114 S1736 IS: Incentivizing Offshore Wind Power Act
U.S. Senate
2015-07-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1736IN THE SENATE OF THE UNITED STATESJuly 9, 2015Mr. Carper (for himself, Ms. Collins, Mr. Booker, Mr. Brown, Mr. Cardin, Mr. Coons, Mr. King, Mr. Menendez, Mr. Markey, Ms. Mikulski, Mr. Schatz, Ms. Warren, Mr. Whitehouse, Mrs. Gillibrand, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the
			 production of electricity from offshore wind.

 1.Short titleThis Act may be cited as the Incentivizing Offshore Wind Power Act.
		2.Qualifying offshore
			 wind facility credit
			(a)In
 generalSection 46 of the Internal Revenue Code of 1986 is amended—
 (1)by striking and at the end of paragraph (5),
 (2)by striking the period at the end of paragraph (6) and inserting , and, and
 (3)by adding at the end the following new paragraph:

 (7)the qualifying offshore wind facility credit..
				(b)Amount of
 creditSubpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48D the following new section:

					48E.Credit for
				offshore wind facilities
						(a)In
 generalFor purposes of section 46, the qualifying offshore wind facility credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying offshore wind facility of the taxpayer.
						(b)Qualified
				investment
							(1)In
 generalFor purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying offshore wind facility.
							(2)Certain
 qualified progress expenditures rules made applicableRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.
 (c)DefinitionsFor purposes of this section—
							(1)Qualifying
				offshore wind facility
								(A)In
 generalThe term qualifying offshore wind facility means an offshore facility using wind to produce electricity.
 (B)Offshore facilityThe term offshore facility means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of United States, and the outer Continental Shelf of the United States.
								(2)Eligible
 propertyThe term eligible property means any property—
 (A)which is— (i)tangible personal property, or
 (ii)other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualifying offshore wind facility, and
 (B)with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
								(d)Qualifying
				credit for offshore wind facilities program
							(1)Establishment
								(A)In
 generalNot later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, shall establish a qualifying credit for offshore wind facilities program to consider and award certifications for qualified investments eligible for credits under this section to qualifying offshore wind facility sponsors.
 (B)LimitationThe total amount of megawatt capacity for offshore facilities with respect to which credits may be allocated under the program shall not exceed 3,000 megawatts.
								(2)Certification
								(A)Application
 periodEach applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require beginning on the date the Secretary establishes the program under paragraph (1).
								(B)Period of
 issuanceAn applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the facility in service and if such facility is not placed in service by that time period, then the certification shall no longer be valid.
								(3)Selection
 criteriaIn determining which qualifying offshore wind facilities to certify under this section, the Secretary shall—
 (A)take into consideration which facilities will be placed in service at the earliest date, and
 (B)take into account the technology of the facility that may lead to reduced industry and consumer costs or expand access to offshore wind.
								(4)Review,
				additional allocations, and reallocations
 (A)ReviewPeriodically, but not later than 4 years after the date of the enactment of this section, the Secretary shall review the credits allocated under this section as of the date of such review.
								(B)Additional
 allocations and reallocationsThe Secretary may make additional allocations and reallocations of credits under this section if the Secretary determines that—
 (i)the limitation under paragraph (1)(B) has not been attained at the time of the review, or
 (ii)scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the Secretary determines the applicant will not meet the timeline pursuant to paragraph (2)(B).
									(C)Additional
 program for allocations and reallocationsIf the Secretary determines that credits under this section are available for further allocation or reallocation, but there is an insufficient quantity of qualifying applications for certification pending at the time of the review, the Secretary is authorized to conduct an additional program for applications for certification.
								(5)Disclosure of
 allocationsThe Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant.
							(e)Denial of
 double benefitA credit shall not be allowed under this section with respect to any facility if—
 (1)a credit has been allowed to such facility under section 45 for such taxable year or any prior taxable year,
 (2)a credit has been allowed with respect to such facility under section 46 by reason of section 48(a) or 48C(a) for such taxable or any preceding taxable year, or
 (3)a grant has been made with respect to such facility under section 1603 of the American Recovery and Reinvestment Act of 2009..
			(c)Conforming
			 amendments
 (1)Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended—
 (A)by striking and at the end of clause (v),
 (B)by striking the period at the end of clause (vi) and inserting , and, and
 (C)by adding after clause (vi) the following new clause:

 (vii)the basis of any property which is part of a qualifying offshore wind facility under section 48E..
 (2)The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48D the following new item:
					48E. Credit for offshore wind
				facilities..
				(d)Effective
 dateThe amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).


