114 S3059 RS: Marine Mammal Research and Response Act of 2016
U.S. Senate
2016-06-15
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.

IICalendar No. 690114th CONGRESS2d SessionS. 3059[Report No. 114–386]IN THE SENATE OF THE UNITED STATESJune 15, 2016Ms. Cantwell (for herself, Mr. Sullivan, Ms. Murkowski, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationNovember 28, 2016Reported by Mr. Thune, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo reauthorize and amend the John H. Prescott Marine Mammal Rescue and Response Grant Program and
			 for other purposes.

 1.Short titleThis Act may be cited as the Marine Mammal Research and Response Act of 2016.
 2.Data collection and disseminationSection 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended— (1)in subsection (b)—
 (A)in paragraph (1)(A), by inserting or entangled after stranded; (B)in paragraph (3)—
 (i)by striking strandings, and inserting strandings and entanglements, including unusual mortality events,; (ii)by inserting stranding before region; and
 (iii)by striking marine mammals; and and inserting and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded and entangled marine mammals with physical, chemical, and biological environmental parameters; and; and
 (C)in paragraph (4), by striking analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters. and inserting analyses.; and
 (2)by striking subsection (c) and inserting the following:  (c)Data availability (1)In generalThe Secretary shall develop a program to make information, including any data and metadata, collected under subsection (b) available to researchers, stranding networks, and the public—
 (A)to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;
 (B)to identify and quickly disseminate information on potential public health risks; (C)to facilitate integrated interdisciplinary research;
 (D)to facilitate peer-reviewed publications; (E)to archive regional data into one national database for future analyses; and
 (F)for education and outreach activities. (2)Public accessThe Secretary shall ensure that—
 (A)all information, including data and metadata, collected under subsection (b) is archived in a form that is readily accessible, understandable, and can be easily shared with, the public, as appropriate, through the Marine Mammal Health Map established under section 408A; and
 (B)not later than 60 days after the date that any information, including any data and metadata, collected under paragraph (1), (2), or (3) of subsection (b), is made readily available to stranding network participants, other qualified scientists, employees of the Federal Government, and the public through the Marine Mammal Health Map and the Integrated Ocean Observation System.
 (d)Data reporting requirementsThe Secretary shall require each stranding network participant to submit to the National Oceanic and Atmospheric Administration, for inclusion in the Marine Mammal Health Map established under section 408A the following:
 (1)NOAA Form 89–864 (OMB #0648–0178) and NOAA Form 89–878 (OMB #0648–0178), or similar successor form, not later than 30 days after the date of a response to a stranding or entanglement event.
 (2)The information, including any data and metadata, described in paragraphs (1) and (2) of subsection (b), not later than 30 days after the date that the information is available or updated, as applicable.
 (3)The information, including any data and metadata, described in paragraphs (3) and (4) of subsection (b), not later than 30 days after the date that the stranding network responds to a stranding or entanglement event..
 3.Stranding or entanglement response agreementsSection 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended— (1)in the section heading by inserting or entanglement before response; and
 (2)in subsection (a), by striking the period at the end and inserting or entanglement.. 4.Unusual mortality event activity funding (a)Uses of the Marine Mammal Unusual Mortality Event FundSubsection (b) of section 405 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended to read as follows:

 (b)UsesAmounts in the Fund— (1)shall be available only for use by the Secretary, in consultation with the Secretary of the Interior and dispersed among claimants based on budgets approved by the Secretary prior to expenditure—
 (A)to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event;
 (B)for reimbursing any stranding network participant for costs incurred in the preparation, analysis, and transportation of marine mammal tissues collected with respect to an unusual mortality event, including such transportation, for the Tissue Bank; and
 (C)for care and maintenance of marine mammal seized under section 104(c)(2)(D); and (2)shall remain available until expended..
 (b)Deposits into the FundSubsection (c) of section 405 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended—
 (1)in paragraph (2), by striking and at the end; (2)in paragraph (3), by striking the period at the end and inserting a semicolon; and
 (3)by adding at the end the following:  (4)sums received for marine mammal conservation, including assessment costs, fines, penalties, restitution, natural resource damages, and forfeitures of property for violations of any provision of this Act or other environmental statute and sums received from emergency declaration grants for marine mammal conservation; and
 (5)up to $750,000 per fiscal year, as determined by the Secretary of Commerce and the Secretary of the Interior, from amounts appropriated to the Secretary for carrying out this title and other titles of this Act..
 5.LiabilitySection 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended by inserting or entanglement after to a stranding.
 6.National Marine Mammal Tissue Bank and tissue analysisSection 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended— (1)in subsection (c)(2)(A), by striking the health of marine mammals and inserting marine mammal health and mortality and the health of; and
 (2)in subsection (d), by inserting public before access. 7.John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund (a)In generalSection 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1) is amended to read as follows:

					408.John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund
						(a)John H. Prescott Marine Mammal Rescue and Response Grant Program
 (1)In generalSubject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue and Response Grant Program (hereinafter in this section referred to as the Grant Program) to award grants to eligible stranding network participants or stranding network collaborators as described in this subsection.
 (2)PurposesThe purposes of the Grant Program are to provide for— (A)the recovery or treatment of sick, injured, or entangled marine mammals;
 (B)marine mammal stranding events that require emergency assistance; (C)the collection of data and samples from living or dead stranded marine mammals for scientific research regarding marine mammal health;
 (D)facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and
 (E)development of Stranding Network capacity, including training for emergency response, where facilities do not exist or are sparse.
 (3)Contract, grant, and cooperative agreement authorityThe Secretary may enter into a contract, grant, or cooperative agreement with any person, as the Secretary determines appropriate, for the purposes described in paragraph (2).
							(4)Equitable distribution of funds
 (A)In generalThe Secretary shall ensure, to the extent practicable, that funds awarded under the Grant Program are distributed equitably among the stranding regions.
 (B)PreferencesThe Secretary shall give preference to awarding funds under the Grant Program in each stranding region to any facility with an established record of marine mammal rescue and rehabilitation, or of scientific data collection and research on sick, stranded, or entangled marine mammals where such facilities exist.
 (C)ConsiderationsIn determining priorities among the stranding regions under this paragraph, the Secretary may consider—
 (i)any episodic stranding, entanglement, or mortality event, except for an unusual mortality event, that occurred in any stranding region in the preceding year;
 (ii)any data regarding average annual stranding, entanglements, and mortality events per stranding region;
 (iii)the size of the marine mammal populations inhabiting a geographic area within a stranding region; and
 (iv)the conservation of threatened or endangered marine mammal species. (5)ApplicationTo apply for a grant under the Grant Program a stranding network participant shall—
 (A)submit an application in such form and manner as the Secretary prescribes; and (B)comply with the data reporting requirements of section 402(d).
 (6)ConsultationThe Secretary shall consult with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals to develop criteria for awarding grants under the Grant Program.
							(7)Limitations
 (A)Maximum grant amountNo grant made under the Grant Program for a single project may exceed $200,000 in any 12-month period.
 (B)Unexpended fundsAny funds awarded under the Grant Program that are unexpended or unobligated at the end a 12-month period—
 (i)shall remain available until expended; and (ii)shall not be taken into account for any other 12-month period for the purposes of subparagraph (A).
 (8)Matching requirementThe non-Federal share of the costs of an activity conducted with funds awarded under the Grant Program shall be 25 percent of such costs.
 (9)Administrative costs and expensesOf the amounts available each fiscal year to carry out the Grant Program, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and expenses related to reviewing and awarding grants under the Grant Program.
							(b)John H. Prescott Marine Mammal Rescue and Rapid Response Fund
 (1)In generalThere is established in the Treasury of the United States an interest-bearing fund to be known as the John H. Prescott Marine Mammal Rescue and Rapid Response Fund (hereinafter in this section referred to as the Fund).
 (2)Use of FundsAmounts in the Fund shall be available only for use by the Secretary to provide emergency assistance.
							(3)Matching requirement
 (A)In generalExcept as provided in subparagraph (B), the non-Federal share of the costs of an activity conducted with amounts from the Fund shall be 25 percent of such costs.
 (B)WaiverThe Secretary may waive the matching requirement under subparagraph (A) for activities to provide emergency assistance.
 (C)In-kind contributionsThe Secretary may apply to the non-Federal share of an activity conducted with amounts from the Fund, the amount of funds and the fair market value of property and services provided by non-Federal sources and used for the activity.
 (c)Emergency assistance definedIn this section: (1)In generalThe term emergency assistance means—
 (A)financial assistance provided for a stranding event or entangling event that— (i)causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual or allocated cost of a response, recovery, or rehabilitation;
 (ii)is cyclical or endemic; and (iii)involves a marine mammal that is out of the normal habitat for that marine mammal; or
 (B)financial assistance provided for a stranding event or an entanglement event that the Secretary considers to be an emergency.
 (2)ExclusionsThe term emergency assistance does not include financial assistance to respond to an unusual mortality event. (d)Authorization of appropriations (1)In generalThere is authorized to be appropriated to carry out the Grant Program $7,000,000 for each of fiscal years 2017 through 2022, to remain available until expended, of which for each fiscal year—
 (A)$6,000,000 may be available to the Secretary of Commerce; and (B)$1,000,000 may be available to the Secretary of the Interior.
								(2)John H. Prescott Marine Mammal Rescue and Rapid Response Fund
 (A)Authorization of appropriationsThere is authorized to be appropriated to the Fund $500,000 for each of fiscal years 2016 through 2021.
 (B)Transfer of fundsIn addition to amounts appropriated pursuant to an authorization of appropriations in subparagraph (A), there shall be deposited into the Fund up to $500,000 for each fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and other titles of this Act.
 (C)Availability of fundsAmounts in the Fund shall remain available until expended without regard to any law related to the negotiation, award, or administration of any contract, grant, or cooperative agreement.
 (e)Acceptance of donationsFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action..
 (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972 is amended by striking the item related to section 408 and inserting the following:
				Sec. 408. John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund..
			8.Marine Mammal Health Map
 (a)In generalThe Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by inserting after section 408 the following:

					408A.Marine Mammal Health Map
 (a)In generalNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall—
 (1)establish a national marine mammal health and stranding observing system referred to as the Marine Mammal Health Map;
 (2)incorporate the Marine Mammal Health Map into the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603); and
 (3)make the Marine Mammal Health Map— (A)publically accessible through the Integrated Coastal and Ocean Observation System’s web portal; and
 (B)interoperable with other national data systems or for management or research purposes, as practicable.
 (b)PurposesThe purposes of the Marine Mammal Health Map are to promote— (1)interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, and medical science, oceanographers, and other marine scientists;
 (2)the timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;
 (3)the identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;
 (4)the evaluation of marine mammal health in terms of mortality as well as sublethal marine mammal health impacts;
 (5)the improved collaboration and forecasting of marine mammal and larger ecosystem health events; (6)rapid communication and dissemination of marine mammal strandings that may have implications for human health, such as harmful algal blooms;
 (7)the increased accessibility of data in a user friendly visual interface for public education and outreach activities; and
 (8)contribute to an ocean health index which incorporates marine mammal health data. (c)RequirementsThe Marine Mammal Health Map shall—
 (1)integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualization and metadata, from persons authorized to collect data on marine mammals, including the stranding network, Federal, State, and tribal governments, private partners, and academia;
 (2)be designed to enhance data and information availability, including data sharing between stranding network participants, scientists, and the public across stranding network regions;
 (3)be designed to facilitate data and information access across scientific disciplines, scientists, and managers; and
 (4)be designed to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the Integrated Coastal and Ocean Observation System’s national and regional data portals.
 (d)Procedures and guidelinesThe Secretary shall implement policies, protocols, and standards for— (1)the reporting requirements for marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;
 (2)the timely transmission of health data from the stranding networks and other appropriate data providers to the Marine Mammal Health Map;
 (3)the timely and sustained dissemination and availability to the public of marine mammal health, stranding, entanglement, and mortality data; and
 (4)the integration of other marine mammal health, stranding, or other data as the Secretary determines appropriate.
 (e)CoordinationThe Administrator of the National Oceanic and Atmospheric Administration shall carry out the Marine Mammal Health Map in consultation with the Secretary of the Interior, the Marine Mammal Commission, and the National Ocean Research Leadership Council.
 (f)ContributionsFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action..
 (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972, as amended by section 7(b), is amended further by inserting after the item related to section 408 the following:
				Sec. 408A. Marine Mammal Health Map..
			9.Reports to Congress
 (a)In generalThe Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), as amended by section 8(a), is further amended by inserting after section 408A the following:

					408B.Reports to Congress
 (a)Appropriate committees of CongressIn this section, the term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives.
 (b)Marine Mammal Health Map status reportNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report on the status of the Marine Mammal Health Map. Such report shall include the following:
 (1)A detailed evaluation of the data made publically available through the Marine Mammal Health Map. (2)A detailed list of any gaps in data collected pursuant to the Marine Mammal Health Map, a description of the reasons for such gaps, and recommendations to close such gaps.
 (3)An analysis of the effectiveness of using the website of the Integrated Coastal and Ocean Observation System as a tool to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data.
 (4)A list of publications, presentations, or other relevant work product resulting from, or in collaboration with, such Marine Mammal Health Map.
 (5)A description of emerging marine mammal health concerns and the applicability of such concerns to human health.
 (6)An analysis of the feasibility of the Integrated Coastal and Ocean Observation System to be used as an alert during stranding events, entanglement events, and unusual mortality events for the stranding network, Integrated Coastal and Ocean Observation System partners, Marine Mammal Health Map partners, Federal and State agencies, and local and tribal governments.
 (7)An evaluation of the use of Marine Mammal Health Map data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Integrated Coastal and Ocean Observation System data for these purposes.
 (8)Recommendations for the Marine Mammal Health Map related to— (A)filling any identified data gaps;
 (B)data standards that could be used to improve data accessibility, transmission, interoperability, and sharing;
 (C)any other strategies that would contribute to the effectiveness and usefulness of the Marine Mammal Health Map; and
 (D)the funding levels needed to carry out the Marine Mammal Health Map. (c)Data gap analysisNot later than 5 years after date that the report required by subsection (b) is submitted, and every 5 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall submit to the appropriate committees of Congress a data gap analysis. Such analysis shall include the following:
 (1)An overview of existing participants within the Marine Mammal Stranding Network. (2)An identification of participant gaps within the Network.
 (3)An identification of data and reporting gaps from members of the Network. (4)An analysis of how stranding and health data is shared and made available to scientists, academics, State, local, and tribal governments, and the public.”.
 (d)Rescue and response capabilities in the ArcticNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Director of the United States Fish and Wildlife Service, shall submit to the appropriate committees of Congress a report on the response capabilities for sick and injured marine mammals in the Arctic regions of the United States. Such report shall include the following:
 (1)A description of all stranding agreements in place in the Arctic regions of the United States, including species covered, response capabilities, facilities, and data collection and analysis capabilities.
 (2)A list of State and local government agencies that have personnel trained to respond to strandings in the Arctic regions of the United States.
 (3)An assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages.
 (4)An analysis of spatial and temporal trends in strandings over time in response to changing environmental conditions in the Arctic regions of the United States and the relationships to other unusual mortality events, including birds and fish.
 (5)A description of training and other resource needs to meet emerging response requirements in the Arctic regions of the United States.
 (6)An analysis of oiled marine mammal and bird response and rehabilitation capabilities in the Arctic regions of the United States, including equipment, facilities, training, and husbandry capabilities, and an assessment of likely success rates.
 (7)Recommendations for future stranding response needs in the Arctic regions of the United States.. (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972, as amended by section 8(b), is amended further by inserting after the item related to section 408A the following:
				Sec. 408B. Reports to Congress..
 10.Authorization of appropriationsSection 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended— (1)in paragraph (1), by striking 1993 and 1994; and inserting 2017 through 2022;;
 (2)in paragraph (2), by striking 1993 and 1994; and inserting 2017 through 2022;; and (3)in paragraph (3), by striking fiscal year 1993. and inserting for each of the fiscal years 2017 through 2022..
 11.DefinitionsSection 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended— (1)by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively;
 (2)by redesignating paragraphs (1), (2) , (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;
 (3)by inserting before paragraph (2), as redesignated, the following:  (1)The term entangle or entanglement means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is—
 (A)on a beach or shore of the United States; or (B)in navigable waters of the United States.; and
 (4)by inserting after paragraph (5), as redesignated, the following:  (6)Stranding regionThe term stranding region means a geographic region designated by the Secretary for purposes of administration of this Act..

