116 HR 6933 IH: Caring for Survivors Act of 2020
U.S. House of Representatives
2020-05-19
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.

I116th CONGRESS2d SessionH. R. 6933IN THE HOUSE OF REPRESENTATIVESMay 19, 2020Mr. Cox of California (for himself, Mr. Cisneros, Mr. Yoho, Mr. Van Drew, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans.1.Short titleThis Act may be cited as the Caring for Survivors Act of 2020.2.Increase in amount of dependency and indemnity compensation for surviving spouses(a)IncreaseSection 1311(a) of title 38, United States Code, is amended in paragraph (1), by striking of $1,154 and inserting equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title.(b)Effective date(1)In generalExcept as provided by paragraph (2), the amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is six months after the date of the enactment of this Act.(2)Special rule for certain individuals(A)For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependents and survivors income security benefit under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following:(i)The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act.(ii)The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a).(B)An individual described in this subparagraph is an individual eligible for dependents and survivors income security benefit under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993.3.Modification of requirements for dependency and indemnity compensation for survivors of certain veterans rated totally disabled at time of deathSection 1318 of title 38, United States Code, is amended—(1)in subsection (a)—(A)by striking The Secretary and inserting (1) Except as provided in paragraph (2), the Secretary; and(B)by adding at the end the following new paragraph:(2)In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount that bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years.; and(2)in subsection (b)(1), by striking 10 or more years and inserting five or more years.4.Eligibility for dependency and indemnity compensation for surviving spouses who remarry after age 55Section 103(d)(2)(B) of title 38, United States Code, is amended in the second sentence by inserting chapter 13 or after benefits under.


I
111th CONGRESS
1st Session
H. R. 3354
IN THE HOUSE OF REPRESENTATIVES

July 27, 2009
Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to repeal the 7.5 percent threshold on the deduction for medical expenses.

1.Repeal of 7.5 percent threshold on deduction for medical expenses
(a)In generalSubsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to deduction for medical expenses) is amended by striking to the extent that such expenses exceed 7.5 percent of adjusted gross income.
(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6381
		IN THE HOUSE OF REPRESENTATIVES

			September 12, 2012
			Mr. Al Green of Texas
			 (for himself, Mr. Bachus,
			 Mr. Cleaver, and
			 Mr. Heck) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services

		A BILL
		To establish a pilot program to authorize the Secretary
		  of Housing and Urban Development to make grants to nonprofit organizations to
		  rehabilitate and modify homes of disabled and low-income
		  veterans.

		1.Short titleThis Act may be cited as the
			 Housing Assistance for Veterans Act of
			 2012 or the HAVEN Act.
		2.DefinitionsIn this Act:
			(1)DisabledThe
			 term disabled means an individual with a disability, as defined
			 by section 12102 of title 42, United States Code.
			(2)Eligible
			 veteranThe term
			 eligible veteran means a disabled or low-income veteran.
			(3)Energy efficient
			 features or equipmentThe term energy efficient features
			 or equipment means features of, or equipment in, a primary residence
			 that help reduce the amount of electricity used to heat, cool, or ventilate
			 such residence, including insulation, weatherstripping, air sealing, heating
			 system repairs, duct sealing, or other measures.
			(4)Low-income
			 veteranThe term
			 low-income veteran means a veteran whose income does not exceed
			 80 percent of the median income for an area, as determined by the
			 Secretary.
			(5)Nonprofit
			 organizationThe term
			 nonprofit organization means an organization that is—
				(A)described in
			 section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986;
			 and
				(B)exempt from tax
			 under section 501(a) of such Code.
				(6)Primary
			 residence
				(A)In
			 generalThe term
			 primary residence means a single family house, a duplex, or a
			 unit within a multiple-dwelling structure that is an eligible veteran’s
			 principal dwelling and is owned by such veteran or a family member of such
			 veteran.
				(B)Family member
			 definedFor purposes of this paragraph, the term family
			 member includes—
					(i)a
			 spouse, child, grandchild, parent, or sibling;
					(ii)a
			 spouse of such a child, grandchild, parent, or sibling; or
					(iii)any individual
			 related by blood or affinity whose close association with a veteran is the
			 equivalent of a family relationship.
					(7)Qualified
			 organizationThe term
			 qualified organization means a nonprofit organization that
			 provides nationwide or State-wide programs that primarily serve veterans or
			 low-income individuals.
			(8)SecretaryThe term Secretary means the
			 Secretary of Housing and Urban Development.
			(9)VeteranThe term veteran has the
			 same meaning as given such term in section 101 of title 38, United States
			 Code.
			(10)Veterans
			 service organizationThe term veterans service
			 organization means any organization recognized by the Secretary of
			 Veterans Affairs for the representation of veterans under section 5902 of title
			 38, United States Code.
			3.Establishment of
			 a pilot program
			(a)Grant
				(1)In
			 generalThe Secretary shall
			 establish a pilot program to award grants to qualified organizations to
			 rehabilitate and modify the primary residence of eligible veterans.
				(2)CoordinationThe
			 Secretary shall work in conjunction with the Secretary of Veterans Affairs to
			 establish and oversee the pilot program and to ensure that such program meets
			 the needs of eligible veterans.
				(3)Maximum
			 grantA grant award under the pilot program to any one qualified
			 organization shall not exceed $1,000,000 in any one fiscal year, and such an
			 award shall remain available until expended by such organization.
				(b)Application
				(1)In
			 generalEach qualified
			 organization that desires a grant under the pilot program shall submit an
			 application to the Secretary at such time, in such manner, and, in addition to
			 the information required under paragraph (2), accompanied by such information
			 as the Secretary may reasonably require.
				(2)ContentsEach application submitted under paragraph
			 (1) shall include—
					(A)a plan of action
			 detailing outreach initiatives;
					(B)the approximate
			 number of veterans the qualified organization intends to serve using grant
			 funds;
					(C)a description of
			 the type of work that will be conducted, such as interior home modifications,
			 energy efficiency improvements, and other similar categories of work;
			 and
					(D)a plan for working
			 with the Department of Veterans Affairs and veterans service organizations to
			 identify veterans and serve their needs.
					(3)PreferencesIn awarding grants under the pilot program,
			 the Secretary shall give preference to a qualified organization—
					(A)with experience in
			 providing housing rehabilitation and modification services for disabled
			 veterans; or
					(B)that proposes to provide housing
			 rehabilitation and modification services for eligible veterans who live in
			 rural areas (the Secretary, through regulations, shall define the term
			 rural areas).
					(c)CriteriaIn order to receive a grant award under the
			 pilot program, a qualified organization shall meet the following
			 criteria:
				(1)Demonstrate
			 expertise in providing housing rehabilitation and modification services for
			 disabled or low-income individuals for the purpose of making the homes of such
			 individuals accessible, functional, and safe for such individuals.
				(2)Have established outreach initiatives
			 that—
					(A)would engage
			 eligible veterans and veterans service organizations in projects utilizing
			 grant funds under the pilot program; and
					(B)identify eligible
			 veterans and their families and enlist veterans involved in skilled trades,
			 such as carpentry, roofing, plumbing, or HVAC work.
					(3)Have an established nationwide or
			 State-wide network of affiliates that are—
					(A)nonprofit
			 organizations; and
					(B)able to provide
			 housing rehabilitation and modification services for eligible veterans.
					(4)Have experience in
			 successfully carrying out the accountability and reporting requirements
			 involved in the proper administration of grant funds, including funds provided
			 by private entities or Federal, State, or local government entities.
				(d)Use of
			 fundsA grant award under the
			 pilot program shall be used—
				(1)to modify and
			 rehabilitate the primary residence of an eligible veteran, and may
			 include—
					(A)installing wheelchair ramps, widening
			 exterior and interior doors, reconfigurating and re-equipping bathrooms (which
			 includes installing new fixtures and grab bars), removing doorway thresholds,
			 installing special lighting, adding additional electrical outlets and
			 electrical service, and installing appropriate floor coverings to—
						(i)accommodate the
			 functional limitations that result from having a disability; or
						(ii)if such residence does not have
			 modifications necessary to reduce the chances that an elderly, but not disabled
			 person, will fall in their home, reduce the risks of such an elderly person
			 from falling;
						(B)rehabilitating
			 such residence that is in a state of interior or exterior disrepair; and
					(C)installing energy efficient features or
			 equipment if—
						(i)an
			 eligible veteran’s monthly utility costs for such residence is more than 5
			 percent of such veteran’s monthly income; and
						(ii)an
			 energy audit of such residence indicates that the installation of energy
			 efficient features or equipment will reduce such costs by 10 percent or
			 more;
						(2)in connection with modification and
			 rehabilitation services provided under the pilot program, to provide technical,
			 administrative, and training support to an affiliate of a qualified
			 organization receiving a grant under such pilot program; and
				(3)for other purposes
			 as the Secretary may prescribe through regulations.
				(e)OversightThe
			 Secretary shall direct the oversight of the grant funds for the pilot program
			 so that such funds are used efficiently until expended to fulfill the purpose
			 of addressing the adaptive housing needs of eligible veterans.
			(f)Matching
			 funds
				(1)In
			 generalA qualified
			 organization receiving a grant under the pilot program shall contribute towards
			 the housing modification and rehabilitation services provided to eligible
			 veterans an amount equal to not less than 50 percent of the grant award
			 received by such organization.
				(2)In-kind
			 contributionsIn order to
			 meet the requirement under paragraph (1), such organization may arrange for
			 in-kind contributions.
				(g)Limitation cost
			 to the veteransA qualified
			 organization receiving a grant under the pilot program shall modify or
			 rehabilitate the primary residence of an eligible veteran at no cost to such
			 veteran (including application fees) or at a cost such that such veteran pays
			 no more than 30 percent of his or her income in housing costs during any month.
			(h)Reports
				(1)Annual
			 reportThe Secretary shall
			 submit to Congress, on an annual basis, a report that provides, with respect to
			 the year for which such report is written—
					(A)the number of
			 eligible veterans provided assistance under the pilot program;
					(B)the socioeconomic
			 characteristics of such veterans, including their gender, age, race, and
			 ethnicity;
					(C)the total number,
			 types, and locations of entities contracted under such program to administer
			 the grant funding;
					(D)the amount of
			 matching funds and in-kind contributions raised with each grant;
					(E)a description of
			 the housing rehabilitation and modification services provided, costs saved, and
			 actions taken under such program;
					(F)a description of
			 the outreach initiatives implemented by the Secretary to educate the general
			 public and eligible entities about such program;
					(G)a description of
			 the outreach initiatives instituted by grant recipients to engage eligible
			 veterans and veteran service organizations in projects utilizing grant funds
			 under such program;
					(H)a description of
			 the outreach initiatives instituted by grant recipients to identify eligible
			 veterans and their families; and
					(I)any other
			 information that the Secretary considers relevant in assessing such
			 program.
					(2)Final
			 reportNot later than 6 months after the completion of the pilot
			 program, the Secretary shall submit to Congress a report that provides such
			 information that the Secretary considers relevant in assessing the pilot
			 program.
				(i)Authorization of
			 appropriationsThere are
			 authorized to be appropriated for carrying out this Act $4,000,000 for each of
			 fiscal years 2013 through 2017.