115 S2901 IS: Excellence in Recovery Housing Act
U.S. Senate
2021-09-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2901IN THE SENATE OF THE UNITED STATESSeptember 29, 2021Mr. Whitehouse (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend title V of the Public Health Service Act to provide for increased oversight of recovery housing, and for other purposes.1.Short titleThis Act may be cited as the Excellence in Recovery Housing Act.2.Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housingSection 501(d) of the Public Health Service Act (42 U.S.C. 290aa) is amended—(1)in paragraph (24)(E), by striking and at the end;(2)in paragraph (25), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(26)collaborate with national accrediting entities and reputable providers and analysts of recovery housing services and all relevant Federal agencies, including the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, other offices and agencies within the Department of Health and Human Services, the Office of National Drug Control Policy, the Department of Justice, the Department of Housing and Urban Development, and the Department of Agriculture, to promote the availability of high-quality recovery housing for individuals with a substance use disorder..3.Developing guidelines for states to promote the availability of high-quality recovery housingTitle V of the Public Health Service Act is amended by inserting after section 550 of such Act (42 U.S.C. 290ee–5) the following:550A.Developing guidelines for States to promote the availability of high-quality recovery housing(a)In generalNot later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary, shall develop, and publish on the website of the Substance Abuse and Mental Health Services Administration, consensus-based guidelines and nationally recognized standards for States to promote the availability of high-quality recovery housing for individuals with a substance use disorder. Such guidelines shall—(1)be developed in consultation with national accrediting entities, reputable providers and analysts of recovery housing services, and States and be consistent with the best practices developed under section 550; and(2)to the extent practicable, build on existing best practices and suggested guidelines developed previously by the Substance Abuse and Mental Health Services Administration.(b)Public comment periodBefore finalizing guidelines under subsection (a), the Secretary shall provide for a public comment period.(c)Exclusion of guideline on treatment servicesIn developing the guidelines under subsection (a), the Secretary may not include any guideline or standard with respect to substance use disorder treatment services.(d)Substance use disorder treatment servicesIn this section, the term substance use disorder treatment services means items or services furnished for the treatment of a substance use disorder, including—(1)medications approved by the Food and Drug Administration for use in such treatment, excluding each such medication used to prevent or treat a drug overdose;(2)the administering of such medications;(3)recommendations for such treatment;(4)clinical assessments and referrals;(5)counseling with a physician, psychologist, or mental health professional (including individual and group therapy); and(6)toxicology testing..4.Coordination of Federal activities to promote the availability of high-quality recovery housingSection 550 of the Public Health Service Act (42 U.S.C. 290ee–5) is amended—(1)by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and(2)by inserting after subsection (d) the following:(e)Coordination of Federal activities To promote the availability of high-Quality recovery housing for individuals with a substance use disorder(1)In generalThe Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development shall convene an interagency working group, co-chaired by the Assistant Secretary and the Secretary of Housing and Urban Development and comprised of representatives of each of the Federal agencies described in paragraph (2) (referred to in this section as the working group) for the following purposes:(A)To increase collaboration, cooperation, and consultation among such Federal agencies, with respect to promoting the availability of high-quality recovery housing.(B)To align the efforts of such agencies and avoid duplication of such efforts by such agencies.(C)To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section.(D)To coordinate inspection and enforcement among Federal and State agencies.(E)To coordinate data collection on the quality of recovery housing.(2)Federal agencies describedThe Federal agencies described in this paragraph are the following:(A)The Department of Health and Human Services, including—(i)the Centers for Medicare & Medicaid Services;(ii)the Substance Abuse and Mental Health Services Administration;(iii)the Health Resources and Services Administration; and(iv)the Indian Health Service.(B)The Department of Housing and Urban Development.(C)The Department of Agriculture.(D)The Department of Justice.(E)The Office of National Drug Control Policy.(F)The Bureau of Indian Affairs.(G)The Department of Labor.(H)Any other Federal agency as the co-chairs determine appropriate.(3)MeetingsThe working group shall meet on a quarterly basis.(4)Reports to CongressBeginning not later than 1 year after the date of enactment of this section and annually thereafter, the working group shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Services of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate a report describing the work of the working group and any recommendations of the working group to improve Federal, State, or local policy with respect to recovery housing operations.(5)Authorization of appropriationsTo carry out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2027..5.NAS study and report(a)In generalNot later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study, which may include a literature review and case studies as appropriate, on—(1)the quality and effectiveness of recovery housing in the United States, including the availability in the United States of high-quality recovery housing and whether that availability meets the demand for such housing in the United States; and(2)State, Tribal, and local regulation and oversight of recovery housing.(b)TopicsThe study under subsection (a) shall include a literature review of studies that—(1)examine the quality of, and effectiveness outcomes for, the types and characteristics of covered recovery housing programs listed in subsection (c); and(2)identify the research and data gaps that must be filled to better report on the quality of, and effectiveness outcomes related to, covered recovery housing.(c)Type and characteristicsThe types and characteristics of covered recovery housing programs referred to in subsection (b) consist of the following:(1)Nonprofit and for-profit covered recovery housing.(2)Private and public covered recovery housing.(3)Covered recovery housing programs that provide services to—(A)residents on a voluntary basis; and(B)residents pursuant to a judicial order.(4)Number of clients served, disaggregated to the extent possible by covered recovery housing serving—(A)6 or fewer recovering residents;(B)10 to 13 recovering residents; and(C)18 or more recovering residents.(5)Bedroom occupancy in a house, disaggregated to the extent possible by—(A)single room occupancy;(B)2 residents occupying 1 room; and(C)more than 2 residents occupying 1 room.(6)Duration of services received by clients, disaggregated to the extent possible according to whether the services were—(A)30 days or fewer;(B)31 to 90 days;(C)more than 90 days and fewer than 6 months; or(D)6 months or more.(7)Certification levels of staff.(8)Fraudulent and abusive practices by operators of covered recovery housing and inpatient and outpatient treatment facilities, both individually and in concert, including—(A)deceptive or misleading marketing practices, including—(i)inaccurate outcomes-based marketing; and(ii)marketing based on non-evidence-based practices;(B)illegal patient brokering;(C)third-party recruiters;(D)deceptive or misleading marketing practices of treatment facility and recovery housing online aggregators; and(E)the impact of such practices on health care costs and recovery rates.(d)ReportThe arrangement under subsection (a) shall require, by not later than 18 months after the date of entering into the agreement—(1)completing the study under such subsection; and(2)making publicly available (including through publication on the internet) a report that contains—(A)the results of the study;(B)the National Academy’s recommendations for Federal, State, and local policies to promote the availability of high-quality recovery housing in the United States;(C)research and data gaps;(D)recommendations for recovery housing quality and effectiveness metrics;(E)recommended mechanisms to collect data on those metrics, including with respect to research and data gaps;(F)recommendations to eliminate restrictions by recovery housing that exclude individuals who take prescribed medications for opioid use disorder; and(G)a summary of allegations, assertions, or formal legal actions on the State and local levels by governments and nongovernmental organizations with respect to the opening and operation of recovery housing.(e)DefinitionsIn this subsection:(1)The term covered recovery housing means recovery housing that utilizes compensated or volunteer onsite staff who are not health care professionals to support residents.(2)The term effectiveness outcomes may include decreased substance use, reduced probability of relapse or reoccurrence, lower rates of incarceration, higher income, increased employment, and improved family functioning.(3)The term health care professional means an individual who is licensed or otherwise authorized by the State to provide health care services.(4)The term recovery housing means a shared living environment that is or purports to be—(A)free from alcohol and use of nonprescribed drugs; and(B)centered on connection to services that promote sustained recovery from substance use disorders.(f)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2022.6.Filling research and data gapsNot later than 60 days after the completion of the study under section 5, the Secretary of Health and Human Services shall enter into an agreement with an appropriate entity to conduct such research as may be necessary to fill the research and data gaps identified in reporting pursuant to such section.7.Grants for States to promote the availability of high quality recovery housingSection 550 of the Public Health Service Act (42 U.S.C. 290ee–5), as amended by section 4, is further amended by inserting after subsection (e) (as inserted by section 4) the following:(f)Grants for implementing national recovery housing best practices(1)In generalThe Secretary shall award grants to States (and political subdivisions of States), Tribes, and territories—(A)for the provision of technical assistance by national accrediting entities and reputable providers and analysts of recovery housing services to implement the guidelines, nationally recognized standards, and recommendations developed under section 3 of the Excellence in Recovery Housing Act and this section; and(B)to promote the availability of high-quality recovery housing for individuals with a substance use disorder and practices to maintain housing quality long term.(2)State enforcement plansBeginning not later than 90 days after the date of enactment of this paragraph and every 2 years thereafter, as a condition on the receipt of a grant under paragraph (1), each State (or political subdivision of a State), Tribe, or territory receiving such a grant shall submit to the Secretary, and make publicly available on a publicly accessible website of the State (or political subdivision of the State), Tribe, or territory—(A)the plan of the State (or political subdivision of a State), Tribe, or territory, with respect to the promotion of high-quality recovery housing for individuals with a substance use disorder located within the jurisdiction of such State (or political subdivision of a State), Tribe, or territory; and(B)a description of how such plan is consistent with the best practices developed under this section and guidelines developed under section 550A.(3)Review of accrediting entitiesThe Secretary shall periodically review, by developing a rubric to evaluate accreditation, the accrediting entities providing technical assistance pursuant to paragraph (1)(A).(4)Authorization of appropriationsTo carry out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027..8.Authorization of appropriationsSection 550 of the Public Health Service Act (42 U.S.C. 290ee–5), as amended by sections 4 and 7, is further amended by amending subsection (i) (as redesignated by such section 4) to read as follows:(i)Authorization of appropriations(1)In generalTo carry out this section, there is authorized to be appropriated—(A)$2,000,000 for fiscal year 2022; and(B)$11,000,000 for each of fiscal years 2023 through 2027.(2)Reservations of fundsFor each of fiscal years 2022 through 2027, of the amounts appropriated under paragraph (1) for such fiscal year, the Secretary shall reserve—(A)not less than $1,000,000 to carry out subsection (e); and(B)not less than $10,000,000 to award grants under paragraphs (1) and (2) of subsection (f)..9.Reputable providers and analysts of recovery housing services definitionSection 550(h) of the Public Health Service Act (42 U.S.C. 290ee–5(i)), as redesignated by section 4, is amended by adding at the end the following:(4)The term reputable providers and analysts of recovery housing services means recovery housing service providers and analysts that—(A)use evidence-based approaches;(B)act in accordance with guidelines issued by the Assistant Secretary;(C)have not been found guilty of health care fraud, patient brokering, or false advertising by the Department of Justice, the Department of Health and Human Services, or a Medicaid Fraud Control Unit;(D)have not been found to have violated Federal, State, or local codes of conduct with respect to recovery housing for individuals with a substance use disorder; and(E)do not employ individuals with a past conviction of criminal, domestic, or sexual violence, or significant drug distribution, in the care or supervision of individuals..10.Technical correctionTitle V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended—(1)by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) (42 U.S.C. 290ee–10), as added by section 8214 of Public Law 115–271, as section 550B; and(2)moving such section so it appears after section 550A (added by section 3 of this Act).


