		II
		111th CONGRESS
		1st Session
		S. 2622
		IN THE SENATE OF THE UNITED
		  STATES

			November 2, 2009
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on mixture
		  of calcium hydroxide, magnesium hydroxide, aluminum silicate, and stearic
		  acid.

		1.Mixture of calcium hydroxide, magnesium
			 hydroxide, aluminum silicate, and stearic acid
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Mixture of calcium hydroxide (CAS No. 1305–62–0), magnesium
						hydroxide (CAS No. 1309–42–8), aluminum silicate (CAS No. 70131–50–9), and
						stearic acid (CAS No. 57–11–4) (provided for in subheading
						3824.90.92)FreeNo changeNo changeOn or before 12/31/2011

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			 subsection (a) applies to goods entered, or withdrawn from warehouse for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


109 HR 3300 IH: Endangered Species Improvements Act of 2005
U.S. House of Representatives
2005-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3300
IN THE HOUSE OF REPRESENTATIVES

July 14, 2005
Mr. Graves (for himself, Mr. Terry, and Mr. McCaul of Texas) introduced the following bill; which was referred to the Committee on Resources

A BILL
To amend the Endangered Species Act of 1973 to authorize species recovery agreements under which the Federal Government is obligated to make annual payments or provide other compensation for activities that improve the recovery of one or more species listed under that Act, and for other purposes.

1.Short titleThis Act may be cited as the Endangered Species Improvements Act of 2005.
2.Cooperation program
(a)Agreements authorizedSection 13 of the Endangered Species Act of 1973 (consisting of amendments to other laws, which have executed) is amended to read as follows:

13.Species recovery agreements
(a)Agreements authorizedThe Secretary may enter into a species recovery agreement with a person, other than an agency or department of a Federal or State government, under which the Secretary is obligated, subject to the availability of appropriations, to make annual payments or provide other compensation to the person to implement the agreement.
(b)Terms of agreementA species recovery agreement entered into under this section by the Secretary with a person—
(1)shall require that the person shall carry out, on land owned or controlled by the person, activities that—
(A)protect and restore habitat for species included in a list published under section 4(c), or that are candidates for such inclusion, in a manner that is integrated with existing operations on and use of such land;
(B)contribute to the recovery of one or more species included in a list published under section 4(c); and
(C)implement a management plan for such species;
(2)shall specify such management plan;
(3)shall include the compensation to be provided by the Secretary to the person under the agreement, and the terms under which such compensation shall be provided;
(4)require the Secretary to provide upon request technical assistance and management training to assist the owner or operator of the land that is subject to the agreement in carrying out the agreement; and
(5)shall include—
(A)the duties of the person;
(B)the duties of Secretary;
(C)the terms and conditions under which the person and the Secretary mutually agree such agreement may be modified or terminated; and
(D)acts or omissions by the person or the Secretary that shall be considered violations of the agreement, and procedures under which notice and an opportunity to remedy any violation by the person shall be given.
(c)Transfer of propertyUpon any conveyance or other transfer of interest in land that is subject to an agreement under this section—
(1)the agreement shall continue in effect with respect to such land, with the same terms and conditions, if the person to whom the land or interest is conveyed or otherwise transferred notifies the Secretary of the person’s election to continue the agreement by not later than 30 days after the date of the conveyance or other transfer;
(2)the agreement shall terminate if the agreement does not continue in effect under paragraph (1); and
(3)the person to whom the land or interest is conveyed or otherwise transferred may seek a new agreement under this section.
(d)Model form of agreementNot later than 1 year after the date of the enactment of the Endangered Species Improvements Act of 2005, the Secretary shall issue regulations that—
(1)establish a model form of agreement that a person may enter into with the Secretary under this section; and
(2)include in such model agreement—
(A)a range of possible management practices for habitat protections and restoration; and
(B)other necessary agreement terms consistent with this section.
(e)Duration of agreement; renewalAn agreement under this section shall be effective for 5 years, and may be renewed at the option of the person or upon the mutual agreement of the Secretary and the person.
(f)Voluntary programThe Secretary, or any other Federal official, may not require a person to enter into an agreement under this section as a term or condition of any right, privilege, or benefit, or of any action or refraining from any action, under this or any other law.
(g)Authorization of appropriationsTo carry out this section there is authorized to be appropriated to the Secretary $50,000,000..
(b)Clerical amendmentThe table of contents in the first section of such Act is amended by striking the item relating to section 13 and inserting the following:

Sec. 13. Species recovery agreements.


		II
		112th CONGRESS
		1st Session
		S. 1263
		IN THE SENATE OF THE UNITED STATES

			June 23, 2011
			Mr. Kohl (for himself
			 and Mr. Manchin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To encourage, enhance, and integrate Silver Alert plans
		  throughout the United States and for other purposes.