 1.Short titleThis Act may be cited as the Marine Mammal Research and Response Act of 2016.
 2.Data collection and disseminationSection 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is amended— (1)in subsection (b)—
 (A)in paragraph (1)(A), by inserting or entangled after stranded; (B)in paragraph (3)—
 (i)by striking strandings, and inserting strandings and entanglements, including unusual mortality events,; (ii)by inserting stranding before region; and
 (iii)by striking marine mammals; and and inserting and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded and entangled marine mammals with physical, chemical, and biological environmental parameters; and; and
 (C)in paragraph (4), by striking analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters. and inserting analyses.; and
 (2)by striking subsection (c) and inserting the following:  (c)Data availability (1)In generalThe Secretary shall develop a program to make information, including any data and metadata, collected under subsection (b) available to researchers, stranding networks, and the public—
 (A)to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators;
 (B)to identify and quickly disseminate information on potential public health risks; (C)to facilitate integrated interdisciplinary research;
 (D)to facilitate peer-reviewed publications; (E)to archive regional data into one national database for future analyses; and
 (F)for education and outreach activities. (2)Public accessThe Secretary shall ensure that—
 (A)all information, including data and metadata, collected under subsection (b) is archived in a form that is readily accessible, understandable, and can be easily shared with, the public, as appropriate, through the Marine Mammal Health Map established under section 408A; and
 (B)not later than 60 days after the date that any information, including any data and metadata, collected under paragraph (1), (2), or (3) of subsection (b), is made readily available to stranding network participants, other qualified scientists, employees of the Federal Government, and the public through the Marine Mammal Health Map and the Integrated Ocean Observation System.
 (d)Data reporting requirementsThe Secretary shall require each stranding network participant to submit to the National Oceanic and Atmospheric Administration, for inclusion in the Marine Mammal Health Map established under section 408A the following:
 (1)NOAA Form 89–864 (OMB #0648–0178) and NOAA Form 89–878 (OMB #0648–0178), or similar successor form, not later than 30 days after the date of a response to a stranding or entanglement event.
 (2)The information, including any data and metadata, described in paragraphs (1) and (2) of subsection (b), not later than 30 days after the date that the information is available or updated, as applicable.
 (3)The information, including any data and metadata, described in paragraphs (3) and (4) of subsection (b), not later than 30 days after the date that the stranding network responds to a stranding or entanglement event.
						(e)Public display of marine mammals
 (1)Rescuing facilityThe facility rescuing and rehabilitating a stranded marine mammal that meets the public display criteria of this Act shall be given preference when the National Oceanic and Atmospheric Administration decides permanent placement of a marine mammal deemed non-releasable for public display purposes if—
 (A)the marine mammal is deemed non-releasable; and (B)the facility—
 (i)meets the public display criteria of the Act and the Animal Welfare Act (7 U.S.C. 2131 et seq.); and
 (ii)meets the requirements for maintenance and care established by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
 (2)ExplanationIf the facility that rescued and rehabilitated the marine mammal was not chosen for permanent placement, the National Oceanic and Atmospheric Administration shall provide written documentation to that facility explaining why the applicant has not met the requirements of this Act and the Animal Welfare Act.
 (3)Other facilityA licensed public display facility in a contiguous geographic area where a marine mammal stranded and later deemed non-releasable by a stranding facility shall be given preference to acquire the marine mammal..
 3.Stranding or entanglement response agreementsSection 403 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421b) is amended— (1)in the section heading by inserting or entanglement before response; and
 (2)in subsection (a), by striking the period at the end and inserting or entanglement.. 4.Unusual mortality event activity funding (a)Uses of the Marine Mammal Unusual Mortality Event FundSubsection (b) of section 405 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended to read as follows:

 (b)UsesAmounts in the Fund— (1)shall be available only for use by the Secretary, in consultation with the Secretary of the Interior and dispersed among claimants based on budgets approved by the Secretary prior to expenditure—
 (A)to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event;
 (B)for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event, including such transportation, for the Tissue Bank; and
 (C)for care and maintenance of marine mammal seized under section 104(c)(2)(D); and (2)shall remain available until expended..
 (b)Deposits into the FundSubsection (c) of section 405 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d) is amended—
 (1)in paragraph (2), by striking and at the end; (2)in paragraph (3), by striking the period at the end and inserting a semicolon; and
 (3)by adding at the end the following:  (4)sums received for marine mammal conservation, including assessment costs, fines, penalties, restitution, and forfeitures of property for violations of any provision of this Act or other environmental statute and sums received from emergency declaration grants for marine mammal conservation; and
 (5)up to $750,000 per fiscal year, as determined by the Secretary of Commerce and the Secretary of the Interior, from amounts appropriated to the Secretary for carrying out this title and other titles of this Act..
 5.LiabilitySection 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421e(a)) is amended by inserting or entanglement after to a stranding.
 6.National Marine Mammal Tissue Bank and tissue analysisSection 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is amended— (1)in subsection (c)(2)(A), by striking the health of marine mammals and and inserting marine mammal health and mortality and the health of; and
 (2)in subsection (d), by inserting public before access. 7.John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund (a)In generalSection 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1) is amended to read as follows:

					408.John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund
						(a)John H. Prescott Marine Mammal Rescue and Response Grant Program
 (1)In generalSubject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue and Response Grant Program (hereinafter in this section referred to as the Grant Program) to award grants to eligible stranding network participants or stranding network collaborators as described in this subsection.
 (2)PurposesThe purposes of the Grant Program are to provide for— (A)the recovery, care, or treatment of sick, injured, or entangled marine mammals;
 (B)marine mammal stranding events that require emergency assistance; (C)the collection of data and samples from living or dead stranded marine mammals for scientific research regarding marine mammal health;
 (D)facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and
 (E)development of Stranding Network capacity, including training for emergency response, where facilities do not exist or are sparse.
 (3)Contract, grant, and cooperative agreement authorityThe Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines appropriate, for the purposes described in paragraph (2).
							(4)Equitable distribution of funds
 (A)In generalThe Secretary shall ensure, to the extent practicable, that funds awarded under the Grant Program are distributed equitably among the stranding regions.
 (B)PreferencesThe Secretary shall give preference to awarding funds under the Grant Program in each stranding region to any facility with an established record of marine mammal rescue and rehabilitation.
 (C)ConsiderationsIn determining priorities among the stranding regions under this paragraph, the Secretary may consider—
 (i)any episodic stranding, entanglement, or mortality event, except for an unusual mortality event, that occurred in any stranding region in the preceding year;
 (ii)any data regarding average annual stranding, entanglements, and mortality events per stranding region;
 (iii)the size of the marine mammal populations inhabiting a geographic area within a stranding region; and
 (iv)the conservation of protected, threatened, or endangered marine mammal species. (5)ApplicationTo apply for a grant under the Grant Program a stranding network participant shall—
 (A)submit an application in such form and manner as the Secretary prescribes; and (B)comply with the data reporting requirements of section 402(d).
 (6)ConsultationThe Secretary shall consult with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals to develop criteria for awarding grants under the Grant Program.
							(7)Limitations
 (A)Maximum grant amountNo grant made under the Grant Program for a single project may exceed $150,000 in any 12-month period.
 (B)Unexpended fundsAny funds awarded under the Grant Program that are unexpended or unobligated at the end a 12-month period shall remain available until expended.
 (C)LimitationA new grant shall not be awarded until the first grants funds are expended. (8)Matching requirementThe non-Federal share of the costs of an activity conducted with funds awarded under the Grant Program shall be 25 percent of such costs.
 (9)Administrative costs and expensesOf the amounts available each fiscal year to carry out the Grant Program, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and expenses related to reviewing and awarding grants under the Grant Program.
							(b)John H. Prescott Marine Mammal Rescue and Rapid Response Fund
 (1)In generalThere is established in the Treasury of the United States an interest-bearing fund to be known as the John H. Prescott Marine Mammal Rescue and Rapid Response Fund (hereinafter in this section referred to as the Fund).
 (2)Use of FundsAmounts in the Fund shall be available only for use by the Secretary to provide emergency assistance.
							(3)Matching requirement
 (A)In generalExcept as provided in subparagraph (B), the non-Federal share of the costs of an activity conducted with amounts from the Fund shall be 25 percent of such costs.
 (B)WaiverThe Secretary may waive the matching requirement under subparagraph (A) for activities to provide emergency assistance.
 (C)In-kind contributionsThe Secretary may apply to the non-Federal share of an activity conducted with amounts from the Fund, the amount of funds and the fair market value of property and services provided by non-Federal sources and used for the activity.
 (c)Emergency assistance definedIn this section: (1)In generalThe term emergency assistance means—
 (A)financial assistance provided for a stranding event or entangling event that— (i)causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual or allocated cost of a response, recovery, or rehabilitation;
 (ii)is cyclical or endemic; and (iii)involves a marine mammal that is out of the normal habitat for that marine mammal; or
 (B)financial assistance provided for a stranding event or an entanglement event that the Secretary considers to be an emergency.
 (2)ExclusionsThe term emergency assistance does not include financial assistance to respond to an unusual mortality event. (d)Authorization of appropriations (1)In generalThere is authorized to be appropriated to carry out the Grant Program $7,000,000 for each of fiscal years 2017 through 2022, to remain available until expended, of which for each fiscal year—
 (A)$6,000,000 may be available to the Secretary of Commerce; and (B)$1,000,000 may be available to the Secretary of the Interior.
								(2)John H. Prescott Marine Mammal Rescue and Rapid Response Fund
 (A)Authorization of appropriationsThere is authorized to be appropriated to the Fund $500,000 for each of fiscal years 2016 through 2021.
 (B)Transfer of fundsIn addition to amounts appropriated pursuant to an authorization of appropriations in subparagraph (A), there shall be deposited into the Fund up to $500,000 for each fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and other titles of this Act.
 (C)Availability of fundsAmounts in the Fund shall remain available until expended without regard to any law related to the negotiation, award, or administration of any contract, grant, or cooperative agreement.
 (e)Acceptance of donationsFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action..
 (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972 is amended by striking the item related to section 408 and inserting the following:
				Sec. 408. John H. Prescott Marine Mammal Rescue and Response Grant Program and Rapid Response Fund..
			8.Marine Mammal Health Map
 (a)In generalThe Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by inserting after section 408 the following:

					408A.Marine Mammal Health Map
 (a)In generalNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall—
 (1)establish a national marine mammal health and stranding observing system referred to as the Marine Mammal Health Map;
 (2)incorporate the Marine Mammal Health Map into the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603); and
 (3)make the Marine Mammal Health Map— (A)publically accessible through the Integrated Coastal and Ocean Observation System’s web portal; and
 (B)interoperable with other national data systems or for management or research purposes, as practicable.
 (b)PurposesThe purposes of the Marine Mammal Health Map are to promote— (1)interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, and medical science, oceanographers, and other marine scientists;
 (2)the timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data;
 (3)the identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding;
 (4)the evaluation of marine mammal health in terms of mortality as well as sublethal marine mammal health impacts;
 (5)the improved collaboration and forecasting of marine mammal and larger ecosystem health events; (6)rapid communication and dissemination of marine mammal strandings that may have implications for human health, such as harmful algal blooms;
 (7)the increased accessibility of data in a user friendly visual interface for public education and outreach activities; and
 (8)contribute to an ocean health index which incorporates marine mammal health data. (c)RequirementsThe Marine Mammal Health Map shall—
 (1)integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualization and metadata, from persons authorized to collect data on marine mammals, including the stranding network, Federal, State, and tribal governments, private partners, and academia;
 (2)be designed to enhance data and information availability, including data sharing between stranding network participants, scientists, and the public across stranding network regions;
 (3)be designed to facilitate data and information access across scientific disciplines, scientists, and managers;
 (4)be designed to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the Integrated Coastal and Ocean Observation System’s national and regional data portals.; and
 (5)be designed in collaboration with, and with input from, States and stranding network participants. (d)Procedures and guidelinesThe Secretary shall implement policies, protocols, and standards for—
 (1)the reporting requirements for marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402;
 (2)the timely transmission of health data from the stranding networks and other appropriate data providers to the Marine Mammal Health Map;
 (3)the timely and sustained dissemination and availability to the public of marine mammal health, stranding, entanglement, and mortality data; and
 (4)the integration of other marine mammal health, stranding, or other data as the Secretary determines appropriate.
 (e)CoordinationThe Administrator of the National Oceanic and Atmospheric Administration shall carry out the Marine Mammal Health Map in consultation with the Secretary of the Interior, the Marine Mammal Commission, and the National Ocean Research Leadership Council.
 (f)ContributionsFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action..
 (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972, as amended by section 7(b), is amended further by inserting after the item related to section 408 the following:
				Sec. 408A. Marine Mammal Health Map..
			9.Reports to Congress
 (a)In generalThe Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), as amended by section 8(a), is further amended by inserting after section 408A the following:

					408B.Reports to Congress
 (a)Appropriate committees of CongressIn this section, the term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives.
 (b)Marine Mammal Health Map status reportNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report on the status of the Marine Mammal Health Map. Such report shall include the following:
 (1)A detailed evaluation of the data made publically available through the Marine Mammal Health Map. (2)A detailed list of any gaps in data collected pursuant to the Marine Mammal Health Map, a description of the reasons for such gaps, and recommendations to close such gaps.
 (3)An analysis of the effectiveness of using the website of the Integrated Coastal and Ocean Observation System as a tool to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data.
 (4)A list of publications, presentations, or other relevant work product resulting from, or in collaboration with, such Marine Mammal Health Map.
 (5)A description of emerging marine mammal health concerns and the applicability of such concerns to human health.
 (6)An analysis of the feasibility of the Integrated Coastal and Ocean Observation System to be used as an alert during stranding events, entanglement events, and unusual mortality events for the stranding network, Integrated Coastal and Ocean Observation System partners, Marine Mammal Health Map partners, Federal and State agencies, and local and tribal governments.
 (7)An evaluation of the use of Marine Mammal Health Map data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Integrated Coastal and Ocean Observation System data for these purposes.
 (8)Recommendations for the Marine Mammal Health Map related to— (A)filling any identified data gaps;
 (B)data standards that could be used to improve data accessibility, transmission, interoperability, and sharing;
 (C)any other strategies that would contribute to the effectiveness and usefulness of the Marine Mammal Health Map; and
 (D)the funding levels needed to carry out the Marine Mammal Health Map. (c)Data gap analysisNot later than 5 years after the date that the report required by subsection (b) is submitted, and every 5 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall submit to the appropriate committees of Congress a data gap analysis. Such analysis shall include the following:
 (1)An overview of existing participants within the Marine Mammal Stranding Network. (2)An identification of participant gaps within the Network.
 (3)An identification of data and reporting gaps from members of the Network. (4)An analysis of how stranding and health data is shared and made available to scientists, academics, State, local, and tribal governments, and the public.
 (d)Rescue and response capabilities in the ArcticNot later than 1 year after the date of the enactment of the Marine Mammal Research and Response Act of 2016, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Director of the United States Fish and Wildlife Service, shall submit to the appropriate committees of Congress a report on the response capabilities for sick and injured marine mammals in the Arctic regions of the United States. Such report shall include the following:
 (1)A description of all stranding agreements in place in the Arctic regions of the United States, including species covered, response capabilities, facilities, and data collection and analysis capabilities.
 (2)A list of State and local government agencies that have personnel trained to respond to strandings in the Arctic regions of the United States.
 (3)An assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages.
 (4)An analysis of spatial and temporal trends in strandings over time in response to changing environmental conditions in the Arctic regions of the United States and the relationships to other unusual mortality events, including birds and fish.
 (5)A description of training and other resource needs to meet emerging response requirements in the Arctic regions of the United States.
 (6)An analysis of oiled marine mammal and bird response and rehabilitation capabilities in the Arctic regions of the United States, including equipment, facilities, training, and husbandry capabilities, and an assessment of likely success rates.
 (7)Recommendations for future stranding response needs in the Arctic regions of the United States.. (b)Table of contents amendmentThe table of contents in the first section of the Marine Mammal Protection Act of 1972, as amended by section 8(b), is amended further by inserting after the item related to section 408A the following:
				Sec. 408B. Reports to Congress..
 10.Authorization of appropriationsSection 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is amended— (1)in paragraph (1), by striking 1993 and 1994; and inserting 2017 through 2022;;
 (2)in paragraph (2), by striking 1993 and 1994; and inserting 2017 through 2022;; and (3)in paragraph (3), by striking fiscal year 1993. and inserting for each of the fiscal years 2017 through 2022..
 11.DefinitionsSection 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is amended— (1)by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively;
 (2)by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;
 (3)by inserting before paragraph (2), as redesignated, the following:  (1)The term entangle or entanglement means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is—
 (A)on a beach or shore of the United States; or (B)in navigable waters of the United States.; and
 (4)by inserting after paragraph (5), as redesignated, the following:  (6)The term stranding region means a geographic region designated by the Secretary for purposes of administration of this Act..November 28, 2016Reported with an amendment