		II
		112th CONGRESS
		2d Session
		S. 2923
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on mixtures of
		  Propiconazole and 3-iodo-2-propynol butylcarbamate and application
		  adjuvants.

		1.Mixtures of Propiconazole and
			 3-iodo-2-propynol butylcarbamate and application adjuvants
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Mixtures of
						(±)-(cis+trans)-1-(2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxalan-2-yl)-methyl)-1H-1,2,4-triazole
						(Propiconazole) (CAS No. 60207–90–1), and 3-iodo-2-propynol butylcarbamate (CAS
						No. 55406–53–06) and application adjuvants (provided for in subheading
						3808.92.15) FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


 HCON 289 ENR: Directing the Clerk of the House of Representatives to make a technical correction in the enrollment of H.R. 3360.
U.S. House of Representatives
2010-07-12
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
One Hundred Eleventh Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. CON. RES. 289

July 12, 2010
Agreed to

CONCURRENT RESOLUTION
Directing the Clerk of the House of Representatives to make a technical correction in the enrollment of H.R. 3360.

That in the enrollment of the bill (H.R. 3360) to amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes, the Clerk of the House of Representatives shall make the following correction: In section 4(b), strike Coast Guard and Maritime Transportation Act of 2004 the second place it appears and insert Coast Guard and Maritime Transportation Act of 2006.   Clerk of the House of Representatives.Secretary of the Senate.


109 HR 3735 IH: Emergency Medicaid Relief Act of 2005
U.S. House of Representatives
2005-09-13
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.

I
109th CONGRESS
1st Session
H. R. 3735
IN THE HOUSE OF REPRESENTATIVES

September 13, 2005
Mr. Davis of Alabama introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To prevent a reduction in the Medicaid Federal medical assistance percentage (FMAP) determined for a State for fiscal year 2006.

1.Short titleThis Act may be cited as the Emergency Medicaid Relief Act of 2005.
2.Limitation on reduction in the medicaid FMAP for fiscal year 2006
(a)In generalIn no case shall the FMAP for a State for fiscal year 2006 be less than the greater of the following:
(1)Fiscal year 2005 FMAPThe FMAP determined for the State for fiscal year 2005.
(2)Computation without retroactive application of rebenchmarked per capita incomeThe FMAP that would have been determined for the State for fiscal year 2006 if the per capita incomes for 2001 and 2002 that were used to determine the FMAP for the State for fiscal year 2005 were used.
(b)Scope of applicationThe FMAP applicable to a State for fiscal year 2006 after the application of subsection (a) shall apply only for purposes of titles XIX and XXI of the Social Security Act (including for purposes of making disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r–4) and payments under such titles that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b))) and shall not apply with respect to payments under title IV of such Act (42 U.S.C. 601 et seq.).
(c)DefinitionsIn this section:
(1)FMAPThe term FMAP means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)).
(2)StateThe term State has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
3.RepealEffective as of October 1, 2006, section 2 is repealed and shall not apply to any fiscal year after fiscal year 2006.


115 S2301 IS: Behavioral Health Coverage Transparency Act of 2018
U.S. Senate
2018-01-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 2301
		IN THE SENATE OF THE UNITED STATES

			January 11, 2018
			Ms. Warren (for herself, Mr. Brown, Mr. Blumenthal, Ms. Baldwin, Ms. Smith, Mr. Markey, Mr. Booker, Mr. Murphy, Mr. Sanders, Ms. Stabenow, Mr. Kaine, Ms. Harris, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To strengthen parity in mental health and substance use disorder benefits.