		1.Short titleThis Act may be cited as the
			 National Silver Alert Act of
			 2011.
		2.DefinitionsIn this Act:
			(1)Missing
			 seniorThe term missing senior refers to any
			 individual who—
				(A)is reported to, or
			 identified by, a law enforcement agency as a missing person; and
				(B)meets the requirements to be designated as
			 a missing senior, as determined by the State in which the individual is
			 reported or identified as a missing person.
				(2)StateThe
			 term State means each of the 50 States, the District of Columbia,
			 the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
			 American Samoa, and the Commonwealth of the Northern Mariana Islands.
			3.Silver Alert
			 communications network
			(a)In
			 generalThe Attorney General
			 shall, subject to the availability of appropriations, establish a national
			 Silver Alert communications network within the Department of Justice to provide
			 assistance to regional and local search efforts for missing seniors through the
			 initiation, facilitation, and promotion of local elements of the network (known
			 as Silver Alert plans) in coordination with States, units of local government,
			 law enforcement agencies, and other concerned entities with expertise in
			 providing services to seniors.
			(b)Coordination
			 with AMBER Alert NetworkIn
			 establishing the Silver Alert Network under subsection (a), the Attorney
			 General shall ensure that, when feasible, the Silver Alert Network is able to
			 operate in coordination with the AMBER Alert communications network,
			 established under subtitle A of title III of the PROTECT Act (42 U.S.C. 5791 et
			 seq.), to maximize the efficiency of both networks.
			4.Silver Alert
			 Coordinator
			(a)National
			 Coordinator within Department of JusticeThe Attorney General shall designate an
			 individual of the Department of Justice to act as the national coordinator of
			 the Silver Alert communications network. The individual so designated shall be
			 known as the Silver Alert Coordinator of the Department of Justice (referred to
			 in this Act as the Coordinator).
			(b)Duties of the
			 CoordinatorIn acting as the
			 national coordinator of the Silver Alert communications network, the
			 Coordinator shall—
				(1)work with States
			 to encourage the development of additional Silver Alert plans in the
			 network;
				(2)establish
			 voluntary guidelines for States to use in developing Silver Alert plans that
			 will promote compatible and integrated Silver Alert plans throughout the United
			 States, including—
					(A)a list of the resources necessary to
			 establish a Silver Alert plan;
					(B)criteria for evaluating whether a situation
			 warrants issuing a Silver Alert, taking into consideration the need for the use
			 of such Alerts to be limited in scope because the effectiveness of the Silver
			 Alert communications network may be affected by overuse, including criteria to
			 determine—
						(i)whether the mental capacity of a senior who
			 is missing, and the circumstances of his or her disappearance, warrant the
			 issuance of a Silver Alert; and
						(ii)whether the
			 individual who reports that a senior is missing is an appropriate and credible
			 source on which to base the issuance of a Silver Alert;
						(C)a description of the appropriate uses of
			 the Silver Alert name to readily identify the nature of search efforts for
			 missing seniors; and
					(D)recommendations on how to protect the
			 privacy, dignity, independence, and autonomy of any missing senior who may be
			 the subject of a Silver Alert;
					(3)develop proposed protocols for efforts to
			 recover missing seniors and to reduce the number of seniors who are reported
			 missing, including protocols for procedures that are needed from the time of
			 initial notification of a law enforcement agency that the senior is missing
			 through the time of the return of the senior to family, guardian, or domicile,
			 as appropriate, including—
					(A)public safety
			 communications protocol;
					(B)case management
			 protocol;
					(C)command center
			 operations;
					(D)reunification
			 protocol; and
					(E)incident review,
			 evaluation, debriefing, and public information procedures;
					(4)work with States
			 to ensure appropriate regional coordination of various elements of the
			 network;
				(5)establish an advisory group to assist
			 States, units of local government, law enforcement agencies, and other entities
			 involved in the Silver Alert communications network with initiating,
			 facilitating, and promoting Silver Alert plans, which shall include—
					(A)to the maximum
			 extent practicable, representation from the various geographic regions of the
			 United States; and
					(B)members who
			 are—
						(i)representatives of
			 senior citizen advocacy groups, law enforcement agencies, and public safety
			 communications;
						(ii)broadcasters,
			 first responders, dispatchers, and radio station personnel; and
						(iii)representatives
			 of any other individuals or organizations that the Coordinator determines are
			 necessary to the success of the Silver Alert communications network; and
						(6)act as the
			 nationwide point of contact for—
					(A)the development of
			 the network; and
					(B)regional
			 coordination of alerts for missing seniors through the network.
					(c)Coordination
				(1)Coordination
			 with other agenciesThe
			 Coordinator shall coordinate and consult with the Secretary of Transportation,
			 the Federal Communications Commission, the Assistant Secretary for Aging of the
			 Department of Health and Human Services, the head of the Missing Alzheimer’s
			 Disease Patient Alert Program, and other appropriate offices of the Department
			 of Justice in carrying out activities under this Act.
				(2)State and local
			 coordinationThe Coordinator shall consult with local
			 broadcasters and State and local law enforcement agencies in establishing
			 minimum standards under section 5 and in carrying out other activities under
			 this Act, as appropriate.
				(d)Annual
			 reportsNot later than one year after the date of enactment of
			 this Act, and annually thereafter, the Coordinator shall submit to Congress a
			 report on the activities of the Coordinator and the effectiveness and status of
			 the Silver Alert plans of each State that has established or is in the process
			 of establishing such a plan. Each such report shall include—
				(1)a
			 list of States that have established Silver Alert plans;
				(2)a
			 list of States that are in the process of establishing Silver Alert
			 plans;
				(3)for each State that has established such a
			 plan, to the extent the data is available—
					(A)the number of
			 Silver Alerts issued;
					(B)the number of
			 individuals located successfully;
					(C)the average period
			 of time between the issuance of a Silver Alert and the location of the
			 individual for whom such Alert was issued;
					(D)the State agency
			 or authority issuing Silver Alerts, and the process by which Silver Alerts are
			 disseminated;
					(E)the cost of
			 establishing and operating such a plan;
					(F)the criteria used
			 by the State to determine whether to issue a Silver Alert; and
					(G)the extent to
			 which missing individuals for whom Silver Alerts were issued crossed State
			 lines;
					(4)actions States
			 have taken to protect the privacy and dignity of the individuals for whom
			 Silver Alerts are issued;
				(5)ways that States
			 have facilitated and improved communication about missing individuals between
			 families, caregivers, law enforcement officials, and other authorities;
			 and
				(6)any other
			 information the Coordinator determines to be appropriate.
				5.Minimum standards
			 for issuance and dissemination of alerts through Silver Alert communications
			 network
			(a)Establishment of
			 minimum standardsSubject to
			 subsection (b), the Coordinator shall
			 establish minimum standards for—
				(1)the issuance of
			 alerts through the Silver Alert communications network; and
				(2)the extent of the
			 dissemination of alerts issued through the network.
				(b)Limitations
				(1)Voluntary
			 participationThe minimum standards established under
			 subsection (a) of this section, and any
			 other guidelines and programs established under section 4, shall be adoptable
			 on a voluntary basis only.
				(2)Dissemination of
			 informationThe minimum standards shall, to the maximum extent
			 practicable (as determined by the Coordinator in consultation with State and
			 local law enforcement agencies), provide that appropriate information relating
			 to the special needs of a missing senior (including health care needs) are
			 disseminated to the appropriate law enforcement, public health, and other
			 public officials.
				(3)Geographic
			 areasThe minimum standards shall, to the maximum extent
			 practicable (as determined by the Coordinator in consultation with State and
			 local law enforcement agencies), provide that the dissemination of an alert
			 through the Silver Alert communications network be limited to the geographic
			 areas which the missing senior could reasonably reach, considering the missing
			 senior’s circumstances and physical and mental condition, the modes of
			 transportation available to the missing senior, and the circumstances of the
			 disappearance.
				(4)Age
			 requirementsThe minimum
			 standards shall not include any specific age requirement for an individual to
			 be classified as a missing senior for purposes of the Silver Alert
			 communication network. Age requirements for determinations of whether an
			 individual is a missing senior shall be determined by each State, and may vary
			 from State to State.
				(5)Privacy and
			 civil liberties protectionsThe minimum standards shall—
					(A)ensure that alerts
			 issued through the Silver Alert communications network comply with all
			 applicable Federal, State, and local privacy laws and regulations; and
					(B)include standards
			 that specifically provide for the protection of the civil liberties and
			 sensitive medical information of missing seniors.
					(6)State and local
			 voluntary coordinationIn carrying out the activities under
			 subsection (a), the Coordinator may not
			 interfere with the current system of voluntary coordination between local
			 broadcasters and State and local law enforcement agencies for purposes of the
			 Silver Alert communications network.
				6.Training and
			 other resources
			(a)Training and
			 educational programsThe
			 Coordinator shall make available to States, units of local government, law
			 enforcement agencies, and other concerned entities that are involved in
			 initiating, facilitating, or promoting Silver Alert plans, including
			 broadcasters, first responders, dispatchers, public safety communications
			 personnel, and radio station personnel—
				(1)training and
			 educational programs related to the Silver Alert communication network and the
			 capabilities, limitations, and anticipated behaviors of missing seniors, which
			 shall be updated regularly to encourage the use of new tools, technologies, and
			 resources in Silver Alert plans; and
				(2)informational
			 materials, including brochures, videos, posters, and web sites to support and
			 supplement such training and educational programs.
				(b)CoordinationThe
			 Coordinator shall coordinate—
				(1)with the Assistant
			 Secretary for Aging of the Department of Health and Human Services in
			 developing the training and educational programs and materials under
			 subsection (a); and
				(2)with the head of the Missing Alzheimer’s
			 Disease Patient Alert Program within the Department of Justice, to determine if
			 any existing material with respect to training programs or educational
			 materials developed or used as part of such Patient Alert Program are
			 appropriate and may be used for the programs under
			 subsection (a).
				7.Authorization of
			 appropriations for the silver alert communications networkThere are authorized to be appropriated to
			 the Department of Justice $500,000 to carry out the Silver Alert communications
			 network as authorized under this Act.


