		III
		112th CONGRESS
		1st Session
		S. RES. 279
		IN THE SENATE OF THE UNITED STATES

			September 23, 2011
			Mrs. Gillibrand (for
			 herself and Ms. Ayotte) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Expressing support for the designation of
		  September 24, 2011, as Worldwide Day of Play.

		Whereas according to the Centers for Disease Control and
			 Prevention, since 1980, obesity prevalence among children has almost tripled
			 and approximately 12,500,000, or 17 percent, of children and adolescents in the
			 United States are obese;
		Whereas according to the American Academy of Pediatrics
			 study entitled The Importance of Play in Promoting Healthy Child
			 Development and Maintaining Strong Parent-Child Bonds—
			(1)play is essential
			 to development because play contributes to the cognitive, physical, social, and
			 emotional well-being of children and youth;
			(2)play offers an
			 ideal opportunity for parents to engage fully with children; and
			(3)despite the
			 benefits derived from play for both children and parents, time for free play
			 has been significantly reduced for some children and youth in the United
			 States;
			Whereas Worldwide Day of Play is the centerpiece of The
			 Big Help, the long-term commitment of Nickelodeon to empower children and
			 families by providing the tools and information children and families need to
			 take action on the issues children and families care about;
		Whereas in each of the 50 States and in 13 countries,
			 including at United States military bases around the globe, children and
			 families celebrate Worldwide Day of Play;
		Whereas on September 24, 2011, Nickelodeon will host the
			 8th annual Worldwide Day of Play;
		Whereas in 2011, in collaboration with the Let's Move!
			 campaign started by First Lady Michelle Obama and the President’s Council on
			 Fitness, Sports and Nutrition, the Nickelodeon Worldwide Day of Play will be
			 held on the Ellipse in Washington, District of Columbia;
		Whereas September 24, 2011, would be an appropriate date
			 to designate as Worldwide Day of Play: Now, therefore, be it

		That the Senate supports the designation of
			 September 24, 2011, as Worldwide Day of Play.


117 HR 2887 IH: Global Climate Change Diplomacy Act
U.S. House of Representatives
2021-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 2887
IN THE HOUSE OF REPRESENTATIVES

April 28, 2021
Mr. Keating (for himself and Ms. Kaptur) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL
To provide for certain Department of State actions relating to global climate change, and for other purposes.

1.Short titleThis Act may be cited as the Global Climate Change Diplomacy Act.  2.Department of State actions relating to global climate change (a)Climate change officers (1)In generalThe Secretary of State shall establish and staff Climate Change Officer positions. Such Officers shall serve under the supervision of the appropriate chief of mission or the Under Secretary for Economic Growth, Energy, and the Environment of the Department of State, as the case may be. The Secretary shall ensure each embassy, consulate, and diplomatic mission to which such Officers are assigned pursuant to paragraph (2) has sufficient additional and appropriate staff to support such Officers.
(2)AssignmentClimate Change Officers shall be assigned to the following posts: (A)United States embassies, or, if appropriate, consulates.
(B)United States diplomatic missions to, or liaisons with, regional and multilateral organizations, including the United States diplomatic missions to the European Union, African Union, Organization of American States, Arctic Council, and any other appropriate regional organization, and the United Nations and its relevant specialized agencies. (C)Other posts as designated by the Secretary.
(3)ResponsibilitiesEach Climate Change Officer shall— (A)provide expertise on effective approaches to—
(i)mitigate the emission of gases which contribute to global climate change and formulate national and global plans for reducing such gross and net emissions; and (ii)reduce the detrimental impacts attributable to global climate change, and adapt to such impacts;
(B)engage and convene, in a manner that is equitable, inclusive, and just, with individuals and organizations which represent a government office, a nongovernmental organization, a social or political movement, a private sector entity, an educational or scientific institution, or any other entity concerned with— (i)global climate change; the emission of gases which contribute to global climate change; or
(ii)reducing the detrimental impacts attributable to global climate change; (C)facilitate engagement by United States entities in bilateral and multilateral cooperation on climate change; and
(D)carry out such other responsibilities as the Secretary may assign. (b)Responsibilities of Under SecretaryThe Under Secretary for Economic Growth, Energy, and the Environment of the Department of State shall, including by acting through the Bureau of Oceans and International Environmental and Scientific Affairs of the Department of State—
(1)provide policy guidance to Climate Change Officers established under subsection (a); (2)develop relations with, consult with, and provide assistance to relevant individuals and organizations concerned with studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change; and
(3)assist officers and employees of regional bureaus of the Department of State to develop strategies and programs to promote studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change. (c)Actions by chiefs of missionEach chief of mission in a foreign country shall—
(1)develop, as part of annual joint strategic plans or equivalent program and policy planning, a strategy to promote actions to improve and increase studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change by— (A)consulting and coordinating with and providing support to relevant individuals and organizations, including experts and other professionals and stakeholders on issues related to climate change; and
(B)holding periodic meetings with such relevant individuals and organizations relating to such strategy; (2)hold ongoing discussions with the officials and leaders of such country regarding progress to improve and increase studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change in a manner that is equitable, inclusive, and just in such country; and
(3)certify annually to the Secretary of State that to the maximum extent practicable, considerations related to climate change adaptation and mitigation, sustainability, and the environment were incorporated in activities, management, and operations of the United States embassy or other diplomatic post under the director of the chief of mission. (d)TrainingNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish curriculum at the Department of State’s Foreign Service Institute that supplements political and economic reporting tradecraft courses in order to provide employees of the Department with specialized training with respect to studying, mitigating, and adapting to global climate change, or reducing the emission of gases which contribute to global climate change. Such training shall include the following:
(1)Awareness of the full range of national and subnational agencies, offices, personnel, statutory authorities, funds, and programs involved in the international commitments of the United States regarding global climate change and the emission of gases which contribute to global climate change, the science of global climate change, and methods for mitigating and adapting to global climate change. (2)Awareness of methods for mitigating and adapting to global climate change and reducing the emission of gases which contribute to global climate change that are equitable, inclusive, and just.
(3)Familiarity with United States agencies, multilateral agencies, international financial institutions, and the network of donors providing assistance to mitigate and adapt to global climate change. (4)Awareness of the most frequently announced goals and methods of the entities specified in subsection (a)(3)(B).
(e)ContractingContracting and agreements officers of the Department of State, and other United States embassy personnel responsible for contracts, grants, or acquisitions, shall receive training on evaluating proposals, solicitations, and bids, for considerations related to sustainability and adapting to or mitigating impacts from climate change. (f)ReportingNot later than 180 days after the date of the enactment of this Act and biennially thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a detailed breakdown of posts at which staff are assigned the role of Climate Change Officer, the responsibilities to which they have been assigned, and the strategies developed by the chief of mission, as applicable.
(g)Sense of CongressIt is the sense of Congress that climate diplomacy tools, including the establishment of Climate Change Officers and supporting staff under this section, are critical for demonstrating the commitment to include climate changes issues as core tenets of foreign policy priorities, as well as preserving the United States role as a global leader on climate change action.


II
110th CONGRESS 1st Session
S. 167
IN THE SENATE OF THE UNITED STATES

January 4, 2007
Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL
To amend the Clean Air Act to require the Secretary of Energy to provide grants to eligible entities to carry out research, development, and demonstration projects of cellulosic ethanol and construct infrastructure that enables retail gas stations to dispense cellulosic ethanol for vehicle fuel to reduce the consumption of petroleum-based fuel.