116 S981 IS: Medicare-X Choice Act of 2019
U.S. Senate
2019-04-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 981
		IN THE SENATE OF THE UNITED STATES

			April 2, 2019
			Mr. Bennet (for himself, Mr. Kaine, Mr. Cardin, Ms. Klobuchar, Mr. Leahy, Ms. Smith, Ms. Stabenow, Ms. Harris, Mr. Booker, Mr. Peters, Mr. Durbin, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To establish a public health plan.

 1.Short titleThis Act may be cited as the Medicare-X Choice Act of 2019. 2.Establishment and administration of a public health planThe Social Security Act is amended by adding at the end the following new title:

				XXIIMedicare Exchange Health Plan
					2201.Establishment
						(a)Establishment of plan
 (1)In generalThe Secretary shall establish a coordinated and low-cost health plan, to be known as the Medicare Exchange health plan (referred to in this section as the health plan) to provide access to quality health care for enrollees. (2)Timeframe (A)Individual market availability (i)In generalIn accordance with clause (ii), the Secretary shall make the health plan available in the individual market, in certain rating areas, for plan year 2021 and each subsequent plan year, and increase the availability such that the plan is available in the individual market to all residents of all rating areas in the United States for plan year 2024 and each subsequent plan year.
 (ii)Priority areasIn determining in which rating areas the Secretary initially will make the health plan available, the Secretary shall give priority to rating areas in which—
 (I)not more than 1 health insurance issuer offers plans on the applicable State or Federal American Health Benefit Exchange (referred to in this title as the Exchange); or
 (II)there is a shortage of health providers or lack of competition that results in a high cost of health care services, including health professional shortage areas and rural areas.
 (B)Small group marketThe Secretary shall make the health plan available in the small group market in all rating areas for plan year 2025.
								(b)Establishment of funds
							(1)Plan Reserve Fund
 (A)In generalThere is established in the Treasury of the United States a Plan Reserve Fund, to be administered by the Secretary of Health and Human Services, for purposes of establishing the Medicare Exchange health plan and administering such plan, consisting of amounts appropriated to such fund.
 (B)AppropriationThere is appropriated $1,000,000,000, out of monies in the Treasury not otherwise obligated, to the Plan Reserve Fund for fiscal year 2020.
 (2)Data and Technology FundThere is established in the Treasury of the United States a Data and Technology Fund, to be administered by the Secretary of Health and Human Services, acting through the Chief Actuary of the Centers for Medicare & Medicaid Services, for purposes of updating technology and performing data collection under section 2205 in order to establish appropriate premiums for all geographic regions of the United States. There are authorized to be appropriated to the Data and Technology Fund such sums as may be necessary for fiscal year 2020.
 (c)RulemakingThe Secretary may promulgate such regulations as may be necessary to carry out this title. 2202.Availability of plan (a)EligibilityAn individual shall be eligible to enroll in the health plan if such individual, for the entire period for which enrollment is sought—
 (1)is a qualified individual within the meaning of section 1312 of the Patient Protection and Affordable Care Act (42 U.S.C. 18032); and
 (2)is not eligible for benefits under the Medicare program under title XVIII. (b)ExchangesIn accordance with the timeframe under section 2201(a)(2), the health plan shall be made available through the American Health Benefit Exchanges described in sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041), including the Small Business Health Options Program Exchange.
						2203.Plan requirements
 (a)General requirementsThe health plan shall comply with all requirements, as applicable, of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) and title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) applicable to qualified health plans, and such health plan shall be a qualified health plan, including for purposes of the Internal Revenue Code of 1986.
 (b)Levels of coverageThe Secretary— (1)shall make available a silver level and gold level version of the plan, in accordance with section 1301(a)(1)(C)(ii); and
 (2)may make available no more than 2 versions of the plan for each of the 4 levels of coverage described in subparagraphs (A) through (D) of section 1302(d)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(1)).
							2204.Administrative contracting
 (a)In generalThe Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A) with respect to the health plan in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A with respect to title XVIII.
 (b)Transfer of insurance riskAny contract under subsection (a) shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary, except in the case of an alternative payment model under section 2209(h).
 2205.Data collectionSubject to all applicable privacy requirements, including the requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), the Secretary may collect data from State insurance commissioners and other relevant entities to establish rates for premiums and for other purposes including to improve quality, and reduce racial, ethnic, and other disparities, with respect to the health plan.
					2206.Premiums; risk pool
						(a)Setting premiums
 (1)In generalThe Secretary shall establish premiums for the health plan that cover the full actuarial cost of offering such plan, including the administrative costs of offering such plan. Such premiums shall vary geographically and between the small group market and the individual market in accordance with differences in the cost of providing such coverage. If, for any plan year, the amount collected in premiums exceeds the amount required for health care benefits and administrative costs in that plan year, such excess amounts shall remain available to the Secretary to administer the health plan and finance beneficiary costs in subsequent years.
 (2)Initial plan yearFor plan year 2021, the Secretary shall set premiums for the health plan for each rating area in which the health plan is available for such plan year, taking into consideration the premium rates for plans offered in each such rating area for plan year 2020.
 (b)Risk poolAfter plan year 2021, all enrollees in the health plan within a State shall be members of a single risk pool, except that the Secretary may establish separate risk pools for the individual market and small group market if the State has not exercised its authority under section 1312(c)(3) of the Patient Protection and Affordable Care Act.
						2207.Reimbursement rates
						(a)Medicare rates
 (1)In generalExcept as provided in paragraph (2) and subsections (b) and (c) and subject to subsection (d), the Secretary shall reimburse health care providers furnishing items and services under the health plan at rates determined for equivalent items and services under the original Medicare fee-for-service program under parts A and B of title XVIII.
 (2)Authority to increase payments rates in rural areasIf the Secretary determines appropriate, the Secretary may increase the reimbursements rates described in paragraph (1) by up to 25 percent for items and services furnished in rural areas (as defined in section 1886(d)(2)(D)).
 (b)Prescription drugsSubject to subsection (d), payment rates for prescription drugs shall be at a rate negotiated by the Secretary. Such negotiations may be in conjunction with negotiations for covered part D drugs under part D of title XVIII.
 (c)Additional items and servicesSubject to subsection (d), the Secretary shall establish reimbursement rates for any items and services provided under the health plan that are not items and services provided under the original Medicare fee-for-service program under parts A and B of title XVIII.
 (d)Innovative payment methodsThe Secretary may utilize innovative payment methods, including value-based payment arrangements, in making payments for items and services (including prescription drugs) furnished under the health plan.
						2208.Participating providers
 (a)Requirement To participate in order To be enrolled under MedicareSubject to subsection (d), beginning January 1, 2021, a health care provider may not be enrolled under the Medicare program under section 1866(j) unless the provider is also a participating provider under the health plan.