		1.Short title
 This Act may be cited as the Behavioral Health Coverage Transparency Act of 2018.
		2.Strengthening parity in mental health and substance use disorder benefits
 (a)Public Health Service ActSection 2726(a) of the Public Health Service Act (42 U.S.C. 300gg–26(a)) is amended by adding at the end the following new paragraph:

					(8)Disclosure and enforcement requirements
						(A)Disclosure requirements
							(i)Regulations
 Not later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall issue regulations for carrying out this section, including an explanation of documents that group health plans and health insurance issuers offering group or individual health insurance coverage shall disclose in accordance with clause (ii), the process governing the disclosure of such documents, and analyses that such plans and issuers shall conduct in order to demonstrate compliance with this section.
 (ii)Disclosure requirementsThe documents required to be disclosed by a group health plan or a health insurance issuer offering group or individual health insurance under clause (i) shall include an annual report that details the specific analyses performed to ensure compliance of such plan or issuer with this section, including any regulation promulgated pursuant to this section. At a minimum, with respect to the application of nonquantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits under the plan or coverage, such report shall—
 (I)identify the specific factors the plan or issuer used in performing its NQTLs analysis; (II)identify and define the specific evidentiary standards relied on to evaluate such factors;
 (III)describe how the evidentiary standards are applied to each service category for mental health benefits, substance use disorder benefits, medical benefits, and surgical benefits;
 (IV)disclose the results of the analyses of the specific evidentiary standards in each service category; and
 (V)disclose the specific findings of the plan or issuer in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iii)GuidanceNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall issue guidance to group health plans and health insurance issuers offering group or individual health insurance coverage on how to satisfy the requirements of this section, with respect to making information available to current and potential participants and beneficiaries. Such information shall include—
 (I)certificate of coverage documents and instruments under which the plan or coverage involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant's or beneficiary’s benefit under the plan or coverage, regardless of whether such information is contained in a document designated as the plan document; and
 (II)a disclosure of how the plan or issuer involved has provided that processes, strategies, evidentiary standards, and other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph and paragraph (7), the terms nonquantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in sections 146.136 and 147.160 of title 45, Code of Federal Regulations (or any successor regulation).
							(B)Enforcement
 (i)Process for complaintsNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall, with respect to group health plans and health insurance issuers offering group or individual health insurance coverage, issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed.
							(ii)Audits
 (I)Randomized auditsBeginning 1 year after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, as applicable, shall conduct randomized audits of group health plans and health insurance issuers offering group or individual health insurance coverage to determine compliance with this section. Such audits shall be conducted on no fewer than 12 plans or coverages per plan year.
 (II)Additional auditsBeginning 1 year after the date of enactment of this paragraph, in the case of a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to which any claim has been filed during a plan year, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, as applicable, may audit the books and records of such plan or issuer to determine compliance with this section.
 (iii)Denial ratesThe Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall collect information on the rates of and reasons for denial by group health plans and health insurance issuers offering group or individual health insurance coverage of claims for outpatient and inpatient mental health and substance use disorder benefits compared to the rates of and reasons for denial of claims for medical and surgical benefits. For the first plan year that begins on or after the date that is 2 years after the date of enactment of this paragraph, and each subsequent plan year, the Secretary, in such cooperation, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the information collected under the previous sentence with respect to the previous plan year.
 (C)Effective dateAny requirements of group health plans and health insurance issuers offering group or individual health insurance coverage that are included in the regulations issued under subparagraph (A)(i), including the requirement described in subparagraph (A)(ii) to disclose documents, shall have an effective date of 1 year after the date of enactment of this paragraph..
 (b)Employee Retirement Income Security Act of 1974Section 712(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by adding at the end the following new paragraph:

					(6)Disclosure and enforcement requirements
						(A)Disclosure requirements
							(i)Regulations
 Not later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall issue regulations for carrying out this section, including an explanation of documents that a group health plan (or health insurance issuer offering health insurance coverage in connection with such a plan) shall disclose in accordance with clause (ii), the process governing the disclosure of such documents, and analyses that such plans and issuers shall conduct in order to demonstrate compliance with this section.
 (ii)Disclosure requirementsThe documents required to be disclosed by a group health plan (or a health insurance issuer offering health insurance coverage in connection with such a plan) under clause (i) shall include an annual report that details the specific analyses performed to ensure compliance of such plan or issuer with this section, including any regulation promulgated pursuant to this section. At a minimum, with respect to the application of nonquantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits under the plan or coverage, such report shall—
 (I)identify the specific factors the plan or issuer used in performing its NQTLs analysis; (II)identify and define the specific evidentiary standards relied on to evaluate such factors;
 (III)describe how the evidentiary standards are applied to each service category for mental health benefits, substance use disorder benefits, medical benefits, and surgical benefits;
 (IV)disclose the results of the analyses of the specific evidentiary standards in each service category; and
 (V)disclose the specific findings of the plan or issuer in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iii)GuidanceNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall issue guidance to group health plans (and health insurance issuers offering health insurance coverage in connection with such plans) on how to satisfy the requirements of this section, with respect to making information available to current and potential participants and beneficiaries. Such information shall include—
 (I)certificate of coverage documents and instruments under which the plan or coverage involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant's or beneficiary’s benefit under the plan or coverage, regardless of whether such information is contained in a document designated as the plan document; and
 (II)a disclosure of how the plan or issuer involved has provided that processes, strategies, evidentiary standards, and other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph, the terms nonquantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in sections 146.136 and 147.160 of title 45, Code of Federal Regulations (or any successor regulation).
							(B)Enforcement
 (i)Process for complaintsNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall, with respect to group health plans (and health insurance issuers offering health insurance coverage in connection with such plans), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed.
							(ii)Audits
 (I)Randomized auditsBeginning 1 year after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, shall conduct randomized audits of group health plans (and health insurance issuers offering health insurance coverage in connection with such plans) to determine compliance with this section. Such audits shall be conducted on no fewer than 12 plans or coverages per plan year.
 (II)Additional auditsBeginning 1 year after the date of enactment of this paragraph, in the case of a group health plan (or health insurance issuer offering health insurance coverage in connection with such a plan) with respect to which any claim has been filed during a plan year, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, may audit the books and records of such plan or issuer to determine compliance with this section.
 (iii)Denial ratesThe Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall collect information on the rates of and reasons for denial by group health plans (and health insurance issuers offering health insurance coverage in connection with such plans) of claims for outpatient and inpatient mental health and substance use disorder benefits compared to the rates of and reasons for denial of claims for medical and surgical benefits. For the first plan year that begins on or after the date that is 2 years after the date of enactment of this paragraph, and each subsequent plan year, the Secretary, in such cooperation, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the information collected under the previous sentence with respect to the previous plan year.
 (C)Effective dateAny requirements of group health plans (or health insurance issuers offering health insurance coverage in connection with such plans) that are included in the regulations issued under subparagraph (A)(i), including the requirement described in subparagraph (A)(ii) to disclose documents, shall have an effective date of 1 year after the date of enactment of this paragraph..
 (c)Internal Revenue Code of 1986Section 9812(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(6)Disclosure and enforcement requirements
						(A)Disclosure requirements
							(i)Regulations
 Not later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall issue regulations for carrying out this section, including an explanation of documents that group health plans shall disclose in accordance with clause (ii), the process governing the disclosure of such documents, and analyses that such plans shall conduct in order to demonstrate compliance with this section.
 (ii)Disclosure requirementsThe documents required to be disclosed by a group health plan under clause (i) shall include an annual report that details the specific analyses performed to ensure compliance of such plan with this section, including any regulation promulgated pursuant to such section. At a minimum, with respect to the application of nonquantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits under the plan, such report shall—
 (I)identify the specific factors the plan used in performing its NQTLs analysis; (II)identify and define the specific evidentiary standards relied on to evaluate such factors;
 (III)describe how the evidentiary standards are applied to each service category for mental health benefits, substance use disorder benefits, medical benefits, and surgical benefits;
 (IV)disclose the results of the analyses of the specific evidentiary standards in each service category; and
 (V)disclose the specific findings of the plan in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iii)GuidanceNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall issue guidance to group health plans on how to satisfy the requirements of this section, with respect to making information available to current and potential participants and beneficiaries. Such information shall include—
 (I)certificate of coverage documents and instruments under which the plan involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant's or beneficiary’s benefit under the plan, regardless of whether such information is contained in a document designated as the plan document; and
 (II)a disclosure of how the plan involved has provided that processes, strategies, evidentiary standards, and other factors used in applying the NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the NQTLs to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph, the terms nonquantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in sections 146.136 and 147.160 of title 45, Code of Federal Regulations (or any successor regulation).
							(B)Enforcement
 (i)Process for complaintsNot later than 6 months after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall, with respect to group health plans, issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans to file formal complaints of such plans being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed.
							(ii)Audits
 (I)Randomized auditsBeginning 1 year after the date of enactment of this paragraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, shall conduct randomized audits of group health plans to determine compliance with this section. Such audits shall be conducted on no fewer than 12 plans per plan year.
 (II)Additional auditsBeginning 1 year after the date of enactment of this paragraph, in the case of a group health plan with respect to which any claim has been filed during a plan year, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, may audit the books and records of such plan to determine compliance with this section.
 (iii)Denial ratesThe Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall collect information on the rates of and reasons for denial by group health plans of claims for outpatient and inpatient mental health and substance use disorder benefits compared to the rates of and reasons for denial of claims for medical and surgical benefits. For the first plan year that begins on or after the date that is 2 years after the date of enactment of this paragraph, and each subsequent plan year, the Secretary, in such cooperation, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the information collected under the previous sentence with respect to the previous plan year.
 (C)Effective dateAny requirements of group health plans that are included in the regulations issued under subparagraph (A)(i), including the requirement described in subparagraph (A)(ii) to disclose documents, shall have an effective date of 1 year after the date of enactment of this paragraph..
			3.Consumer parity unit for mental health and substance use disorder parity violations
 (a)DefinitionsIn this section: (1)Applicable State authorityThe term applicable State authority has the meaning given the term in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91).
 (2)Covered planThe term covered plan means any creditable coverage that is subject to any of the mental health parity laws. (3)Creditable coverageThe term creditable coverage has the meaning given the term in section 2704(c) of the Public Health Service Act (42 U.S.C. 300gg–3(c)).
 (4)Mental health parity lawsThe term mental health parity laws means— (A)section 2726 of the Public Health Service Act (42 U.S.C. 300gg–26);
 (B)section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a); (C)section 9812 of the Internal Revenue Code of 1986; or
 (D)any other law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to those provided under any such section, as determined by the Secretary, to creditable coverage.
 (5)SecretaryThe term Secretary means the Secretary of Health and Human Services. (b)EstablishmentNot later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall establish a consumer parity unit with functions that include—
 (1)facilitating the centralized collection of, monitoring of, and response to consumer complaints regarding violations of mental health parity laws through developing and administering, in accordance with subsection (d)—
 (A)a single, toll-free telephone number; and (B)a public website portal, which may include enhancing a website portal in existence on the date of enactment of this Act; and
 (2)providing information to health care consumers regarding the disclosure requirements and enforcement under section 2726(a)(8) of the Public Health Service Act, section 712(a)(6) of the Employee Retirement Income Security Act of 1974, and section 9812(a)(6) of the Internal Revenue Code of 1986, as added by section 2.
 (c)Website portalThe Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall make available on the website portal established under subsection (b)(1)(B)—
 (1)any guidance and any reports issued by the Secretary, the Secretary of Labor, or the Secretary of the Treasury, under section 2726 of the Public Health Service Act, section 712 of the Employee Retirement Income Security Act of 1974, or section 9812 of the Internal Revenue Code of 1986, respectively, including the amendments to such sections made by section 2;
 (2)de-identified information on the results of, or progress on, any concluded or ongoing audits or investigations of the Secretary, the Secretary of Labor, or the Secretary of the Treasury, as applicable, under such section 2726, 712, or 9812, respectively; and
 (3)any information on rates of or reasons for denial collected by the Secretary, the Secretary of Labor, or the Secretary of the Treasury, pursuant to subsection (a)(8)(B)(iii) of such section 2726, subsection (a)(6)(B)(iii) of such section 712, or subsection (a)(6)(B)(iii) of such section 9812, respectively.
				(d)Response to consumer complaints and inquiries
 (1)Timely response to consumersThe Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall establish reasonable procedures for the consumer parity unit established under this section to provide a timely response (in writing if appropriate) to consumers regarding complaints received by the unit against, or inquiries concerning, a covered plan, including—
 (A)steps that have been taken by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer;
 (B)any responses received by the appropriate State or Federal enforcement agency from the covered plan;
 (C)any follow-up actions or planned follow-up actions by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer; and
 (D)contact information of the appropriate enforcement agency for the consumer to follow up on the complaint or inquiry.
 (2)Timely response to regulatorsA covered plan shall provide a timely response (in writing if appropriate) to the appropriate State or Federal enforcement agency having jurisdiction over such plan concerning a consumer complaint or inquiry submitted to the consumer parity unit established under this section including—
 (A)steps that have been taken by the plan to respond to the complaint or inquiry of the consumer; (B)any responses received by the plan from the consumer; and
 (C)follow-up actions or planned follow-up actions by the plan in response to the complaint or inquiry of the consumer.
					(3)Provision of information to consumers
 (A)In generalA covered plan shall, in a timely manner, comply with a consumer request for information in the control or possession of such covered plan concerning the coverage the consumer obtained from such covered plan.
 (B)ExceptionsNotwithstanding subparagraph (A), a covered plan, and any agency or entity having jurisdiction over a covered plan, may not be required by this paragraph to make available to the consumer any information required to be kept confidential by any other provision of law.
					(e)Reports
 (1)In generalNot later than March 31 of each year, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall submit a report to Congress on the complaints received by the consumer parity unit established under this section in the prior year regarding covered plans.
 (2)ContentsEach such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints.
 (3)Consumer parity unit postingThe Secretary shall submit such reports to the consumer parity unit established under this section, and such unit shall post the reports on the website portal established under subsection (b)(1)(B).
 (f)Data sharingSubject to any applicable standards for Federal or State agencies with respect to protecting personally identifiable information and data security and integrity—
 (1)the consumer parity unit established under this section shall share consumer complaint information with the Secretary, and the head of any other applicable Federal or State agency; and
 (2)the Secretary, and the head of any other applicable Federal or State agency, shall share data relating to consumer complaints regarding covered plans with such unit.
				(g)Privacy considerations
 (1)In generalIn carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section.
 (2)ExceptionsThe consumer parity unit established under this section may not obtain from a covered plan any personally identifiable information about a consumer from the records of the covered plan, except—
 (A)if the records are reasonably described in a request by the consumer parity unit established under this section, and the consumer provides appropriate permission for the disclosure of such information by the covered plan to such unit; or
 (B)as may be specifically permitted or required under other applicable provisions of law, including HIPAA privacy and security law as defined in section 3009(a) of the Public Health Service Act (42 U.S.C. 300jj–19(a)).
					(h)Collaboration
 (1)Agreements with other agenciesThe Secretary, the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section.
 (2)Agreements with StatesTo the extent practicable, an applicable State authority may receive appropriate complaints from the consumer parity unit established under this section, if—
 (A)the applicable State authority has the functional capacity to receive calls or electronic reports routed by the unit;
 (B)the applicable State authority has satisfied any conditions of participation that the unit may establish, including treatment of personally identifiable information and sharing of information on complaint resolution or related compliance procedures and resources; and
 (C)participation by the applicable State authority includes measures necessary to protect personally identifiable information in accordance with standards that apply to Federal agencies with respect to protecting personally identifiable information and data security and integrity.


