 the National Association of State Directors of Developmental Disabilities, and
			 other appropriate organizations in developing specifications for a common
			 national set of coding methodologies and databases.
					(4)Authorization
			 of appropriationsThere are authorized to be appropriated to
			 carry out this subsection, such sums as may be necessary for each of fiscal
			 years 2010 through 2012.
					(d)Authority for
			 individualized budgets under waivers To provide home and community-based
			 servicesIn the case of any waiver to provide home and
			 community-based services under subsection (c) or (d) of section 1915 of the
			 Social Security Act (42 U.S.C. 1396n) or section 1115 of such Act (42 U.S.C.
			 1315), that is approved or renewed after the date of enactment of this Act, the
			 Secretary of Health and Human Services shall permit a State to establish
			 individualized budgets that identify the dollar value of the services and
			 supports to be provided to an individual under the waiver.
				(e)Oversight and
			 assessment
					(1)Development of
			 standardized reporting requirements
						(A)Standardization
			 of data and outcome measuresThe Secretary of Health and Human
			 Services shall consult with States and the National Governor's Association, the
			 National Conference of State Legislatures, the National Association of State
			 Medicaid Directors, the National Association of State Directors of
			 Developmental Disabilities, and other appropriate organizations to develop
			 specifications for standardization of—
							(i)reporting of
			 assessment data for long-term services and supports (as defined by the
			 Secretary for purposes of section 1905(y)(5) of the Social Security Act) for
			 each population served, including information standardized for purposes of
			 certified EHR technology (as defined in section 1903(t)(3)(A) of the Social
			 Security Act (42 U.S.C. 1396b(t)(3)(A)) and under other electronic medical
			 records initiatives; and
							(ii)outcomes
			 measures that track assessment processes for long-term services and supports
			 (as so defined) for each such population that maintain and enhance individual
			 function, independence, and stability.
							(2)Administration
			 of home and community servicesThe Secretary of Health and Human
			 Services shall promulgate regulations to ensure that all States develop service
			 systems that are designed to—
						(A)allocate
			 resources for services in a manner that is responsive to the changing needs and
			 choices of beneficiaries receiving non-institutionally-based long-term services
			 and supports described in paragraph (5)(B) of section 1905(y) of the Social
			 Security Act (as added by subsection (a)) (including such services and supports
			 that are provided under programs other the State Medicaid program), and that
			 provides strategies for beneficiaries receiving such services to maximize their
			 independence;
						(B)provide the
			 support and coordination needed for a beneficiary in need of such services (and
			 their family caregivers or representative, if applicable) to design an
			 individualized, self-directed, community-supported life; and
						(C)improve
			 coordination among all providers of such services under federally and
			 State-funded programs in order to—
							(i)achieve a more
			 consistent administration of policies and procedures across programs in
			 relation to the provision of such services; and
							(ii)oversee and
			 monitor all service system functions to assure—
								(I)coordination of,
			 and effectiveness of, eligibility determinations and individual assessments;
			 and
								(II)development and
			 service monitoring of a complaint system, a management system, a system to
			 qualify and monitor providers, and systems for role-setting and individual
			 budget determinations.
								(3)MonitoringThe
			 Secretary of Health and Human Services shall assess on an ongoing basis and
			 based on measures specified by the Agency for Healthcare Research and Quality,
			 the safety and quality of non-institutionally-based long-term services and
			 supports described in paragraph (5)(B) of section 1905(y) of that Act provided
			 to beneficiaries of such services and supports and the outcomes with regard to
			 such beneficiaries’ experiences with such services. Such oversight shall
			 include examination of—
						(A)the consistency,
			 or lack thereof, of such services in care plans as compared to those services
			 that were actually delivered; and
						(B)the length of
			 time between when a beneficiary was assessed for such services, when the care
			 plan was completed, and when the beneficiary started receiving such
			 services.
						(4)GAO study and
			 reportThe Comptroller General of the United States shall study
			 the longitudinal costs of Medicaid beneficiaries receiving long-term services
			 and supports (as defined by the Secretary for purposes of section 1905(y)(5) of
			 the Social Security Act) over 5-year periods across various programs, including
			 the non-institutionally-based long-term services and supports described in
			 paragraph (5)(B) of such section, PACE program services under section 1894 of
			 the Social Security Act (42 U.S.C. 1395eee, 1396u–4), and services provided
			 under specialized MA plans for special needs individuals under part C of title
			 XVIII of the Social Security Act.
					IIStrengthening
			 the Medicaid Home and Community-Based State Plan Amendment Option
			201.Removal of
			 barriers to providing home and community-based services under State plan
			 amendment option for individuals in need
				(a)Parity with
			 income eligibility standard for institutionalized individualsParagraph (1) of section 1915(i) of the
			 Social Security Act (42 U.S.C. 1396n(i)) is amended by striking 150
			 percent of the poverty line (as defined in section 2110(c)(5)) and
			 inserting 300 percent of the supplemental security income benefit rate
			 established by section 1611(b)(1).
				(b)Additional
			 state optionsSection 1915(i) of the Social Security Act (42
			 U.S.C. 1396n(i)) is amended by adding at the end the following new
			 paragraphs:

						(6)State option to
				provide home and community-based services to individuals eligible for services
				under a waiver
							(A)In
				generalA State that provides home and community-based services
				in accordance with this subsection to individuals who satisfy the needs-based
				criteria for the receipt of such services established under paragraph (1)(A)
				may, in addition to continuing to provide such services to such individuals,
				elect to provide home and community-based services in accordance with the
				requirements of this paragraph to individuals who are eligible for home and
				community-based services under a waiver approved for the State under subsection
				(c), (d), or (e) or under section 1115 to provide such services, but only for
				those individuals whose income does not exceed 300 percent of the supplemental
				security income benefit rate established by section 1611(b)(1).
							(B)Application of same requirements for
				individuals satisfying needs-based criteriaSubject to subparagraph (C), a State shall
				provide home and community-based services to individuals under this paragraph
				in the same manner and subject to the same requirements as apply under the
				other paragraphs of this subsection to the provision of home and
				community-based services to individuals who satisfy the needs-based criteria
				established under paragraph (1)(A).
							(C)Authority to
				offer different type, amount, duration, or scope of home and community-based
				servicesA State may offer home and community-based services to
				individuals under this paragraph that differ in type, amount, duration, or
				scope from the home and community-based services offered for individuals who
				satisfy the needs-based criteria established under paragraph (1)(A), so long as
				such services are within the scope of services described in paragraph (4)(B) of
				subsection (c) for which the Secretary has the authority to approve a waiver
				and do not include room or board.
							(7)State option to
				offer home and community-based services to specific, targeted
				populations
							(A)In
				generalA State may elect in a State plan amendment under this
				subsection to target the provision of home and community-based services under
				this subsection to specific populations and to differ the type, amount,
				duration, or scope of such services to such specific populations.
							(B)5-year
				term
								(i)In
				generalAn election by a State under this paragraph shall be for
				a period of 5 years.
								(ii)Phase-in of
				services and eligibility permitted during initial 5-year periodA
				State making an election under this paragraph may, during the first 5-year
				period for which the election is made, phase-in the enrollment of eligible
				individuals, or the provision of services to such individuals, or both, so long
				as all eligible individuals in the State for such services are enrolled, and
				all such services are provided, before the end of the initial 5-year
				period.
								(C)RenewalAn
				election by a State under this paragraph may be renewed for additional 5-year
				terms if the Secretary determines, prior to beginning of each such renewal
				period, that the State has—
								(i)adhered to the
				requirements of this subsection and paragraph in providing services under such
				an election; and
								(ii)met the State's
				objectives with respect to quality improvement and beneficiary
				outcomes.
								.
				(c)Removal of
			 limitation on scope of servicesParagraph (1) of section 1915(i) of the
			 Social Security Act (42 U.S.C. 1396n(i)), as amended by subsection (a), is
			 amended by striking or such other services requested by the State as the
			 Secretary may approve.
				(d)Optional
			 eligibility category To provide full medicaid benefits to individuals receiving
			 home and community-based services under a State plan amendment
					(1)In
			 generalSection 1902(a)(10)(A)(ii) of the Social Security Act (42
			 U.S.C. 1396a(a)(10)(A)(ii)) is amended—
						(A)in subclause
			 (XVIII), by striking or at the end;
						(B)in subclause
			 (XIX), by adding or at the end; and
						(C)by inserting
			 after subclause (XIX), the following new subclause:

								(XX)who are eligible
				for home and community-based services under needs-based criteria established
				under paragraph (1)(A) of section 1915(i), or who are eligible for home and
				community-based services under paragraph (6) of such section, and who will
				receive home and community-based services pursuant to a State plan amendment
				under such
				subsection;
								.
						(2)Conforming
			 amendments
						(A)Section
			 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended in the
			 matter preceding subparagraph (A), by inserting
			 1902(a)(10)(A)(ii)(XX), after
			 1902(a)(10)(A)(ii)(XIX),.
						(B)Section 1905(a)
			 of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter
			 preceding paragraph (1)—
							(i)in
			 clause (xii), by striking or at the end;
							(ii)in
			 clause (xiii), by adding or at the end; and
							(iii)by inserting
			 after clause (xiii) the following new clause:

									(xiv)individuals who are eligible for
				home and community-based services under needs-based criteria established under
				paragraph (1)(A) of section 1915(i), or who are eligible for home and
				community-based services under paragraph (6) of such section, and who will
				receive home and community-based services pursuant to a State plan amendment
				under such
				subsection,
									.
							(e)Elimination of
			 option To limit number of eligible individuals or length of period for
			 grandfathered individuals if eligibility criteria is modifiedParagraph (1) of section 1915(i) of such
			 Act (42 U.S.C. 1396n(i)) is amended—
					(1)by striking subparagraph (C) and inserting
			 the following:

							(C)Projection of number of individuals to be
				provided home and community-based servicesThe State submits to
				the Secretary, in such form and manner, and upon such frequency as the
				Secretary shall specify, the projected number of individuals to be provided
				home and community-based services.
							;
				and
					(2)in subclause (II)
			 of subparagraph (D)(ii), by striking to be eligible for such services
			 for a period of at least 12 months beginning on the date the individual first
			 received medical assistance for such services and inserting to
			 continue to be eligible for such services after the effective date of the
			 modification and until such time as the individual no longer meets the standard
			 for receipt of such services under such pre-modified criteria.
					(f)Elimination of
			 option To waive statewideness; addition of option To waive
			 comparabilityParagraph (3)
			 of section 1915(i) of such Act (42 U.S.C. 1396n(3)) is amended by striking
			 1902(a)(1) (relating to statewideness) and inserting
			 1902(a)(10)(B) (relating to comparability).
				(g)Effective
			 dateThe amendments made by this section take effect on the first
			 day of the first fiscal year quarter that begins after the date of enactment of
			 this Act.
				202.Mandatory
			 application of spousal impoverishment protections to recipients of home and
			 community-based services
				(a)In
			 generalSection 1924(h)(1)(A)
			 of the Social Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amended by striking
			 (at the option of the State) is described in section
			 1902(a)(10)(A)(ii)(VI) and inserting is eligible for medical
			 assistance for home and community-based services under subsection (c), (d),
			 (e), or (i) of section 1915.
				(b)Effective
			 dateThe amendment made by subsection (a) takes effect on October
			 1, 2009.
				203.State
			 authority to elect to exclude up to 6 months of average cost of nursing
			 facility services from assets or resources for purposes of eligibility for home
			 and community-based services
				(a)In
			 generalSection 1917 of the
			 Social Security Act (42 U.S.C. 1396p) is amended by adding at the end the
			 following new subsection:

						(i)State authority
				To exclude up to 6 months of average cost of nursing facility services from
				home and community-based services eligibility
				determinationsNothing in this section or any other provision of
				this title, shall be construed as prohibiting a State from excluding from any
				determination of an individual's assets or resources for purposes of
				determining the eligibility of the individual for medical assistance for home
				and community-based services under subsection (c), (d), (e), or (i) of section
				1915 (if a State imposes an limitation on assets or resources for purposes of
				eligibility for such services), an amount equal to the product of the amount
				applicable under subsection (c)(1)(E)(ii)(II) (at the time such determination
				is made) and such number, not to exceed 6, as the State may
				elect.
						.
				(b)Rule of
			 constructionNothing in the amendment made by subsection (a)
			 shall be construed as affecting a State's option to apply less restrictive
			 methodologies under section 1902(r)(2) for purposes of determining income and
			 resource eligibility for individuals specified in that section.
				IIICoordination of
			 Home and Community-Based Waivers
			301.Streamlined
			 process for combined waivers under subsections (b) and (c) of section
			 1915Not later than 90 days
			 after the date of enactment of this Act, the Secretary of Health and Human
			 Services shall create a template to streamline the process of approving,
			 monitoring, evaluating, and renewing State proposals to conduct a program that
			 combines the waiver authority provided under subsections (b) and (c) of section
			 1915 of the Social Security Act (42 U.S.C. 1396n) into a single program under
			 which the State provides home and community-based services to individuals based
			 on individualized assessments and care plans (in this section referred to as
			 the combined waivers program). The template required under this
			 section shall provide for the following:
				(1)A standard 5-year
			 term for conducting a combined waivers program.
				(2)Harmonization of
			 any requirements under subsections (b) and (c) of such section that
			 overlap.
				(3)An option for
			 States to elect, during the first 5-year term for which the combined waivers
			 program is approved to phase-in the enrollment of eligible individuals, or the
			 provision of services to such individuals, or both, so long as all eligible
			 individuals in the State for such services are enrolled, and all such services
			 are provided, before the end of the initial 5-year period.
				(4)Examination by
			 the Secretary, prior to each renewal of a combined waivers program, of how well
			 the State has—
					(A)adhered to the
			 combined waivers program requirements; and
					(B)performed in
			 meeting the State's objectives for the combined waivers program, including with
			 respect to quality improvement and beneficiary outcomes.