117 HR 4601 IH: Commitment to Veteran Support and Outreach Act
U.S. House of Representatives
2021-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4601IN THE HOUSE OF REPRESENTATIVESJuly 21, 2021Mr. Levin of California (for himself, Mr. Rosendale, Mr. Ryan, Mrs. Rodgers of Washington, and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes.1.Short titleThis Act may be cited as the Commitment to Veteran Support and Outreach Act.2.Authority for Secretary of Veterans Affairs to award grants to States to improve outreach to veterans(a)In generalChapter 63 of title 38, United States Code, is amended—(1)by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and(2)by inserting after section 6306 the following new section 6307:6307.Grants to States to improve outreach to veterans(a)PurposeIt is the purpose of this section to provide for assistance by the Secretary to States to carry out programs that improve outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including State veterans programs) for which they may be eligible.(b)AuthorityThe Secretary may award grants to States—(1)to carry out, coordinate, improve, or otherwise enhance—(A)outreach activities; or(B)activities to assist in the development and submittal of claims for veterans and veterans-related benefits; or(2)to increase the number of county or tribal veterans service officers serving in the State by hiring new, additional such officers.(c)Application(1)To be eligible for a grant under this section, a State shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require.(2)Each application submitted under paragraph (1) shall include the following:(A)A detailed plan for the use of the grant.(B)A description of the programs through which the State will meet the outcome measures developed by the Secretary under subsection (i).(C)A description of how the State will distribute grant amounts equitably among counties with varying levels of urbanization.(D)A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. (d)DistributionThe Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States with varying levels of urbanization.(e)PriorityThe Secretary shall prioritize awarding grants under this section that will serve the following areas: (1)Areas with a critical shortage of county or tribal veterans service officers. (2)Areas with high rates of—(A)suicide among veterans; or (B)referrals to the Veterans Crisis Line. (f)Use of county or tribal veterans service officersA State that receives a grant under this section to carry out an activity described in subsection (b)(1) shall carry out the activity through—(1)a county or tribal veterans service officer of the State; or(2)if the State does not have a county or tribal veterans service officer, or if the county or tribal veterans service officers of the State cover only a portion of that State, an appropriate entity of a State, local, or tribal government, or another publicly funded entity, as determined by the Secretary. (g)Required activitiesAny grant awarded under this section shall be used—(1)to expand existing programs, activities, and services;(2)to hire new, additional county or tribal veterans service officers; or(3)for travel and transportation to facilitate carrying out paragraph (1) or (2). (h)Authorized activitiesA grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary. (i)Outcome measures(1)The Secretary shall develop and provide to each State that receives a grant under this section written guidance on the following: (A)Outcome measures. (B)Policies of the Department. (2)In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: (A)Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. (B)Increasing the number of county and tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. (j)Tracking requirements(1)With respect to each grant awarded under this section, the Secretary shall track the use of veterans and veterans-related benefits among the population served by the grant, including the average period of time between the date on which a veteran applies for such a benefit and the date on which the veteran receives the benefit, disaggregated by type of benefit. (2)Not less frequently than annually, the Secretary shall submit to Congress a report on the information tracked under paragraph (1). (k)Performance review(1)The Secretary shall— (A)review the performance of each State that receives a grant under this section; and(B)make information regarding such performance publicly available.(l)Remediation plan(1)In the case of a State that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State to submit a remediation plan under which the State shall describe how and when it plans to meet such outcome measures. (2)The Secretary may not award a subsequent grant under this section to a State described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State.(m)Maximum amountThe amount of a grant awarded under this section may not exceed 10 percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded. (n)Supplement, not supplantAny grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. (o)DefinitionsIn this section: (1)The term county or tribal veterans service officer includes a local equivalent veterans service officer. (2)The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title. (p)Funding(1)Amounts for the activities of the Department under this section shall be budgeted and appropriated through a separate appropriation account.(2)In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph (1).(q)Authorization of appropriationsThere is authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026, $50,000,000 to carry out this section..(b)Clerical amendmentThe table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items:6307. Grants to States to improve outreach to veterans. 6308. Outreach for eligible dependents. 6309. Biennial report to Congress..


115 HR 411 IH: Veteran Suicide Prevention Act
U.S. House of Representatives
2017-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 411IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2017Mr. King of New York (for himself, Mr. Abraham, Mrs. Radewagen, Ms. DeLauro, Ms. Stefanik, Mr. Carter of Georgia, Mr. Gallego, Mr. Bishop of Georgia, Mr. Wilson of South Carolina, Mr. O'Rourke, Mr. Peters, Mr. Joyce of Ohio, Mr. Meehan, Mr. Jones, Mr. Ryan of Ohio, Ms. Slaughter, Mr. Conyers, Mr. Keating, Mr. Coffman, Mr. Cramer, Mr. LoBiondo, Mr. Quigley, Ms. Shea-Porter, Mr. Yarmuth, Mr. Cicilline, Mrs. Dingell, Mr. Cole, Ms. Pingree, Mrs. Comstock, Mr. Massie, Mr. Rush, Mr. Cárdenas, Mr. Yoder, Mr. Moulton, and Mr. Himes) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to conduct a review of the deaths of certain veterans
			 who died by suicide, and for other purposes.