 (b)Requirement To participate in order To participate in MedicaidSubject to subsection (d), beginning January 1, 2021, a health care provider may not be a participating provider under a State Medicaid plan under title XIX unless the provider is also a participating provider under the health plan.
 (c)Additional providersThe Secretary shall establish a process to allow health care providers not described in subsection (a) or (b) to become a participating provider under the health plan.
 (d)Opt-OutThe Secretary shall establish a process by which a health care provider described in subsection (a) or (b) may opt out of being a participating provider under the health plan.
						2209.Delivery system reform for an enhanced health plan
 (a)In generalFor plan years beginning with plan year 2021, the Secretary may utilize innovative payment mechanisms and policies to determine payments for items and services under the health plan. The payment mechanisms and policies under this section may include patient-centered medical home and other care management payments, accountable care organizations, accountable communities for health, value-based purchasing, bundling of services, differential payment rates, performance or utilization based payments, telehealth, remote patient monitoring, partial capitation, and direct contracting with providers.
 (b)Requirements for innovative paymentsThe Secretary shall design and implement the payment mechanisms and policies under this section in a manner that—
 (1)seeks to— (A)improve health outcomes;
 (B)reduce health disparities (including racial, ethnic, and other disparities); (C)provide efficient and affordable care;
 (D)address geographic variation in the provision of health services; or (E)prevent or manage chronic illness; and
 (2)promotes care that is integrated, patient-centered, quality, and efficient. (c)Encouraging the use of high value servicesTo the extent allowed by the benefit standards applied to all health benefits plans participating in the Exchanges (as described in section 2202(b)), the health plan may modify cost-sharing and payment rates to encourage the use of services that promote health and value.
 (d)Promotion of delivery system reformThe Secretary shall monitor and evaluate the progress of payment and delivery system reforms under this section and shall seek to implement such reforms subject to the following:
 (1)To the extent that the Secretary finds a payment and delivery system reform successful in improving quality and reducing costs, the Secretary shall implement such reform on as large a geographic scale as practical and economical.
 (2)The Secretary may delay the implementation of such a reform in geographic areas in which such implementation would place the public health insurance option at a competitive disadvantage.
 (3)The Secretary may prioritize implementation of such a reform in high-cost geographic areas or otherwise in order to reduce total program costs or to promote high value care.
 (e)Non-Uniformity permittedNothing in this section shall prevent the Secretary from varying payments based on different payment structure models (such as accountable care organizations and medical homes) under the health plan for different geographic areas.
						(f)Integration with social services
 (1)In generalThe Secretary shall establish processes and, when appropriate, collaborate with other agencies to integrate medical care under the health plan with food, housing, transportation, and income assistance if the Secretary determines that such integration is expected to—
 (A)reduce spending without reducing the quality of patient care; or (B)improve the quality of patient care without increasing spending.
								(2)Authorization of a grant program
 (A)In generalThe Secretary may establish a grant program to permit broader experimentation with accountable communities for health model.
 (B)Eligible recipientsThe Secretary may award a grant under this section to— (i)an institution of higher learning (as defined in section 3452(f) of title 38, United States Code);
 (ii)a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) or health care agency;
 (iii)a nonprofit entity that the Secretary determines has a demonstrated history of community engagement; or
 (iv)any other entity, as the Secretary determines appropriate. (C)Use of fundsA recipient of a grant under this section may use the grant to—
 (i)support community needs assessment; (ii)establish social service partnerships; or
 (iii)establish interactive data systems across health and social service providers. (D)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
 (3)RegulationsIf the Secretary establishes a grant program under this section, the Secretary shall promulgate regulations on—
 (A)the evaluation of applications for grants under the program; and (B)administration of the program.
 (g)TelehealthThe Secretary shall ensure the integration of telehealth tools that increase patient access to medical care, particularly in remote or underserved areas, if the Secretary determines that such integration is expected to—
 (1)reduce spending without reducing the quality of patient care; or (2)improve the quality of patient care without increasing spending.
							(h)Alternative payment model
 (1)In generalThe Secretary shall evaluate the possibility of providing incentives, and, if appropriate, apply incentives, for enrollees in the health plan who receive services from providers who are participating in an alternative payment model (as defined in section 1833(z)(3)(C)).
 (2)Authority to use apms in use under traditional MedicareNothing in this section shall preclude the Secretary from using alternative payment models (as so defined) under this title that are in use under title XVIII.
 2210.No effect on Medicare benefits or Medicare Trust FundsNothing in this title shall— (1)affect the benefits available under title XVIII; or
 (2)impact the Federal Hospital Insurance Trust Fund under section 1817 or the Federal Supplementary Medical Insurance Trust Fund under section 1841 (including the Medicare Prescription Drug Account within such Trust Fund)..
		3.Reinsurance
 (a)In generalThe Secretary of Health and Human Services shall establish a mechanism to pool, on a nationwide basis, the costs of the highest-cost patients enrolled in individual health insurance coverage (as defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91)) offered on or off the Exchanges, to the extent such costs are not already pooled pursuant to section 1343 of the Patient Protection and Affordable Care Act (42 U.S.C. 18063), for the purpose of reducing premiums for such individual health insurance coverage.
 (b)Authorization of appropriationsFor purposes of carrying out paragraph (1), there is authorized to be appropriated $10,000,000,000 for each of fiscal years 2021, 2022, and 2023.
			4.Expansion of tax credit
 (a)In generalSubparagraph (A) of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking but does not exceed 400 percent. (b)Applicable percentages Clause (i) of section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended to read as follows:

 (i)In generalThe applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier:

									In the case of household income (expressed as a percent of poverty line) within the following
			 income tier:The initial premium percentage is—The final premium percentage is—

									Up to 138 percent1.51.5
									138  percent up to 150 percent2.53.5
									150 percent  up to 200 percent3.55.8
									200 percent up to 250 percent5.87.55
									250 percent up to 300 percent7.559.0
									300 percent up to 400 percent9.09.0
									400 percent up to 600 percent9.013.0
									600 percent and up13.013.0..
 (c)Limitation on recaptureClause (i) of section 36B(f)(2)(B) of the Internal Revenue Code of 1986 is amended— (1)by striking In the case of a taxpayer and all that follows through the amount of the increase and inserting The amount of the increase;
 (2)by striking the period at the end of the last row of the table; and (3)by adding at the end of the table the following new row:

									400 percent and up$5,000..
 (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 5.Authority to negotiate fair prices for Medicare prescription drugs (a)In generalSection 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i).
 (b)Effective dateThe amendment made by this section shall take effect on the date of the enactment of this Act.