1.Short titleThis Act may be cited as the Cellulosic Ethanol Development and Implementation Act of 2007.
2.Cellulosic ethanol fuel development and implementation programSection 212 of the Clean Air Act (42 U.S.C. 7546) is amended by adding at the end the following:

(f)Cellulosic ethanol fuel grant program
(1)Definition of eligible entityIn this subsection, the term eligible entity means—
(A)an institution of higher education;
(B)a National Laboratory;
(C)a Federal research agency;
(D)a State research agency;
(E)a private sector entity;
(F)a nonprofit organization; or
(G)a consortium of 2 or more entities described in subparagraphs (A) through (F).
(2)EstablishmentThe Secretary shall establish a program to provide grants to eligible entities for use in carrying out research, development, and demonstration projects relating to the use of cellulosic ethanol fuel for motor vehicles.
(3)ApplicationAn eligible entity that seeks to receive a grant under this subsection shall submit to the grant review committee described in paragraph (4) an application for the grant at such time, in such form, and containing such information as the grant review committee may require.
(4)Grant review committeeApplications for grants under this subsection shall be reviewed, and approved or disapproved, by a grant review committee composed of an equal number of representatives of—
(A)the Department of Energy, to be appointed by the Secretary;
(B)the Department of Agriculture, to be appointed by the Secretary of Agriculture;
(C)the Environmental Protection Agency, to be appointed by the Administrator; and
(D)experts that are not full-time employees of the Federal Government, to be appointed by the President.
(5)PriorityIn awarding grants under this subsection, the grant review committee shall give priority to eligible entities that propose to carry out—
(A)projects that use alternative or renewable energy sources in the production of cellulosic ethanol fuel; and
(B)demonstration projects.
(6)Matching fundsAs a condition of receiving a grant under this subsection, an eligible entity shall provide matching funds in the amount of 20 percent of the total amount of the grant.
(7)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $1,000,000,000 for the period of fiscal years 2007 through 2013.
(g)Infrastructure pilot program for cellulosic ethanol fuel
(1)In generalThe Secretary shall establish a pilot program to provide grants to eligible entities (as described in subsection (d)(2) or defined in subsection (f)) for use in installing infrastructure (such as pumps) that would enable retail gas stations to sell and dispense ethanol fuel.
(2)ApplicationAn eligible entity that seeks to receive a grant under this subsection shall submit to the Secretary an application for the grant at such time, in such form, and containing such information as the Secretary may require.
(3)Matching fundsAs a condition of receiving a grant under this subsection, an eligible entity shall provide matching funds in the amount of 20 percent of the total amount of the grant.
(4)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $1,000,000,000 for the period of fiscal years 2007 through 2013. .
3.Cellulosic biomass ethanol conversion assistanceSection 212(e) of the Clean Air Act (42 U.S.C. 7546(e)) is amended by striking paragraph (3) and inserting the following:

(3)Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection $400,000,000 for each of fiscal years 2007 through 2010. .


		I
		111th CONGRESS
		2d Session
		H. R. 6441
		IN THE HOUSE OF REPRESENTATIVES

			November 18, 2010
			Mr. Lewis of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To improve the safety of motorcoaches, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited as the Motorcoach
			 Enhanced Safety Act of 2010.
			(b)Table of
			 ContentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Definitions.
					Sec. 3. Regulations for improved occupant
				protection and collision avoidance.
					Sec. 4. Standards for improved fire
				safety.
					Sec. 5. Occupant protection and collision
				avoidance research.
					Sec. 6. New entrants.
					Sec. 7. Reincarnated carriers.
					Sec. 8. Improved oversight of motorcoach
				service providers.
					Sec. 9. Motorcoach driver
				training.
					Sec. 10. Improved testing for the
				commercial driver’s license passenger endorsement.
					Sec. 11. Improved physical fitness
				oversight and commercial driver medical certificates.
					Sec. 12. Safety and enforcement technology
				for motorcoaches.
					Sec. 13. Safety inspection program for
				commercial motor vehicles of passengers.
					Sec. 14. Distracted driving.
					Sec. 15. Motorcoach rental or leasing
				companies.
					Sec. 16. Registration of brokers for motor
				carriers of passengers.
					Sec. 17. Regulations.

			2.DefinitionsIn this Act:
			(1)Advanced
			 glazingThe term advanced glazing means glazing
			 installed in a portal on the side or the roof of a motorcoach that is designed
			 to be highly resistant to partial or complete occupant ejection in all types of
			 motor vehicle crashes.
			(2)BusThe
			 term bus has the meaning given such term in section 571.3(b) of
			 title 49, Code of Federal Regulations (as in effect on the day before the date
			 of enactment of this Act).
			(3)Commercial motor
			 vehicleExcept as otherwise specified, the term commercial
			 motor vehicle has the meaning given such term in section 31132(1) of
			 title 49, United States Code.
			(4)Direct tire
			 pressure monitoring systemThe term direct tire pressure
			 monitoring system means a tire pressure monitoring system that is
			 capable of directly detecting when the air pressure level in any tire is
			 significantly under-inflated and providing the driver a low tire pressure
			 warning as to which specific tire is significantly under-inflated.
			(5)Electronic
			 on-board recorderThe term electronic on-board
			 recorder means an electronic device that acquires and stores data
			 showing the record of duty status of the vehicle operator and performs the
			 functions required of an automatic on-board recording device in section
			 395.15(b) of title 49, Code of Federal Regulations.
			(6)Event data
			 recorderThe term event data recorder has the
			 meaning given that term in section 563.5 of title 49, Code of Federal
			 Regulations.
			(7)Motor
			 carrierThe term motor carrier means—
				(A)a motor carrier,
			 as defined in section 13102(14) of title 49, United States Code; or
				(B)a motor private
			 carrier, as defined in section 13102(15) of such title.
				(8)MotorcoachThe
			 term motorcoach means a bus with a gross vehicle weight rating of
			 26,000 pounds or greater, 16 or more designated seating positions (including
			 the driver), and at least 2 rows of passenger seats rearward of the driver’s
			 seating position that are forward-facing or can be converted to forward-facing
			 without the use of tools, but does not include—
				(A)a bus used in
			 transit service provided by a State or local government; or
				(B)a school bus,
			 including a multifunction school activity bus.
				(9)Motorcoach
			 servicesThe term motorcoach services means
			 passenger transportation by motorcoach for compensation.
			(10)Multifunction
			 school activity busesThe term multifunction school
			 activity buses has the meaning given such term in section 571.3(b) of
			 title 49, Code of Federal Regulations (as in effect on the day before the date
			 of enactment of this Act).
			(11)PortalThe
			 term portal means any opening on the front, sides, rear, or roof
			 of a motorcoach that could, in the event of a crash involving the motorcoach,
			 permit the partial or complete ejection of any occupant from the motorcoach,
			 including a young child.
			(12)Provider of
			 motorcoach servicesThe term provider of motorcoach
			 services means a motor carrier that provides passenger transportation
			 services with a motorcoach, including per-trip compensation and contracted or
			 chartered compensation.
			(13)Safety
			 beltThe term safety belt has the meaning given such
			 term in section 153(i)(4)(B) of title 23, United States Code.
			(14)SecretaryThe
			 term Secretary means the Secretary of Transportation.
			(15)Transit
			 serviceThe term transit service means motorcoach
			 service characterized by operating speeds of less than 45 miles per hour and
			 frequent stops.
			3.Regulations for
			 improved occupant protection and collision avoidance
			(a)Regulations
			 Required within 1 YearNot later than 1 year after the date of
			 the enactment of this Act, the Secretary shall prescribe regulations as
			 follows:
				(1)Safety
			 beltsThe Secretary shall issue a final rule in Docket No. NHTSA
			 2010–0112: Federal Motor Vehicle Standards; Motorcoach Definition; Occupant
			 Crash Protection, to require safety belts to be installed in motorcoaches at
			 each designated seating position.
				(2)Firefighting
			 equipmentThe Secretary shall require the installation in
			 motorcoaches of improved fire extinguishers or other readily available
			 firefighting equipment for the purpose of effectively extinguishing fires in
			 motorcoaches to prevent passenger deaths and injuries.
				(b)Regulations
			 Required within 18 monthsNot later than 18 months after the date
			 of the enactment of this Act, the Secretary shall prescribe regulations—
				(1)establishing
			 improved roof standards for motorcoaches that substantially improve the
			 resistance of motorcoach roofs to deformation and intrusion to prevent serious
			 occupant injury in rollover crashes involving motorcoaches; and
				(2)requiring advanced
			 glazing to be installed in each motorcoach portal to prevent partial or
			 complete ejection of passengers of motorcoaches, including such passengers that
			 are children.
				(c)Regulations
			 Required within 2 YearsNot later than 2 years after the date of
			 enactment of this Act, the Secretary shall prescribe commercial motor vehicle
			 regulations as follows:
				(1)Rollover crash
			 avoidanceThe Secretary shall require motorcoaches to be equipped
			 with stability enhancing technology, such as electronic stability control, or
			 torque vectoring, to reduce the number and frequency of rollover crashes among
			 motorcoaches.
				(2)Commercial motor
			 vehicle tire pressure monitoring systems
					(A)The Secretary
			 shall issue regulations that require motorcoaches to be equipped with direct
			 tire pressure monitoring systems that warn the operator of a commercial motor
			 vehicle when any tire exhibits a level of air pressure that is below a
			 specified level of air pressure established by the Secretary.
					(B)The regulations
			 prescribed by the Secretary under this section shall include performance
			 requirements to ensure that direct tire pressure monitoring systems are capable
			 of—
						(i)providing a
			 warning to the driver when 1 or more tires are underinflated;
						(ii)activating in a
			 specified time period after the under-inflation is detected; and
						(iii)operating at
			 different vehicle speeds.
						(3)Tire performance
			 standardThe Secretary shall upgrade performance standards for
			 tires used on motorcoaches, including an enhanced endurance test and a new
			 high-speed performance test.
				(d)Application of
			 Regulations
				(1)New
			 motorcoachesA regulation prescribed in accordance with
			 subsection (a), (b), or (c) shall apply to all motorcoaches manufactured more
			 than 2 years after the date on which the regulation is published as a final
			 rule.
				(2)Retrofit
			 requirements for existing motorcoachesThe Secretary may, by
			 regulation, provide for the application of any requirement established under
			 this section to motorcoaches manufactured before the date on which the
			 requirement applies to new motorcoaches under paragraph (1) based on an
			 assessment of the feasibility, benefits, and costs of retrofitting such
			 motorcoaches. The Secretary shall complete an assessment with respect to safety
			 belt retrofits no later than 2 years after the date of enactment of this
			 Act.
				4.Standards for
			 improved fire safety
			(a)EvaluationsWithin
			 18 months after the date of enactment of this Act, the Secretary shall complete
			 an evaluation of the following:
				(1)Flammability
			 standard for exterior componentsThe Secretary shall examine the
			 feasibility of establishing requirements for fire hardening or fire resistance
			 of motorcoach exterior components to prevent fire and smoke inhalation injuries
			 to occupants.
				(2)Smoke
			 suppressionThe Secretary shall review Federal motor vehicle
			 safety standard number 302 (49 CFR 571.302; relating to flammability of
			 interior materials) to consider more realistic tests to improve the resistance
			 of motorcoach interiors and components to burning and permit sufficient time
			 for the safe evacuation of passengers from motorcoaches.
				(3)Prevention of,
			 and resistance to, wheel well firesThe Secretary shall assess
			 technologies to prevent and mitigate the propagation of wheel well fires into
			 the passenger compartment and substantially reduce occupant deaths and injuries
			 from such fires.
				(4)Passenger
			 evacuationThe Secretary shall evaluate requirements for
			 motorcoaches to be equipped with the following:
					(A)Improved
			 emergency evacuation designsImproved emergency exit window,
			 door, roof hatch, and wheelchair lift door designs to expedite access and use
			 by passengers of motorcoaches under all emergency circumstances, including
			 crashes and fires.
					(B)Emergency
			 interior lightingEmergency interior lighting systems, including
			 luminescent or retroreflectorized delineation of evacuation paths and exits,
			 that are triggered by a crash or other emergency incidents to accomplish more
			 rapid and effective evacuation of passengers.
					(5)Automatic fire
			 suppressionThe Secretary shall evaluate requirements for
			 motorcoaches to be equipped with highly effective fire suppression systems that
			 automatically respond to and suppress all fires in such motorcoaches.
				(b)Performance
			 RequirementsNot later than 3 years after the date of enactment
			 of this Act, the Secretary shall issue performance requirements for improved
			 fire safety and passenger evacuation based on the results of the evaluations
			 conducted under subsection (a).
			5.Occupant
			 protection and collision avoidance research
			(a)Safety Research
			 InitiativesNot later than 2 years after the date of enactment of
			 this Act, the Secretary shall complete research on the following:
				(1)Compartmentalization
			 safety countermeasuresEnhanced compartmentalization safety
			 countermeasures for motorcoaches, including enhanced seating designs, to reduce
			 substantially the risk of passengers being thrown from their seats and
			 colliding with other passengers, interior surfaces, and components in the event
			 of a crash involving a motorcoach.
				(2)Interior impact
			 protectionEnhanced occupant impact protection standards for
			 motorcoach interiors to reduce substantially serious injuries for all
			 passengers of motorcoaches.
				(3)Collision
			 avoidance systemsForward and lateral crash warning systems
			 applications for motorcoaches.
				(b)Standards and
			 RegulationsNot later than 2 years after the completion of each
			 research initiative required by subsection (a), the Secretary shall issue a
			 standard or regulation based on the results of that research.
			6.New
			 entrants
			(a)Registration
			 RequirementsSection 13902(b) of title 49, United States Code, is
			 amended by redesignating paragraphs (1) through (8) as paragraphs (3) through
			 (10), respectively, and inserting before paragraph (3), as redesignated, the
			 following:

					(1)Additional
				registration requirements for providers or motorcoach servicesIn
				addition to meeting the requirements of subsection (a)(1), the Secretary may
				register a person to provide motorcoach services only after that person—
						(A)undergoes a
				pre-authorization safety audit, including verification, in a manner sufficient
				to demonstrate the ability to comply with Federal rules and regulations,
				of—
							(i)a
				drug and alcohol testing program consistent with part 40 of title 49, Code of
				Federal Regulations;
							(ii)the carrier’s
				system of compliance with hours-of-service rules, including hours-of-service
				records;
							(iii)the ability to
				obtain required insurance;
							(iv)driver
				qualifications, including the validity of the commercial driver’s license of
				each driver who will be operating under such authority;
							(v)disclosure of
				common ownership, common control, common management, common familial
				relationship, or other corporate relationship with another motor carrier or
				applicant for motor carrier authority over the past 3 years;
							(vi)records of the
				State inspections, or of a Level I or V Commercial Vehicle Safety Alliance
				Inspection, for all vehicles that will be operated by the carrier;
							(vii)safety
				management programs, including vehicle maintenance and repair programs;
				and
							(viii)the ability to
				comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
				seq.) and the Over-the-Road Bus Transportation Accessibility Act of 2007 (49
				U.S.C. 10101 note);
							(B)has been
				interviewed to review safety management controls and the carrier’s written
				safety oversight policies and practices; and
						(C)has demonstrated,
				through the successful completion of a written examination developed by the
				Secretary, proficiency to comply with and carry out the requirements and
				regulations described in subsection (a)(1).
						(2)Pre-authorization
				safety auditThe pre-authorization safety audit required by
				paragraph (1)(A) shall be completed on-site no later than 90 days following the
				submission of an application for operating authority.
					(3)FeeThe
				Secretary may establish, under section 9701 of title 31, a fee of not more than
				$1,200 for new registrants that as nearly as possible covers the costs of
				performing a preauthorization safety audit. An amount collected under this
				subsection shall be deposited in the Highway Trust Fund (other than the Mass
				Transit
				Account).
					.
			(b)Safety Reviews
			 of New OperatorsSection 31144(g)(1) of title 49, United States
			 Code, is amended by inserting transporting property after
			 each operator.
			(c)Effective
			 DateThe amendments made by this section shall take effect 1 year
			 after the date of enactment of this Act.
			7.Reincarnated
			 carriers
			(a)Registration
			 RequirementsSection 13902(b) of title 49, United States Code, is
			 amended by redesignating paragraphs (1) through (8) as paragraphs (2) through
			 (9), respectively, and inserting before paragraph (2), as redesignated, the
			 following:

					(1)Disclosure of
				prior relationshipsIn addition to meeting the requirements under
				subsection (a)(1), the Secretary shall require applicants for authority to
				transport passengers to disclose any relationship involving common ownership,
				common management, or common familial relationship between that person and any
				other motor carrier, if the relationship occurred in the 3-year period
				preceding the date of the filing of the application for
				registration.
					.
			(b)Denial,
			 Suspension, Amendment, or Revocation of RegistrationSection
			 13905(d)(1) of title 49, United States Code, is amended—
				(1)by striking
			 registration; and and inserting
			 registration;;
				(2)by striking
			 “penalty.” and inserting “penalty; and (C) deny, suspend, amend, or revoke all
			 or part of a registration of a motor carrier following a determination by the
			 Secretary that the motor carrier failed to disclose in its application for
			 registration a material fact relevant to its willingness and ability to comply
			 with—