		II
		Calendar No. 1007
		110th CONGRESS
		2d Session
		S. 3499
		IN THE SENATE OF THE UNITED STATES

			September 16, 2008
			Mr. Bingaman, from the
			 Committee on Energy and Natural
			 Resources, reported the following original bill; which was
			 read twice and placed on the calendar

		A BILL
		To protect innocent Americans from violent crime in
		  national parks.

		1.Use of firearms in units of
			 the National Park System and the National Wildlife Refuge System
			(a)Congressional
			 FindingsCongress finds the
			 following:
				(1)The Second
			 Amendment to the Constitution provides that the right of the people to
			 keep and bear Arms, shall not be infringed;
				(2)Section 2.4(a)(1)
			 of title 36, Code of Federal Regulations, provides that except as
			 otherwise provided in this section and parts 7 (special regulations) and 13
			 (Alaska regulations), the following are prohibited: (i) Possessing a weapon,
			 trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or
			 net;
				(3)Section 27.42 of
			 title 50, Code of Federal Regulations, provides that, except in special
			 circumstances, citizens of the United States may not possess, use, or
			 transport firearms on national wildlife refuges of the United States
			 Fish and Wildlife Service;
				(4)The regulations
			 described in paragraphs (2) and (3) prevent individuals complying with Federal
			 and State laws from exercising the second amendment rights of the individuals
			 while at units of—
					(A)the National Park
			 System; and
					(B)the National
			 Wildlife Refuge System;
					(5)The existence of different laws relating to
			 the transportation and possession of firearms at different units of the
			 National Park System and the National Wildlife Refuge System entraps
			 law-abiding gun owners while at units of the National Park System and the
			 National Wildlife Refuge System; and
				(6)The Federal laws should make it clear that
			 the second amendment rights of an individual at a unit of the National Park
			 System or the National Wildlife Refuge System should not be infringed.
				(b)Protecting the
			 right of individuals To bear Arms in units of the National Park System and the
			 National Wildlife Refuge SystemThe Secretary of the Interior shall not
			 promulgate or enforce any regulation that prohibits an individual from
			 possessing a firearm including an assembled or functional firearm in any unit
			 of the National Park System or the National Wildlife Refuge System if—
				(1)the individual is
			 not otherwise prohibited by law from possessing the firearm; and
				(2)the possession of the firearm is in
			 compliance with the law of the State relating to the possession of a firearm in
			 a State park, State wildlife refuge, or similar unit of State land in the State
			 in which the unit of the National Park System or the National Wildlife Refuge
			 System, or that portion thereof, is located.