109 HR 4163 IH: Debris Removal Act of 2005
U.S. House of Representatives
2005-10-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4163
IN THE HOUSE OF REPRESENTATIVES

October 27, 2005
Mr. Jindal (for himself, Mr. McCrery, and Mr. Melancon) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to direct the Secretary of Homeland Security to exercise certain authority provided under that Act.

1.Short titleThis Act may be cited as the Debris Removal Act of 2005.
2.Expedited payments
(a)Expedited Payments AuthorizedNotwithstanding the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (including any regulation promulgated pursuant to that Act), the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, shall pay to an eligible applicant, in accordance with subsection (b), 50 percent of the Federal share of assistance that the applicant is eligible to receive under section 407 of that Act (42 U.S.C. 5173).
(b)Date of PaymentA claim described in subsection (a) shall be paid not later than 60 days after the date on which the applicant files an eligible claim for assistance.
3.Debris clearance, removal, and disposal from emergency access roads
(a)Definition of Emergency Access RoadIn this section, the term emergency access road means a road that requires access by emergency personnel, including firefighters, police, emergency medical personnel, or any other entity identified by the Secretary of Homeland Security that provides an emergency service after a declaration of an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
(b)Reimbursement AuthorizedAny reimbursement authorized under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) for clearing and removing debris may include reimbursement for clearing, removing, and disposing of debris from any emergency access road.
4.Inclusion of debris removal as eligible claim for Federal assistanceSection 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended—
(1)in clause (i), by striking and at the end;
(2)in clause (ii), by striking the period at the end and inserting ; and; and
(3)by inserting after clause (ii) the following:

(iii)the removal of debris and wreckage resulting from a major disaster from owner occupied private residential property, utilities, and residential infrastructure (such as a private access route) as necessary for a safe and sanitary living or functioning condition..
5.Cost shareFor a period of not less than 180 days after the date of declaration of an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) during the period beginning on August 25, 2005 through December 31, 2005, the Federal share of assistance provided to eligible applicants for debris removal under section 407 of that Act (42 U.S.C. 5173) shall be 100 percent.
6.Guidelines for reimbursementIn light of concerns regarding inconsistent policy memoranda and guidelines issued to counties and communities affected by the 2004 hurricane season, the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, shall provide clear, concise, and uniform guidelines for the reimbursement to any county or government entity affected by a hurricane of the costs of hurricane debris removal.
7.Applicability; termination of authorityThis Act and the authority provided by this Act (including by any amendment made by this Act) shall—
(1)apply to each major disaster declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during calendar year 2005; and
(2)terminate on the date that is 1 year after the date of enactment of this Act.


115 S1056 IS: Veteran Small Business Export Promotion Act
U.S. Senate
2017-05-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1056
		IN THE SENATE OF THE UNITED STATES

			May 4, 2017
			Ms. Hirono (for herself and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

		A BILL
		To amend the Small Business Act to waive the guarantee fee for veterans and spouses of veterans for
			 the Export Working Capital, International Trade, and Export Express
			 programs.

 1.Short titleThis Act may be cited as the Veteran Small Business Export Promotion Act. 2.Permanent loan guarantee fee waivers for veteransSection 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended—
 (1)in paragraph (14)(B)(ii), by adding at the end the following:  (III)Guarantee fee waiver for veterans (aa)DefinitionIn this subclause, the term veteran or spouse of a veteran has the meaning given the term in paragraph (31)(G)(iii).
 (bb)Guarantee fee waiverThe Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subclause.
 (cc)ExceptionIf the President’s budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of item (bb) shall not apply to loans made during such upcoming fiscal year.
						;
 (2)in paragraph (16), by adding at the end the following:  (G)Guarantee fee waiver for veterans (i)DefinitionIn this subparagraph, the term veteran or spouse of a veteran has the meaning given the term in paragraph (31)(G)(iii).
 (ii)Guarantee fee waiverThe Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subparagraph.
 (iii)ExceptionIf the President’s budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (ii) shall not apply to loans made during such upcoming fiscal year.; and
 (3)in paragraph (34), by adding at the end the following:  (D)Guarantee fee waiver for veterans (i)DefinitionIn this subparagraph, the term veteran or spouse of a veteran has the meaning given the term in paragraph (31)(G)(iii).
 (ii)Guarantee fee waiverThe Administrator may not collect a guarantee fee described in paragraph (18) in connection with an express loan made under this paragraph to a veteran or spouse of a veteran on or after October 1 of the first fiscal year beginning after the date of enactment of this subparagraph.
 (iii)ExceptionIf the President’s budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (ii) shall not apply to express loans made during such upcoming fiscal year..


115 HRES 1057 IH: Calling on Burma’s civilian leader, Aung San Suu Kyi, to release two jailed journalists reporting on violence inflicted upon that nation’s Rohingya population.
U.S. House of Representatives
2018-09-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 1057IN THE HOUSE OF REPRESENTATIVESSeptember 7, 2018Mr. Levin submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONCalling on Burma’s civilian leader, Aung San Suu Kyi, to release two jailed journalists reporting
			 on violence inflicted upon that nation’s Rohingya population.