		IV
		112th CONGRESS
		1st Session
		H. RES. 265
		IN THE HOUSE OF REPRESENTATIVES

			May 11, 2011
			Ms. Bordallo (for
			 herself, Mr. Honda,
			 Mr. Faleomavaega,
			 Mr. Wu, Mr. Pierluisi, Mrs.
			 Maloney, Mr. Connolly of
			 Virginia, Mrs.
			 Christensen, Ms. Lee of
			 California, Mr. Grijalva,
			 Mr. Al Green of Texas,
			 Mr. Scott of Virginia,
			 Mr. Sablan, and
			 Mr. McDermott) submitted the following
			 resolution; which was referred to the Committee on Energy and
			 Commerce

		RESOLUTION
		Supporting the goals and ideals of National
		  Asian and Pacific Islander HIV/AIDS Awareness Day.

		Whereas Asian Americans, Native Hawaiians, and Pacific
			 Islanders constitute diverse communities including over 50 different ethnic
			 sub-groups speaking over 100 languages and dialects;
		Whereas recent analysis of Centers for Disease Control and
			 Prevention (CDC) data has revealed that Asian Americans and Pacific Islanders
			 were the only ethnic groups with a statistically significant increase in new
			 HIV diagnoses (4.4 percent) between 2001 and 2008;
		Whereas the number of HIV/AIDS diagnoses among young Asian
			 American, Native Hawaiian, and Pacific Islander men who have sex with men, aged
			 13 to 24 increased by 255.6 percent, the largest increase compared to young men
			 who have sex with men of all other ethnic groups;
		Whereas with increasing rates of infection, Asian
			 Americans, Native Hawaiians, and Pacific Islanders continue to have the lowest
			 rates of accessing HIV testing (30.5 percent);
		Whereas the CDC estimates that 1 in 3 Asian Americans,
			 Native Hawaiians, and Pacific Islanders living with HIV/AIDS are unaware they
			 are infected with HIV;
		Whereas 37 percent of HIV diagnoses among Asian Americans,
			 Native Hawaiians, and Pacific Islanders progressed to AIDS in less than 12
			 months;
		Whereas the CDC estimates that over 9,000 AIDS cases have
			 been diagnosed among Asian Americans, Native Hawaiians, and Pacific
			 Islanders;
		Whereas significant barriers remain for accessing
			 culturally and linguistically competent services, especially HIV
			 testing;
		Whereas HIV/AIDS stigma and discrimination continues to be
			 a growing problem in all communities, including the Asian American, Native
			 Hawaiian, and Pacific Islander community;
		Whereas HIV/AIDS stigma and discrimination increases
			 risk-taking behavior and prevents people from accessing the HIV/AIDS services
			 and support they need;
		Whereas the National HIV/AIDS Strategy released in July
			 2010 established the three primary goals of reducing HIV incidence, increasing
			 access to care, and optimizing health outcomes and reducing HIV-related health
			 disparities, including specific strategies focused on Asian American, Native
			 Hawaiian, and Pacific Islander populations, such as targeted and disaggregated
			 surveillance and stigma prevention efforts and interventions targeted to the
			 men who have sex with men community;
		Whereas the development of the Minority AIDS Initiative in
			 1998 to coordinate funding, capacity building, and prevention, care, and
			 treatment services within African-American, Hispanic, Asian American, Pacific
			 Islander, and Native American communities has assisted with the development of
			 leadership in minority community-based organizations, provided culturally and
			 linguistically competent HIV/AIDS prevention, care, and treatment services,
			 developed community capacity and infrastructure, promoted technical assistance
			 and resources, and raised awareness among Asian American, Native Hawaiian, and
			 Pacific Islander communities; and
		Whereas, on May 19, 2011, community members from all
			 ethnic groups will come together in recognition of the seventh annual National
			 Asian and Pacific Islander HIV/AIDS Awareness Day: Now, therefore, be it

		That the House of
			 Representatives—
			(1)supports the observance of National Asian
			 American and Pacific Islander HIV/AIDS Awareness Day in order to honor the
			 memory of the 3,408 Asian Americans, Native Hawaiians, and Pacific Islanders
			 with AIDS in the United States who have died, as well as the 9,000 Asian
			 Americans and Pacific Islanders who are still living with HIV/AIDS;
			(2)recognizes the
			 importance of culturally and linguistically competent services as a core
			 element in reducing HIV/AIDS rates in Asian American, Native Hawaiian, and
			 Pacific Islander communities;
			(3)recognizes the importance of addressing the
			 gaps in research and data in order to fully understand the HIV/AIDS epidemic in
			 Asian American, Native Hawaiian, and Pacific Islander communities; and
			(4)recognizes the people across the United
			 States infected and affected by HIV/AIDS who are commemorating this day with
			 community-wide activities and who work to reduce the impact of HIV/AIDS on
			 Asian American, Native Hawaiian, and Pacific Islander communities across the
			 United States and the United States affiliated Pacific Island
			 jurisdictions.


117 HR 1678 IH: Parks, Jobs, and Equity Act
U.S. House of Representatives
2021-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1678IN THE HOUSE OF REPRESENTATIVESMarch 9, 2021Ms. Barragán (for herself, Mr. Turner, and Mr. Neguse) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID–19.1.Short titleThis Act may be cited as the Parks, Jobs, and Equity Act.2.DefinitionsIn this Act:(1)Eligible entityThe term eligible entity means—(A)a city or town of a State or territory of the United States, or an Indian Tribe, that—(i)represents or otherwise serves a qualifying urban area; or(ii)has a population of 30,000 or more in the most recent census; (B)a special purpose district serving—(i)a qualifying urban area; or(ii)a city or town with a population of 30,000 or more in the most recent census and managing open space for public recreation; and(C)the District of Columbia.(2)Indian TribeThe term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(3)Low-income communityThe term low-income community means any census block group in which 51 percent or more households have an annual income equal at or below 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development.(4)Parks, jobs and equity programThe term Parks, Jobs, and Equity Program means the program established under section 3(a).(5)Poverty levelThe term poverty level means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget.(6)Qualifying urban areaThe term qualifying urban area means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census.(7)SecretaryThe term Secretary means the Secretary of the Interior.3.Grants authorized(a)In generalThe Secretary shall establish the Parks, Jobs, and Equity Program to support park development and delivery of recreation services, and in so doing, help create or preserve jobs, and provide economic stimulus in communities impacted by COVID–19.(b)FundingThe Secretary, acting through the Parks, Jobs, and Equity Program, shall provide funding to States, territories, the District of Columbia, and Indian Tribes according to the following formula:(1)49 percent divided equally among the States. For the purposes of this paragraph, the District of Columbia and the territories of the United States shall collectively be treated as a single State and shall receive shares of apportionment in proportion to qualifying urban areas.(2)49 percent divided proportionally among States based on each State’s share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census.(3)2 percent for competitive grants to be awarded by the Secretary to Indian Tribes that qualify as an eligible entity.4.Allocation(a)Amounts to States, Territories, and the District of ColumbiaThe Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows:(1)Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community.(2)Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000.(3)Not more than 2.5 percent of funds may be used for administrative expenses of the State, territory, or the District of Columbia. (4)Not more than 10 percent of funds provided to an eligible entity may be used for administrative expenses.(b)Amounts to Indian Tribes(1)AmountGrant amounts under this Act to an eligible Indian Tribe shall be not less than $50,000 and not more than $1,000,000.(2)Administrative expensesAn Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses.(c)Timing(1)Distribution of fundsThe Secretary shall distribute funds made available to carry out this Act not more than 45 days after such funds are made available to the Secretary.(2)Application proceduresThe Governors or Executive Officers of States and territories and the governing body of each Indian Tribe shall—(A)devise accelerated application procedures by which eligible entities may apply for funds under this Act;(B)inform eligible entities and low-income communities about the opportunity to apply for funds under this Act, the application procedures by which eligible entities may apply for funds, and the eligible uses for funding;(C)distribute funds to eligible entities not later than 180 days after distribution from the Secretary; and(D)direct each eligible entity that receives funds under this Act to spend such funds not later than 2 years after the funds are made available to that eligible entity.(3)ExtensionGovernors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown.5.Eligible uses(a)In generalA grant recipient may use a grant awarded under this Act—(1)to acquire land or water that will be used to provide outdoor recreation opportunities to the public;(2)to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public;(3)to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and(4)to develop native event sites and cultural gathering spaces.(b)PrioritiesPriority shall be given to projects that—(1)create or significantly enhance park and recreational opportunities for a community in a qualifying urban area that lacks parks and/or outdoor recreation areas within one-half mile or a 10-minute walk;(2)improve outdoor recreation opportunities for high-need populations based on income, age, or other measures of vulnerability and need;(3)provide opportunities for employment or job training either in park construction or rehabilitation or delivery of recreation services;(4)engage and empower underserved communities and youth; and(5)take advantage of coordination among various levels of government.(c)Limitations on useA grant recipient may not use grant funds for—(1)maintenance activities;(2)facilities that support semiprofessional or professional athletics;(3)indoor facilities such as recreation centers or facilities that support primarily nonoutdoor purposes;(4)activities that are not in accordance with Comprehensive State Plans under section 200305 of title 54, United States Code; or(5)acquisition of land or interests in land that restrict access to specific persons.6.Reporting(a)RequirementEach year that a State or Territory that receives a grant under this Act shall submit to the Secretary performance and financial reports that—(1)summarize the status of and activities conducted under each subgrant during the report period; and(2)provide a description of each subgrant project’s accomplishments and impact during the report period, such as new park access opportunities, new recreation opportunities (facilities and services), jobs created, and other community benefits.(b)Availability to CongressThe Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources.7.Authorization of appropriationsThere are authorized to be appropriated to the Secretary for the purposes of this Act, $500,000,000, to remain available until expended.


