113 SRES 212 ATS: Commending David J. Schiappa.
U.S. Senate
2013-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 212
		IN THE SENATE OF THE UNITED STATES

			August 1, 2013
			Mr. McConnell (for
			 himself, Mr. Reid,
			 Mr. Alexander, Ms. Ayotte, Ms.
			 Baldwin, Mr. Barrasso,
			 Mr. Baucus, Mr.
			 Begich, Mr. Bennet,
			 Mr. Blumenthal, Mr. Blunt, Mr.
			 Boozman, Mrs. Boxer,
			 Mr. Brown, Mr.
			 Burr, Ms. Cantwell,
			 Mr. Cardin, Mr.
			 Carper, Mr. Casey,
			 Mr. Chambliss, Mr. Chiesa, Mr.
			 Coats, Mr. Coburn,
			 Mr. Cochran, Ms. Collins, Mr.
			 Coons, Mr. Corker,
			 Mr. Cornyn, Mr.
			 Crapo, Mr. Cruz,
			 Mr. Donnelly, Mr. Durbin, Mr.
			 Enzi, Mrs. Feinstein,
			 Mrs. Fischer, Mr. Flake, Mr.
			 Franken, Mrs. Gillibrand,
			 Mr. Graham, Mr.
			 Grassley, Mrs. Hagan,
			 Mr. Harkin, Mr.
			 Hatch, Mr. Heinrich,
			 Ms. Heitkamp, Mr. Heller, Ms.
			 Hirono, Mr. Hoeven,
			 Mr. Inhofe, Mr.
			 Isakson, Mr. Johanns,
			 Mr. Johnson of Wisconsin,
			 Mr. Johnson of South Dakota,
			 Mr. Kaine, Mr.
			 King, Mr. Kirk,
			 Ms. Klobuchar, Ms. Landrieu, Mr.
			 Leahy, Mr. Lee,
			 Mr. Levin, Mr.
			 Manchin, Mr. Markey,
			 Mr. McCain, Mrs. McCaskill, Mr.
			 Menendez, Mr. Merkley,
			 Ms. Mikulski, Mr. Moran, Ms.
			 Murkowski, Mr. Murphy,
			 Mrs. Murray, Mr. Nelson, Mr.
			 Paul, Mr. Portman,
			 Mr. Pryor, Mr.
			 Reed, Mr. Risch,
			 Mr. Roberts, Mr. Rockefeller, Mr.
			 Rubio, Mr. Sanders,
			 Mr. Schatz, Mr.
			 Schumer, Mr. Scott,
			 Mr. Sessions, Mrs. Shaheen, Mr.
			 Shelby, Ms. Stabenow,
			 Mr. Tester, Mr.
			 Thune, Mr. Toomey,
			 Mr. Udall of Colorado,
			 Mr. Udall of New Mexico,
			 Mr. Vitter, Mr.
			 Warner, Ms. Warren,
			 Mr. Whitehouse, Mr. Wicker, and Mr.
			 Wyden) submitted the following resolution; which was considered and
			 agreed to

		RESOLUTION
		Commending David J.
		  Schiappa.

		Whereas, David Schiappa has loyally served the Senate for
			 29 years, his entire professional career, starting in the Senate in December
			 1984;
		Whereas, David Schiappa grew up in Maryland and graduated
			 from DeMatha Catholic High School, the University of Maryland, and Johns
			 Hopkins University;
		Whereas, David Schiappa rose through all the positions in
			 the Republican Cloakroom finally serving as either Secretary for the Majority
			 or Secretary for the Minority for the last three Republican Leaders;
		Whereas, David Schiappa has at all times discharged the
			 duties of his office with great dedication, diligence, and sense of service,
			 thus earning the respect of Republican and Democratic Senators alike, as well
			 as their staffs; and
		Whereas, his good humor, storytelling ability, and
			 easy-going manner have made him an invaluable member of the Senate family: Now,
			 therefore, be it

		That the Senate expresses its
			 appreciation to David Schiappa and his family and commends him for his
			 outstanding and faithful service to the Senate. The Secretary of the Senate
			 shall transmit a copy of this resolution to David J. Schiappa.


		I
		111th CONGRESS
		1st Session
		H. R. 592
		IN THE HOUSE OF REPRESENTATIVES

			January 15, 2009
			Ms. Schwartz (for
			 herself and Mr. Becerra) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to
		  encourage the use of certified health information technology by providers in
		  the Medicaid Program and the Children’s Health Insurance Program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 E-Centives Act of 2009.
		2.Increased Matching
			 Payments under Medicaid for Health Information TechnologySection 1903 of the Social Security Act (42
			 U.S.C. 1396b) is amended—
			(1)in subsection
			 (a)(3)(E), by inserting (other than costs attributable to programs
			 described in subsection (bb)) after costs incurred during such
			 quarter; and
			(2)by adding at the
			 end the following new subsections:

					(aa)Enhanced
				Payments for Certified Health Information Technology Incentives
						(1)In
				generalThe Secretary shall
				provide for payments to each State that provides incentive payments to
				physicians, hospitals, community health centers, rural health clinics, and
				community mental health centers that exhibit meaningful use of health
				information technology certified under this subsection, as determined by the
				measures for meaningful use of health information technology under
				paragraph (5). No payment may be made to a
				State for incentive payments made by a State for meaningful use of health
				information technology that occurs before January 1, 2010.
						(2)ApplicationTo qualify for payments under
				paragraph (1), a State shall submit an
				application in a time and manner specified by the Secretary and containing the
				following:
							(A)A description of the incentive
				payments.
							(B)A description of the method the State will
				use to allocate such incentive payments among physicians, hospitals, community
				health centers, rural health clinics, and community mental health centers,
				including how the State will prioritize payments to providers serving a high
				percentage of Medicaid, SCHIP, and uninsured patients.
							(C)A time line for implementing such payment
				incentives.
							(D)A plan for disseminating information to
				physicians, hospitals, community health centers, rural health clinics, and
				community mental health centers about the availability of such payment
				incentives.
							(E)An assessment of the current level of use
				of health information technology by physicians, hospitals, community health
				centers, rural health clinics, and community mental health centers in the
				State, using a standard assessment form developed by the Secretary.
							(F)Any other
				information required by the Secretary.
							(3)Amount of
				payments to States
							(A)In
				generalSubject to subparagraph (B), the payment made to a State
				under this subsection for a quarter, with respect to sums expended by such
				State during such quarter that are attributable to providing incentive payments
				under paragraph (1), shall be in an amount equal to the following:
								(i)For any quarter in 2010, the enhanced FMAP
				(as defined in section 2105(b)) of such sums.
								(ii)For any quarter
				in 2011 or 2012, such sums multiplied by a percentage equal to such enhanced
				FMAP minus 1.5 percentage points.
								(iii)For any quarter
				in 2013 or 2014, such sums multiplied by a percentage equal to such enhanced
				FMAP minus 3 percentage points.
								(iv)For any quarter
				beginning after 2014, 0.
								(B)Limitation
								(i)Fiscal year
				limitationThe total amount of payments made under this
				subsection shall not exceed $500,000,000 for any fiscal year.
								(ii)AllocationIf the amounts otherwise payable under this
				subsection for a fiscal year exceed the amount specified in
				clause (i), the Secretary shall
				reduce the amounts payable under this subsection, in a manner specified by the
				Secretary, to comply with the limitation under such clause.
								(iii)Duplicative
				Payments ProhibitedNo payment shall be made under any other
				provision of this title for expenditures for which payment is made under this
				subsection.
								(C)Manner of
				paymentPayment to a State under this subsection shall be made in
				the same manner as payments under subsection (a).
							(4)Certification
				requirements for health information technology
							(A)In
				generalThe Secretary, in consultation with the Office of the
				National Coordinator for Health Information Technology and the Certification
				Commission of Health Information Technology, shall determine the requirements
				for certification of health information technology under this
				subsection.
							(B)Interim
				certification requirementsDuring any period in which the
				Secretary has not determined such certification requirements, the Secretary,
				for purposes of this subsection, shall use the certification requirements for
				health information technology established by the Certification Commission for
				Health Information Technology.
							(5)Measures for
				meaningful use of health information technology
							(A)In
				generalFor purposes of this subsection, the Secretary shall
				publish standard measures of meaningful use of health information technology to
				be used by providers to demonstrate meaningful use of certified health
				information technology. Such measures may include—
								(i)self-certification
				of operational use of such technology;
								(ii)the submission of
				(or ability to submit), in a form and manner specified by the Secretary, such
				information on clinical measures and data (that do not include individually
				identifiable health information) from such technology as indicates a meaningful
				utilization of such technology; and
								(iii)such other means
				as the Secretary may specify.
								(B)Alternative
				measuresThe Secretary may establish and apply different measures
				based on the stage of implementation or adoption of the certified health
				information technology involved.
							(bb)Payments for
				electronic information and eligibility systems and patient registries
						(1)In
				generalIn addition to the
				payments provided under subsection (a), the Secretary shall provide for
				payments to each State that establishes a program to—
							(A)design, develop,
				install, maintain, and operate—
								(i)electronic
				information and eligibility systems; and
								(ii)patient
				registries for the purpose of disease screening;
								(B)coordinate benefits and services under this
				title and under title XVIII for individuals under the State plan who are
				full-benefit dual eligible individuals.
							(C)train providers in
				the use of such systems and registries.
							(2)ApplicationTo qualify for payments under
				paragraph (1), a State shall submit an
				application in such time and manner as required by the Secretary and containing
				such information as the Secretary specifies and include, at a minimum, a
				description of the electronic information and eligibility systems and patient
				registries covered by the program described in
				paragraph (1).
						(3)Amount of
				payments to States
							(A)In
				generalThe payments made a State under this subsection shall be
				an amount equal to—
								(i)90 percent of so much of the sums expended
				by such State during any quarter commencing on or after January 1, 2010, as are
				attributable to—
									(I)the design,
				development, or installation of electronic information and eligibility systems
				and patient registries under
				paragraph (1); and
									(II)training staff
				employed by providers on the use of such system or registry during the
				three-year period beginning on the date such system or registry is installed;
				and
									(ii)75 percent of so much of the sums expended
				by such State during any quarter commencing on or after January 1, 2010, as are
				attributable to—
									(I)the maintenance of
				such systems and registries; and
									(II)training for
				staff employed by providers on the use of a system or registry that occurs
				after the last day of the end of the period described in
				clause (i)(II).
									(B)Manner of
				paymentPayment to a State under this subsection shall be made in
				the same manner as payments under subsection (a).
							(4)Electronic
				information and eligibility system definedFor purposes of this subsection, the term
				electronic information and eligibility system means a system for
				determining eligibility and exchanging information that meets such requirements
				as the Secretary shall specify. Such requirements for a system shall include a
				requirement that the system—
							(A)be interconnected
				and interoperable with other electronic systems and registries,
				including—
								(i)systems
				administered by the Centers for Disease Control for disease reporting purposes;
								(ii)systems that
				exist for the purpose of determining eligibility for the Medicare program under
				title XVIII; and
								(iii)systems that
				exist for the purpose of determining eligibility for the Temporary Assistance
				for Needy Families program under title IV, free and reduced price lunches under
				the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or
				other federally funded programs targeted to low-income populations; and
								(B)can be used to
				automatically send, receive, and integrate data (including laboratory results
				and medical histories) from systems and registries administered by other
				providers or organizations or through a health information exchange.
							.
			3.Medicaid
			 transformation payments report
			(a)In
			 generalNot later than June
			 30, 2009, the Secretary of Health and Human Services shall submit to Congress a
			 report on Medicaid transformation payments under section 1903(z) of the Social
			 Security Act (42 U.S.C. 1396b(z)).
			(b)ContentsThe
			 report under
			 subsection (a) shall include—
				(1)a
			 description—
					(A)of the financial costs and benefits of the
			 Medicaid transformation payments;
					(B)of the entities to
			 which such costs and benefits accrue; and
					(C)of any reduction
			 in duplicative or unnecessary care resulting from methods adopted by States and
			 funded by such payments; and
					(2)an analysis of the information contained in
			 the reports submitted to the Secretary by States under section 1903(z)(3)(C) of
			 the Social Security Act during the two-year period ending on December 31, 2008,
			 including—
					(A)the impact of the
			 methods funded by the payments on—
						(i)health care
			 quality and safety; and
						(ii)the privacy and
			 security of identifiable health information;
						(B)the effect of such
			 methods on furthering interconnectedness between—
						(i)providers and
			 State Medicaid programs; and
						(ii)State Medicaid programs and other programs
			 for low-income populations administered by State and Federal entities;
						(C)the extent to
			 which such methods reduce the administrative burden on such programs;
			 and
					(D)the contribution of
			 the payments to the goals of public health and public health reporting.