						(i)this part;
						(ii)an applicable regulation or order
				of the Secretary or the Board; or
						(iii)a condition of its
				registration.
						.
				(c)ProcedureSection
			 13905(e)(1) of such title is amended by striking registrant and
			 inserting registrant, or if the Secretary determines that the registrant
			 has failed to disclose a material fact in its application for registration in
			 accordance with subsection (d)(1)(C),.
			(d)Duties of
			 Employers and EmployeesSection 31135 of such title is
			 amended—
				(1)by redesignating
			 subsection (d) as subsection (e); and
				(2)by inserting after
			 subsection (c) the following:

						(d)Avoiding
				ComplianceTwo or more employers shall not use common ownership,
				common management, common control, or common familial relationship to enable
				any or all such employers to avoid compliance, or mask or otherwise conceal
				noncompliance, or a history of noncompliance, with commercial motor vehicle
				safety regulations issued under this subchapter, chapter 315, or an order of
				the Secretary issued under this subchapter, chapter 315, or such regulations.
				If the Secretary determines that actions described in the preceding sentence
				have occurred, the Secretary shall deny, suspend, amend, or revoke all or part
				of any such employer’s registration under section 13905, and shall take into
				account such noncompliance for purposes of determining civil penalty amount
				under section
				521(b)(2)(D).
						.
				8.Improved
			 oversight of motorcoach service providers
			(a)In
			 GeneralSection 31144 of title 49, United States Code, is amended
			 by adding at the end the following:

					(h)Periodic Safety
				Reviews of Providers of Motorcoach Services
						(1)Safety
				review
							(A)In
				generalThe Secretary shall determine the safety fitness of all
				providers of motorcoach services registered with the Federal Motor Carrier
				Safety Administration and assign a safety fitness rating to each such
				provider.
							(B)ApplicabilitySubparagraph
				(A) shall apply—
								(i)to
				any provider of motorcoach services registered with the Administration after
				the date of enactment of the Motorcoach Enhanced Safety Act of 2010, not later
				than 2 years after the date of registration; and
								(ii)to any provider
				of motorcoach services registered with the Administration on or before the date
				of enactment of that Act, not later than 3 years after the date of enactment of
				that Act.
								(2)Periodic
				reviewThe Secretary shall establish a process, by regulation,
				for monitoring the safety performance of each provider of motorcoach services
				on a regular basis following the assignment of a safety fitness rating,
				including progressive intervention to correct unsafe practices.
						(3)Enforcement
				strike forcesIn addition to the enhanced monitoring and
				enforcement actions required under paragraph (2), the Secretary may organize
				special enforcement strike forces targeting providers of motorcoach services,
				when and where the Secretary considers appropriate.
						(4)Periodic update
				of safety fitness ratingAs part of the safety review required by
				this subsection, the Secretary shall reassess such rating no less frequently
				than every 3 years.
						(5)Motorcoach
				services definedIn this subsection, the term provider of
				motorcoach services has the meaning provided such term in section 2 of
				the Motorcoach Enhanced Safety Act of
				2010.

			(b)Revision of
			 Safety Fitness Rating MethodologyNot later than one year after
			 the date of enactment of this Act, the Secretary shall revise the safety
			 fitness rating methodology of the Department of Transportation established
			 pursuant to section 31144 of title 49, United States Code, to meet the goals of
			 the safety recommendation H–99–6 of the National Transportation Safety Board
			 issued February 26, 1999.
			(c)High Risk
			 Carrier Compliance ReviewsThe second sentence of section 4138 of
			 Public law 109–59 (49 U.S.C. 31144 note) is amended by striking is rated
			 as category A or B for 2 consecutive months. and inserting meets
			 the Safety Measurement System criteria for being a high risk motor carrier for
			 2 consecutive months..
			9.Motorcoach driver
			 training
			(a)Establishment of
			 Training Curriculum
				(1)In
			 generalNot later than 6 months after the date of enactment of
			 this Act, the Secretary shall establish, by regulation, minimum curricular
			 requirements for entry-level drivers of motorcoaches and drivers upgrading from
			 one class of commercial driver’s license to another, to be adopted by public
			 and private schools and motor carriers and motorcoach operators that provide
			 training for such drivers.
				(2)Curricular
			 requirementsThe curricular requirements under paragraph (1)
			 shall include the following:
					(A)Classroom and
			 behind-the-wheel instruction that is adequate for training entry-level drivers
			 of motorcoaches and drivers upgrading from one class of commercial driver’s
			 license to another to safely operate motorcoaches and respond effectively to
			 emergency situations.
					(B)Instruction in
			 advanced knowledge and skills that are necessary to operate motorcoaches
			 safely, including knowledge and skills necessary—
						(i)to
			 suppress motorcoach fires; and
						(ii)to
			 evacuate passengers from motorcoaches safely.
						(b)Training
			 Required
				(1)In
			 generalThe Secretary shall require each motorcoach driver
			 seeking a commercial driver’s license passenger endorsement to undergo a
			 training program that includes the minimum curricular requirements established
			 under subsection (a) before taking a test for a commercial driver’s license
			 passenger endorsement.
				(2)Verification
			 requiredThe Secretary shall require that—
					(A)each trainer of a
			 driver seeking a commercial driver’s license passenger endorsement shall submit
			 to the appropriate State licensing authority information on any driver that has
			 successfully completed a motorcoach driver training course that includes the
			 curricular requirements established under subsection (a); and
					(B)the State
			 licensing authority may not administer the skills test for the passenger
			 endorsement nor issue a passenger endorsement to a driver unless the State
			 licensing authority verifies that the driver has successfully completed a
			 motorcoach driver training course as required by subparagraph (A).
					(c)Report on
			 Feasibility, Benefits, and Costs of Establishing a System of Certification of
			 Training ProgramsNot later than 2 years after the date of
			 enactment of this Act, the Secretary shall submit a report to the Senate
			 Committee on Commerce, Science, and Transportation and the House of
			 Representatives Committee on Energy and Commerce on the feasibility, benefits,
			 and costs of establishing a system of certification of public and private
			 schools and of motor carriers and motorcoach operators that provide motorcoach
			 driver training in accordance with the curricular requirements established by
			 the Secretary under subsection (a).
			(d)Nonpreemption of
			 State ProgramsThe minimum curricular requirements required by
			 this section do not preempt any State or local law or regulation imposing
			 additional or more stringent requirements unless the Secretary determines
			 that—
				(1)the law or
			 regulation is incompatible with the regulation prescribed by the Secretary;
			 or
				(2)enforcement of the
			 State law or the local law or regulation would impose an unreasonable burden on
			 interstate commerce.
				10.Improved testing
			 for the commercial driver’s license passenger endorsement
			(a)Increased
			 Stringency of Examination for Commercial Driver’s License Passenger-Carrying
			 Endorsement
				(1)Final
			 ruleNot later than 6 months after the date of enactment of this
			 Act, the Secretary shall issue a final rule in Docket No. FMCSA 2007–27659:
			 Commercial Driver’s License Testing and Commercial Learner’s Permit Standards
			 that improves the quality and stringency of the examination for the commercial
			 driver’s license passenger-carrying endorsement. The final rule shall
			 require—
					(A)a more stringent
			 knowledge test than the test in effect on the day before the date of enactment
			 of this Act; and
					(B)a more stringent
			 examination of the driving skills necessary to operate safely a for-hire
			 passenger-carrying commercial motor vehicle than the examination of such skills
			 in effect on the day before the date of enactment of this Act.
					(2)ConsultationThe
			 Secretary shall consult with the American Association of Motor Vehicle
			 Administrators in carrying out paragraph (1).
				(b)Report on
			 Driver’s License Requirements for 9- to 15-Passenger VansNot
			 later than 18 months after the date of enactment of this Act, the Secretary
			 shall submit a plan to the Senate Committee on Commerce, Science, and
			 Transportation and the House of Representatives Committee on Transportation and
			 Infrastructure for requiring that all or certain classes of drivers—
				(1)have a commercial
			 driver’s license passenger-carrying endorsement in order to operate a
			 commercial motor vehicle (as defined in section 31301(4) of title 49, United
			 States Code) and transport not less than 9 and not more than 15 passengers
			 (including a driver) in interstate commerce; and
				(2)be tested in
			 accordance with a drug and alcohol testing program consistent with part 40 of
			 title 49, Code of Federal Regulations.
				11.Improved
			 physical fitness oversight and commercial driver medical certificates
			(a)Medical Review
			 Board FunctionsSection 31149(a)(1) of title 49, United States
			 Code, is amended—
				(1)by inserting
			 (A) after recommendations on;
				(2)by striking
			 research. and inserting research and (B) advice and
			 recommendations concerning the criteria to be used for evaluating medical
			 examiners for admission to the national registry established under this
			 section..
				(b)Examination
			 Requirements for Listing in the National Registry of Medical
			 ExaminersSection 31149(c)(1)(D) of title 49, United States Code,
			 is amended to read as follows:

					(D)develop
				requirements applicable to a medical examiner seeking to be listed in the
				national registry, including—
						(i)specific courses
				and materials that must be completed to be listed in the national
				registry;
						(ii)a
				rigorous written examination for which a passing grade must be achieved to be
				listed in the national registry;
						(iii)certification
				(including self-certification), as appropriate, to verify that the medical
				examiner has completed training, including refresher courses, that the
				Secretary determines are necessary to be listed in the national registry;
				and
						(iv)demonstration of
				the willingness and ability of a medical examiner to comply with any reporting
				requirements established by the
				Secretary;
						.
			(c)Medical
			 Examination Form ComparisonsNot later than 18 months after the
			 date of enactment of this Act, the Secretary shall require by regulation that
			 each time a medical examiner performs a medical examination to certify an
			 applicant for a commercial driver’s license under section 391.43 of title 49,
			 Code of Federal Regulations, such medical examiner shall submit to the
			 appropriate State licensing agency the form for such examination required by
			 section 391.43(f) of such title (as in effect on the day before the date of
			 enactment of this Act).
			(d)State Plan
			 RequirementSection 31102(b) of title 49, United States Code, is
			 amended—
				(1)by striking
			 and after the semicolon in subparagraph (W);
				(2)by striking
			 stop. in subparagraph (X) and inserting stop;
			 and; and
				(3)by adding at the
			 end the following:

						(Y)requires State
				licensing authorities to compare the forms they receive pursuant to section
				11(c) of the Motorcoach Enhanced Safety Act of 2010 with the medical examiner’s
				certificate required by section 391.43(g) of title 49, Code of Federal
				Regulations (as in effect on the day before the date of enactment of that Act),
				to determine the accuracy and validity of the information contained in such
				forms and
				certificates.
						.
				(e)Additional
			 Oversight of Licensing Authorities
				(1)In
			 generalSection 31149(c)(1) of title 49, United States Code, is
			 amended—
					(A)by striking
			 basis; and in subparagraph (E) and inserting
			 basis;;
					(B)by striking
			 certification. in subparagraph (F) and inserting
			 certification; and; and
					(C)by adding at the
			 end the following:

							(G)each year, review
				the licensing authorities of 10 States to assess the accuracy, validity, and
				timeliness of physical examination reports and medical certificates submitted
				by certified medical examiners to such State licensing agencies and the
				processing of such submissions by the licensing
				authorities.
							.
					(2)Internal
			 oversight policy
					(A)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, the Secretary shall establish an oversight policy and process within the
			 Department of Transportation for purposes of carrying out the requirement of
			 subparagraph (G) of such section 31149(c)(1), as added by paragraph (1).
					(B)Effective
			 dateThe requirement of subparagraph (G) of section 31149(c)(1)
			 of title 49, United States Code, shall take effect on the date that the
			 oversight policies and processes are established pursuant to subparagraph
			 (A).
					(f)Deadline for
			 Establishment of National Registry of Medical ExaminersNot later
			 than 6 months after the date of enactment of this Act, the Secretary shall
			 establish a national registry of medical examiners as required by section
			 31149(d)(1) of title 49, United States Code.
			12.Safety and
			 enforcement technology for motorcoaches
			(a)Electronic
			 On-Board Recorders
				(1)In
			 general
					(A)Not later than 1
			 year after the date of enactment of this Act, the Secretary shall prescribe
			 regulations requiring that all motorcoaches used by a motor carrier in
			 interstate commerce be equipped with electronic on-board recorders.
					(B)The regulations
			 prescribed by the Secretary under this section shall include performance
			 requirements to ensure that electronic on-board recorders—
						(i)accurately record
			 commercial driver hours of service;
						(ii)allow tracking of
			 driver and vehicle location; and
						(iii)are tamper
			 resistant.
						(2)ApplicabilityThe
			 regulations prescribed under paragraph (1) shall apply to all such motorcoaches
			 beginning on the date that is 2 years after the date on which the regulation is
			 published as a final rule.
				(b)Event Data
			 Recorders
				(1)EvaluationNot
			 later than 1 year after the date of enactment of this Act, the Secretary shall
			 complete an evaluation of event data recorders, including requirements
			 regarding specific types of vehicle operations, events and incidents, and
			 systems information to be recorded, for event data recorders to be used on
			 motorcoaches used by motor carriers in interstate commerce. For this purpose,
			 the Secretary shall consider the performance requirements for event data
			 recorders for passenger vehicles under part 563 of title 49, Code of Federal
			 Regulations.
				(2)Standards and
			 regulationsWithin 2 years after completing the evaluation
			 required by paragraph (1), the Secretary shall issue standards and regulations
			 based on the results of that evaluation.
				13.Safety
			 inspection program for commercial motor vehicles of passengersNot later than 3 years after the date of
			 enactment of this Act, the Secretary shall complete a rulemaking proceeding to
			 consider requiring States to conduct annual inspections of commercial motor
			 vehicles designed or used to transport passengers, including—
			(1)an assessment of
			 the risks associated with improperly maintained or inspected commercial motor
			 vehicles designed or used to transport passengers;
			(2)an assessment of
			 the effectiveness of current Federal standards for the inspection of such
			 vehicles in mitigating the risks described in paragraph (1) and to ensure the
			 safe and proper operation condition of such vehicles; and
			(3)an assessment of
			 the costs and benefits of a mandatory State inspection program.
			14.Distracted
			 driving
			(a)In
			 GeneralSubchapter III of chapter 311 of title 49, United States
			 Code, is amended by adding at the end the following:

					31152. Regulation
				of the use of distracting devices in motorcoaches
						(a)In
				GeneralNo later than 1 year after the enactment of the
				Motorcoach Enhanced Safety Act of 2010, the Secretary of Transportation shall
				prescribe regulations on the use of electronic or wireless devices, including
				cell phones and other distracting devices, by an individual employed as the
				operator of a motorcoach (as defined in section 2(8) of that Act).
						(b)Basis for
				RegulationsThe Secretary shall base the regulations required by
				subsection (a) on accident data analysis, the results of ongoing research, and
				other information, as appropriate.
						(c)Prohibited
				UseThe Secretary shall prohibit the use of such devices in
				circumstances in which the Secretary determines that their use interferes with
				the driver’s safe operation of a motorcoach (as so defined).
						(d)Permitted
				UseUnder the regulations, the Secretary may permit the use of a
				device, the use of which is prohibited under subsection (c), if the Secretary
				determines that such use is necessary for the safety of the driver or the
				public in emergency
				circumstances.
						.
			(b)Conforming
			 AmendmentThe table of contents for chapter 311 of title 49,
			 United States Code, is amended by inserting after the item relating to section
			 31151 the following:

						31152. Regulation of the use of
				distracting devices in
				motorcoaches.

					.
			15.Motorcoach
			 rental or leasing companiesParagraph (3) of section 31132 of title 49,
			 United States Code, is amended to read as follows:

				(3)employer—
					(A)means a person
				engaged in a business affecting interstate commerce that—
						(i)owns or leases a
				commercial motor vehicle in connection with that business, or assigns and
				employee to operate it; or
						(ii)offers for rent
				or lease motor vehicles designed or used to transport more than 15 passengers,
				including the driver, and from the same location or as part of the same
				business provides names or contact information of drivers, arranges for a
				driver of the rented or leased passenger-carrying motor vehicle, or holds
				itself out to the public as a provider of transportation services; but
						(B)does not include
				an individual who is an employee of the United States Government, a State, or a
				political subdivision of a State acting in the course of that individual’s
				employment as such an
				employee.
					.
		16.Registration of
			 brokers for motor carriers of passengers
			(a)In
			 GeneralSection 13904(a) of title 49, United States Code, is
			 amended by inserting or passengers after transportation
			 of property.
			(b)Repeal of
			 ExemptionSection 13506(a) of title 49, United States Code, is
			 amended—
				(1)by inserting
			 or after the semicolon in paragraph (13);
				(2)by striking
			 paragraph (14); and
				(3)by redesignating
			 paragraph (15) as paragraph (14).
				17.RegulationsAny standard or regulation prescribed or
			 modified pursuant to this Act shall be prescribed or modified in accordance
			 with section 553 of title 5, United States Code.