 Whereas a recent fact-finding mission of the United Nations found that Burma’s Rohingya Muslim population has been subjected to systemic oppression culminating in so-called clearance operations that targeted and terrorized the entire Rohingya population;
 Whereas these operations were conducted by Burmese soldiers and security forces and constituted a human rights catastrophe according to the United Nation’s fact-finding report, which called for holding senior Burmese military commanders accountable for genocide and crimes against humanity;
 Whereas the United Nations report found such crimes included murder, imprisonment, torture, rape, sexual slavery, and other forms of sexual violence;
 Whereas dozens of Rohingya villages have been burned and bulldozed out of existence; Whereas as result of this violence, persecution, and destruction, nearly 725,000 Rohingya had fled to Bangladesh by mid-August 2018;
 Whereas the United Nations report found that the head of Burma’s civilian government, Aung San Suu Kyi, has failed to use her position or moral authority to protect the Rohingya, and that civilian authorities have instead spread false narratives about the atrocities committed against the Rohingya;
 Whereas, on March 8, 2018, a senior Burmese official, National Security Advisor U Thaung Tun, reportedly made a series of comments designed to deny or downplay any violence and atrocities against Rohingya Muslims, saying the vast majority remain in Burma, and if it was genocide, they would all be driven out;
 Whereas some brave journalists have attempted to uncover the truth about atrocities committed against the Rohingya;
 Whereas two such reporters, Wa Lone and Kyaw Soe Oo of Reuters, were recently sentenced to seven years in prison in Burma for violating state secrets laws in response to their efforts to report on the persecution of Rohingya Muslims;
 Whereas the Burmese police captain involved in their arrest reportedly admitted during the trial that his superior ordered him to entrap the journalists;
 Whereas United States Ambassador to the United Nations Nikki Haley called these convictions another terrible stain on Burma; and Whereas attempting to silence the duty of the press to uncover the truth is anti-democratic and only further fuels state-sanctioned oppression: Now, therefore, be it

 That the House of Representatives— (1)condemns all efforts to suppress information related to the oppression and violence inflicted upon Burma’s Rohingya civilians; and
 (2)calls on the leader of Burma’s civilian government, Aung San Suu Kyi, to immediately and unconditionally release the two jailed journalists, Wa Lone and Kyaw Soe Oo, by exercising her power to order a presidential amnesty.


115 HR 3691 IH: Child Performers Protection Act
U.S. House of Representatives
2017-02-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3691IN THE HOUSE OF REPRESENTATIVESSeptember 6, 2017Ms. Meng introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo limit the number of hours that children may be employed as actors, performers, and models, to
			 require blocked trust accounts for the financial protection of such
			 children, to clarify the liability of employers, contractors, and other
			 individuals for sexual harassment of such child performers, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Child Performers Protection Act.2.Protections for child performers (a)Application of child labor provisionsSection 13(c)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(3)) is amended to read as follows:(3)(A)The provisions of section 12 relating to child labor shall not apply to any child performer if employment or contracting of the child performer is in accordance with the following:(i)(I)An infant who has not reached six months of age may be permitted to remain at the place of employment or contracting for no more than 2 hours.(II)A child performer age six months to twenty-four months may be permitted to remain at the place of employment or contracting for no more than 4 hours a day.(III)A child performer age 2 years to 6 years may be permitted to remain at the place of employment or contracting for no more than 6 hours a day.(IV)A child performer age 6 years to 9 years may be permitted to remain at the place of employment or contracting for no more than 8 hours per day.(V)A child performer age 9 years to 16 years may be permitted to remain at the place of employment or contracting for no more than 9 hours per day.(ii)An employer or contractor may not employ any child performer unless a trust account has been established on behalf of the child performer and the employer has obtained the account number of such trust account or other proof of the existence of the trust account. A trust account described in this clause is one in which—(I)not less than 15 percent of the earnings of the child performer shall be deposited;(II)the child performer has no access to the funds in the account until the child performer reaches the age of 18; and(III)the parents or legal guardians of the child performer shall have no access to the trust account except in circumstances of financial hardship stipulated in the agreement with the financial institution providing the trust account, which stipulations shall be in accordance with regulations issued by the Secretary.(iii)An employer or contractor may not provide compensation to any child performer in any other form other than cash wages, exclusive of board, lodging, or facilities.(B)Employment or contracting of a child performer that is not in accordance with limitations and requirements of clauses (i) through (iii) of subparagraph (A) shall be treated as oppressive child labor for purposes of section 12.(C)The work hour restrictions set forth in clause (i) of subparagraph (A) shall not apply to child performers employed in a live theatrical production, including theater, opera, and dance..(b)Conforming amendmentsSection 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended—(1)in subsection (l), by adding at the end the following: For purposes of this subsection only, the term employer includes any person who contracts with a child performer who is an independent contractor, the term employee includes a child performer who is an independent contractor, and the term employment includes an independent contract between any person and a child performer.; and(2)by adding at the end the following:(z)Child performerThe term child performer means a child under the age of 18 employed or contracted as an actor or performer in a motion picture or live theatrical production, or in a radio or television production, or as a model for a fashion show, showroom, or similar production or for commercial media..3.Liability for sexual harassment of child performers(a)Unlawful harassment on the basis of sex against a child performerIt shall be unlawful sex discrimination for any individual in a supervisory role with respect to a child performer to engage in any conduct constituting harassment on the basis of sex against the child performer.(b)LiabilityAny individual in a supervisory role with respect to a child performer shall be liable for unlawful sex discrimination for harassment on the basis of sex against a child performer in violation of subsection (a) whether or not such individual is employed by or contracted by a covered employer or contractor.(c)Right of actionAny child performer aggrieved by a violation of subsection (a), or a parent or guardian of such child performer may bring a civil action in any Federal court of competent jurisdiction to recover from an individual who violates such subsection with respect to such child performer, equitable relief and compensatory and punitive damages, costs, and attorneys fees.(d)DefinitionsAs used in this Act—(1)the term child performer has the meaning given such term in section 3(z) of the Fair Labor Standards Act of 1938 (as added by section 2);(2)the term covered employer or contractor means an employer or other entity that employs or contracts with a child performer;(3)the term harassment on the basis of sex with respect to a child performer means any verbal or physical conduct of a sexual nature where—(A)submission to such conduct is made implicitly a term or condition of a child performer's employment or contract, or is used as the basis for decisions affecting the child performer's employment or contract; or(B)such conduct has the purpose or effect of interfering with a child performer's performance, or creates an intimidating, hostile, or offensive working environment; and(4)the term individual in a supervisory role with respect to a child performer means an employee or independent contractor of an employer or other entity that employs or contracts with a child performer who has direct supervision over the child performer or is responsible for working with the child performer in any capacity in furtherance of the performance or artistic expression of the child performer, including an agent, manager, casting director, child wrangler, director, photographer or cinematographer, makeup artist, and wardrobe assistant.4.Review of policies and procedures by employersIn any case where a violation of section 3(a) is alleged, the employer of the individual or individuals alleged to have committed the violation shall conduct an internal review of its policies and procedures for protecting child performers and ensuring compliance with section 13(c)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(3)), as amended by section 2.5.Relationship to State law and collective bargaining agreements(a)State lawThis Act and the amendments made by this Act shall not be construed to preempt any law or regulation of a State or a political subdivision of a State containing requirements that are greater than the requirements of this Act and the amendments made by this Act.(b)Collective bargaining agreementsThis Act and the amendments made by this Act shall not be construed to preempt any collective bargaining agreement or any contract that establishes more stringent requirements.