113 HR 1982 IH: Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2013
U.S. House of Representatives
2013-05-15
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
		113th CONGRESS
		1st Session
		H. R. 1982
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2013
			Mr. Reichert (for
			 himself and Mr. Thompson of
			 California) introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend section 1862 of the Social Security Act with
		  respect to the application of Medicare secondary payer rules to workers’
		  compensation settlement agreements and Medicare set-asides under such
		  agreements.

		1.Short titleThis Act may be cited as the
			 Medicare Secondary Payer and Workers’
			 Compensation Settlement Agreements Act of 2013.
		2.Application of
			 Medicare secondary payer rules to certain workers’ compensation settlement
			 agreements and qualified Medicare set-aside provisions
			(a)Threshold for
			 secondary payer provisions for certain workers' compensation settlement
			 agreementsSection 1862 of
			 the Social Security Act (42 U.S.C. 1395y) is amended—
				(1)in subsection (b)(2)(A)(ii), by inserting
			 subject to subsection (p), after (ii);
			 and
				(2)by adding at the
			 end the following new subsection:

						(p)Threshold for
				secondary payer provisions for certain workers' compensation settlement
				agreements
							(1)In
				generalA workers’
				compensation law or plan shall not be treated as a primary plan for purposes of
				subsection (b) with respect to a workers’ compensation settlement agreement if
				the agreement (or claimant under the agreement) meets any of the following
				requirements:
								(A)Total settlement
				amount not exceeding $25,000Such agreement has a total settlement
				amount (as determined under paragraph (2)) that does not exceed $25,000 or such
				greater amount as the Secretary may specify in regulations.
								(B)Likely
				ineligibility of workers' compensation claimant for medicare
				benefitsThe claimant subject to such agreement—
									(i)is
				not eligible for benefits under this title as of the effective date of the
				agreement; and
									(ii)is unlikely to become so eligible, as
				determined under paragraph (3), within 30 months after such effective
				date.
									(C)No future
				workers’ compensation medical expensesThe claimant subject to
				such agreement is not eligible for payment of medical expenses incurred after
				the effective date of the agreement from the workers’ compensation law or plan
				of the jurisdiction in which such agreement will be effective.
								(D)No limitation on
				future workers’ compensation medical expensesSuch agreement does
				not limit or extinguish the right of the claimant to payment of medical
				expenses incurred after the effective date of such agreement by the workers’
				compensation law or plan of the jurisdiction in which the agreement will be
				effective.
								(2)Determination of
				total settlement amount of workers’ compensation settlement
				agreementFor purposes of
				paragraph (1)(A) and subsection (q) and with respect to a work-related injury
				or illness that is the subject of a workers’ compensation settlement agreement,
				the total settlement amount of the agreement is the sum of monetary wage
				replacement benefits, attorney fees, all future medical expenses, repayment of
				Medicare conditional payments, payout totals for annuities to fund the expenses
				listed above, and any previously settled portion of the workers’ compensation
				claim.
							(3)Determination of
				likely ineligibility of claimant for medicare benefitsFor purposes of paragraph (1)(B)(ii), a
				workers’ compensation claimant shall be deemed unlikely to become eligible for
				benefits under this title within 30 months after the effective date of the
				agreement unless, as of the effective date of the agreement, such claimant is
				insured for disability insurance benefits under section 223(c)(1) and is
				described in any of the following subparagraphs:
								(A)Awarded
				disability benefitsThe
				individual has been awarded such disability insurance benefits.
								(B)Applied for
				disabilityThe individual has
				applied for such disability insurance benefits.
								(C)Anticipates
				appealThe individual has
				been denied such disability insurance benefits but anticipates appealing that
				decision.
								(D)Appealing or
				refilingThe individual is in
				the process of appealing or refiling for such disability insurance
				benefits.
								(E)Minimum
				ageThe individual is at
				least 62 years and 6 months of age.
								(F)End-stage renal
				diseaseThe individual is
				medically determined to have end-stage renal disease but does not yet qualify
				for health benefits under section 226A based on such disease.
								(4)DefinitionsFor purposes of this subsection and
				subsection (q):
								(A)Compromise
				agreementThe term
				compromise agreement means a workers’ compensation settlement
				agreement that—
									(i)applies to a workers’ compensation claim
				that is denied or contested, in whole or in part, by a workers’ compensation
				payer involved under the workers’ compensation law or plan applicable to the
				jurisdiction in which the agreement has been settled; and
									(ii)does not provide
				for a payment of the full amount of benefits sought or that may be payable
				under the workers’ compensation claim.
									(B)Commutation
				agreementThe term
				commutation agreement means a workers’ compensation settlement
				agreement to settle all or a portion of a workers’ compensation claim, in
				which—
									(i)liability for past
				and future benefits is not disputed; and
									(ii)the parties to
				the agreement agree to include payment for future workers’ compensation
				benefits payable after the date on which the agreement becomes
				effective.
									(C)Workers’
				compensation claimantThe
				term workers’ compensation claimant means a worker who—
									(i)is or may be covered under a workers’
				compensation law or plan; and
									(ii)submits a claim
				or accepts benefits under such law or plan for a work-related injury or
				illness.
									(D)Workers'
				compensation law or plan
									(i)In
				generalThe term
				workers’ compensation law or plan means a law or program
				administered by a State or the United States to provide compensation to workers
				for a work-related injury or illness (or for disability or death caused by such
				an injury or illness), including the Longshore and Harbor Workers’ Compensation
				Act (33 U.S.C. 901–944, 948–950), chapter 81 of title 5, United States Code
				(known as the Federal Employees Compensation Act), the Black Lung Benefits Act
				(30 U.S.C. 931 et seq.), and part C of title 4 of the Federal Coal Mine and
				Safety Act (30 U.S.C. 901 et seq.), but not including the Act of April 22, 1908
				(45 U.S.C. 51 et seq.) (popularly referred to as the Federal Employer’s
				Liability Act).
									(ii)Inclusion of
				similar compensation planSuch term includes a similar compensation
				plan established by an employer that is funded by such employer or the
				insurance carrier of such employer to provide compensation to a worker of such
				employer for a work-related injury or illness.
									(E)Workers’
				compensation payerThe term
				workers’ compensation payer means, with respect to a workers’
				compensation law or plan, a workers’ compensation insurer, self-insurer,
				employer, individual, or any other entity that is or may be liable for the
				payment of benefits to a workers' compensation claimant pursuant to the
				workers' compensation law or plan.
								(F)Workers’
				compensation settlement agreementThe term workers’ compensation
				settlement agreement means an agreement, which includes a commutation
				agreement or compromise agreement, or any combination of both, between a
				claimant and one or more workers’ compensation payers which—
									(i)forecloses the possibility of future
				payment of some or all workers’ compensation benefits involved; and
									(ii)(I)compensates the claimant for a work-related
				injury or illness as provided for by a workers’ compensation law or plan;
				or
										(II)eliminates cause for litigation involving
				issues in dispute between the claimant and
				payer.
										.
				(b)Satisfaction of
			 secondary payer requirements through use of qualified medicare set-Asides under
			 workers’ compensation settlement agreementsSection 1862 of the Social Security Act (42
			 U.S.C. 1395y), as amended by subsection (a), is further amended by adding at
			 the end the following new subsection:

					(q)Treatment of
				qualified Medicare set-Asides under workers' compensation settlement
				agreements
						(1)Satisfaction of
				secondary payer requirements through use of qualified Medicare
				set-asides
							(A)Full
				satisfaction of claim obligations
								(i)In
				generalIf a workers’
				compensation settlement agreement, related to a claim of a workers’
				compensation claimant, includes a qualified Medicare set-aside (as defined in
				paragraph (2)), such set-aside shall satisfy any obligation with respect to the
				present or future payment reimbursement under subsection (b)(2) with respect to
				such claim. The Secretary shall have no further recourse, directly or
				indirectly, under this title with respect to such agreement.
								(ii)Rule of
				constructionNothing in this
				section shall be construed as requiring the submission of a Medicare set-aside
				to the Secretary.
								(B)Medicare
				set-aside and Medicare set-aside amount definedFor purposes of this subsection:
								(i)Medicare
				set-asideThe term
				Medicare set-aside means, with respect to a workers’ compensation
				settlement agreement, a provision in the agreement that provides for a payment
				of a lump sum, annuity, a combination of a lump sum and an annuity, or other
				amount that is in full satisfaction of the obligation described in subparagraph
				(A) for items and services that the workers’ compensation claimant under the
				agreement received or is likely to receive under the applicable workers’
				compensation law and for which payment would be made under this title, but for
				subsection (b)(2)(A).
								(ii)Medicare
				set-aside amountThe term
				Medicare set-aside amount means, with respect to a Medicare
				set-aside, the actual dollar amount provided for in clause (i).
								(2)Qualified
				Medicare set-aside
							(A)Requirements of
				qualified Medicare set-asideFor purposes of this subsection, the term
				qualified Medicare set-aside is a Medicare set-aside in which the
				Medicare set-aside amount reasonably takes into account the full payment
				obligation described in paragraph (1)(A), while meeting the requirements of
				subparagraphs (B) and (C) and giving due consideration to the following:
								(i)The illness or injury giving rise to the
				workers’ compensation claim involved.
								(ii)The age and life
				expectancy of the claimant involved.
								(iii)The
				reasonableness of and necessity for future medical expenses for treatment of
				the illness or injury involved.
								(iv)The duration of
				and limitation on benefits payable under the workers’ compensation law or plan
				involved.
								(v)The regulations
				and case law relevant to the State workers’ compensation law or plan
				involved.
								(B)Items and
				services includedA qualified
				Medicare set-aside—
								(i)shall include payment for items and
				services that are covered and otherwise payable under this title as of the
				effective date of the workers’ compensation settlement agreement and that are
				covered by the workers’ compensation law or plan; and
								(ii)is not required
				to provide for payment for items and services that are not described in clause
				(i).
								(C)Payment
				requirements
								(i)Required use of
				workers’ compensation fee schedule
									(I)In
				generalExcept in the case of
				an optional direct payment of a Medicare set-aside made under paragraph (5)(A),
				the set-aside amount shall be based upon the payment amount for items and
				services under the workers’ compensation fee schedule (effective as of the date
				of the agreement) applicable to the workers’ compensation law or plan
				involved.
									(II)Workers’
				compensation fee schedule definedFor purposes of this subsection, the term
				workers’ compensation fee schedule means, with respect to a
				workers’ compensation law or plan of a State or a similar plan applicable in a
				State, the schedule of payment amounts the State has established to pay
				providers for items and services furnished to workers who incur a work-related
				injury or illness as defined under such law or plan (or in the absence of such
				a schedule, the applicable medical reimbursement rate under such law or
				plan).
									(ii)Optional
				proportional adjustment for compromise settlement agreements
									(I)In
				generalIn the case of a
				compromise settlement agreement, a claimant or workers’ compensation payer who
				is party to the agreement may elect to calculate the Medicare set-aside amount
				of the agreement by applying a percentage reduction to the Medicare set-aside
				amount for the total settlement amount that could have been payable under the
				applicable workers’ compensation law or similar plan involved had the denied or
				contested portion of the claim not been subject to a compromise agreement. The
				percentage reduction shall be equal to the denied or contested percentage of
				such total settlement. Such election may be made by a party to the agreement
				only with the written consent of the other party to the agreement.
									(II)ApplicationIf the claimant or workers’ compensation
				payer elects to calculate the Medicare set-aside amount under this clause, the
				Medicare set-aside shall be deemed a qualified Medicare set-aside.
									(D)Certain Medicare
				set-asides with safe harbor amount deemed qualified Medicare
				set-asides
								(i)In
				generalFor purposes of this
				section and subject to clause (iv), a Medicare set-aside of a workers’
				compensation settlement agreement shall be deemed a qualified Medicare
				set-aside if the Medicare set-aside amount involved is the safe harbor amount
				for the agreement and the agreement does not exceed $250,000.
								(ii)Written
				consentA safe harbor amount,
				with respect to a workers’ compensation agreement, shall be treated as the
				Medicare set-aside amount for such agreement for purposes of clause (i) only
				upon written consent of all parties to the agreement.
								(iii)Safe harbor
				amount definedFor purposes
				of this subsection, the term safe harbor amount means, with
				respect to a workers’ compensation settlement agreement, 15 percent of the
				total settlement amount of the agreement (as determined under subsection
				(p)(2)), excluding repayment of conditional payments and previously settled
				portions of the claim involved. In applying the previous sentence for purposes
				of determining the safe harbor amount, with respect to a workers’ compensation
				agreement, if the agreement includes an annuity, the cost (but not the payout
				of the annuity) shall be included in determining the total settlement amount of
				the agreement.
								(iv)Mandatory
				direct payment of safe harbor amountA Medicare set-aside of a worker’s
				compensation settlement agreement described in this paragraph may not be
				treated as a qualified set-aside under clause (i) unless an election is made
				under paragraph (5)(A) to transfer to the Secretary a direct payment of such
				set-aside.
								(E)Secretarial
				authority with respect to deemed qualified Medicare set-asides with safe harbor
				amount
								(i)DeterminationIf the Secretary determines, based on the
				data described in clause (ii), that the provisions of subparagraph (D) have
				caused a significant negative financial impact (as specified by the Chief
				Actuary of the Centers for Medicare & Medicaid Services) on the Federal
				Hospital Insurance Trust Fund under section 1817 or the Federal Supplementary
				Medical Insurance Trust Fund under section 1841, then the Secretary shall adopt
				rules to reduce such impact by modifying the amount of the percent described in
				subparagraph (D)(iii).
								(ii)Required
				dataThe determination under
				clause (i) shall be based on data on—
									(I)the projected effect of the provisions
				described in such paragraph on the Federal Hospital Insurance Trust Fund under
				section 1817 or the Federal Supplementary Medical Insurance Trust Fund under
				section 1841 during the three-year period beginning on the date of the
				enactment of this subsection; as compared to
									(II)data on the effect on such trust funds of
				the provisions of subsection (b), as in effect during the three-year period
				prior to such date of enactment.
									(3)Process for
				approval of qualified medicare set-asides
							(A)Optional prior
				approval by SecretaryA party
				to a workers’ compensation settlement agreement that includes a Medicare
				set-aside may submit to the Secretary the Medicare set-aside amount for
				approval of the set-aside as a qualified Medicare set-aside. The set-aside
				shall be submitted in accordance with a procedure specified by the
				Secretary.
							(B)Notice of
				determination of approval or disapprovalNot later than 60 days after the date on
				which the Secretary receives a submission under subparagraph (A), the Secretary
				shall notify in writing the parties to the workers’ compensation settlement
				agreement of the determination of approval or disapproval. If the determination
				disapproves such submission the Secretary shall include with such notification
				the specific reasons for the disapproval. A determination that disapproves a
				submission is not valid if the determination does not include a specific
				explanation of each deficiency of the submission.
							(4)Appeals
							(A)In
				generalA party to a workers’
				compensation settlement agreement that is dissatisfied with a determination
				under paragraph (3)(B), upon filing a request for reconsideration with the
				Secretary not later than 60 days after the date of notice of such
				determination, shall be entitled to—
								(i)reconsideration of the determination by the
				Secretary (with respect to such determination);
								(ii)a
				hearing before an administrative judge thereon after such reconsideration;
				and
								(iii)judicial review
				of the Secretary’s final determination after such hearing.
								(B)Deadlines for
				decisions
								(i)Reconsiderations
									(I)In
				generalThe Secretary shall
				conduct and conclude a reconsideration of a determination under subparagraph
				(A)(i) and mail the notice of the decision of such reconsideration to the party
				involved by not later than the last day of the 30-day period beginning on the
				date that a request for such reconsideration has been timely filed.
									(II)Appeals of
				reconsiderationsIf a party
				to the workers’ compensation settlement involved is dissatisfied with the
				Secretary’s decision under subclause (I) that party may file an appeal within
				the 30-day period after the date of receipt of the notice of the decision under
				such subclause and request a hearing before an administrative law judge.
									(III)Failure by
				secretary to provide noticeIn the case of a failure by the Secretary
				to mail the notice of the decision under subclause (I) by the last day of the
				period described in such subclause, the Secretary shall be deemed to have
				approved the submission as submitted under paragraph (3)(A).
									(ii)Hearings
									(I)In
				generalAn administrative law
				judge shall conduct and conclude a hearing on a decision of the Secretary under
				clause (i) and render a decision on such hearing by not later than the last day
				of the 90-day period beginning on the date that a request for such hearing has
				been timely filed.
									(II)Judicial
				reviewA decision under
				subclause (I) by an administrative law judge constitutes a final agency action
				and is subject to judicial review.
									(III)Failure by
				administrative law judge to render timely decisionIn
				the case of a failure by an administrative law judge to render a decision under
				subclause (I) by the last day of the period described in such subclause, the
				party requesting the hearing may seek judicial review of the decision under
				clause (i), notwithstanding any requirements for a hearing for purposes of the
				party’s right to such judicial review.
									(5)Administration
				of medicare set-aside provisions; protection from certain liability
							(A)Optional direct
				payment of medicare set-aside amount
								(i)Election for
				direct payment of medicare set-asideWith respect to a claim for which a
				workers’ compensation settlement agreement is established, a claimant or
				workers’ compensation payer who is party to the agreement may elect, but is not
				required, to transfer to the Secretary a direct payment of the qualified
				Medicare set-aside. With respect to a qualified Medicare set-aside paid
				directly to the Secretary, the parties involved may calculate the Medicare
				set-aside amount of such set-aside using any of the following methods:
									(I)In the case of any Medicare set-aside of a
				compromise settlement agreement under paragraph (2)(C)(ii), the amount
				calculated in accordance with such paragraph.
									(II)In the case of
				any Medicare set-aside, the amount based upon the payment amount for items and
				services under the workers’ compensation fee schedule (effective as of the date
				of the agreement) applicable to the workers’ compensation law or plan involved,
				in accordance with paragraph (2)(C)(i)(I).
									(III)In the case of
				any Medicare set-aside, the payment amount applicable to the items and services
				under this title as in effect on the effective date of the agreement.
									Such transfer
				shall be in accordance with a procedure established by the Secretary and shall
				be made only upon written consent of the other party to the agreement.(ii)Election
				satisfying liabilityAn
				election made under clause (i), with respect to a qualified Medicare set-aside
				shall satisfy any payment, in relation to the underlying claim of the related
				workers’ compensation settlement agreement, required under subsection (b)(2) to
				be made by the claimant or payer to the Secretary. The Secretary shall have no
				further recourse, directly or indirectly, under this title with respect to such
				agreement.
								(B)Protection from
				certain liability
								(i)Liability for
				medicare set-aside payment greater than payment under workers’ compensation
				lawNo workers’ compensation
				claimant, workers’ compensation payer, employer, administrator of the Medicare
				set-aside, legal representative of the claimant, payer, employer, or
				administrator, or any other party related to the claimant, payer, employer, or
				administrator shall be liable for any payment amount established under a
				Medicare set-aside for an item or service provided to the claimant that is
				greater than the payment amount for the item or service established under the
				workers’ compensation fee schedule (or in the absence of such schedule, the
				medical reimbursement rate) under the compensation law or plan of the
				jurisdiction where the agreement will be effective.
								(ii)Liability for
				provider charges greater than payment under workers’ compensation
				agreementWith respect to a
				workers’ compensation settlement agreement, a provider may not bill (or collect
				any amount from) the workers’ compensation claimant, workers’ compensation
				payer, employer, administrator of the Medicare set-aside, legal representative
				of the claimant, payer, employer, or administrator, or any other party related
				to the claimant, payer, employer, or administrator an amount for items and
				services provided to the claimant that is greater than the payment rate for
				such items and services established under the Medicare set-aside of the
				agreement. No person is liable for payment of any amounts billed for an item or
				service in violation of the previous sentence. If a provider willfully bills
				(or collects an amount) for such an item or service in violation of such
				sentence, the Secretary may apply sanctions against the provider in accordance
				with section 1842(j)(2) in the same manner as such section applies with respect
				to a physician. Paragraph (4) of section 1842(j) shall apply under this clause
				in the same manner as such paragraph applies under such section.
								(6)Treatment of
				State workers’ compensation lawFor purposes of this subsection and
				subsection (p), if a workers’ compensation settlement agreement is accepted,
				reviewed, approved, or otherwise finalized in accordance with the workers’
				compensation law of the jurisdiction in which such agreement will be effective,
				such acceptance, review, approval, or other finalization shall be deemed
				conclusive as to any and all matters within the jurisdiction of the workers’
				compensation law, including the determination of reasonableness of the
				settlement value; any allocations of settlement funds; the projection of future
				indemnity or medical benefits that may be payable under the State workers’
				compensation law; and, in the case of a compromise agreement, the total amount
				that could have been payable for a claim which is the subject of such agreement
				in accordance with paragraph (2)(C)(ii). A determination made by applicable
				authority for a jurisdiction that a workers’ compensation settlement agreement
				is in accordance with the workers’ compensation law of the jurisdiction shall
				not be subject to review by the
				Secretary.
						.
			(c)Conforming
			 amendmentsSubsection (b) of
			 such section is further amended—
				(1)in paragraph (2)(B)(ii), by striking
			 A primary plan and inserting Subject to subsections (p)
			 and (q), a primary plan;
				(2)in paragraph (2)(B)(iii)—
					(A)in the first sentence, by striking
			 In order to recover payment and inserting Subject to
			 subsection (q), in order to recover payment; and
					(B)in the third sentence, by striking
			 In addition and inserting Subject to subsection (q), in
			 addition; and
					(3)in paragraph (3)(A), by striking
			 There is established a private cause of action and inserting
			 Subject to subsection (q), there is established a private cause of
			 action.
				(d)Modernizing
			 terminology for purposes of medicare secondary payer provisionsSubsection (b)(2)(A) of such section is
			 amended by striking workmen’s compensation law or plan and
			 inserting workers’ compensation law or plan each place it
			 appears.
			3.Limitation on
			 liabilityThe parties to a
			 workers’ compensation settlement agreement which met the provisions of section
			 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) on the effective date
			 of settlement shall be accepted as meeting the requirements of such section
			 notwithstanding changes in law, regulations, or administrative interpretation
			 of such provisions after the effective date of such settlement. Nothing in
			 section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) shall authorize
			 the Secretary of Health and Human Services to impose liability that is
			 additional to the liability in effect on the date of the enactment of this Act
			 with respect to a workers’ compensation settlement agreement the effective date
			 of which is before such date of enactment, except in the case of fraud.
		4.Effective
			 dateThe amendments made by
			 this Act shall apply to a workers’ compensation settlement agreement with an
			 effective date on or after the date of the enactment of this Act.