 1.Short titleThis Act may be cited as the Veteran Suicide Prevention Act. 2.Department of Veterans Affairs review of certain veterans’ deaths by suicide (a)Review requiredNot later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a review of the deaths of all covered veterans who died by suicide during the five-year period preceding the date of the enactment of this Act. Such review shall include—
 (1)the total number of veterans who died by suicide during the five-year period preceding the date of the enactment of this Act;
 (2)a summary of such veterans that includes the age, gender, and race of such veterans; (3)a comprehensive list of the medications prescribed to, and found in the systems of, such veterans at the time of their deaths, specifically listing any medications that carried a black box warning, were off-label, psychotropic, or carried warnings that included suicidal ideation;
 (4)a summary of medical diagnoses by Department of Veterans Affairs physicians which led to the prescribing of the medications referred to in paragraph (3);
 (5)the number of instances in which the veteran who died by suicide was concurrently on multiple medications prescribed by Department of Veterans Affairs physicians;
 (6)the percentage of veterans who died by suicide who were not taking any medication prescribed by a Department of Veterans Affairs physician;
 (7)the percentage of veterans referred to in paragraph (1) with combat experience or trauma (including, but not limited to military sexual trauma, traumatic brain injury, and post-traumatic stress);
 (8)Veterans Health Administration facilities with markedly high prescription and suicide rates of patients being treated at those facilities;
 (9)a description of Department of Veterans Affairs policies governing the prescribing of medications referred to in paragraph (3);
 (10)any patterns apparent to the Secretary based on the review; and (11)recommendations for further action that would improve the safety and well-being of veterans.
 (b)Public availabilityNot later than 30 days after the completion of the review required under subsection (a), the Secretary shall—
 (1)submit to Congress a report on the results of the review; and (2)make such report publicly available.
 (c)Covered veteranIn this section: (1)The term covered veteran means any veteran who received hospital care or medical services furnished by the Department of Veterans Affairs during the five-year period preceding the death of the veteran.
 (2)The term black box warning means a warning displayed within a box in the prescribing information for drugs that have special problems, particularly ones that may lead to death or serious injury.


I
One Hundred Eleventh Congress of the United States of America At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and nine
H. R. 1127

AN ACT
To extend certain immigration programs.

1.Special immigrant nonminister religious worker programSubclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are amended by striking March 6, 2009, each place such term appears and inserting September 30, 2009,.
2.Waiver of foreign country residence requirement with respect to international medical graduatesSection 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking March 6, 2009 and inserting September 30, 2009.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 1254 IH: Auto Enroll Repeal Act
U.S. House of Representatives
2013-03-19
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. 1254
IN THE HOUSE OF REPRESENTATIVES

March 19, 2013
Mr. Hudson (for himself and Mr. Pittenger) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To repeal a requirement that new employees of certain employers be automatically enrolled in the employer’s health benefits plan.

1.Short titleThis Act may be cited as the Auto Enroll Repeal Act.
2.RepealSection 18A of the Fair Labor Standards Act (29 U.S.C. 218a), as added by section 1511 of the Patient Protection and Affordable Care Act, is repealed.


		I
		112th CONGRESS
		1st Session
		H. R. 3524
		IN THE HOUSE OF REPRESENTATIVES

			November 30, 2011
			Mr. Braley of Iowa
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to provide certain
		  rights for persons who receive treatment for illnesses, injuries, and
		  disabilities incurred in or aggravated by service in the uniformed services,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Disabled Veterans Employment
			 Protection Act.
		2.Rights of persons
			 who receive treatment for illnesses, injuries, and disabilities incurred in or
			 aggravated by service in the uniformed services
			(a)Rights of
			 persons who receive treatment
				(1)In
			 generalSubchapter II of chapter 43 of title 38, United States
			 Code, is amended by adding at the end the following new section:

						4320.Rights of
				persons absent from employment for treatment of service-connected
				disabilities
							(a)RetentionSubject
				to subsection (e), a person who is absent from a position of employment by
				reason of the receipt of medical treatment for a service-connected disability
				is entitled to be retained by the person’s employer.
							(b)SeniorityA person who is absent from employment by
				reason of the receipt of medical treatment for a service-connected disability
				and who is entitled to be retained by the person’s employer under subsection
				(a) is entitled to the seniority and other rights and benefits determined by
				seniority that the person had on the date of the commencement of such treatment
				plus the additional seniority and rights and benefits that such person would
				have attained if the person had remained continuously employed.
							(c)Benefits(1)A person who is absent
				from a position of employment by reason of the receipt of medical treatment for
				a service-connected disability and who is entitled to be retained by the
				person’s employer under subsection (a) shall be—
									(A)deemed to be on furlough or leave of
				absence while receiving such treatment; and
									(B)entitled to such other rights and
				benefits not determined by seniority as are generally provided by the employer
				of the person to employees having similar seniority, status, and pay who are on
				furlough or leave of absence under a contract, agreement, policy, practice, or
				plan in effect at the commencement of such service or established while such
				person is so absent.
									(2)(A)Subject to subparagraph
				(C), a person described in subparagraph (B) is not entitled to rights and
				benefits under paragraph (1)(B).
									(B)A person described in this
				subparagraph is a person who—
										(i)is absent from a position of
				employment by reason of the receipt of medical treatment for a
				service-connected disability; and
										(ii)knowingly provides written notice of
				intent not to return to a position of employment after receiving such
				treatment.
										(C)For the purposes of this paragraph, the
				employer shall have the burden of proving that a person knowingly provided
				clear written notice of intent not to return to a position of employment after
				being absent from employment by reason of the receipt of medical treatment and,
				in doing so, was aware of the specific rights and benefits to be lost under
				subparagraph (A).
									(3)A
				person deemed to be on furlough or leave of absence under this subsection while
				receiving medical treatment for a service-connected disability shall not be
				entitled under this subsection to any benefits to which the person would not
				otherwise be entitled if the person had remained continuously employed.
								(4)Such person may be required to pay
				the employee cost, if any, of any funded benefit continued pursuant to
				paragraph (1) to the extent other employees on furlough or leave of absence are
				so required.
								(5)The entitlement of a person to
				coverage under a health plan is provided for under section 4317 of this
				title.
								(d)LeaveAny person who is absent from a position of
				employment with an employer by reason of the receipt of medical treatment for a
				service-connected disability shall be permitted, upon request of that person,
				to use during the period during which the person is so absent, any vacation,
				annual, medical, or similar leave with pay accrued by the person before the
				commencement of such period. No employer may require any such person to use
				vacation, annual, family, medical, or similar leave during such period.
							(e)Exceptions(1)An employer is not
				required to comply with the requirements of this section if—
									(A)the employer’s circumstances have so
				changed as to make such compliance impossible or unreasonable;
									(B)such compliance would impose an undue
				hardship on the employer; or
									(C)the employment from which the person
				is absent by reason of the receipt of medical treatment is for a brief,
				nonrecurrent period and there is no reasonable expectation that such employment
				will continue indefinitely or for a significant period.
									(2)In any proceeding involving an issue
				of whether (A) any compliance referred to in paragraph (1) is impossible or
				unreasonable because of a change in an employer's circumstances, (B) such
				compliance would impose an undue hardship on the employer, or (C) the
				employment referred to in paragraph (1)(C) is for a brief, nonrecurrent period
				and there is no reasonable expectation that such employment will continue
				indefinitely or for a significant period, the employer shall have the burden of
				proving the impossibility or unreasonableness, undue hardship, or the brief or
				nonrecurrent nature of the employment without a reasonable expectation of
				continuing indefinitely or for a significant period.
								(f)LimitationThis
				section shall apply with respect to any absence from a position of employment
				with an employer by reason of the receipt of medical treatment for a
				service-connected disability as long as the aggregate period of such absence or
				absences is not more than 12 workweeks during any 12-month
				period.
							.
				(2)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by inserting after the item relating to section 4319 the following
			 new item:

							4320. Rights of persons absent from
				employment for treatment of service-connected
				disabilities.

						.
				(b)Health
			 planSection 4317 of title 38, United States Code, is amended by
			 adding at the end the following new subsection:

					(c)This section shall apply with respect to a
				person who is absent from a position of employment by reason of the receipt of
				medical treatment for a service-connected disability (other than a person
				described in section 4320(c)(2)(B) of this title) on the same basis as a person
				who is absent from a position of employment by reason of service in the
				uniformed services. In the case of a person who is absent from a position of
				employment by reason of the receipt of medical treatment for a
				service-connected disability (other than a person described in section
				4320(c)(2)(B) of this title), the period during which the person is so absent
				shall be treated as a period of service in the uniformed services for purposes
				of this section.
					.
			(c)Prohibition of
			 discrimination and acts of reprisalSection 4311 of title 38, United States
			 Code, is amended—
				(1)in subsection
			 (a)—
					(A)by inserting after
			 uniformed service the following: , or who has an illness,
			 injury, or disability determined by the Secretary of Veterans Affairs to have
			 been incurred in or aggravated by such service,; and
					(B)by striking
			 or obligation and inserting obligation, or receipt of
			 treatment for that illness, injury, or disability; and
					(2)in subsection
			 (c)—
					(A)by striking
			 or obligation for service the first time it appears and
			 inserting obligation for service, or receipt of treatment for an
			 illness, injury, or disability determined by the Secretary of Veterans Affairs
			 to have been incurred in or aggravated by service; and
					(B)by striking
			 or obligation for service the second time it appears and
			 inserting obligation for service, or receipt of
			 treatment.
					(d)Effective
			 dateThe amendments made by this section shall apply with respect
			 to medical treatment received on or after the date that is 90 days after the
			 date of the enactment of this Act.