114 HR 2108 IH: Privacy and Civil Liberties Oversight Enhancement Act
U.S. House of Representatives
2015-04-29
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
114th CONGRESS
1st Session
H. R. 2108
IN THE HOUSE OF REPRESENTATIVES

April 29, 2015
Mr. Himes introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To require reports submitted to Congress under the Foreign Intelligence Surveillance Act of 1978 to also be submitted to the Privacy and Civil Liberties Oversight Board.

1.Short titleThis Act may be cited as the Privacy and Civil Liberties Oversight Enhancement Act. 2.Submission of reports under the Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil Liberties Oversight Board (a)ReferencesExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b)Foreign Intelligence Surveillance Court rulesSection 103(g)(2) (50 U.S.C. 1803(g)(2)) is amended by adding at the end the following new subparagraph:  (H)The Privacy and Civil Liberties Oversight Board..
(c)Report of electronic surveillanceSection 107 (50 U.S.C. 1807) is amended in the matter preceding paragraph (1) by striking Administrative Office of the United States Court and to Congress and inserting Administrative Office of the United States Court, Congress, and the Privacy and Civil Liberties Oversight Board. (d)Oversight of electronic surveillanceSection 108 (50 U.S.C. 1808) is amended—
(1)in the heading, by striking Congressional; and (2)in subsection (a)(1), by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives, the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, and the Privacy and Civil Liberties Oversight Board.
(e)Oversight of physical searchesSection 306 (50 U.S.C. 1826) is amended— (1)in the heading, by striking Congressional; and
(2)in the matter preceding paragraph (1)— (A)in the first sentence, by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board; and
(B)in the second sentence, by striking those committees and the Committee on the Judiciary of the House of Representatives and inserting those committees and the Privacy and Civil Liberties Oversight Board. (f)Oversight of pen registers and trap and trace devicesSection 406 (50 U.S.C. 1846) is amended—
(1)in the heading, by striking Congressional; (2)in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board; and
(3)in subsection (b), by striking the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate and inserting the committees referred to in subsection (a) and the Privacy and Civil Liberties Oversight Board. (g)Oversight of production of certain business recordsSection 502 (50 U.S.C. 1862) is amended—
(1)in the heading, by striking Congressional; (2)in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board; and
(3)in subsection (b), by striking the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence and inserting the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board. (h)Semiannual report of the attorney generalSection 601 (50 U.S.C. 1871) is amended—
(1)in subsection (a), by striking and the Committees on the Judiciary of the House of Representatives and the Senate, and inserting the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board; (2)in subsection (c), by inserting and the Privacy and Civil Liberties Oversight Board after subsection (a); and
(3)in subsection (d), by inserting and the Privacy and Civil Liberties Oversight Board after subsection (a). (i)Procedures for targeting certain persons outside the United States other than United States personsSection 702(l) (50 U.S.C. 1881a(l)) is amended—
(1)in paragraph (1)— (A)in subparagraph (A), by striking ; and and inserting a semicolon;
(B)in subparagraph (B)(ii), by striking the period and inserting ; and; and (C)by adding at the end the following new subparagraph:

(C)the Privacy and Civil Liberties Oversight Board.; (2)in paragraph (2)(D)—
(A)in clause (ii), by striking ; and and inserting a semicolon; (B)in clause (iii)(II), by striking the period and inserting ; and; and
(C)by adding at the end the following new clause:  (iv)the Privacy and Civil Liberties Oversight Board.; and
(3)in paragraph (3)(C)— (A)in clause (iii), by striking ; and and inserting a semicolon;
(B)in clause (iv)(II), by striking the period and inserting ; and; and (C)by adding at the end the following new clause:

(v)the Privacy and Civil Liberties Oversight Board.. (j)Oversight of procedures for targeting certain persons outside the United States other than United States personsSection 707(a) (50 U.S.C. 1881f(a)) is amended—
(1)in the heading, by striking Congressional; and (2)by inserting and the Privacy and Civil Liberties Oversight Board before concerning the implementation of this title.


110 HRES 217 EH: Expressing the sense of the House of Representatives concerning the 50th anniversary of the flooding of Celilo Falls.
U.S. House of Representatives
2007-04-17
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. 217
In the House of Representatives, U. S.,

April 17, 2007

RESOLUTION
Expressing the sense of the House of Representatives concerning the 50th anniversary of the flooding of Celilo Falls.

Whereas Celilo Falls, located near The Dalles, Oregon, was a great fishing and trading location for Indian tribes and has been called the Wall Street of the West by historians;
Whereas artifacts suggest tribes as far as Alaska, the Great Plains and the Southwest United States came to trade and fish at Celilo for over 10,000 years;
Whereas the Umatilla, Nez Perce, Yakama and Warm Springs tribes reserved their fishing rights at their usual and accustomed places, including Celilo, when they signed treaties with the United States;
Whereas on March 10, 1957, to provide hydroelectricity and irrigation, The Dalles Dam was constructed;
Whereas the completion of the dam inundated Celilo in six hours, quickly changing the way of life for tribes that fished at Celilo; and
Whereas tribes still live and fish along the river, exercising their treaty rights agreed with the Congress of the United States: Now, therefore, be it

That the House of Representatives recognizes the 50th anniversary of the flooding of Celilo Falls and the change of life it imposed upon tribal peoples.

Lorraine C. Miller,Clerk.


115 HR 2098 IH: Second Amendment Defense Act of 2017
U.S. House of Representatives
2017-04-14
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.

I115th CONGRESS1st SessionH. R. 2098IN THE HOUSE OF REPRESENTATIVESApril 14, 2017Mr. Perry introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo eliminate the authority of the executive branch to further restrict the conduct of individuals
			 in relation to firearms or ammunition.

 1.Short titleThis Act may be cited as the Second Amendment Defense Act of 2017. 2.Elimination of executive authority to further restrict conduct of individuals in relation to firearms or ammunitionNo officer or employee of the Federal Government may take any action that would result in a limitation on the conduct of an individual in relation to a firearm or ammunition that is more restrictive than the limitations on the conduct that are in effect as of January 3, 2016.


114 HR 2361 IH: Work-Study for Student Veterans Act
U.S. House of Representatives
2015-05-15
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
		114th CONGRESS
		1st Session
		H. R. 2361
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2015
			Mr. Takano (for himself and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to extend the authority to provide work-study allowance for
			 certain activities by individuals receiving educational assistance by the
			 Secretary of Veterans Affairs.

 1.Short titleThis Act may be cited as the Work-Study for Student Veterans Act. 2.Work-study allowanceSection 3485(a)(4) of title 38, United States Code, is amended by striking June 30, 2013 each place it appears and inserting June 30, 2020.


115 HR 1175 IH: Health Savings Act of 2017
U.S. House of Representatives
2017-02-16
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.

I115th CONGRESS1st SessionH. R. 1175IN THE HOUSE OF REPRESENTATIVESFebruary 16, 2017Mr. Paulsen (for himself, Mr. Kelly of Pennsylvania, and Ms. Jenkins of Kansas) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Internal Revenue Code of 1986 to improve access to health care through expanded health
			 savings accounts, and for other purposes.