113 S2665 RS: Emergency Information Improvement Act of 2014
U.S. Senate
2014-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 553113th CONGRESS2d SessionS. 2665[Report No. 113–250]IN THE SENATE OF THE UNITED STATESJuly 24, 2014Mr. Begich introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsSeptember 8, 2014Reported by Mr. Carper, without amendmentA BILLTo amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide eligibility
			 for broadcasting facilities to receive certain disaster assistance, and
			 for other purposes.1.Short titleThis Act may be cited as the
			 Emergency Information Improvement Act of 2014.2.Eligibility of broadcasting facilities for certain disaster assistance(a)Private
			 nonprofit facility definedSection 102(11)(B) of the Robert T.
			 Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
			 5122(11)(B))
			 is amended by inserting broadcasting facilities, after
			 workshops,.(b)Critical
			 services definedSection
			 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency
			 Assistance
			 Act (42 U.S.C. 5172(a)(3)(B)) is amended by striking
			 communications, and inserting communications (including
			 broadcast and telecommunications),.September 8, 2014Reported without amendment


IV
108th CONGRESS
2d Session
H. RES. 639
IN THE HOUSE OF REPRESENTATIVES

May 12, 2004
Ms. McCollum submitted the following resolution; which was referred to the Committee on Armed Services, and in addition to the Committee on International Relations, 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

RESOLUTION
Condemning the abuse of Iraqi prisoners at Abu Ghraib prison, urging a full and complete investigation to ensure justice is served, and expressing support for all Americans serving nobly in Iraq.