		II
		110th CONGRESS
		1st Session
		S. 2246
		IN THE SENATE OF THE UNITED STATES

			October 26, 2007
			Mr. Coleman (for himself
			 and Mrs. Lincoln) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Higher Education Act of 1965 to extend
		  eligibility for Federal TRIO programs to members of the reserve components
		  serving on active duty in support of contingency operations.

		1.Short titleThis Act may be cited as the Veterans
			 Upward Bound Improvement Act.
		2.Extension of
			 eligibility for Federal TRIO programs to members of the reserve components
			 serving on active duty in support of contingency operationsSection 402A(g)(3) of the Higher Education
			 Act of 1965 (20
			 U.S.C. 1070a–11(g)(3)) is amended—
			(1)in
			 subparagraph (A), by striking or at the end;
			(2)in
			 subparagraph (B), by striking the period and inserting ; or;
			 and
			(3)by adding at the
			 end the following new subparagraph (C):

					(C)was a member of a reserve component of the
				Armed Forces who served on active duty in support of a contingency operation
				(as that term is defined in
				section
				101(a)(13) of title 10, United States Code) on or after
				September 11,
				2001.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 380
		IN THE HOUSE OF REPRESENTATIVES

			January 20, 2011
			Ms. Lee of California
			 (for herself and Mr. Serrano)
			 introduced the following bill; which was referred to the
			 Committee on Foreign
			 Affairs

		A BILL
		To provide that no funds made available to the Department
		  of the Treasury may be used to implement, administer, or enforce regulations to
		  require specific licenses for travel-related transactions directly related to
		  educational activities in Cuba.

		1.Short titleThis Act may be cited as the
			 Pursuit of International Education
			 (PIE) Act of 2011.
		2.Limitation on use of
			 funds to implement, administer, or enforce regulations to require specific
			 licenses for travel-related transactions directly related to educational
			 activities in Cuba
			(a)LimitationNo funds made available to the Department
			 of the Treasury may be used to implement, administer, or enforce the amendments
			 made to paragraphs (a) and (b) of section 515.565 of title 31, Code of Federal
			 Regulations (relating to specific licenses for United States academic
			 institutions and other specific licenses), as published in the Federal Register
			 on June 16, 2004 (69 Fed. Reg. 33772).
			(b)ExceptionThe
			 limitation in subsection (a) shall not apply to the implementation,
			 administration, or enforcement of section 515.560(c)(3) of title 31, Code of
			 Federal Regulations.


116 HR 3235 IH: Access to Genetic Counselor Services Act of 2019
U.S. House of Representatives
2019-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3235IN THE HOUSE OF REPRESENTATIVESJune 12, 2019Mr. Loebsack (for himself and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for expanded coverage of services
			 furnished by genetic counselors under part B of the Medicare program, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Access to Genetic Counselor Services Act of 2019. 2.Medicare coverage of genetic counseling services (a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
 (1)in subsection (s)(2)— (A)by striking and at the end of subparagraph (GG);
 (B)by adding and at the end of subparagraph (HH); and (C)by adding at the end the following new subparagraph:

 (II)covered genetic counseling services (as defined in subsection (kkk)(1));; and (2)by adding at the end the following new subsection:

 (kkk)Covered genetic counseling services(1)The term covered genetic counseling services means genetic counseling services furnished by a genetic counselor (as defined in paragraph (2)) (and such services and supplies furnished as an incident to the provision of such services) as would otherwise be covered under this title if furnished by a physician (or as incident to a physician’s service).
 (2)The term genetic counselor means an individual who— (A)is licensed as a genetic counselor by the State in which the individual furnishes genetic counseling services; or
 (B)in the case of an individual practicing in a State that does not license genetic counselors, meets such other criteria as the Secretary establishes.
								The provisions of this paragraph shall not be construed as preventing other practitioners,
			 including those providing telehealth services, from providing covered
			 genetic counseling services within the scope of their practice..
 (b)Physicians’ servicesSection 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting (2)(II), after (2)(FF) (including administration of the health risk assessment) ,. (c)Payment (1)In generalSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—
 (A)by striking and (CC) and inserting (CC); and (B)by inserting before the semicolon at the end the following: , and (DD) with respect to covered genetic counseling services under section 1861(s)(2)(II), furnished by a genetic counselor, the amount of payment for such service shall be an amount equal to 85 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician.
 (2)ModifierSection 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:

						(x)Use of modifier with respect to genetic counseling services
 (1)EstablishmentNot later than January 1, 2020, the Secretary shall establish a modifier to be utilized with evaluation and management CPT codes to indicate (in a form and manner specified by the Secretary), in the case of covered genetic counseling services under section 1861(s)(2)(II), if such services were furnished by a genetic counselor.
 (2)Required useEach request for payment, or bill submitted using evaluation and management CPT codes, for covered genetic counseling services (as defined in section 1861(kkk)(1)) furnished by a genetic counselor (as defined in section 1861(kkk)(2)) on or after January 1, 2020, shall include the modifier established under subparagraph (A) for each such service..
 (d)Assignment of paymentSection 1833(r) of the Social Security Act (42 U.S.C. 1395l(r)) is amended by adding at the end the following new paragraph:

 (3)Application to genetic counselorsThe provisions of paragraphs (1) and (2) shall apply with respect to covered genetic counseling services described in section 1861(s)(2)(II) and genetic counselors (as defined in section 1861(kkk)(2)) in the same manner as such provisions apply with respect to services described in section 1861(s)(2)(K)(ii) and nurse practitioners..
 (e)Conforming amendmentSection 1862(a)(14) of the Social Security Act (42 U.S.C. 1395(y)(a)(14)) is amended by inserting covered genetic counseling services, after qualified psychologist services,. (f)Effective date (1)In generalThe amendments made by this section shall apply to services furnished on or after January 1, 2020.
 (2)ImplementationThe Secretary of Health and Human Services may implement the amendments made by this section by interim final rule with comment period.