		1.Short title, etc
 (a)Short titleThis Act may be cited as the Health Savings Act of 2017. (b)Amendment of 1986 CodeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
 (c)Table of contentsThe table of contents is as follows:  Sec. 1. Short title, etc. TITLE I—Renaming high deductible health plans Sec. 101. High deductible health plans renamed HSA-qualified health plans. TITLE II—Enhancing access to tax-preferred health accounts Sec. 201. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 202. Provisions relating to Medicare. Sec. 203. Individuals eligible for Indian Health Service assistance. Sec. 204. Members of health care sharing ministries eligible to establish health savings accounts. Sec. 205. Treatment of direct primary care service arrangements. Sec. 206. Individuals eligible for on-site medical clinic coverage. Sec. 207. Treatment of embedded deductibles. TITLE III—Improving coverage under tax-preferred health accounts Sec. 301. Allowance of distributions for prescription and over-the-counter medicines and drugs. Sec. 302. Purchase of health insurance from HSA account. Sec. 303. Special rule for certain medical expenses incurred before establishment of account. Sec. 304. Preventive care prescription drug clarification. TITLE IV—Miscellaneous provisions relating to tax-preferred health accounts Sec. 401. FSA and HRA interaction with HSAs. Sec. 402. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 403. Administrative error correction before due date of return. Sec. 404. Reauthorization of Medicaid health opportunity accounts. Sec. 405. Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation. TITLE V—Other provisions Sec. 501. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 502. Certain nutritional and dietary supplements to be treated as medical care. Sec. 503. Certain provider fees to be treated as medical care. IRenaming high deductible health plans 101.High deductible health plans renamed HSA-qualified health plans (a)In generalSection 223 is amended by striking high deductible health plan each place it appears and inserting HSA-qualified health plan.
				(b)Conforming amendments
 (1)The heading for paragraph (2) of section 223(c) is amended by striking High deductible health plan and inserting HSA-qualified health plan. (2)Section 408(d)(9) is amended—
 (A)by striking high deductible health plan each place it appears in subparagraph (C) and inserting HSA-qualified health plan, and (B)by striking High deductible health plan in the heading of subparagraph (D) and inserting HSA-qualified health plan.
						IIEnhancing access to tax-preferred health accounts
			201.Allow both spouses to make catch-up contributions to the same HSA account
 (a)In generalParagraph (5) of section 223(b) is amended to read as follows:  (5)Special rule for married individuals with family coverage (A)In generalIn the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under an HSA-qualified health plan as of the first day of any month—
 (i)the limitation under paragraph (1) shall be applied by not taking into account any other HSA-qualified health plan coverage of either spouse (and if such spouses both have family coverage under separate HSA-qualified health plans, only one such coverage shall be taken into account),
 (ii)such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and
 (iii)such limitation (after application of clauses (i) and (ii)) shall be divided equally between such spouses unless they agree on a different division.
 (B)Treatment of additional contribution amountsIf both spouses referred to in subparagraph (A) have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph (3) for both spouses. In any other case, any additional contribution amount determined under paragraph (3) shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				202.Provisions relating to Medicare
 (a)Individuals over age 65 only enrolled in Medicare Part AParagraph (7) of section 223(b) is amended by adding at the end the following: This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a) of such Act..
				(b)Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to
			 their MSA
 (1)In generalSubsection (b) of section 138 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
 (2)Conforming amendmentParagraph (4) of section 138(c) is amended by striking and paragraph (2). (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				203.Individuals eligible for Indian Health Service assistance
 (a)In generalParagraph (1) of section 223(c) is amended by adding at the end the following new subparagraph:  (D)Special rule for individuals eligible for assistance under Indian Health Service programsFor purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				204.Members of health care sharing ministries eligible to establish health savings accounts
 (a)In generalSection 223 is amended by adding at the end the following new subsection:  (i)Application to health care sharing ministriesFor purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under an HSA-qualified health plan..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				205.Treatment of direct primary care service arrangements
 (a)In generalSection 223(c) is amended by adding at the end the following new paragraph:  (6)Treatment of direct primary care service arrangementsAn arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services—
 (A)shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B)shall not be treated as insurance for purposes of subsection (d)(2)(B)..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				206.Individuals eligible for on-site medical clinic coverage
 (a)In generalParagraph (1) of section 223(c), as amended by sections 203, is amended by adding at the end the following new subparagraph:

						(E)Special rule for individuals eligible for on-site medical clinic coverage
 (i)In generalFor purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive health care benefits from an onsite-medical clinic of employer of the individual or the individual's spouse if such health care benefits are not significant benefits.
 (ii)Included benefitsFor purposes of clause (i), the following health care benefits shall be considered to be benefits which are not significant benefits:
 (I)Physicals and immunizations. (II)Injecting antigens provided by employees.
 (III)Medications available without a prescription, such as pain relievers and antihistamines. (IV)Treatment for injuries occurring at the employer's place of employment or otherwise in the course of employment.
 (V)Tests for infectious diseases and conditions, such as streptococcal sore throat. (VI)Monitoring of chronic conditions, such as diabetes.
 (VII)Drug testing. (VIII)Hearing or vision screenings and related services.
 (IX)Other services and treatments of a similar nature to the services described in subclauses (I) through (VIII).
 (iii)Aggregation rulesFor purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				207.Treatment of embedded deductibles
 (a)In generalParagraph (2) of section 223(c) is amended by adding at the end the following new subparagraph:  (E)Treatment of embedded deductibleA health plan providing family coverage that has an annual deductible for all covered individuals under the plan of at least the amount described in subparagraph (A)(i)(II) shall not fail to be treated as an HSA-qualified health plan solely because it covers expenses with respect to an individual under that plan that exceed an embedded deductible which is equal to or in excess of the amount described in subparagraph (A)(i)(I)..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				IIIImproving coverage under tax-preferred health accounts
			301.Allowance of distributions for prescription and over-the-counter medicines and drugs
 (a)HSAsSection 223(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug.. (b)Archer MSAsSection 220(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug..
 (c)Health flexible spending arrangements and health reimbursement arrangementsSubsection (f) of section 106 is amended to read as follows:  (f)Reimbursements for all medicines and drugsFor purposes of this section and section 105, reimbursement for expenses incurred for any prescription or over-the-counter medicine or drug shall be treated as a reimbursement for medical expenses..
				(d)Effective dates
 (1)Distributions from savings accountsThe amendments made by subsections (a) and (b) shall apply to amounts paid in taxable years beginning after December 31, 2017.
 (2)ReimbursementsThe amendment made by subsection (c) shall apply to expenses incurred in plan years beginning after December 31, 2017.
					302.Purchase of health insurance from HSA account
 (a)In generalParagraph (2) of section 223(d), as amended by section 301, is amended— (1)by striking and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual in subparagraph (A) and inserting any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, and any child (as defined in section 152(f)(1)) of such individual who has not attained the age of 27 before the end of such individual's taxable year,
 (2)by striking subparagraph (B) and inserting the following:  (B)Health insurance may not be purchased from accountExcept as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance., and
 (3)by striking or at the end of subparagraph (C)(iii) and by striking subparagraph (C)(iv) and inserting the following:

 (iv)an HSA-qualified health plan, or (v)any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act)..
 (b)Effective dateThe amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date.
				303.Special rule for certain medical expenses incurred before establishment of account
 (a)In generalParagraph (2) of section 223(d) is amended by adding at the end the following new subparagraph:  (D)Treatment of certain medical expenses incurred before establishment of accountIf a health savings account is established during the 60-day period beginning on the date that coverage of the account beneficiary under an HSA-qualified health plan begins, then, solely for purposes of determining whether an amount paid is used for a qualified medical expense, such account shall be treated as having been established on the date that such coverage begins..
 (b)Effective dateThe amendment made by this section shall apply with respect to coverage beginning after the date of the enactment of this Act.
				304.Preventive care prescription drug clarification
 (a)Clarify use of drugs in preventive careSubparagraph (C) of section 223(c)(2) is amended by adding at the end the following: Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2017. IVMiscellaneous provisions relating to tax-preferred health accounts 401.FSA and HRA interaction with HSAs (a)Eligible individuals include FSA and HRA participantsSubparagraph (B) of section 223(c)(1) is amended—
 (1)by striking and at the end of clause (ii), (2)by striking the period at the end of clause (iii) and inserting , and, and
 (3)by inserting after clause (iii) the following new clause:  (iv)coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if, after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the arrangement is converted solely to one or more of the following:
 (I)Post-deductible FSA or HRAA health flexible spending arrangement or a health reimbursement arrangement that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied.
 (II)Preventative careA health flexible spending arrangement or a health reimbursement arrangement that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C).
 (III)Limited purpose health FSAA health flexible spending arrangement that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services).
 (IV)Limited purpose HRAA health reimbursement arrangement that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services).
 (V)Retirement HRAA health reimbursement arrangement that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement).
 (VI)Suspended HRAA health reimbursement arrangement that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in an HSA-qualified health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as described in the preceding subclauses of this clause..
 (b)Qualified HSA distribution shall not affect flexible spending arrangementParagraph (1) of section 106(e) is amended to read as follows:  (1)In generalA plan shall not fail to be treated as—
 (A)a health flexible spending arrangement under this section, section 105, or section 125, (B)a health reimbursement arrangement under this section or section 105, or
 (C)an accident or health plan, merely because such plan provides for a qualified HSA distribution.. (c)FSA balances at year end shall not forfeitParagraph (2) of section 125(d) is amended by adding at the end the following new subparagraph:

 (E)Exception for qualified HSA distributionsSubparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2))..
 (d)Simplification of limitations on FSA and HRA rolloversParagraph (2) of section 106(e) is amended to read as follows:  (2)Qualified HSA distribution (A)In generalThe term qualified HSA distribution means a distribution from a health flexible spending arrangement or health reimbursement arrangement directly to a health savings account of the employee to the extent that such distribution does not exceed the lesser of—
 (i)the balance in such arrangement as of the date of such distribution, or (ii)the amount determined under subparagraph (B).
								Such term shall not include more than 1 distribution with respect to any arrangement.(B)Dollar limitations
 (i)Distributions from a health flexible spending arrangementA qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount.
 (ii)Distributions from a health reimbursement arrangementA qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I)the applicable amount divided by 12, multiplied by
 (II)the number of months during which the individual is a participant in the health reimbursement arrangement.
 (iii)Applicable amountFor purposes of this subparagraph, the applicable amount is— (I)$2,250 in the case of an eligible individual who has self-only coverage under an HSA-qualified health plan at the time of such distribution, and
 (II)$4,500 in the case of an eligible individual who has family coverage under an HSA-qualified health plan at the time of such distribution..
 (e)Elimination of additional tax for failure To maintain HSA-Qualified health plan coverageSubsection (e) of section 106 is amended— (1)by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and
 (2)by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively.
 (f)Limited purpose FSAs and HRAsSubsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph:

 (5)Limited purpose FSAs and HRAsA plan shall not fail to be a health flexible spending arrangement, a health reimbursement arrangement, or an accident or health plan under this section or section 105 merely because the plan converts coverage for individuals who enroll in an HSA-qualified health plan described in section 223(c)(2) to coverage described in subclause (I), (II), (III), (IV), (V), or (VI) of section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the HSA-qualified health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in an HSA-qualified health plan..
 (g)Distribution amounts adjusted for cost-of-LivingSubsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph:

						(6)Cost-of-living adjustment
 (A)In generalIn the case of any taxable year beginning in a calendar year after 2017, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2016 for calendar year 1992 in subparagraph (B) thereof.
 (B)RoundingIf any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50..
 (h)Disclaimer of disqualifying coverageSubparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1)by striking and at the end of clause (iii),
 (2)by striking the period at the end of clause (iv) and inserting , and, and (3)by inserting after clause (iv) the following new clause:

 (v)any coverage (including prospective coverage) under a health plan that is not an HSA-qualified health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer..
 (i)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				402.Equivalent bankruptcy protections for health savings accounts as retirement funds
 (a)In generalSection 522 of title 11, United States Code, is amended by adding at the end the following new subsection:

 (r)Treatment of health savings accountsFor purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code..
 (b)Effective dateThe amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act.
				403.Administrative error correction before due date of return
 (a)In generalParagraph (4) of section 223(f) is amended by adding at the end the following new subparagraph:  (D)Exception for administrative errors corrected before due date of returnSubparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical, or payroll contribution error and if—
 (i)such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and
 (ii)such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received.. (b)Effective dateThe amendment made by this section shall take effect on the date of the enactment of this Act.
				404.Reauthorization of Medicaid health opportunity accounts
 (a)In generalSection 1938 of the Social Security Act (42 U.S.C. 1396u–8) is amended— (1)in subsection (a)—
 (A)by striking paragraph (2) and inserting the following:  (2)Initial demonstrationThe Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering one or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State.; and
 (B)in paragraph (3), in the matter preceding subparagraph (A)— (i)by striking not; and
 (ii)by striking unless and inserting if ; (2)in subsection (b)—
 (A)in paragraph (3), by inserting clause (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148), (x), or (xi) of after described in ; and
 (B)by striking paragraphs (4), (5), and (6); (3)in subsection (c)—
 (A)by striking paragraphs (3) and (4); (B)by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and
 (C)in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) and inserting Subject to subparagraph (D); and (4)in subsection (d)—
 (A)in paragraph (2), by striking subparagraph (E); and (B)in paragraph (3)—
 (i)in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in and inserting In; and (ii)by striking subparagraph (B) and inserting the following:

 (B)Maintenance of health opportunity account after becoming ineligible for public benefitNotwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets—
 (i)no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii)the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4)..
 (b)Conforming amendmentSection 613 of Public Law 111–3 is repealed. 405.Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation (a)Self-Only coverageSection 223(b)(2)(A) is amended by striking $2,250 and inserting the amount in effect under subsection (c)(2)(A)(ii)(I).
 (b)Family CoverageSection 223(b)(2)(B) is amended by striking $4,500 and inserting the amount in effect under subsection (c)(2)(A)(ii)(II). (c)Conforming AmendmentsSection 223(g)(1) is amended—
 (1)by striking subsections (b)(2) and both places it appears and inserting subsection, and (2)by striking determined by in subparagraph (B) thereof and all that follows through calendar year 2003.' and inserting determined by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof ..
 (d)Effective DateThe amendments made by this section shall apply to taxable years beginning after December 31, 2017. VOther provisions 501.Certain exercise equipment and physical fitness programs treated as medical care (a)In generalSubsection (d) of section 213 is amended by adding at the end the following new paragraph:

						(12)Exercise equipment and physical fitness activity
 (A)In generalThe term medical care shall include amounts paid— (i)for equipment for use in a program (including a self-directed program) of physical exercise or physical activity,
 (ii)to participate, or receive instruction, in a program of physical exercise, nutrition, or health coaching (including a self-directed program), and
 (iii)for membership at a fitness facility. (B)Overall dollar limitation (i)In generalAmounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year.
 (ii)ExceptionClause (i) shall not apply for purposes of determining whether expenses reimbursed through a health flexible spending arrangement subject to section 125(i)(1) are incurred for medical care.
 (C)Limitations related to sports and fitness equipmentAmounts paid for equipment described in subparagraph (A)(i) shall be treated as medical care only— (i)if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs,
 (ii)if such equipment is not apparel or footwear, and (iii)in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250.
 (D)Fitness facility definedFor purposes of subparagraph (A)(iii), the term fitness facility means a facility— (i)providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government,
 (ii)which is not a private club owned and operated by its members, (iii)which does not offer golf, hunting, sailing, or riding facilities,
 (iv)whose health or fitness facility is not incidental to its overall function and purpose, and (v)which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws..
				(b)Limitation not To apply for certain purposes
 (1)Health savings accountsSubparagraph (A) of section 223(d)(2) is amended by inserting , determined without regard to paragraph (12)(B) thereof after medical care (as defined in section 213(d). (2)Archer MSAsSubparagraph (A) of section 220(d)(2) is amended by inserting , determined without regard to paragraph (12)(B) thereof after medical care (as defined in section 213(d).
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				502.Certain nutritional and dietary supplements to be treated as medical care
 (a)In generalSubsection (d) of section 213, as amended by section 501, is amended by adding at the end the following new paragraph:

						(13)Nutritional and dietary supplements
 (A)In generalThe term medical care shall include amounts paid to purchase herbs, vitamins, minerals, homeopathic remedies, meal replacement products, and other dietary and nutritional supplements.
 (B)LimitationAmounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year.
 (C)Meal replacement productFor purposes of this paragraph, the term meal replacement product means any product that— (i)is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and
 (ii)is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals.
 (D)ExceptionSubparagraph (B) shall not apply for purposes of determining whether expenses reimbursed through a health flexible spending arrangement subject to section 125(i)(1) are incurred for medical care..
				(b)Limitation not To apply for certain purposes
 (1)Health savings accountsSubparagraph (A) of section 223(d)(2), as amended by section 501, is amended by striking paragraph (12)(B) and inserting paragraphs (12)(B) and (13)(B). (2)Archer MSAsSubparagraph (A) of section 220(d)(2), as amended by section 501, is amended by striking paragraph (12)(B) and inserting paragraphs (12)(B) and (13)(B).
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				503.Certain provider fees to be treated as medical care
 (a)In generalSubsection (d) of section 213, as amended by sections 501 and 502, is amended by adding at the end the following new paragraph:

 (14)Periodic provider feesThe term medical care shall include— (A)periodic fees paid to a primary care physician for a defined set of medical services or the right to receive medical services on an as-needed basis, and
 (B)pre-paid primary care services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness..
 (b)Exception for flexible spending accountsSection 125 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection:

 (k)Special rule with respect to health flexible spending arrangementsFor purposes of applying this with respect to any health flexible spending arrangement, amounts described in section 213(d)(14) shall not be considered insurance..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.