117 HR 4589 IH: Diversity and Inclusion at the Department of State 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. 4589IN THE HOUSE OF REPRESENTATIVESJuly 21, 2021Mr. Castro of Texas (for himself, Mrs. Torres of California, Ms. Bass, Ms. Chu, Ms. Titus, Ms. Escobar, Mr. Carson, Mr. Sires, Mr. García of Illinois, Mr. Cohen, Mr. Espaillat, Mr. Huffman, Mr. Lieu, Mr. Connolly, Mr. Pocan, Mr. Kim of New Jersey, Mr. Johnson of Georgia, Ms. Jacobs of California, Mr. Case, Mr. Khanna, Mr. McGovern, Mr. Cicilline, Ms. Lee of California, Mr. Torres of New York, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo amend the State Department Basic Authorities Act of 1956 to establish in the Department of State a Chief Diversity and Inclusion Officer and the Foreign Service Act of 1980 to promote increased diversity and inclusion in the Foreign Service, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Diversity and Inclusion at the Department of State Act.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definition.Title I—Chief Diversity and Inclusion OfficerSec. 101. Chief Diversity and Inclusion Officer.Title II—Diversity in the Foreign Service and at the Department of StateSec. 201. Representation on Board of Examiners for the purposes of recruitment into the Foreign Service.Sec. 202. Promotion in the Foreign Service.Sec. 203. Mentorship program.Sec. 204. Senior Executive Service candidate development program.Sec. 205. Diversity defined in the Foreign Service Act of 1980.2.DefinitionIn this Act, the term diversity means those classes of persons protected under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).IChief Diversity and Inclusion Officer101.Chief Diversity and Inclusion Officer(a)EstablishmentSection 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsections:(i)Chief Diversity and Inclusion Officer(1)In generalThere is established in the Department of State, in the office of the Deputy Secretary of State, a Chief Diversity and Inclusion Officer, who shall—(A)be appointed by the President;(B)serve as the principal advisor to the Secretary of State on issues related to diversity and inclusion at the Department of State; and(C)report directly to the Secretary of State.(2)DutiesThe Chief Diversity and Inclusion Officer shall be responsible for the following:(A)Developing, implementing, and updating a diversity and inclusion strategic plan of the Department of State to eliminate barriers to the recruitment, promotion, and retention of traditionally underrepresented groups and to promote the implementation of diversity and inclusion practices and policies throughout the Department.(B)Establishing criteria and goals for individual offices and bureaus regarding assignments of personnel, in coordination with the Director General of the Foreign Service, to promote diversity and inclusion at the Department of State, and conducting annual reviews of individual bureaus on their actions taken to satisfy such criteria and goals.(C)Serving as a permanent member of any departmental committees responsible for the selection of chiefs of mission and deputy chiefs of mission.(D)Serving as the Executive Secretary for the Diversity and Inclusion Leadership Council established in subsection (i).(E)Reviewing the implementation and effectiveness of the Department of State’s accountability mechanisms in eliminating discrimination and harassment.(F)Promoting mentorship and sponsorship for members belonging to traditionally underrepresented groups who are working for the Department of State.(G)Collaborating with appropriate counterparts from other Federal departments and agencies and the private sector, to share best practices and lessons learned with respect to promoting diversity and inclusion.(3)Rank and statusThe Chief Diversity and Inclusion Officer shall be rank equivalent to an Assistant Secretary of State.(4)Bureau senior advisorsThe Secretary of State shall appoint in each bureau of the Department of State a Senior Advisor with respect to matters relating to diversity and inclusion, to—(A)serve as the principal advisor for such bureau and report directly to the Principal Deputy Assistant Secretary; and (B)coordinate with the Chief Diversity and Inclusion Officer the activities of such bureau.(5)Authority to collect informationTo carry out the duties described in paragraph (2), the Chief Diversity and Inclusion Officer is authorized to—(A)collect and share with Department of State leadership, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and Federal departments and agencies, and, as appropriate, with Employee Affinity Groups, foreign affairs professional associations, and other organizations non-personally identifiable information on diversity in recruiting, hiring, assignments, promotions, attrition, and security clearances, including assignment restrictions, within the Department, including data disaggregated by race, ethnicity, national origin, and gender, and by office and bureau; and(B)appoint subject matter experts in accordance with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) to analyze data, draft reports, and perform other tasks as directed by the Chief Diversity and Inclusion Officer.(6)ReportingNot later than January 30 of every year, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report—(A)detailing the criteria and goals for individual offices and bureaus of the Department of State with respect to diversity and inclusion;(B)assessments by the Chief Diversity and Inclusion Officer on the performance over the previous year of each such office and bureau to satisfy such criteria and goals; and(C)containing any other relevant information.(7)DefinitionIn this subsection and subsection (j) (relating to the Diversity and Inclusion Leadership Council), the term diversity means those classes of persons protected under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).(j)Diversity and Inclusion Leadership Council(1)EstablishmentThe Secretary of State shall establish a Diversity and Inclusion Leadership Council to coordinate the implementation of the Department of State’s diversity and inclusion strategic plans, initiatives, and policies.(2)ChairThe Diversity and Inclusion Leadership Council shall be chaired by the Secretary of State. In the Secretary’s absence, the Chief Diversity and Inclusion Officer shall perform the duties of the chair.(3)CompositionThe Diversity and Inclusion Leadership Council shall include the following:(A)The Secretary of State.(B)The Chief Diversity and Inclusion Officer.(C)The Director General of Global Talent Management.(D)One individual from each Bureau, at the rank of Deputy Assistant Secretary of State or above.(E)Any other individual determined appropriate by the Secretary of State.(4)TermMembers of the Diversity and Inclusion Leadership Council shall be appointed in accordance with this subsection for a period of time as determined by the Secretary of State..(b)TransitionThe individual serving as Chief Diversity and Inclusion Officer of the Department of State may continue to serve in such position until such time as the appointment of the Chief Diversity and Inclusion Officer of the Department in accordance with subsection (i) of section 1 of the State Department Basic Authorities Act of 1956, as added by subsection (a).(c)Sense of CongressIt is the sense of Congress that the Chief Diversity and Inclusion Officer of the Department of State established pursuant to subsection (i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should be provided sufficient office space and support staff to ensure successful operation.IIDiversity in the Foreign Service and at the Department of State201.Representation on Board of Examiners for the purposes of recruitment into the Foreign ServiceIt is the sense of Congress that the Department of State Board of Examiners should reflect the diversity of the United States to facilitate the entry into the Foreign Service of individuals who satisfy the rigorous requirements of the Service and reflect the diversity of the American people.202.Promotion in the Foreign ServiceThe Foreign Service Act of 1980 is amended—(1)in section 602 (22 U.S.C. 4002), by adding at the end the following new subsection:(d)Not later than January 31 of each year, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that—(1)details the demographic composition of selection boards under this section and the Board of Examiners for the Foreign Service under section 211 convened in the previous year;(2)may include information on the diversity of the members of such boards; and(3)includes any other information the Secretary determines relevant.; and(2)in section 603 (22 U.S.C. 4003)—(A)in subsection (a), in the second sentence, by inserting testimony from peers and subordinates, after supervisors,; and(B)in subsection (b)—(i)in paragraph (1), by striking , or and inserting ; or; (ii)by redesignating paragraphs (1) and (2) as paragraphs (3) and (4), respectively; and(iii)by inserting before paragraph (3), as so redesignated, the following new paragraphs:(1)a record of supporting the recruitment and career development goals of members of the Foreign Service, such as serving as a mentor in mentorship program under section 709, participation in recruitment activities, or serving on the Board of Examiners or on selection boards;(2)a record of promoting and supporting diversity and inclusion at the Department of State, including in management practices;.203.Mentorship program(a)In generalThe Foreign Service Act of 1980 is amended by inserting after section 708 (22 U.S.C. 4028) the following new sections:709.Mentorship program(a)The Secretary of State shall establish in the Department of State a mentorship program to match interested participants who are—(1)entry-level members of the Foreign Service; and(2)mid-level members of the Foreign Service.(b)Individuals participating in the mentorship program under this section should participate for a minimum of two years.(c)The mentorship program established under this section may include members of Employee Affinity Groups as mentors, in addition to other individuals selected by the Secretary of State.(d)Service as a mentor in the mentorship program may be considered as satisfying the criteria described in section 603(b)(1)..(b)Clerical amendmentThe table of contents in section 2 of the Foreign Service Act is amended by inserting after the item relating to section 707 the following new items:Sec. 708. Training for Foreign Service officers. Sec. 709. Mentorship program..(c)Mentorship program for civil service(1)In generalThe Secretary of State shall establish a mentorship program to match mentors with interested participants who are—(A)members of the civil service at the GS–12 level and below; and(B)members of the civil service from at the GS–13 level to the GS–15 level.(2)DurationIndividuals participating in the civil service mentorship program under paragraph (1) should participate for a minimum of two years.(3)Inclusion of Employee Affinity GroupsMembers of Employee Affinity Groups and other individuals selected by the Secretary of State may serve as mentors in the civil service mentorship program under paragraph (1).204.Senior Executive Service candidate development program(a)In generalThe Secretary of State shall offer the Senior Executive Service Candidate Development Program every three years to members of the civil service at the Department of State at the GS–14 and GS–15 levels.(b)ReportThe Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, at the same time as each report required under section 313 of the Foreign Service Act of 1980, as added by section 2(a)(2), a report detailing disaggregated demographic information of candidates referred by each bureau of the Department of State to interview for the Senior Executive Service, including demographic information, disaggregated by bureau, relating to the diversity of such candidates.205.Diversity defined in the Foreign Service Act of 1980Section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902) is amended by—(1)redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; and(2)inserting after paragraph (4) the following new paragraph:(5)diversity has the meaning given such term in subsection (i) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a);.