		I
		111th CONGRESS
		1st Session
		H. R. 2605
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2009
			Mr. Hoekstra (for
			 himself and Mr. Lamborn) 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 allow
		  individuals with children attending an elementary or secondary school a
		  deduction for each child attending a public school equal to 25 percent of the
		  State’s average per pupil public education spending and, for each child
		  attending a private or home school, a deduction equal to 100 percent of such
		  average.

		1.Short titleThis Act may be cited as the
			 Education Tax Deduction for All Act of
			 2009.
		2.Deduction for
			 parents having children in public, private, or home schools at the elementary
			 or secondary school level
			(a)In
			 generalPart VII of
			 subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 additional itemized deductions for individuals) is amended by redesignating
			 section 224 as section 225 and by inserting after section 223 the following new
			 section:

					224.Deduction for
				parents having children in public, private, or home schools at the elementary
				or secondary school level
						(a)Allowance of
				deductionIn the case of an
				individual, there shall be allowed as a deduction, for each qualifying student
				of the taxpayer, an amount equal to the applicable percentage of the average
				public education per-pupil expenditure for the applicable State.
						(b)Applicable
				percentageFor purposes of this section, the term
				applicable percentage means, with respect to a qualifying
				student—
							(1)25 percent if such
				student is a student at a public school for the school year ending in the
				taxpayer’s taxable year, and
							(2)100 percent if
				such student is a student at any other school (including a home school) for
				such school year.
							(c)Qualifying
				studentFor purposes of this section, the term qualifying
				student means any qualifying child (as defined in section 152(c)) of the
				taxpayer who is a full-time student in any of grades kindergarten through grade
				12 in any school for the school year ending during the taxpayer’s taxable
				year.
						(d)Applicable
				stateFor purposes of this section, the term applicable
				State means—
							(1)except as provided
				in paragraph (2), the State in which the school is located, or
							(2)in the case of a
				private school, the State which includes the principal place of abode described
				in section 152(c)(1)(B).
							(e)Average public
				education per-pupil expenditure; schoolFor purposes of this section—
							(1)Average public
				education per-pupil expenditureThe term average public education
				per-pupil expenditure means, with respect to a State, the average
				per-pupil expenditure (as defined in section 9101(2) of the Elementary and
				Secondary Education Act of 1965 (20 U.S.C. 7801(2)) for such State, as
				determined for the most recent fiscal year ending before the close of the
				school year.
							(2)SchoolThe term school means any
				school (including a home school) if attendance at such school satisfies the
				compulsory attendance requirements of State law.
							(f)Students
				attending more than 1 school during school yearIn the case of an
				individual who is a student at more than 1 school during a school year, this
				section shall be applied by taking into account—
							(1)the school that
				such individual attends more than any other school for such year, or
							(2)if such individual attends 2 or more
				schools in equal amounts (and one of such schools would be described in
				paragraph (1) but for the other such schools), then the school in the State
				having the highest average public education per-pupil expenditure shall be the
				school taken into account under this
				section.
							.
			(b)Deduction
			 allowed whether or not taxpayer itemizes deductionsSubsection
			 (a) of section 62 of such Code (defining adjusted gross income) is amended by
			 inserting after paragraph (21) the following new paragraph:

					(22)Deduction for
				parents having children in public, private, or home schools at the elementary
				or secondary school levelThe
				deduction allowed by section
				224.
					.
			(c)Clerical
			 amendmentThe table of
			 sections for part VII of subchapter B of chapter 1 of such Code is amended by
			 striking the last item and inserting the following new items:

						Sec. 224. Deduction for parents having
				children in public, private, or home schools at the elementary or secondary
				school level.
						Sec. 225. Cross
				reference.

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to school
			 years ending in taxable years beginning after the date of the enactment of this
			 Act.


116 SRES 395 ATS: Recognizing the 40th anniversary of the Iran Hostage Crisis, and for other purposes.
U.S. Senate
2019-10-31
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.

III116th CONGRESS2d SessionS. RES. 395IN THE SENATE OF THE UNITED STATESOctober 31, 2019Mr. Isakson (for himself, Mr. Blumenthal, Mr. Leahy, Mr. Gardner, Mr. Coons, Ms. Warren, Mr. Boozman, Mr. Hoeven, Mr. Rubio, Mr. Scott of Florida, Mr. Jones, Mr. Markey, Mr. Casey, Mr. Braun, and Mr. Cruz) submitted the following resolution; which was referred to the Committee on Foreign RelationsDecember 17, 2019Reported by Mr. Risch, without amendmentJanuary 8, 2020Considered and agreed toRESOLUTIONRecognizing the 40th anniversary of the Iran Hostage Crisis, and for other purposes.

 Whereas, on November 4, 1979, 66 United States diplomats, military personnel, and civilians were taken hostage from the United States Embassy in Tehran by the Government of the Islamic Republic of Iran in what became known as the Iran Hostage Crisis;
 Whereas 13 of the 66 American hostages were released by November 20, 1979; Whereas 8 members of the United States Armed Forces died in an attempt to rescue the hostages on April 25, 1980;
 Whereas another American hostage was released on July 11, 1980, after 250 days in captivity; Whereas, after 444 days in captivity, the remaining 52 hostages were released on January 20, 1981, with the signing of the Algiers Accords;
 Whereas the Iran Hostages were subjected to mock executions and other forms of physical and emotional torture at the hands of the Government of the Islamic Republic of Iran;
 Whereas the Iran Hostages and their families still suffer from the events of the Iran Hostage Crisis;
 Whereas the Algiers Accords prevented the Iran Hostages from taking legal action to pursue compensation from the Islamic Republic of Iran for their time in captivity;
 Whereas many of the Iran Hostages and their families finally became eligible to receive compensation through the enactment in 2015 of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) and the creation of the United States Victims of State Sponsored Terrorism Fund; and
 Whereas, 40 years after its founding, the Islamic Republic of Iran continues to promulgate a culture of fear, oppression, and violence as one of the leading state sponsors of terrorism: Now, therefore, be it

 That the Senate— (1)recognizes the 40th anniversary of the Iran Hostage Crisis;
 (2)honors the suffering of the Iran Hostages and their families during the Iran Hostage Crisis, as well as the sacrifices made by those who attempted to rescue the hostages; and
 (3)supports the designation of a national day of remembrance on November 4, 2019, for the Iran Hostage Crisis.


		I
		111th CONGRESS
		1st Session
		H. R. 551
		IN THE HOUSE OF REPRESENTATIVES

			January 15, 2009
			Ms. Giffords
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To authorize the Secretary of the Interior, acting
		  through the Commissioner of Reclamation, to conduct a feasibility study of
		  water augmentation alternatives in the Sierra Vista
		  Subwatershed.