		September 16, 2008
		Read twice and placed on the calendar


113 S1506 IS: Gulf Coast Oil Recovery Zone Tax Relief and Economic Recovery Act
U.S. Senate
2013-09-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1506IN THE SENATE OF THE UNITED STATESSeptember 17, 2013Mr. Wicker (for himself and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide tax relief for persons affected by the
		  discharge of oil in connection with the explosion on, and sinking of, the
		  mobile offshore drilling unit Deepwater Horizon.1.Short
			 titleThis Act may be cited as
			 the Gulf Coast Oil Recovery Zone Tax
			 Relief and Economic Recovery Act.2.Recovery zone;
			 Gulf oil spillFor purposes of
			 this Act—(1)Recovery
			 zoneThe term Recovery
			 Zone means the following counties and parishes affected by the Gulf oil
			 spill:(A)The counties of
			 Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla in the
			 State of Florida.(B)The counties of
			 Hancock, Harrison, and Jackson in the State of Mississippi.(C)The counties of
			 Mobile and Baldwin in the State of Alabama.(D)The parishes of
			 Orleans, St. Tammany, St. Bernard, Plaquemines, Jefferson, Lafourche,
			 Terrebonne, St. Mary, Iberia, Vermilion, and Cameron in the State of
			 Louisiana.(2)Gulf Oil
			 SpillThe term Gulf oil
			 spill means the discharge of oil by reason of the explosion on, and
			 sinking of, the mobile offshore drilling unit Deepwater Horizon.3.Non-recognition
			 of income from insurance proceeds which are reinvested in the recovery
			 zone(a)In
			 generalFor purposes of the Internal Revenue Code of 1986,
			 amounts received from any qualified Gulf oil spill payment shall be recognized
			 only to the extent that the amount realized exceeds the qualified investments
			 made by the taxpayer with respect to such qualified Gulf oil spill
			 payment.(b)Qualified Gulf
			 oil spill paymentFor purposes of this section, the term
			 qualified Gulf oil spill payment means—(1)any proceeds or
			 payments from insurance received in connection with the Gulf oil spill,
			 or(2)any payment for
			 damages attributable to the Gulf oil spill under section 1002 of the Oil
			 Pollution Act of 1990 (33 U.S.C. 2702).(c)Qualified
			 investmentFor purposes of this section—(1)In
			 generalThe term qualified investment means, with
			 respect to any qualified Gulf oil spill payment, the sum of the qualified
			 recovery zone investments which are made by the taxpayer before the date which
			 is 5 years after the later of—(A)the date of the
			 qualified Gulf oil spill payment, or(B)the date of the
			 enactment of this Act.(2)Qualified
			 recovery zone investmentThe term qualified recovery zone
			 investment means the sum of—(A)amounts paid or
			 incurred for tangible property (to which section 168 of the Internal Revenue
			 Code of 1986 applies) acquired by purchase (within the meaning of section
			 179(d)(2) of such Code) for use in the active conduct of a recovery zone trade
			 or business property, plus(B)amounts paid or
			 incurred for start-up expenditures (as defined in section 195(c)) in connection
			 with a qualified recovery zone trade or business.(3)Qualified
			 recovery zone trade or businessThe term qualified recovery
			 zone trade or business means—(A)any commercial or
			 charter fishing business operating in the recovery zone, or(B)any hotel,
			 lodging, recreation, entertainment, or restaurant business located in the
			 recovery zone.(d)Reduction in
			 basisFor purposes of section 1016 of the Internal Revenue Code
			 of 1986, the basis in any qualified investment shall be reduced (but not below
			 zero) by an amount equal to the amount that bears the same ratio to such basis
			 (determined without regard to this subsection) as the amount of qualified Gulf
			 oil spill payments received by the taxpayer bears to the amount of qualified
			 investments made by the taxpayer with respect to such qualified Gulf oil spill
			 payments.(e)Effective
			 dateThis Act shall apply with respect to amounts received from
			 any qualified Gulf oil spill payment and qualified investments made in taxable
			 years ending after April 20, 2010.


		I
		111th CONGRESS
		1st Session
		H. R. 1606
		IN THE HOUSE OF REPRESENTATIVES

			March 19, 2009
			Mr. Manzullo
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To establish a new automobile voucher
		  program.

		1.Short titleThis Act may be cited as the
			 New Automobile Voucher Act of
			 2009.
		2.FindingsCongress finds the following:
			(1)1
			 out of every 10 jobs in the United States, or about 13,000,000, is related to
			 automobiles.
			(2)The automotive
			 sector represents the largest manufacturing base in the United States and each
			 automobile assembly plant generates about 5 jobs among suppliers and the
			 surrounding community.
			(3)Automobile parts manufacturers account for
			 4,500,000 private industry jobs, including nearly 2,000,000 indirect jobs in
			 industries ranging from steel and plastics to technical services.
			(4)Automobile
			 dealerships employ 1,100,000 workers and account for 18 percent of all retail
			 sales in the United States.
			(5)In 2005,
			 16,900,000 new automobiles were sold in the United States, but in 2008, only
			 13,200,000 new automobiles were sold.
			(6)This loss of
			 3,700,000 new automobile sales, at an average price of $28,400, directly
			 removed $105,000,000,000 from the economy.
			(7)Economic
			 multiplier effects of between 3 and 7 percent mean that this decline of new
			 automobile sales translates into a $315,000,000,000 to $735,000,000,000 loss to
			 the economy of the United States.
			(8)Only 1,345,885 vehicles were sold in the
			 United States during January and February of 2009, representing a 39 percent
			 decrease from January and February of 2008.
			(9)The best way to
			 help the United States automobile industry and manufacturing base recover is to
			 set a goal of selling 15,000,000 new automobiles in 2009 in order to restart
			 the United States economy.
			3.New Automobile
			 Voucher Program
			(a)EstablishmentThere is established in the Department of
			 the Treasury a program to be known as the New Automobile Voucher
			 Program, through which the Secretary shall—
				(1)authorize the issuance of a voucher,
			 subject to the specifications described in subsection (b), to a dealer for each
			 person or eligible fleet operator who purchases an eligible new automobile from
			 such dealer, which voucher shall be applied towards such purchase;
				(2)allow any dealer
			 to participate in the Program if the dealer agrees to—
					(A)apply a voucher
			 towards the purchase of an eligible new automobile as partial payment for each
			 eligible person or eligible fleet operator at the time of purchase; and
					(B)comply with all
			 applicable requirements under this Act and regulations promulgated by the
			 Secretary to carry out this Act;
					(3)establish a
			 Web-based electronic system to process the vouchers at the point of
			 sale;
				(4)certify that the
			 Program is operational; and
				(5)make payments to
			 dealers for vouchers applied by such dealers under paragraph (2) in accordance
			 with the provisions of this section.
				(b)Program
			 specifications
				(1)Vouchers per
			 personNot more than 1
			 voucher may be issued for any person, unless such person is an eligible fleet
			 operator.
				(2)Vouchers per
			 eligible new automobileNot more than 1 voucher may be applied to
			 each eligible new automobile.
				(3)OffsetA
			 dealer—
					(A)shall credit the amount of the voucher
			 being applied toward the purchase of an eligible new automobile; and
					(B)may not offset the amount of the voucher
			 against any other rebate or discount otherwise being offered by the dealer or
			 manufacturer.
					(4)Combination with
			 other incentives permittedNotwithstanding any other provision of law,
			 the availability or use of a Federal or State tax incentive or a State-issued
			 voucher for the purchase of an eligible new automobile shall not limit the
			 value or issuance of a voucher under the Program for any eligible person or
			 eligible fleet operator.
				(5)Voucher
					(A)Paperless
			 voucherAny voucher issued
			 under this section shall be issued electronically through a Web-based
			 electronic system.
					(B)Value of voucher
			 during the initial periodA voucher issued under the Program
			 during the initial period may be applied to offset the purchase price of an
			 eligible new automobile by $5,000.
					(C)Value of voucher
			 during the secondary periodA voucher issued under the Program
			 during the secondary period may be applied to offset the purchase price of an
			 eligible new automobile by $2,500.
					(6)Prompt
			 fulfillment of redemption requests requiredThe Secretary shall provide for the payment
			 of all vouchers submitted to the Secretary for redemption in accordance with
			 the provisions of this Act not later than 10 days after such submission, or
			 within such lesser period as the Secretary determines to be practicable.
				(c)RulemakingNot later than 30 days after the date of
			 the enactment of this Act, the Secretary shall promulgate regulations to
			 implement the Program, including the enforcement of the penalties described in
			 section 4.
			(d)DisclaimerNothing in this Act or any other provision
			 of law limits the authority of Congress or the Secretary to terminate or limit
			 the Program or the issuance of vouchers under the Program.
			4.Penalties
			(a)ViolationIt shall be unlawful for any person to
			 commit any fraudulent act in connection with a voucher issued under the
			 Program.
			(b)PenaltiesAny person who commits a violation
			 described in subsection (a) shall be liable to the United States Government for
			 a civil penalty of not more than $10,000 for each violation.
			5.ReportThe Secretary shall submit a report to the
			 Congress every 6 months that specifies, for the most recent 6-month period, the
			 number of vouchers that have been used under the Program.
		6.DefinitionsIn this Act:
			(1)AutomobileThe
			 term automobile has the meaning given such term in section
			 32901(a) of title 49, United States Code.
			(2)DealerThe term dealer means a person
			 residing in a State that is engaged in the sale of new automobiles as of the
			 date of introduction of this Act to the first person or eligible fleet operator
			 that is the ultimate purchaser.
			(3)Eligible fleet
			 operatorThe term
			 eligible fleet operator means the operator of a fleet of
			 automobiles that is owned by a partnership, corporation, association, or public
			 or private organization.
			(4)Initial
			 periodThe term initial period means the first 6
			 months of the Program, beginning from the date the Secretary certifies the
			 Program is operational.
			(5)New
			 automobileThe term new
			 automobile means an automobile for which a manufacturer, distributor, or
			 dealer has never transferred the equitable or legal title of such automobile to
			 an ultimate purchaser.
			(6)Eligible new
			 automobileThe term eligible new automobile means a
			 new automobile whose purchase price is less than $50,000.
			(7)PersonThe term person has the
			 meaning given such term in section 551 of title 5, United States Code.
			(8)ProgramThe
			 term Program means the New Automobile Voucher Program established
			 under section 3.
			(9)Secondary
			 periodThe term secondary period means the time
			 period beginning the day after the initial period has expired and ending
			 December 31, 2010.
			(10)SecretaryThe
			 term Secretary means the Secretary of the Treasury.
			(11)StateThe term State means a State
			 of the United States, the District of Columbia, Puerto Rico, the Northern
			 Mariana Islands, Guam, American Samoa, and the Virgin Islands.
			(12)Ultimate
			 purchaserThe term ultimate purchaser means, with
			 respect to a new automobile, the first person who purchases such automobile for
			 purposes other than resale.
			(13)VoucherThe
			 term voucher means a voucher issued to a person who is purchasing
			 an eligible new automobile pursuant to the provisions of this Act.
			7.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Secretary $75,000,000,000 to carry out
			 this Act. Of the amount appropriated under this Act, the Secretary shall
			 obligate no more than $50,000,000 to cover administrative costs for the
			 Program.