		IV
		112th CONGRESS
		2d Session
		H. RES. 544
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2012
			Mr. Rothman of New
			 Jersey (for himself, Ms. Clarke of New
			 York, Mr. Pierluisi,
			 Mr. Nadler,
			 Mr. Meeks,
			 Mr. Cohen,
			 Mr. Serrano,
			 Mr. Owens,
			 Mr. Israel,
			 Mr. Towns,
			 Mr. Sires,
			 Mr. Bishop of New York,
			 Mrs. Lowey,
			 Mr. Engel,
			 Mr. Ruppersberger,
			 Mrs. Maloney,
			 Mr. Pallone,
			 Mr. Ackerman,
			 Mr. Pascrell,
			 Mr. Hinchey,
			 Mr. Grimm,
			 Mr. Hanna,
			 Mrs. McCarthy of New York,
			 Mr. Reed, Mr. Payne, Mr.
			 Holt, and Mr. Murphy of
			 Connecticut) submitted the following resolution; which was referred
			 to the Committee on Oversight and
			 Government Reform

		RESOLUTION
		Congratulating the National Football League
		  champion New York Giants for winning Super Bowl XLVI.

		Whereas, on February 5, 2012, in Indianapolis, Indiana,
			 the New York Giants defeated the New England Patriots by a score of 21 to 17 in
			 Super Bowl XLVI to win the National Football League Championship;
		Whereas the New England Patriots had a tremendous season,
			 winning the American Football Conference Eastern Division and representing the
			 American Football Conference in the Super Bowl;
		Whereas during the postseason for the 2011–2012 regular
			 season, the Giants defeated an Atlanta Falcons team with a regular season
			 record of 10 wins and 6 losses, a Green Bay Packers team with a regular season
			 record of 15 wins and 1 loss, a San Francisco 49ers team with a regular season
			 record of 13 wins and 3 losses, and a New England Patriots team with a regular
			 season record of 13 wins and 3 losses, thus becoming the first team to beat 4
			 teams in the playoffs with regular season records better than their own;
		Whereas the Giants have been the model of resilience this
			 season by overcoming both injury and adversity, having to place 13 players on
			 injured reserve and becoming the first team to win the Super Bowl after losing
			 7 games in the regular season;
		Whereas quarterback Elisha Nelson Eli
			 Manning, who completed 30 passes for 296 yards and 1 touchdown in the Super
			 Bowl, and who improved his record as a starting quarterback in the postseason
			 to 8 wins and 3 losses (and his record as a starting quarterback in the Super
			 Bowl to 2 wins and 0 losses), was voted the winner of the Pete Rozelle Trophy,
			 awarded to the Most Valuable Player of the Super Bowl, becoming the first
			 Giants player to win the award more than once and only the fifth player to do
			 so in National Football League history, proving that he is truly one of the
			 game’s elite quarterbacks;
		Whereas Tom Coughlin, in his eighth season as head coach
			 of the Giants, has led his team to the playoffs 5 times, and this season, with
			 the help of Defensive Coordinator Perry Fewell, Offensive Coordinator Kevin
			 Gilbride, and the entire Giants coaching staff, led the Giants to victory in
			 Super Bowl XLVI, proudly bringing the Vince Lombardi Trophy back to New
			 Jersey;
		Whereas the Giants organization is one of the most
			 successful in National Football League history, boasting 15 Hall of Fame
			 players, 28 postseason appearances, more than 600 wins, 18 National Football
			 League divisional championships, and 8 National Football
			 League championships, including remarkable title runs in 1987, 1991, 2008, and
			 2012 (Super Bowls XXI, XXV, XLII, and XLVI) that captivated fans in New York,
			 in New Jersey, and around the country;
		Whereas Giants owner and Chief Executive Officer John Mara
			 and Executive Vice President Steve Tisch have done a remarkable job leading
			 this storied franchise with the assistance and dedication of their talented
			 staff;
		Whereas the Giants have played all their home games in the
			 Meadowlands Sports Complex, located in East Rutherford, New Jersey, since 1976
			 and have supported Bergen County and the New York and northern New Jersey areas
			 with community outreach projects; and
		Whereas the entire Giants franchise has become a model of
			 professionalism, teamwork, and community service in representing the entire New
			 York and New Jersey metropolitan area: Now, therefore, be it

		That the House of Representatives
			 congratulates the National Football League champion New York Giants for winning
			 Super Bowl XLVI.


I
108th CONGRESS
2d Session
H. R. 4745
IN THE HOUSE OF REPRESENTATIVES

June 25, 2004
Mrs. Myrick introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Diresul Brown GN Liquid Crude.