Whereas the United States was founded on the principles of representative government, the rule of law, and the unalienable rights of individuals;
Whereas those principles are the birthright of all individuals and the fulfillment of those principals in Iraq would benefit the people of Iraq, the people of the Middle East, and the people of the United States;
Whereas the vast majority of Americans in Iraq are serving courageously and with great honor to promote a free and stable Iraq and through such service are promoting the values and principles that the people of the United States hold dear;
Whereas Americans serving abroad throughout the history of the United States, both military and civilian, have established a reputation for setting the highest standards of personal, professional, and moral conduct;
Whereas in January 2004, a member of the United States Armed Forces reported alleged abuses perpetrated in Abu Ghraib prison during November and December 2003;
Whereas an inquiry into those alleged abuses was ordered in January 2004, and that inquiry is reported to have found numerous incidents of criminal abuses by a small number of Americans based in Iraq;
Whereas the reaction to the alleged abuses is having a negative impact on the United States efforts to stabilize and reconstruct Iraq and to promote democratic values in the Middle East and could affect the security of the United States Armed Forces serving abroad;
Whereas Congress was not informed about the extent of the alleged abuses until reports about the abuses became public through the media;
Whereas success in the national security policy of the United States demands regular communication between the President, the agencies and departments of the executive branch, Congress, and the people of the United States;
Whereas, in an interview on May 5, 2004, the President stated First, people in Iraq must understand that I view those practices as abhorrent. They must also understand that what took place in that prison does not represent America that I know. The America I know is a compassionate country that believes in freedom. The America I know cares about every individual. The America I know has sent troops into Iraq to promote freedom—good, honorable citizens that are helping the Iraqis every day.;
Whereas in that interview the President further stated It’s also important for the people of Iraq to know that in a democracy, everything is not perfect, that mistakes are made. But in a democracy, as well, those mistakes will be investigated and people will be brought to justice. We’re an open society. We’re a society that is willing to investigate, fully investigate in this case, what took place in that prison. That stands in stark contrast to life under Saddam Hussein. His trained torturers were never brought to justice under his regime. There were no investigations about mistreatment of people. There will be investigations. People will be brought to justice.; and
Whereas the pursuit of truth and justice are core principles of the United States, and if the Government of the United States conducts a full investigation of the alleged abuses and holds accountable the individuals who are responsible for such abuses, the people of Iraq and of the Middle East will witness how a democracy upholds the rule of law and protects the rights of individuals by administering justice in a swift, transparent, and fair manner: Now, therefore, be it

That
the House of Representatives—
(1)commends all Americans serving nobly abroad who are advancing the ideals of freedom and democracy, and working, through the individual and collective actions of such individuals, to improve the lives of all the people of Iraq;
(2)condemns in the strongest possible terms the despicable acts at Abu Ghraib prison and joins with the President in expressing apology for the humiliation suffered by the prisoners in Iraq and their families;
(3)urges the Government of the United States to take appropriate measures to ensure that such acts do not occur in the future;
(4)believes that it is in the interests of the United States and of the people of the United States that the appropriate committees of the House of Representatives, exercising the oversight responsibilities of such committees, and the President, through the appropriate departments or agencies of the executive branch, conduct a full investigation of the abuses alleged to have occurred at Abu Ghraib; and
(5)urges that all individuals responsible for such despicable acts be held accountable.


		I
		111th CONGRESS
		2d Session
		H. R. 4521
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2010
			Mr. Markey of
			 Massachusetts (for himself and Mr. Van
			 Hollen) introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To direct the Secretary of the Interior to agree to
		  requests by lessees to amend certain oil and gas leases issued for Central and
		  Western Gulf of Mexico tracts, to incorporate price thresholds applicable to
		  royalty suspension provisions, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Royalty Relief for American Consumers
			 Act of 2010.
		2.Price thresholds
			 for royalty suspension provisionsThe Secretary of the Interior shall agree to
			 a request by any lessee to amend any lease issued for any Central and Western
			 Gulf of Mexico tract during the period of January 1, 1998, through December 31,
			 1999, to incorporate price thresholds applicable to royalty suspension
			 provisions, that are equal to or less than the price thresholds described in
			 clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf
			 Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or
			 revised price thresholds effective October 1, 2010. Existing lease provisions
			 shall prevail through September 30, 2010.
		3.Eligibility for
			 new leases and the transfer of leases; conservation of resources fees
			(a)Issuance of New
			 Leases
				(1)In
			 generalThe Secretary shall not issue any new lease that
			 authorizes the production of oil or natural gas in the Gulf of Mexico under the
			 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person
			 described in paragraph (2) unless—
					(A)the person has
			 renegotiated each covered lease with respect to which the person is a lessee,
			 to modify the payment responsibilities of the person to include price
			 thresholds that are equal to or less than the price thresholds described in
			 clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf
			 Lands Act (43 U.S.C. 1337(a)(3)(C)); or
					(B)the person
			 has—
						(i)paid
			 all fees established by the Secretary under subsection (b) that are due with
			 respect to each covered lease for which the person is a lessee; or
						(ii)entered into an
			 agreement with the Secretary under which the person is obligated to pay such
			 fees.
						(2)Persons
			 describedA person referred to in paragraph (1) is a person
			 that—
					(A)is a lessee
			 that—
						(i)holds a covered
			 lease on the date on which the Secretary considers the issuance of the new
			 lease; or
						(ii)was
			 issued a covered lease before the date of enactment of this Act, but
			 transferred the covered lease to another person or entity (including a
			 subsidiary or affiliate of the lessee) after the date of enactment of this Act;
			 or
						(B)any other person
			 or entity who has any direct or indirect interest in, or who derives any
			 benefit from, a covered lease.
					(3)Multiple
			 lessees
					(A)In
			 generalFor purposes of paragraph (1), if there are multiple
			 lessees that own a share of a covered lease, the Secretary may implement
			 separate agreements with any lessee with a share of the covered lease that
			 modifies the payment responsibilities with respect to the share of the lessee
			 to include price thresholds that are equal to or less than the price thresholds
			 described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
			 Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
					(B)Treatment of
			 share as covered leaseBeginning on the effective date of an
			 agreement under subparagraph (A), any share subject to the agreement shall not
			 constitute a covered lease with respect to any lessees that entered into the
			 agreement.
					(b)Conservation of
			 Resources Fees
				(1)In
			 generalNot later than 60 days after the date of enactment of
			 this Act, the Secretary of the Interior by regulation shall establish—
					(A)a conservation of
			 resources fee for producing Federal oil and gas leases in the Gulf of Mexico;
			 and
					(B)a conservation of
			 resources fee for nonproducing Federal oil and gas leases in the Gulf of
			 Mexico.
					(2)Producing lease
			 fee termsThe fee under paragraph (1)(A)—
					(A)subject to
			 subparagraph (C), shall apply to covered leases that are producing
			 leases;
					(B)shall be set at $9
			 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005
			 dollars; and
					(C)shall apply only
			 to production of oil or gas occurring—
						(i)in
			 any calendar year in which the arithmetic average of the daily closing prices
			 for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds
			 $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars;
			 and
						(ii)on
			 or after October 1, 2010.
						(3)Nonproducing
			 lease fee termsThe fee under paragraph (1)(B)—
					(A)subject to
			 subparagraph (C), shall apply to leases that are nonproducing leases;
					(B)shall be set at
			 $3.75 per acre per year in 2005 dollars; and
					(C)shall apply on and
			 after October 1, 2010.
					(4)Treatment of
			 receiptsAmounts received by the United States as fees under this
			 subsection shall be treated as offsetting receipts.
				(c)TransfersA
			 lessee or any other person who has any direct or indirect interest in, or who
			 derives a benefit from, a lease shall not be eligible to obtain by sale or
			 other transfer (including through a swap, spinoff, servicing, or other
			 agreement) any covered lease, the economic benefit of any covered lease, or any
			 other lease for the production of oil or natural gas in the Gulf of Mexico
			 under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
			 unless—
				(1)the lessee or
			 other person has—
					(A)renegotiated all
			 covered leases of the lessee or other person; and
					(B)entered into an
			 agreement with the Secretary to modify the terms of all covered leases of the
			 lessee or other person to include limitations on royalty relief based on market
			 prices that are equal to or less than the price thresholds described in clauses
			 (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands
			 Act (43 U.S.C. 1337(a)(3)(C)); or
					(2)the lessee or
			 other person has—
					(A)paid all fees
			 established by the Secretary under subsection (b) that are due with respect to
			 each covered lease for which the person is a lessee; or
					(B)entered into an
			 agreement with the Secretary under which the person is obligated to pay such
			 fees.
					(d)DefinitionsIn
			 this section—
				(1)Covered
			 leaseThe term covered lease means a lease for oil
			 or gas production in the Gulf of Mexico that is—
					(A)in existence on
			 the date of enactment of this Act;
					(B)issued by the
			 Department of the Interior under section 304 of the Outer Continental Shelf
			 Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104–58);
			 and
					(C)not subject to
			 limitations on royalty relief based on market price that are equal to or less
			 than the price thresholds described in clauses (v) through (vii) of section
			 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
			 1337(a)(3)(C)).
					(2)LesseeThe
			 term lessee includes any person or other entity that controls, is
			 controlled by, or is in or under common control with, a lessee.
				(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.


115 HR 6806 IH: To amend the Violent Crime Control and Law Enforcement Act of 1994 to increase the minimum amount made available to territories under the Sexual Assault Services Program, and for other purposes.
U.S. House of Representatives
2018-09-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6806IN THE HOUSE OF REPRESENTATIVESSeptember 13, 2018Ms. Bordallo (for herself and Mr. Sablan) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Violent Crime Control and Law Enforcement Act of 1994 to increase the minimum amount
			 made available to territories under the Sexual Assault Services Program,
			 and for other purposes.

 1.Allocation to territories under the sexual assault services programSection 41601(b)(4) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12511(b)(4)) is amended by striking 0.25 percent and inserting 0.5 percent.


		IIB
		112th CONGRESS
		1st Session
		H. R. 3659
		IN THE SENATE OF THE UNITED
		  STATES

			December 15, 2011
			Received; read twice and referred to the
			 Committee on
			 Finance

		AN ACT
		To reauthorize the program of block grants
		  to States for temporary assistance for needy families through fiscal year 2012,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Welfare Integrity and Data Improvement
			 Act.
		2.Table of
			 contentsThe table of contents
			 of this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Sec. 3. Extension of program.
				Sec. 4. Data standardization.
				Sec. 5. Spending policies for assistance under State TANF
				programs.
				Sec. 6. Technical corrections.