		1.Short titleThis Act may be cited as the
			 Sierra Vista Subwatershed Feasibility
			 Study Act.
		2.DefinitionsIn this Act:
			(1)Appraisal
			 reportThe term appraisal report means the appraisal
			 report concerning the augmentation alternatives for the Sierra Vista
			 Subwatershed in the State of Arizona, dated June 2007 and prepared by the
			 Bureau of Reclamation.
			(2)Principles and
			 guidelinesThe term principles and guidelines means
			 the report entitled Economic and Environmental Principles and Guidelines
			 for Water and Related Land Resources Implementation Studies issued on
			 March 10, 1983, by the Water Resources Council established under title I of the
			 Water Resources Planning Act (42 U.S.C. 1962a et seq.).
			(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			3.Sierra Vista
			 Subwatershed Feasibility Study
			(a)Study
				(1)In
			 generalIn accordance with the reclamation laws and the
			 principles and guidelines, the Secretary, acting through the Commissioner of
			 Reclamation, may complete a feasibility study of alternatives to augment the
			 water supplies within the Sierra Vista Subwatershed in the State of Arizona
			 that are identified as appropriate for further study in the appraisal
			 report.
				(2)InclusionsIn
			 evaluating the feasibility of alternatives under paragraph (1), the Secretary
			 shall—
					(A)include—
						(i)any
			 required environmental reviews;
						(ii)the
			 construction costs and projected operations, maintenance, and replacement costs
			 for each alternative; and
						(iii)the economic
			 feasibility of each alternative;
						(B)take into
			 consideration the ability of Federal, tribal, State, and local government
			 sources and private sources to fund capital construction costs and annual
			 operation, maintenance, energy, and replacement costs;
					(C)establish the
			 basis for—
						(i)any
			 cost-sharing allocations; and
						(ii)anticipated
			 repayment, if any, of Federal contributions; and
						(D)perform a
			 cost-benefit analysis.
					(b)Cost sharing
			 requirement
				(1)In
			 generalThe Federal share of the total costs of the study under
			 subsection (a) shall not exceed 45 percent.
				(2)Form of
			 non-Federal shareThe non-Federal share required under paragraph
			 (1) may be in the form of any in-kind service that the Secretary determines
			 would contribute substantially toward the conduct and completion of the study
			 under subsection (a).
				(c)Statement of
			 Congressional intent relating to completion of studyIt is the
			 intent of Congress that the Secretary complete the study under subsection (a)
			 by a date that is not later than 30 months after the date of enactment of this
			 Act.
			(d)Authorization of
			 appropriationsThere is authorized to be appropriated to the
			 Secretary to carry out this section $1,260,000.
			4.Water
			 rightsNothing in this Act
			 affects—
			(1)any valid or vested
			 water right in existence on the date of enactment of this Act; or
			(2)any application
			 for water rights pending before the date of enactment of this Act.


109 HR 2944 IH: Gross Overcharging Undermines Gasoline Economics Act
U.S. House of Representatives
2005-06-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2944
IN THE HOUSE OF REPRESENTATIVES

June 16, 2005
Mr. Hastings of Florida (for himself, Mr. Hinchey, Mr. Moore of Kansas, and Mr. Owens) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To provide for the assessment of a penalty to gasoline retailers who charge prices grossly in excess of the prescribed index price for gasoline.

1.Short titleThis Act may be cited as the Gross Overcharging Undermines Gasoline Economics Act.
2.Findings Congress finds the following:
(1)From May 2004 to May 2005, average United States gasoline prices rose by 24 percent, according to the Energy Information Administration.
(2)Most United States oil companies showed huge profits last year, some as much as 200 percent. The American people have paid over and above their fair share of this increased cost. Consumers have been at the whim of oil companies who use record-breaking oil prices to make record-breaking profits.
(3)Although 24 States have consumer protection statutes to restrict prices that are unconscionable, excessive, or grossly in excess of a specified amount, in all but one of those States the prohibition applies only during a state of emergency or natural disaster.
(4)While consumers express concerns about being gouged when prices spike at the gas pump, there is no legal definition of gouging. The Federal Trade Commission has never found a violation of Federal antitrust laws related to gasoline price spikes. An in-depth investigation of the entire oil industry is necessary to determine whether extra charges are driven by collusion among oil companies or simply by legitimate market influences.
(5)With only a few nominal exceptions, gas prices are expected to increase indefinitely. Higher fuel costs impact all methods of transportation. As a result, the increased cost of goods and services puts an even greater financial burden on consumers.
3.Definitions In this Act—
(1)the term base price index means the average of the closing unit price on the New York Mercantile Exchange, for contracts to purchase regular unleaded gasoline during the subsequent calendar month, for the 10 days in each of the most recent 2 preceding years which correspond to the 10 most recent trading days; and
(2)the term rate of inflation means the average consumer price index for all urban consumers, not seasonally adjusted, which corresponds to the time period between the days used for calculating the base price index under paragraph (1).
4.Gasoline price gouging
(a)ProhibitionNo person shall sell gasoline at retail for a price that exceeds the base price index multiplied by twice the rate of inflation, as adjusted according to the regional price structure index developed under subsection (b).
(b)Regional price structure indexNot later than 30 days after the date of enactment of this Act, the Secretary of Energy shall develop a regional price structure index to reflect regional variances in gasoline reformulation requirements and transportation costs.
(c)PenaltyThe Secretary of Energy shall assess a civil penalty for a violation of subsection (a) in the amount of—
(1)not less than $5,000 for a first offense;
(2)not less than $10,000 for a second offense; and
(3)not more than $25,000 for any subsequent offense.
(d)OffensesEach day on which a person violates subsection (a) shall constitute a separate offense for purposes of subsection (c).
(e)Effective dateThis section, except for subsection (b), shall take effect 90 days after the date of enactment of this Act.
5.Federal Trade Commission reportNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Federal Trade Commission shall transmit to Congress a report that—
(1)examines passive and active collusion to set gasoline prices;
(2)examines antitrust practices throughout all supply chains in the oil industry; and
(3)recommends policies to protect consumers against gasoline price gouging.
6.Strategic Petroleum Reserve
(a)FindingsCongress finds that—
(1)the Strategic Petroleum Reserve was created to enhance the physical and economic security of the United States;
(2)the Energy Policy and Conservation Act allows the Strategic Petroleum Reserve to be used to provide relief when oil and gasoline supply shortages cause economic hardship;
(3)the proper management of the resources of the Strategic Petroleum Reserve could provide gasoline price relief to families of the United States and provide the United States with a tool to counterbalance the Organization of Petroleum Exporting Countries’ supply management policies; and
(4)the United States current policy of filling the Strategic Petroleum Reserve despite the fact that the Strategic Petroleum Reserve is more than 98 percent full could further exacerbate the rising price of crude oil and record high retail price of gasoline.
(b)Price protection measures
(1)Initial measuresFor the period beginning on the date of enactment of this Act and ending on the date that is 30 days after such date of enactment—
(A)the Secretary of Energy shall not acquire any new petroleum products for, or place any petroleum products in, the Strategic Petroleum Reserve; and
(B)the Secretary of Energy shall release from the Strategic Petroleum Reserve 1,000,000 barrels of oil per day.
(2)Subsequent measuresIf the President finds it necessary, to lower the burden of gasoline prices on the economy of the United States and to circumvent the efforts of the Organization of Petroleum Exporting Countries to reap windfall crude oil profits, the Secretary may continue the measures described in paragraph (1)(A) and (B) for an additional 30 days.
7.Pricing and Economic Impact Commission
(a)EstablishmentThe Secretary of Energy shall establish a commission to be known as the Pricing and Economic Impact Commission (in this section referred to as the Commission).
(b)Duties of commissionNot later than 1 year after the date of enactment of this Act, the Commission shall transmit to Congress a report containing recommendations on the effect of this Act on—
(1)domestic oil production;
(2)foreign oil imports;
(3)profits of the oil industry;
(4)inflation;
(5)employment;
(6)economic growth;
(7)Federal revenues; and
(8)national security.
(c)Membership
(1)Number and appointmentThe Commission shall be composed of 23 members as follows:
(A)11 members appointed by the President. These shall include no less than 1 member from each of the Environmental Protection Agency, the Department of Transportation, the Department of Energy, the Department of Commerce, the Council of Economic Advisors, and the Office of Science and Technology.
(B)6 members appointed by the House of Representatives, of whom 3 shall be appointed by the Speaker of the House of Representatives and 3 shall be appointed by the minority leader.
(C)6 members appointed by the Senate, of whom 3 shall be appointed by the majority leader and 3 shall be appointed by the minority leader.
(2)QualificationsIn making appointments under this subsection, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise.
(3)Terms and vacanciesEach member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(4)Pay and travelEach member of the Commission, other than a full-time officer or employee of the United States—
(A)shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and
(B)shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(5)Quorum12 members of the Commission shall constitute a quorum, but a lesser number may hold hearings.
(6)ChairmanThe Chairman of the Commission shall be elected by the members.
(7)MeetingsThe Commission shall meet at the call of the Chairman or a majority of its members.
(d)Staff
(1)In generalWith the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code.
(2)Experts and consultantsWith the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code.
(3)Staff of federal agenciesUpon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section.
(e)Powers of commission
(1)HearingsThe Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
(2)Members and agentsAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection.
(3)MailsThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
(4)Administrative support servicesUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.
(f)Authorization of appropriationsThere will be authorized to be appropriated to carry out this section $2,000,000, to remain available until expended.
(g)TerminationThe Commission shall cease to exist on the last day of the month in which its report is submitted under subsection (b).