		I
		112th CONGRESS
		2d Session
		H. R. 5499
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mrs. Schmidt
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the rate of duty on
		  2-cyclo-hexylidene-2-phenyl-acetonitrile.

		1.2-cyclo-hexylidene-2-phenyl-acetonitrile
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.002-cyclo-hexylidene-2-phenyl-acetonitrile (CAS No. 10461–98–0)
						(provided for in subheading 2926.90.43)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 3969
		IN THE HOUSE OF REPRESENTATIVES

			February 7, 2012
			Mr. Watt introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on mixtures of Disperse
		  Blue 77.

		1.Mixtures of Disperse Blue
			 77
			(a)In
			 generalSubchapter II of
			 chapter 99 of the Harmonized Tariff Schedule of the United States is amended by
			 inserting in numerical sequence the following new heading:

								9902.01.00Mixtures of Disperse Blue 77, (9,10-Anthracenedione,
						1,8-dihydroxy-4-nitro-5-(phenylamino)-) (CAS No. 20241–76–3) and
						(3-Pyridinecarbonitrile, 5-[2-(2-cyano-4-nitrophenyl)
						diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-) (CAS
						No. 149988–44–3) and (3-Pyridinecarbonitrile, 5-[(2-cyano-4-nitrophenyl)
						diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-2-(phenylamino)-) (CAS
						No. 137428–29–6) and (Acetic acid, cyano-[3-[(6-methoxy-2-benzothiazoyl)
						amino]-1H-isoindol-1-ylidene]-, pentyl ester) (CAS No. 173285–74–0) (provided
						for in subheading 3204.11.35) FreeNo changeNo changeOn or before 12/31/2014

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


116 HR 7168 IH: Creating Capacity for Communities in Need Act
U.S. House of Representatives
2020-06-11
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
116th CONGRESS2d Session
H. R. 7168
IN THE HOUSE OF REPRESENTATIVES

June 11, 2020
Mr. Gonzalez of Texas (for himself and Mr. Burgess) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title XVIII of the Social Security Act to waive limitations on expansion of facility capacity under rural provider and hospital exception to ownership or investment prohibition during coronavirus 2020 emergency period.

1.Short titleThis Act may be cited as the Creating Capacity for Communities in Need Act. 2.Waiver of limitations on expansion of facility capacity under rural provider and hospital exception to ownership or investment prohibition during coronavirus 2020 emergency periodSection 1877(i)(1)(B) of the Social Security Act (42 U.S.C. 1395nn(i)(1)(B)) is amended—
(1)by striking capacity.—Except as provided in paragraph (3), the number and inserting  capacity.—
(i)In generalExcept as provided in paragraph (3) and subject to clause (ii), the number;; and (2)by adding at the end the following new clause:

(ii)Exception during coronavirus 2020 emergency period
(I)In generalThe limitation under clause (i) shall not apply with respect to any increase in the number of operating rooms, procedure rooms, or beds for which a hospital is licensed during the coronavirus 2020 emergency period, or for which the hospital begins construction during the coronavirus 2020 emergency period regardless of whether the hospital is an applicable hospital (as defined in paragraph (3)(E)) or is a high Medicaid facility described in paragraph (3)(F), and the hospital’s baseline number of operating rooms, procedure rooms, and beds for purposes of compliance with this subparagraph shall be automatically modified to reflect such increase on a permanent basis. (II)Cornavirus 2020 emergency period definedFor purposes of this clause, the coronavirus 2020 emergency period is the period beginning on March 13, 2020, and ending on the last day on which the emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) with respect to SARS–CoV–2 and coronavirus disease 2019 (abbreviated as COVID–19) is in effect..