116 S221 : Department of Veterans Affairs Provider Accountability 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.

IC116th CONGRESS1st SessionS. 221IN THE HOUSE OF REPRESENTATIVESDecember 23, 2019Referred to the Committee on Veterans' AffairsAN ACTTo amend title 38, United States Code, to require the Under Secretary of Health to report major
			 adverse personnel actions involving certain health care employees to the
			 National Practitioner Data Bank and to applicable State licensing boards,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Department of Veterans Affairs Provider Accountability Act. 2.Accountability within Veterans Health Administration (a)Reporting major adverse actions to National Practitioner Data Bank and State licensing boardsSection 7461 of title 38, United States Code, is amended by adding at the end the following new subsection:

 (f)(1)Whenever the Under Secretary for Health (or an official designated by the Under Secretary) brings charges based on conduct or performance against a section 7401(1) employee and as a result of those charges a covered major adverse action is taken against the employee, the Under Secretary shall, not later than 30 days after the date on which such covered major adverse action is carried out—
 (A)transmit to the National Practitioner Data Bank of the Department of Health and Human Services and the applicable State licensing board the name of the employee, a description of the covered major adverse action, and a description of the reason for the covered major adverse action; and
 (B)update the VetPro System, or successor system, with a record of the covered major adverse action taken and an indication that information was transmitted under subparagraph (A).
 (2)The Under Secretary for Health— (A)shall enroll all 7401(1) employees in a continuous query of their record within the National Practitioner Data Bank; and
 (B)shall develop and implement a mechanism for maintaining and updating the information collected through such continuous query within the VetPro System, or successor system, to facilitate the sharing of such information between Veterans Integrated Service Networks.
 (3)In this subsection, the term covered major adverse action means a major adverse action with respect to a section 7401(1) employee that originated from circumstances in which the behavior of the employee so substantially failed to meet generally-accepted standards of clinical practice as to raise reasonable concern for safety of patients..
			(b)Prohibition on signing settlements with certain clauses
 (1)In generalExcept as provided in paragraph (2), the Secretary of Veterans Affairs may not enter into a settlement agreement relating to an adverse action against a section 7401(1) employee under which the Department of Veterans Affairs would be required to conceal a serious medical error or a lapse in generally-accepted standards of clinical practice.
 (2)ExceptionParagraph (1) shall not apply to a negative record if the head of the Office of Accountability and Whistleblower Protection of the Department and the Special Counsel (established by section 1211 of title 5, United States Code) jointly certify that the negative record is not legitimate.
 (c)Training on credentialing and privilegingThe Under Secretary for Health of the Department of Veterans Affairs shall provide to all staff of the Veterans Health Administration who handle hiring, privileging, and credentialing mandatory training on—
 (1)all policies of the Veterans Health Administration for credentialing and privileging; and (2)when and how to report adverse actions to the National Practitioner Data Bank of the Department of Health and Human Services, State licensing boards, and other relevant entities.
 (d)Sense of Congress on updates to the VHA handbookIt is the sense of Congress that— (1)Congress recognizes that the confusion regarding practices in the Veterans Health Administration for reporting to State licensing boards stems from a lack of guidance in the Veterans Health Administration handbook 1100.18;
 (2)Congress strongly recommends that the Secretary of Veterans Affairs update such handbook to ensure that employees of the Veterans Health Administration, officials of the Veterans Integrated Services Networks, and officials of the Department of Veterans Affairs understand and are able to utilize the role of State licensing boards to effectively prevent instances of failed reporting and future patient safety concerns;
 (3)Congress recognizes the broad authority of the Veterans Health Administration to report to State licensing boards those employed or separated health care professionals whose behavior and clinical practice so substantially failed to meet generally-accepted standards of clinical practice as to raise reasonable concern for safety of patients and requests that such handbook is updated to reflect appropriate reporting channels to ensure employee understanding of those procedures and authorities; and
 (4)in developing the new handbook, the Secretary of Veterans Affairs should consult with— (A)State licensing boards;
 (B)the Centers for Medicare & Medicaid Services; (C)the National Practitioner Data Bank of the Department of Health and Human Services; and
 (D)the exclusive representative of section 7401(1) employees. (e)Section 7401(1) employee definedIn this section, the term section 7401(1) employee has the meaning given that term in section 7461(c)(1) of title 38, United States Code.Passed the Senate December 19, 2019.Julie E. Adams,Secretary


115 HR 5090 IH: Raise the Age Act
U.S. House of Representatives
2018-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5090IN THE HOUSE OF REPRESENTATIVESFebruary 26, 2018Mr. Brown of Maryland (for himself, Mr. Fitzpatrick, Ms. Bass, Ms. Blunt Rochester, Mr. Brendan F. Boyle of Pennsylvania, Mr. Cohen, Ms. Jayapal, Mr. Langevin, Mr. Johnson of Georgia, Mr. Khanna, Mrs. Napolitano, Ms. Norton, Mr. Raskin, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Soto, Ms. Wilson of Florida, Mr. Foster, Mr. Scott of Virginia, and Ms. Matsui) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to prohibit a Federal firearms licensee from selling or
			 delivering certain semiautomatic centerfire rifles to a person under 21
			 years of age, with exceptions for active duty military personnel and
			 full-time law enforcement officers, and for other purposes.

 1.Short titleThis Act may be cited as the Raise the Age Act. 2.Prohibition on Federal firearms licensee selling or delivering certain semiautomatic centerfire rifles to a person under 21 years of age, with exceptions (a)In generalSection 922(b)(1) of title 18, United States Code, is amended to read as follows:

					(1)
 (A)any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age;
 (B)any semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age and is not a qualified individual; or
 (C)if the firearm or ammunition is not a semiautomatic centerfire rifle described in subparagraph (B) and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;.
 (b)Conforming amendmentSection 922(c)(1) of such title is amended by striking in the case of any firearm and all that follows through eighteen years or more of age and inserting in the case of a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, I am at least 21 years of age or a qualified individual (as defined in section 921(a)(30) of title 18, United States Code), in the case of a firearm other than a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21 years of age, or that, in the case of a shotgun or a rifle, I am at least 18 years of age.
 (c)Qualified individual definedSection 921(a) of such title is amended by inserting after paragraph (29) the following:  (30)The term qualified individual means—
 (A)a member of the Armed Forces on active duty; and (B)a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm..
			3.Operation of the Federal Bureau of Investigation’s public access line
 (a)ReportNot later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation (in this section referred to as the FBI) shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI’s public access line.
 (b)Matters includedThe report required by subsection (a) shall, at a minimum, include the following: (1)A description of the protocols and procedures in effect with respect to information-sharing between the public access line and the field offices of the FBI.
 (2)Recommendations for improving the protocols and procedures to improve the information-sharing.