		3.Extension of
			 program
			(a)Family
			 assistance grantsSection
			 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1) is
			 amended—
				(1)in subparagraph
			 (A), by striking  each of fiscal years 1996 and all that follows
			 through 2003 and inserting fiscal year
			 2012;
				(2)in subparagraph
			 (B)—
					(A)by inserting
			 (as in effect just before the enactment of the Welfare Integrity and
			 Data Improvement Act) after this paragraph the 1st place
			 it appears; and
					(B)by inserting (as so in
			 effect) after this paragraph the 2nd place it appears;
			 and
					(3)in subparagraph (C), by striking
			 2003 and inserting 2012.
				(b)Healthy marriage
			 promotion and responsible fatherhood grantsSection 403(a)(2)(D)
			 of such Act (42
			 U.S.C. 603(a)(2)(D)) is amended by striking 2011
			 and inserting 2012.
			(c)Maintenance of
			 effort requirementSection
			 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is
			 amended—
				(1)in subparagraph
			 (A), by striking fiscal year and all that follows through
			 2013 and inserting a fiscal year; and
				(2)in subparagraph
			 (B)(ii)—
					(A)by striking
			 for fiscal years 1997 through 2012,; and
					(B)by striking
			 407(a) for the fiscal year, and inserting 407(a),
			 .
					(d)Tribal
			 grantsSection 412(a) of such Act (42 U.S.C. 612(a)) is amended in each
			 of paragraphs (1)(A) and (2)(A) by striking each of fiscal years
			 1997 and all that follows through 2003 and inserting
			 fiscal year 2012.
			(e)Studies and
			 demonstrationsSection 413(h)(1) of such Act (42 U.S.C. 613(h)(1))
			 is amended by striking each of fiscal years 1997 through 2002
			 and inserting fiscal year 2012.
			(f)Census bureau
			 studySection 414(b) of such Act (42 U.S.C. 614(b)) is amended by
			 striking each of fiscal years 1996 and all that follows through
			 2003 and inserting fiscal year 2012.
			(g)Child care
			 entitlementSection 418(a)(3) of such Act (42 U.S.C. 618(a)(3))
			 is amended by striking appropriated and all that follows and
			 inserting appropriated $2,917,000,000 for fiscal year
			 2012..
			(h)Grants to
			 territoriesSection 1108(b)(2) of such Act (42 U.S.C.
			 1308(b)(2)) is amended by striking for fiscal years 1997
			 through 2003 and inserting fiscal year 2012.
			(i)Prevention of
			 duplicate appropriations for fiscal year 2012Expenditures made pursuant to the
			 Short-Term TANF Extension Act (Public Law 112–35) for fiscal year
			 2012 shall be charged to the applicable appropriation or authorization provided
			 by the amendments made by this section for such fiscal year.
			(j)Effective
			 dateThis section and the amendments made by this section shall
			 take effect on the date of the enactment of this Act.
			4.Data
			 standardization
			(a)In
			 generalSection 411 of the Social Security Act (42 U.S.C. 611) is
			 amended by adding at the end the following:

					(d)Data
				standardization
						(1)Standard data
				elements
							(A)DesignationThe Secretary, in consultation with an
				interagency work group which shall be established by the Office of Management
				and Budget, and considering State and tribal perspectives, shall, by rule,
				designate standard data elements for any category of information required to be
				reported under this part.
							(B)RequirementsIn designating the standard data elements,
				the Secretary shall, to the extent practicable—
								(i)ensure that the data elements are
				nonproprietary and interoperable;
								(ii)incorporate interoperable standards
				developed and maintained by an international voluntary consensus standards
				body, as defined by the Office of Management and Budget, such as the
				International Organization for Standardization;
								(iii)incorporate interoperable standards
				developed and maintained by intergovernmental partnerships, such as the
				National Information Exchange Model; and
								(iv)incorporate interoperable standards
				developed and maintained by Federal entities with authority over contracting
				and financial assistance, such as the Federal Acquisition Regulatory
				Council.
								(2)Data reporting
				standards
							(A)DesignationThe
				Secretary, in consultation with an interagency work group established by the
				Office of Management and Budget, and considering State and tribal perspectives,
				shall, by rule, designate standards to govern the data reporting required under
				this part.
							(B)RequirementsIn designating the data reporting
				standards, the Secretary shall, to the extent practicable, incorporate existing
				nonproprietary standards, such as the eXtensible Business Reporting Language.
				Such standards shall, to the extent practicable—
								(i)incorporate a widely-accepted,
				nonproprietary, searchable, computer-readable format;
								(ii)be consistent with and implement applicable
				accounting principles; and
								(iii)be capable of being continually upgraded as
				necessary.
								.
			(b)ApplicabilityThe amendments made by this subsection
			 shall apply with respect to information required to be reported on or after
			 October 1, 2012.
			5.Spending policies for
			 assistance under State TANF programs
			(a)State
			 requirementSection 408(a) of the Social Security Act
			 (42 U.S.C.
			 608(a)) is amended by adding at the end the following:

					(12)State
				requirement to prevent unauthorized spending of benefits
						(A)In
				generalA State to which a grant is made under section 403 shall
				maintain policies and practices as necessary to prevent assistance provided
				under the State program funded under this part from being used in any
				electronic benefit transfer transaction in—
							(i)any liquor
				store;
							(ii)any casino,
				gambling casino, or gaming establishment; or
							(iii)any retail
				establishment which provides adult-oriented entertainment in which performers
				disrobe or perform in an unclothed state for entertainment.
							(B)DefinitionsFor
				purposes of subparagraph (A)—
							(i)Liquor
				storeThe term liquor store means any retail
				establishment which sells exclusively or primarily intoxicating liquor. Such
				term does not include a grocery store which sells both intoxicating liquor and
				groceries including staple foods (within the meaning of section 3(r) of the
				Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).
							(ii)Casino,
				gambling casino, or gaming establishmentThe terms
				casino, gambling casino, and gaming
				establishment do not include a grocery store which sells groceries
				including such staple foods and which also offers, or is located within the
				same building or complex as, casino, gambling, or gaming activities.
							(iii)Electronic
				benefit transfer transactionThe term electronic benefit transfer
				transaction means the use of a credit or debit card service, automated
				teller machine, point-of-sale terminal, or access to an online system for the
				withdrawal of funds or the processing of a payment for merchandise or a
				service.
							.
			(b)PenaltySection
			 409(a) of such Act (42 U.S.C. 609(a)) is amended by
			 adding at the end the following:

					(16)Penalty for
				failure to enforce spending policies
						(A)In
				generalIf, within 2 years
				after the date of the enactment of this paragraph, any State has not reported
				to the Secretary on such State's implementation of the policies and practices
				required by section 408(a)(12), or the Secretary determines, based on the
				information provided in State reports, that any State has not implemented and
				maintained such policies and practices, the Secretary shall reduce, by an
				amount equal to 5 percent of the State family assistance grant, the grant
				payable to such State under section 403(a)(1) for—
							(i)the fiscal year
				immediately succeeding the year in which such 2-year period ends; and
							(ii)each succeeding
				fiscal year in which the State does not demonstrate that such State has
				implemented and maintained such policies and practices.
							(B)Reduction of
				applicable penaltyThe Secretary may reduce the amount of the
				reduction required under subparagraph (A) based on the degree of noncompliance
				of the State.
						(C)State not
				responsible for individual violationsFraudulent activity by any
				individual in an attempt to circumvent the policies and practices required by
				section 408(a)(12) shall not trigger a State penalty under subparagraph
				(A).
						.
			(c)Conforming
			 amendmentSection 409(c)(4) of such Act (42 U.S.C. 609(c)(4)) is amended by
			 striking or (13) and inserting (13), or
			 (16).
			6.Technical
			 corrections
			(a)Section
			 404(d)(1)(A) of the Social Security Act (42 U.S.C. 604(d)(1)(A)) is amended
			 by striking subtitle 1 of Title and inserting Subtitle 1
			 of title.
			(b)Sections 407(c)(2)(A)(i) and 409(a)(3)(C)
			 of such Act (42
			 U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by
			 striking 403(b)(6) and inserting
			 403(b)(5).
			(c)Section
			 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is amended
			 by moving clauses (i) and (ii) 2 ems to the right.
			(d)Section 409(c)(2)
			 of such Act (42
			 U.S.C. 609(c)(2)) is amended by inserting a comma after
			 appropriate.
			(e)Section
			 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C.
			 611(a)(1)(A)(ii)(III)) is amended by striking the last close
			 parenthesis.

			Passed the House of
			 Representatives December 15, 2011.
			Karen L. Haas,
			Clerk


IV
111th CONGRESS
1st Session
H. RES. 941
In the House of Representatives, U. S.,

December 3, 2009

RESOLUTION
Providing for consideration of the bill (H.R. 4154) to amend the Internal Revenue Code of 1986 to repeal the new carryover basis rules in order to prevent tax increases and the imposition of compliance burdens on many more estates than would benefit from repeal, to retain the estate tax with a $3,500,000 exemption, and for other purposes.

That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 4154) to amend the Internal Revenue Code of 1986 to repeal the new carryover basis rules in order to prevent tax increases and the imposition of compliance burdens on many more estates than would benefit from repeal, to retain the estate tax with a $3,500,000 exemption, and for other purposes. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means; and (2) one motion to recommit.
2. In the engrossment of H.R. 4154, the Clerk shall—
(1)add the text of H.R. 2920, as passed by the House, as new matter at the end of H.R. 4154;
(2)conform the title of H.R. 4154 to reflect the addition to the engrossment of the text of H.R. 2920;
(3)assign appropriate designations to provisions within the engrossment; and
(4)conform provisions for short titles within the engrossment.

Lorraine C. Miller,Clerk.


IV
111th CONGRESS
1st Session
H. CON. RES. 34
IN THE HOUSE OF REPRESENTATIVES

January 28, 2009
Mr. Forbes submitted the following concurrent resolution; which was referred to the Committee on House Administration

CONCURRENT RESOLUTION
Calling upon the Capitol Preservation Commission and the Office of the Architect of the Capitol to place the Lincoln-Obama Bible on permanent display upon the Lincoln table at the Capitol Visitor Center for the benefit of all its visitors to fully understand and appreciate America’s history and Godly heritage.