1.Suspension of duty on Diresul Brown GN Liquid Crude
(a)In GeneralSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.35.04Diresul Brown GN Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50)FreeNo changeNo changeOn or before 12/31/2008
(b)Effective DateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4375
		IN THE HOUSE OF REPRESENTATIVES

			April 17, 2012
			Mr. Sam Johnson of
			 Texas introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To provide a taxpayer bill of rights for small
		  businesses.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Small Business Taxpayer Bill of
			 Rights Act of 2012.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Modification of standards for awarding of costs and
				certain fees.
					Sec. 3. Civil damages allowed for reckless or intentional
				disregard of internal revenue laws.
					Sec. 4. Modifications relating to certain offenses by officers
				and employees in connection with revenue laws.
					Sec. 5. Modifications relating to civil damages for
				unauthorized inspection or disclosure of returns and return
				information.
					Sec. 6. Interest abatement reviews.
					Sec. 7. Ban on ex parte discussions.
					Sec. 8. Alternative dispute resolution procedures.
					Sec. 9. Extension of time for contesting IRS levy.
					Sec. 10. Waiver of installment agreement fee.
					Sec. 11. Suspension of running of period for filing petition of
				spousal relief and collection cases.
					Sec. 12. Venue for appeal of spousal relief and collection
				cases.
					Sec. 13. Increase in monetary penalties for certain
				unauthorized disclosures of information.
					Sec. 14. De novo tax court review of claims for equitable
				innocent spouse relief.
					Sec. 15. Ban on raising new issues on appeal.

			2.Modification of
			 standards for awarding of costs and certain fees
			(a)Small businesses
			 eligible without regard to net worthSubparagraph (D) of section
			 7430(c)(4) of the Internal Revenue Code of 1986 is amended by striking
			 and at the end of clause (i), by striking the period at the end
			 of clause (ii) and inserting and, and by adding at the end the
			 following new clause:

					(iii)in the case of
				an eligible small business, the net worth limitation in clause (ii) of such
				section shall not
				apply.
					.
			(b)Eligible small
			 businessParagraph (4) of section 7430(c) of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 subparagraph:

					(F)Eligible small
				businessFor purposes of subparagraph (D)(iii), the term
				eligible small business means, with respect to any proceeding
				commenced in a taxable year—
						(i)a
				corporation the stock of which is not publicly traded,
						(ii)a
				partnership, or
						(iii)a sole
				proprietorship,
						if the
				average annual gross receipts of such corporation, partnership, or sole
				proprietorship for the 3-taxable-year period preceding such taxable year does
				not exceed $50,000,000. For purposes of applying the test under the preceding
				sentence, rules similar to the rules of paragraphs (2) and (3) of section
				448(c) shall
				apply..
			(c)Effective
			 dateThe amendments made by this section shall apply to
			 proceedings commenced after the date of the enactment of this Act.
			3.Civil damages
			 allowed for reckless or intentional disregard of internal revenue laws
			(a)Increase in
			 amount of damagesSection 7433(b) of the Internal Revenue Code of
			 1986 is amended by striking $1,000,000 ($100,000, in the case of
			 negligence) and inserting $3,000,000 ($300,000, in the case of
			 negligence).
			(b)Extension of
			 time To bring actionSection 7433(d)(3) of the Internal Revenue
			 Code of 1986 is amended by striking 2 years and inserting
			 5 years.
			(c)Effective
			 dateThe amendments made by this section shall apply to actions
			 of employees of the Internal Revenue Service after the date of the enactment of
			 this Act.
			4.Modifications
			 relating to certain offenses by officers and employees in connection with
			 revenue laws
			(a)Increase in
			 penaltySection 7214 of the Internal Revenue Code of 1986 is
			 amended—
				(1)by striking
			 $10,000 in subsection (a) and inserting $25,000,
			 and
				(2)by striking
			 $5,000 in subsection (b) and inserting
			 $10,000.
				(b)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of the enactment of this Act.
			5.Modifications
			 relating to civil damages for unauthorized inspection or disclosure of returns
			 and return information
			(a)Increase in
			 amount of damagesSubparagraph (A) of section 7431(c)(1) of the
			 Internal Revenue Code of 1986 is amended by striking $1,000 and
			 inserting $10,000.
			(b)Effective
			 dateThe amendment made by this section shall apply to
			 inspections and disclosure occurring on and after the date of the enactment of
			 this Act.
			6.Interest
			 abatement reviews
			(a)Filing period
			 for interest abatement cases
				(1)In
			 generalSubsection (h) of section 6404 of the Internal Revenue
			 Code of 1986 is amended—
					(A)by striking
			 Review of
			 denial in the heading and inserting
			 Judicial
			 review, and
					(B)by striking
			 ‘if such action is brought’ and all that follows in paragraph
			 (1) and inserting

							if such action is
			 brought—(A)at any time after
				the earlier of—
								(i)the date of the
				mailing of the Secretary's final determination not to abate such interest,
				or
								(ii)the date which is
				180 days after the date of the filing with the Secretary (in such form as the
				Secretary may prescribe) of a claim for abatement under this section,
				and
								(B)not later than the
				date which is 180 days after the date described in subparagraph
				(A)(i).
							.
					(2)Effective
			 dateThe amendments made by this subsection shall apply to claims
			 for abatement of interest filed with the Secretary after the date of the
			 enactment of this Act.
				(b)Small tax case
			 election for interest abatement cases
				(1)In
			 generalSubsection (f) of section 7463 of the Internal Revenue
			 Code of 1986 is amended—
					(A)by striking
			 and at the end of paragraph (1),
					(B)by striking the
			 period at the end of paragraph (2) and inserting , and,
			 and
					(C)by adding at the
			 end the following new paragraph:

							(3)a petition to the
				Tax court under section 6404(h) in which the amount of interest abatement
				sought does not exceed
				$50,000.
							.
					(2)Effective
			 dateThe amendments made by this subsection shall apply
			 to—
					(A)cases pending as
			 of the day after the date of the enactment of this Act, and
					(B)cases commenced
			 after such date of enactment.
					7.Ban on ex parte
			 discussions
			(a)In
			 generalNotwithstanding
			 section 1001(a)(4) of the Internal Revenue Service Restructuring and Reform Act
			 of 1998, the Internal Revenue Service shall prohibit any ex parte
			 communications between officers in the Internal Revenue Service Office of
			 Appeals and other Internal Revenue Service employees with respect to any matter
			 pending before such officers.
			(b)Termination of
			 employment for misconductSubject to subsection (c), the
			 Commissioner of Internal Revenue shall terminate the employment of any employee
			 of the Internal Revenue Service if there is a final administrative or judicial
			 determination that such employee committed any act or omission prohibited under
			 subsection (a) in the performance of the employee’s official duties. Such
			 termination shall be a removal for cause on charges of misconduct.
			(c)Determination of
			 commissioner
				(1)In
			 generalThe Commissioner of Internal Revenue may take a personnel
			 action other than termination for an act prohibited under subsection
			 (a).
				(2)DiscretionThe
			 exercise of authority under paragraph (1) shall be at the sole discretion of
			 the Commissioner of Internal Revenue and may not be delegated to any other
			 officer. The Commissioner of Internal Revenue, in his sole discretion, may
			 establish a procedure which will be used to determine whether an individual
			 should be referred to the Commissioner of Internal Revenue for a determination
			 by the Commissioner under paragraph (1).
				(3)No
			 appealAny determination of the Commissioner of Internal Revenue
			 under this subsection may not be appealed in any administrative or judicial
			 proceeding.
				(d)TIGTA reporting
			 of termination or mitigationSection 7803(d)(1)(E) of the
			 Internal Revenue Code of 1986 is amended by inserting or section 7 of
			 the Small Business Taxpayer Bill of Rights
			 Act of 2012 after 1998.
			8.Alternative
			 dispute resolution procedures
			(a)In
			 generalSection 7123 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new subsection:

					(c)Availability of
				dispute resolutions
						(1)In
				generalThe procedures prescribed under subsection (b)(1) and the
				pilot program established under subsection (b)(2) shall provide that a taxpayer
				may request mediation or arbitration in any case unless the Secretary has
				specifically excluded the type of issue involved in such case or the class of
				cases to which such case belongs as not appropriate for resolution under such
				subsection. The Secretary shall make any determination that excludes a type of
				issue or a class of cases public within 5 working days and provide an
				explanation for each determination.
						(2)Independent
				mediators
							(A)In
				generalThe procedures prescribed under subsection (b)(1) shall
				provide the taxpayer an opportunity to elect to have the mediation conducted by
				an independent, neutral individual not employed by the Office of
				Appeals.
							(B)Cost and
				selection
								(i)In
				generalAny taxpayer making an election under subparagraph (A)
				shall be required—
									(I)to share the costs
				of such independent mediator equally with the Office of Appeals, and
									(II)to limit the
				selection of the mediator to a roster of recognized national or local neutral
				mediators.
									(ii)ExceptionClause
				(i)(I) shall not apply to any taxpayer who is an individual or who was a small
				business in the preceding calendar year if such taxpayer had an adjusted gross
				income that did not exceed 250 percent of the poverty level, as determined in
				accordance with criteria established by the Director of the Office of
				Management and Budget, in the taxable year preceding the request.
								(iii)Small
				businessFor purposes of clause (ii), the term small
				business has the meaning given such term under section
				41(b)(3)(D)(iii).
								(3)Availability of
				processThe procedures prescribed under subsection (b)(1) and the
				pilot program established under subsection (b)(2) shall provide the opportunity
				to elect mediation or arbitration at the time when the case is first filed with
				the Office of Appeals and at any time before deliberations in the appeal
				commence.
						.
			(b)Effective
			 dateThe amendment made by this section shall take effect on the
			 date of the enactment of this Act.
			9.Extension of time
			 for contesting IRS levy
			(a)Extension of
			 time for return of property subject to levySubsection (b) of
			 section 6343 of the Internal Revenue Code of 1986 is amended by striking
			 9 months and inserting 3 years.
			(b)Period of
			 limitation on suitsSubsection (c) of section 6532 of the
			 Internal Revenue Code of 1986 is amended—
				(1)in paragraph (1)
			 by striking 9 months” and inserting ‘‘3 years, and
				(2)in paragraph (2)
			 by striking 9-month and inserting 3-year.
				(c)Effective
			 dateThe amendments made by this section shall apply to—
				(1)levies made after
			 the date of the enactment of this Act, and
				(2)levies made on or
			 before such date if the 9-month period has not expired under section 6343(b) of
			 the Internal Revenue Code of 1986 (without regard to this section) as of such
			 date.
				10.Waiver of
			 installment agreement fee
			(a)In
			 generalSection 6159 of the Internal Revenue Code of 1986 is
			 amended by redesignating subsection (f) as subsection (g) and by inserting
			 after subsection (e) the following new subsection:

					(f)Waiver of
				installment agreement feeThe Secretary shall waive the fees
				imposed on installment agreements under this section for any taxpayer with an
				adjusted gross income that does not exceed 250 percent of the poverty level, as
				determined in accordance with criteria established by the Director of the
				Office of Management and Budget, and who has agreed to make payments under the
				installment agreement by electronic payment through a debit
				instrument.
					.
			(b)Effective
			 dateThe amendment made by this section shall take effect on the
			 date of the enactment of this Act.
			11.Suspension of
			 running of period for filing petition of spousal relief and collection
			 cases
			(a)Petitions for
			 spousal relief
				(1)In
			 generalSubsection (e) of section 6015 of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 paragraph:

						(6)Suspension of
				running of period for filing petition in title 11 casesIn the
				case of an individual who is prohibited by reason of a case under title 11,
				United States Code, from filing a petition under paragraph (1)(A) with respect
				to a final determination of relief under this section, the running of the
				period prescribed by such paragraph for filing such a petition with respect to
				such final determination shall be suspended for the period during which the
				individual is so prohibited from filing such a petition, and for 60 days
				thereafter.
						.
				(2)Effective
			 dateThe amendment made by this subsection shall apply to
			 petitions filed under section 6015(e) of the Internal Revenue Code of 1986
			 after the date of the enactment of this Act.
				(b)Collection
			 proceedings
				(1)In
			 generalSubsection (d) of section 6330 of the Internal Revenue
			 Code of 1986 is amended—
					(A)by striking
			 appeal such determination to the Tax Court in paragraph (1) and
			 inserting petition the Tax Court for review of such
			 determination,
					(B)by striking
			 Judicial review of
			 determination in the heading of paragraph (1) and
			 inserting Petition for
			 review by Tax Court,
					(C)by redesignating
			 paragraph (2) as paragraph (3), and
					(D)by inserting after
			 paragraph (1) the following new paragraph:

							(2)Suspension of
				running of period for filing petition in title 11 casesIn the
				case of an individual who is prohibited by reason of a case under title 11,
				United States Code, from filing a petition under paragraph (1) with respect to
				a determination under this section, the running of the period prescribed by
				such subsection for filing such a petition with respect to such determination
				shall be suspended for the period during which the individual is so prohibited
				from filing such a petition, and for 30 days
				thereafter.
							.
					(2)Conforming
			 amendmentSubsection (c) of section 6320 of such Code is amended
			 by striking (2)(B) and inserting (3)(B).
				(3)Effective
			 dateThe amendments made by this subsection shall apply to
			 petitions filed under section 6330 of the Internal Revenue Code of 1986 after
			 the date of the enactment of this Act.
				12.Venue for appeal
			 of spousal relief and collection cases
			(a)In
			 generalParagraph (1) of section 7482(b) of the Internal Revenue
			 Code of 1986 is amended—
				(1)by striking
			 or at the end of subparagraph (E),
				(2)by striking the
			 period at the end of subparagraph (F) and inserting a comma, and
				(3)by inserting after
			 subparagraph (F) the following new subparagraphs:

						(G)in the case of a
				petition under section 6015(e), the legal residence of the petitioner,
				or
						(H)in the case of a
				petition under section 6320 or 6330—
							(i)the legal
				residence of the petitioner if the petitioner is an individual, and
							(ii)the principal
				place of business or principal office or agency if the petitioner is an entity
				other than an
				individual.
							.
				(b)Effective
			 dateThe amendments made by this section shall apply to petitions
			 filed after the date of the enactment of this Act.
			13.Increase in
			 monetary penalties for certain unauthorized disclosures of information
			(a)In
			 generalParagraphs (1), (2), (3), and (4) of section 7213(a) of
			 the Internal Revenue Code of 1986 are each amended by striking
			 $5,000 and inserting $10,000.
			(b)Effective
			 dateThe amendments made by this section shall apply to
			 disclosures made after the date of the enactment of this Act.
			14.De novo tax
			 court review of claims for equitable innocent spouse relief
			(a)In
			 generalSubparagraph (A) of section 6015(e)(1) of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new flush
			 sentence:

					Any
				review of a determination by the Secretary with respect to a claim for
				equitable relief under subsection (f) shall be reviewed de novo by the Tax
				Court..
			(b)Effective
			 dateThe amendment made by this section shall apply to petitions
			 filed or pending before the Tax Court on and after the date of the enactment of
			 this Act.
			15.Ban on raising
			 new issues on appeal
			(a)In
			 generalChapter 77 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new section:

					7529.Prohibition on
				Internal Revenue Service raising new issues in an internal appeal
						(a)In
				generalIn reviewing an appeal of any determination initially
				made by the Internal Revenue Service, the Internal Revenue Service Office of
				Appeals may not consider or decide any issue that is not within the scope of
				the initial determination.
						(b)Certain issues
				deemed outside of scope of determinationFor purposes of
				subsection (a), the following matters shall be considered to be not within the
				scope of a determination:
							(1)Any issue that was
				not raised in a notice of deficiency or an examiner's report which is the
				subject of the appeal.
							(2)Any deficiency in
				tax which was not included in the initial determination.
							(3)Any theory or
				justification for a tax deficiency which was not considered in the initial
				determination.
							(c)No inference
				with respect to issues raised by taxpayersNothing in this
				section shall be construed to provide any limitation in addition to any
				limitations in effect on the date of the enactment of this section on the right
				of a taxpayer to raise an issue, theory, or justification on an appeal from a
				determination initially made by the Internal Revenue Service that was not
				within the scope of the initial
				determination.
						.
			(b)Clerical
			 amendmentThe table of sections for chapter 77 of such Code is
			 amended by adding at the end the following new item:

						Sec. 7529. Prohibition on Internal Revenue Service raising new
				issues in an internal
				appeal.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to matters
			 filed or pending with the Internal Revenue Service Office of Appeals on or
			 after the date of the enactment of this Act.