		II
		Calendar No. 94
		110th CONGRESS
		1st Session
		S. 997
		IN THE SENATE OF THE UNITED STATES

			March 27, 2007
			Mr. Harkin (for himself,
			 Mr. Kennedy, Mr. Hatch, Mrs.
			 Feinstein, Mr. Smith,
			 Mr. Reid, and Mr. Specter) introduced the following bill; which
			 was read the first time

			March 28, 2007
			Read the second time and placed on the
			 calendar

		A BILL
		To amend the Public Health Service Act to provide for
		  human embryonic stem cell research.

		1.Short titleThis Act may be cited as the
			 Stem Cell Research Enhancement Act of
			 2007.
		2.Human embryonic
			 stem cell researchPart H of
			 title IV of the Public Health Service
			 Act (42 U.S.C. 289 et seq.) is amended by inserting after section
			 498C the following:

				498D.Human
				embryonic stem cell research
					(a)In
				generalNotwithstanding any
				other provision of law (including any regulation or guidance), the Secretary
				shall conduct and support research that utilizes human embryonic stem cells in
				accordance with this section (regardless of the date on which the stem cells
				were derived from a human embryo) .
					(b)Ethical
				requirementsHuman embryonic stem cells shall be eligible for use
				in any research conducted or supported by the Secretary if the cells meet each
				of the following:
						(1)The stem cells
				were derived from human embryos that have been donated from in vitro
				fertilization clinics, were created for the purposes of fertility treatment,
				and were in excess of the clinical need of the individuals seeking such
				treatment.
						(2)Prior to the
				consideration of embryo donation and through consultation with the individuals
				seeking fertility treatment, it was determined that the embryos would never be
				implanted in a woman and would otherwise be discarded.
						(3)The individuals
				seeking fertility treatment donated the embryos with written informed consent
				and without receiving any financial or other inducements to make the
				donation.
						(c)GuidelinesNot later than 60 days after the date of
				the enactment of this section, the Secretary, in consultation with the Director
				of NIH, shall issue final guidelines to carry out this section.
					(d)Reporting
				requirementsThe Secretary shall annually prepare and submit to
				the appropriate committees of the Congress a report describing the activities
				carried out under this section during the preceding fiscal year, and including
				a description of whether and to what extent research under subsection (a) has
				been conducted in accordance with this
				section.
					.
		3.Alternative human
			 pluripotent stem cell researchPart H of title IV of the Public Health
			 Service Act (42 U.S.C. 284 et seq.), as amended by section 2, is further
			 amended by inserting after section 498D the following:

				498E.Alternative human
				pluripotent stem cell research
					(a)In
				generalIn accordance with
				section 492, the Secretary shall conduct and support basic and applied research
				to develop techniques for the isolation, derivation, production, or testing of
				stem cells that, like embryonic stem cells, are capable of producing all or
				almost all of the cell types of the developing body and may result in improved
				understanding of or treatments for diseases and other adverse health
				conditions, but are not derived from a human embryo.
					(b)GuidelinesNot later than 90 days after the date of
				the enactment of this section, the Secretary, after consultation with the
				Director, shall issue final guidelines to implement subsection (a),
				that—
						(1)provide guidance concerning the next steps
				required for additional research, which shall include a determination of the
				extent to which specific techniques may require additional basic or animal
				research to ensure that any research involving human cells using these
				techniques would clearly be consistent with the standards established under
				this section;
						(2)prioritize research with the greatest
				potential for near-term clinical benefit; and
						(3)consistent with subsection (a), take into
				account techniques outlined by the President's Council on Bioethics and any
				other appropriate techniques and research.
						(c)Reporting
				requirementsNot later than
				January 1 of each year, the Secretary shall prepare and submit to the
				appropriate committees of the Congress a report describing the activities
				carried out under this section during the fiscal year, including a description
				of the research conducted under this section.
					(d)Rule of
				constructionNothing in this
				section shall be construed to affect any policy, guideline, or regulation
				regarding embryonic stem cell research, human cloning by somatic cell nuclear
				transfer, or any other research not specifically authorized by this
				section.
					(e)Definition
						(1)In
				generalIn this section, the
				term human embryo shall have the meaning given such term in the
				applicable appropriations Act.
						(2)Applicable
				ActFor purposes of paragraph
				(1), the term applicable appropriations Act means, with respect to
				the fiscal year in which research is to be conducted or supported under this
				section, the Act making appropriations for the Department of Health and Human
				Services for such fiscal year, except that if the Act for such fiscal year does
				not contain the term referred to in paragraph (1), the Act for the previous
				fiscal year shall be deemed to be the applicable appropriations Act.
						(f)Authorization
				of appropriationsThere is
				authorized to be appropriated such sums as may be necessary for each of fiscal
				years 2008 through 2010, to carry out this
				section.
					.

		March 28, 2007
		Read the second time and placed on the
		  calendar


114 HR 314 IH: Notch Fairness Act of 2015
U.S. House of Representatives
2015-01-13
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
		114th CONGRESS
		1st Session
		H. R. 314
		IN THE HOUSE OF REPRESENTATIVES

			January 13, 2015
			Ms. Meng (for herself, Mr. Schiff, Mr. Cummings, Mr. Bishop of Georgia, Ms. McCollum, Mr. McGovern, Mr. Grijalva, Mr. Yarmuth, Mr. Gene Green of Texas, and Mr. Peterson) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and
			 before 1992 to choose either lump sum payments over four years totaling
			 $5,000 or an improved benefit computation formula under a new 10-year rule
			 governing the transition to the changes in benefit computation rules
			 enacted in the Social Security Amendments of 1977, and for other purposes.

 1.Short titleThis Act may be cited as the Notch Fairness Act of 2015. 2.New guaranteed minimum primary insurance amount where eligibility arises during transitional period (a)In GeneralSection 215(a) of the Social Security Act is amended—
 (1)in paragraph (4)(B), by inserting (with or without the application of paragraph (8)) after would be made, and by striking 1984 in clause (i) and inserting 1989; and (2)by adding at the end the following:

						(8)
 (A)In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual’s primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of—
 (i)such amount, and (ii)the applicable transitional increase amount (if any).
 (B)For purposes of subparagraph (A)(ii), the term applicable transitional increase amount means, in the case of any individual, the product derived by multiplying— (i)the excess under former law, by
 (ii)the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table:
									If the individual becomesThe applicableeligible for such benefits in:percentage is:1979551980451981351982321983251984201985161986101987319885.
 (C)For purposes of subparagraph (B), the term excess under former law means, in the case of any individual, the excess of— (i)the applicable former law primary insurance amount, over
 (ii)the amount which would be such individual’s primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6).
 (D)For purposes of subparagraph (C)(i), the term applicable former law primary insurance amount means, in the case of any individual, the amount which would be such individual’s primary insurance amount if it were—
 (i)computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or
 (ii)computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d),(as applicable) and modified as provided by subparagraph (E).(E)In determining the amount which would be an individual’s primary insurance amount as provided in subparagraph (D)—
 (i)subsection (b)(4) shall not apply; (ii)section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual’s computation base years may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual’s wages and self-employment income is the largest; and
 (iii)subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words without regard to any increases in that table in such subdivision read including any increases in that table. (F)This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.
							(G)
 (i)This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph.
 (ii)A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual’s death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual’s wages and self-employment income. Any such election filed after December 31, 2015, shall be null and void and of no effect.
 (iii)Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)—
 (I)the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2016 not later than July 1, 2016, and
 (II)subparagraph (A) shall not apply in determining such individual’s primary insurance amount. (iv)Upon receipt by the Commissioner as of December 31, 2015, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self-employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)—
 (I)the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2016 not later than July 1, 2016, and
 (II)solely for purposes of determining the amount of such beneficiary’s benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual’s primary insurance amount..
				(b)Effective Date and Related Rules
				(1)Applicability of amendments
 (A)In generalExcept as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977.
 (B)ApplicabilityNo monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2016. (2)Recomputation to reflect benefit increasesIn any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2016, if such benefits are based on a primary insurance amount computed—
 (A)under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or
 (B)under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977),the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act)
			 shall recompute such primary insurance amount so as to take into account
			 the amendments made by this Act.