Whereas each one of the 43 presidents of the United States since George Washington on April 30, 1789, has commenced his term of office by placing his hand upon the Holy Bible and solemnly swearing the Constitutional oath to faithfully execute the office of President of the United States and to the best of his ability, preserve, protect, and defend the Constitution of the United States;
Whereas the Holy Bible is God’s Word;
Whereas each President, after taking the oath of office, has repeated President Washington’s petition prayer seeking divine help by saying, “So help me God”;
Whereas Barack Obama, the 44th President of the United States, has chosen to swear his Constitutional oath by placing his hand on the Holy Bible that the 16th President, Abraham Lincoln, used at his second inauguration on March 4, 1865;
Whereas in Lincoln’s Second Inaugural Address, he referred to God 14 times, to verses in the Holy Bible 4 times, and invoked prayer 3 times in 701 words;
Whereas the Lincoln Presidency tested the self-evident truths contained in the Declaration of Independence;
Whereas the Civil War became the test of whether our Nation could endure as “a nation, conceived in liberty and dedicated to the proposition that all men are created equal”;
Whereas President Lincoln issued the Emancipation Proclamation, and before his assassination on April 14, 1865, witnessed Congress pass the 13th amendment to the Constitution, which forever ended slavery in the United States fulfilling the Founding Fathers’ assertion made 89 years earlier that all men are created equal;
Whereas since the Civil War much has been accomplished in the struggle for civil rights;
Whereas while much has yet to be done, we can take enormous satisfaction in the fact that the election of Barack Obama to the Presidency represents that today, we truly are a “nation, conceived in liberty” and dedicated to the self-evident truths “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”;
Whereas with the Obama inauguration on January 20, 2009, we, with God’s help, rededicate ourselves anew to the eternal tasks before us necessary to ensure for generations to come that our government of the people, by the people, for the people shall not perish from the earth;
Whereas the Lincoln Bible which Obama selected for his oath of office represents the powerful 144-year epoch of the civil rights struggle from Lincoln to Obama;
Whereas the people of the United States deserve the opportunity to see the “Lincoln-Obama Bible” and contemplate it as a witness to history;
Whereas the very table that President Lincoln used at his Second Inauguration is on permanent display at the Capitol Visitor Center currently without the Bible; and
Whereas the purpose of the table at Lincoln’s inauguration was to hold the Bible: Now, therefore, be it

That Congress calls upon the Capitol Preservation Commission and the Office of the Architect of the Capitol to place the Lincoln-Obama Bible on permanent display upon the Lincoln table at the Capitol Visitor Center for the benefit of all its visitors to fully understand and appreciate America’s history and Godly heritage.


115 HR 1401 IH: Flood Insurance Fairness Act of 2017
U.S. House of Representatives
2017-03-07
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. 1401IN THE HOUSE OF REPRESENTATIVESMarch 7, 2017Mr. Curbelo of Florida (for himself and Mr. Crist) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo ensure fairness in premium rates for coverage under the National Flood Insurance Program for
			 residences and business properties, and for other purposes.

 1.Short titleThis Act may be cited as the Flood Insurance Fairness Act of 2017. 2.Repeal of certain rate increases (a)Repeal of prohibition on subsidized ratesParagraph (2) of section 1307(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended—
 (1)by striking subparagraph (A); (2)in subparagraph (C), by inserting or after the semicolon at the end;
 (3)by striking subparagraph (D); and (4)by redesignating subparagraphs (B), (C), and (E) as subparagraphs (A), (B), and (C) respectively.
 (b)Conforming amendments relating to limitation on annual rate increasesParagraph (4) of section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)(4)) is amended by striking (A) through (E) and inserting (A) through (C).
			(c)Implementation
 (1)Effective dateThe Administrator of the Federal Emergency Management Agency (in this subsection referred to as the Administrator) shall make available such rate tables as necessary to implement the amendments made by subsections (a) and (b) effective on the date of the enactment of this Act.
				(2)Implementation, coordination, and guidance
 (A)Inclusion of write-your-own companiesTo ensure the participation of Write-Your-Own companies (as such term is defined in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4004(a))), the Administrator and the Federal Emergency Management Agency shall consult with Write-Your-Own companies throughout the development of guidance and rate tables necessary to implement the amendments made by subsections (a) and (b).
 (B)Implementation and guidanceThe Administrator shall issue final guidance and rate tables necessary to implement the amendments made by subsections (a) and (b) not later than eight months following the date of the enactment of this Act. Write-Your-Own companies, in coordination with the Federal Emergency Management Agency, shall have not less than six months but not more than eight months following the issuance of such final guidance and rate tables to implement the changes required by such final guidance and rate tables.


		I
		112th CONGRESS
		1st Session
		H. R. 2462
		IN THE HOUSE OF REPRESENTATIVES

			July 8, 2011
			Mr. Fitzpatrick
			 introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To limit the aggregate amount provided by the taxpayers
		  of the United States for the bailout of Fannie Mae and Freddie
		  Mac.

		1.Short titleThis Act may be cited as the
			 Cap the GSE Bailout Act of
			 2011.
		2.Reestablishment
			 of maximum aggregate amount permitted to be provided by the taxpayers to fannie
			 mae and freddie mac
			(a)Maximum
			 aggregate amount of commitmentNo funds may be provided by the United
			 States Department of the Treasury or any other agency or entity of the Federal
			 Government to either regulated entity (as such term is defined in section 1303
			 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992
			 (12 U.S.C. 4502)), as part of the Amended and Restated Senior Preferred Stock
			 Purchase Agreement, dated September 26, 2008, amended May 6, 2009, and further
			 amended December 24, 2009 (as such agreement may be further amended), between
			 the United States Department of the Treasury and the Federal National Mortgage
			 Association, or the Federal Home Loan Mortgage Corporation, as applicable,
			 under any other agreement between either such regulated entity and the
			 Department of the Treasury, or otherwise, that exceed a maximum aggregate
			 amount of the greater of—
				(1)$200,000,000,000,
			 or
				(2)$200,000,000,000,
			 plus the cumulative total of deficiency amounts of the regulated entity
			 determined for calendar quarters in calendar years 2010, 2011, and 2012, less
			 any surplus amount determined as of December 31, 2012.
				(b)DefinitionsFor
			 purposes of this section, the terms deficiency amount and
			 surplus amount have the meanings provided such terms in the
			 applicable Senior Preferred Stock Purchase Agreement described in subsection
			 (a), as amended through December 24, 2009.
			(c)EnforcementThe
			 Administrator of the Federal Housing Finance Agency shall take such actions as
			 necessary to prevent each regulated entity from requesting or receiving any
			 funds that exceed the limit provided in subsection (a).


114 HR 1104 : Fair Treatment for All Gifts Act
U.S. House of Representatives
2015-04-16
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.

		IIB
		114th CONGRESS
		1st Session
		H. R. 1104
		IN THE SENATE OF THE UNITED STATES
		April 16, 2015Received; read twice and referred to the Committee on FinanceAN ACT
		To amend the Internal Revenue Code of 1986 to provide a deduction from the gift tax for gifts made
			 to certain exempt organizations.

 1.Short titleThis Act may be cited as the Fair Treatment for All Gifts Act. 2.Deduction from gift tax for gifts made to certain exempt organizations (a)In generalSection 2522(a) of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (4) and inserting a semicolon and by inserting after paragraph (4) the following new paragraph:

 (5)an organization described in paragraph (4), (5), or (6) of section 501(c) and exempt from tax under section 501(a)..
 (b)Effective dateThe amendments made by subsection (a) shall apply to gifts made after the date of the enactment of this Act.
 (c)No inferenceNothing in the amendments made by subsection (a) shall be construed to create any inference with respect to whether any transfer of property (whether made before, on, or after the date of the enactment of this Act) to an organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 is a transfer of property by gift for purposes of chapter 12 of such Code.

	Passed the House of Representatives April 15, 2015.Karen L. Haas,Clerk


113 HR 199 IH: Income Equity Act of 2013
U.S. House of Representatives
2013-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 199
		IN THE HOUSE OF REPRESENTATIVES

			January 4, 2013
			Ms. Lee of California
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to limit the
		  deductibility of excessive rates of executive compensation.

		1.Short titleThis Act may be cited as the
			 Income Equity Act of
			 2013.
		2.Denial of
			 deduction for payments of excessive compensation
			(a)In
			 generalSection 162 of the Internal Revenue Code of 1986
			 (relating to deduction for trade or business expenses) is amended by inserting
			 after subsection (h) the following new subsection:

					(i)Excessive
				compensation
						(1)In
				generalNo deduction shall be allowed under this chapter for any
				excessive compensation with respect to any full-time employee.
						(2)Excessive
				compensationFor purposes of this subsection, the term
				excessive compensation means, with respect to any employee, the
				amount by which—
							(A)the compensation
				for services performed by such employee during the taxable year, exceeds
							(B)the greater
				of—
								(i)an
				amount equal to 25 times the lowest compensation for services performed by any
				other full-time employee during such taxable year, or
								(ii)$500,000.
								(3)Definitions and
				special rulesFor purposes of this subsection—
							(A)Compensation
								(i)In
				generalThe term
				compensation includes wages, salary, deferred compensation,
				retirement contributions, options, bonuses, property, and any other form of
				compensation or bonus that the Secretary of the Treasury determines is
				appropriate.
								(ii)Part-year
				employeesIn the case of any part-year employee, the compensation
				of the employee shall be computed on an annualized basis.
								(B)EmployerAll
				persons treated as a single employer under subsection (a) or (b) of section 52
				or subsection (m) or (o) of section 414 shall be treated as 1 employer.
							(4)ReportingEach employer who provides compensation in
				any taxable year to any employee in an amount which is more than 25 times the
				amount of the lowest-compensated full-time employee, shall file a report with
				the Secretary containing—
							(A)the compensation of the lowest-compensated
				full-time employee,
							(B)the average pay of
				all non-managerial employees,
							(C)the average pay of
				all executive staff, and
							(D)the exact
				compensation of the top 5 employees of the company.
							Any such
				report shall be filed at such time and in such manner as the Secretary may
				require..
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 3294
		IN THE HOUSE OF REPRESENTATIVES

			November 1, 2011
			Mr. Bucshon (for
			 himself, Mr. Farenthold, and
			 Mr. Pence) introduced the following
			 bill; which was referred to the Committee
			 on Transportation and Infrastructure

		A BILL
		To amend title 23, United States Code, to provide funding
		  flexibility for transportation emergencies, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 State Transportation Emergency Flexibility Act of
			 2011.
		2.Funding
			 flexibility for transportation emergencies
			(a)In
			 generalChapter 3 of title
			 23, United States Code, is amended by adding at the end the following:

					330.Funding
				flexibility for transportation emergencies
						(a)In
				generalNotwithstanding any
				other provision of law, the chief executive of a State, after declaring an
				emergency with respect to a transportation facility under subsection (b), may
				use any covered funds of the State to repair or replace the transportation
				facility.
						(b)Declaration of
				emergencyTo declare an
				emergency with respect to a transportation facility for purposes of subsection
				(a), the chief executive of a State shall provide to the Secretary written
				notice of the declaration, which shall specify—
							(1)the
				emergency;
							(2)the affected
				transportation facility; and
							(3)the repair or
				replacement activities to be carried out.
							(c)DefinitionsIn
				this section, the following definitions apply:
							(1)Covered
				fundsThe term covered
				funds means any amounts apportioned to a State under this title or
				section 1303 or 1404 of SAFETEA–LU (23 U.S.C. 101 note; 402 note), including
				any such amounts required to be set aside for a purpose other than the repair
				or replacement of a transportation facility under this section.
							(2)EmergencyThe term emergency means any
				event or condition that—
								(A)affects a
				transportation facility; and
								(B)is determined to
				be an emergency by the chief executive of a State.
								(3)Transportation
				facilityThe term transportation facility means any
				component of the National Highway
				System.
							.
			(b)Clerical
			 amendmentThe analysis for such chapter is amended by adding at
			 the end the following:

						330. Funding flexibility for
				transportation
				emergencies.

					.


113 S1214 : All-American Flag Act
U.S. Senate

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.

IC
113th CONGRESS2d Session
S. 1214
IN THE HOUSE OF REPRESENTATIVES

September 17, 2014
Referred to the Committee on Oversight and Government Reform

AN ACT
To require the purchase of domestically made flags of the United States of America for use by the Federal Government.

1.Short titleThis Act may be cited as the All-American Flag Act.
2.Requirement for purchase of domestically made United States flags for use by Federal Government
(a)In generalExcept as provided under subsection (b), only such flags of the United States of America, regardless of size, that are 100 percent manufactured in the United States, from articles, materials, or supplies 100 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government.
(b)WaiverThe head of an executive agency may waive the requirement under subsection (a) on a case-by-case basis upon a determination that—
(1)the application of the limitation would cause unreasonable costs or delays to be incurred; or
(2)application of the limitation would adversely affect a United States company.
(c)Amendment of Federal Acquisition RegulationNot later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council established under section 1302 of title 41, United States Code, shall amend the Federal Acquisition Regulation to implement this section.
(d)DefinitionsIn this section:
(1)Executive agencyThe term executive agency has the meaning given the term in section 133 of title 41, United States Code.
(2)Federal Acquisition RegulationThe term Federal Acquisition Regulation has the meaning given the term in section 106 of title 41, United States Code.
3.Effective dateSection 2 shall apply to purchases of flags made on or after 180 days after the date of the enactment of this Act.
4.Consistency with international agreementsThis Act shall be applied in a manner consistent with United States obligations under international agreements.
Passed the Senate September 16, 2014.Nancy Erickson,Secretary


		IIB
		111th CONGRESS
		2d Session
		H. R. 4451
		IN THE SENATE OF THE UNITED
		  STATES

			June 17, 2010
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To reinstate and transfer certain
		  hydroelectric licenses and extend the deadline for commencement of construction
		  of certain hydroelectric projects.

		1.Short titleThis Act may be cited as the
			 Collinsville Renewable Energy
			 Promotion Act.
		2.Reinstatement of
			 expired licenses and extension of time to commence construction of
			 projectsSubject to section 4
			 of this Act and notwithstanding the time period under section 13 of the Federal
			 Power Act (16 U.S.C.
			 806) that would otherwise apply to Federal Energy Regulatory
			 Commission projects numbered 10822 and 10823, the Federal Energy Regulatory
			 Commission (referred to in this Act as the Commission)
			 may—
			(1)reinstate the
			 license for either or each of those projects; and
			(2)extend for 2 years
			 after the date on which either or each project is reinstated under paragraph
			 (1) the time period during which the licensee is required to commence the
			 construction of such projects.
			Prior to
			 reaching any final decision under this section, the Commission shall provide an
			 opportunity for submission of comments by interested persons, municipalities,
			 and States and shall consider any such comment that is timely submitted.3.Transfer of
			 licenses to the town of Canton, ConnecticutNotwithstanding section 8 of the Federal
			 Power Act (16 U.S.C.
			 801) or any other provision thereof, if the Commission
			 reinstates the license for, and extends the time period during which the
			 licensee is required to commence the construction of, a Federal Energy
			 Regulatory Commission project under section 2, the Commission shall transfer
			 such license to the town of Canton, Connecticut.
		4.Environmental
			 assessment
			(a)DefinitionFor
			 purposes of this section, the term environmental assessment shall
			 have the same meaning as is given such term in regulations prescribed by the
			 Council on Environmental Quality that implement the National Environmental
			 Policy Act of 1969 (42 U.S.C. 4321 et seq.).
			(b)Environmental
			 assessmentNot later than 180 days after the date of enactment of
			 this Act, the Commission shall complete an environmental assessment for Federal
			 Energy Regulatory Commission projects numbered 10822 and 10823, updating, to
			 the extent necessary, the environmental analysis performed during the process
			 of licensing such projects.
			(c)Comment
			 periodUpon issuance of the environmental assessment required
			 under subsection (b), the Commission shall—
				(1)initiate a 30-day
			 public comment period; and
				(2)before taking any
			 action under section 2 or 3—
					(A)consider any
			 comments received during such 30-day period; and
					(B)incorporate in the
			 license for the projects involved, such terms and conditions as the Commission
			 determines to be necessary, based on the environmental assessment performed and
			 comments received under this section.
					5.DeadlineNot later than 270 days after the date of
			 enactment of this Act, the Commission shall—
			(1)make a final
			 decision pursuant to paragraph (1) of section 2; and
			(2)if the Commission
			 decides to reinstate 1 or both of the licenses under such paragraph and extend
			 the corresponding deadline for commencement of construction under paragraph (2)
			 of such section, complete the action required under section 3.
			6.Protection of
			 existing rightsNothing in
			 this Act shall affect any valid license issued by the Commission under section
			 4 of the Federal Power Act (16 U.S.C. 797) on or before the date
			 of enactment of this Act or diminish or extinguish any existing rights under
			 any such license.

			Passed the House of
			 Representatives June 16, 2010.
			Lorraine C. Miller,
			Clerk.


110 HRES 1393 IH: Expressing support for designation of

U.S. House of Representatives
2008-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1393
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2008
			Mr. Price of North
			 Carolina submitted the following resolution; which was referred to
			 the Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing support for designation of
		  January 29, 2009, as National Data Privacy Day.

		Whereas the Internet and the capabilities of modern
			 technology cause data privacy issues to figure prominently in the lives of many
			 people in the United States at work, in their interaction with government and
			 public authorities, in the health field, in e-commerce transactions, and online
			 generally;
		Whereas many individuals are unaware of data protection
			 and privacy laws generally and of specific steps that can be taken to help
			 protect the privacy of personal information online;
		Whereas National Data Privacy Day
			 constitutes an international collaboration and a nationwide and statewide
			 effort to raise awareness about data privacy and the protection of personal
			 information on the Internet;
		Whereas government officials from the United States and
			 Europe, privacy professionals, academics, legal scholars, representatives of
			 international businesses, and others with an interest in data privacy issues
			 are working together on this date to further the discussion about data privacy
			 and protection;
		Whereas privacy professionals and educators are being
			 encouraged to take the time to discuss data privacy and protection issues with
			 teens in high schools across the country;
		Whereas the recognition of National Data Privacy
			 Day will encourage more people nationwide to be aware of data privacy
			 concerns and to take steps to protect their personal information online;
			 and
		Whereas January 29, 2009, would be an appropriate day to
			 designate as National Data Privacy Day: Now, therefore, be
			 it

		That the House of
			 Representatives—
			(1)supports the
			 designation of a National Data Privacy Day;
			(2)encourages State
			 and local governments to observe the day with appropriate activities that
			 promote awareness of data privacy;
			(3)encourages privacy
			 professionals and educators to discuss data privacy and protection issues with
			 teens in high schools across the United States; and
			(4)encourages
			 individuals across the Nation to be aware of data privacy concerns and to take
			 steps to protect their personal information online.