 HR 5104 ENR: To designate the facility of the United States Postal Service located at 1750 16th Street South in St. Petersburg, Florida, as the
U.S. House of Representatives
0
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
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 5104

AN ACT
To designate the facility of the United States Postal Service located at 1750 16th Street South in St. Petersburg, Florida, as the Morris W. Milton Post Office.

1.Morris W. Milton Post Office
(a)DesignationThe facility of the United States Postal Service located at 1750 16th Street South in St. Petersburg, Florida, shall be known and designated as the Morris W. Milton Post Office.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Morris W. Milton Post Office.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


115 HR 2644 IH: Chronic Kidney Disease Improvement in Research and Treatment Act of 2017
U.S. House of Representatives
2017-05-24
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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. 2644IN THE HOUSE OF REPRESENTATIVESMay 24, 2017Mr. Marino (for himself, Mr. Lewis of Georgia, and Mr. Roskam) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo improve the understanding of, and promote access to treatment for, chronic kidney disease, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Chronic Kidney Disease Improvement in Research and Treatment Act of 2017. 2.Table of contentsThe table of contents of this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Improving patient lives and quality of care through research and innovation
				Sec. 101. Improving patient lives and quality of care through research and innovation.
				Sec. 102. Enhancing care through new technologies.
				Sec. 103. Understanding current utilization of palliative care services.
				Sec. 104. Understanding the progression of kidney disease and treatment of kidney failure in
			 minority populations.
				Title II—Empower patient decision making and choice
				Sec. 201. Providing individuals with kidney failure access to managed care.
				Sec. 202. Medigap coverage for beneficiaries with end-stage renal disease.
				Sec. 203. Promoting access to home dialysis treatments.
				Sec. 204. Allowing individuals with kidney failure to retain access to private insurance.
				Title III—Improving patient care and ensuring quality outcomes
				Sec. 301. Maintain an economically stable dialysis infrastructure.
				Sec. 302. Improve patient decision making and transparency by consolidating and modernizing quality
			 programs.
				Sec. 303. Increasing access to Medicare kidney disease education benefit.
				Sec. 304. Certification of new facilities.
				Sec. 305. Improving access in underserved areas.

		IImproving patient lives and quality of care through research and innovation
			101.Improving patient lives and quality of care through research and innovation
 (a)StudyThe Secretary of Health and Human Services (in this section referred to as the Secretary) shall conduct a study on increasing kidney transplantation rates. Such study shall include an analysis of each of the following:
 (1)Any disincentives in the payment systems under the Medicare program under title XVIII of the Social Security Act that create barriers to kidney transplants and post-transplant care for beneficiaries with end-stage renal disease.
 (2)The practices used by States with higher than average donation rates and whether those practices and policies could be successfully utilized in other States.
 (3)Practices and policies that could increase deceased donation rates of minority populations. (4)Whether cultural and policy barriers exist to increasing living donation rates, including an examination of how to better facilitate chained donations.
 (5)Other areas determined appropriate by the Secretary. (b)ReportNot later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations as the Secretary determines to be appropriate.
				102.Enhancing care through new technologies
 (a)Agreement with National Academy of SciencesThe Secretary of Health and Human Services shall seek to enter into an agreement with the National Academy of Sciences within six months of the date of the enactment of this Act under which the National Academy of Sciences will conduct a study on the design of payments for renal dialysis services under the Medicare program under title XVIII of the Social Security Act, including an analysis of whether adjustments to such payments are needed to allow for the incorporation of new technologies and therapies.
 (b)ContentsIn conducting the study under subsection (a), the National Academy of Sciences shall evaluate the current payment system for renal dialysis services under the Medicare program, identify barriers to adopting innovative items, services, and therapies, and make recommendations as to how to eliminate such barriers.
				103.Understanding current utilization of palliative care services
				(a)Study
 (1)In generalThe Comptroller General of the United States (in this section referred to as the Comptroller General) shall conduct a study on the utilization of palliative care in treating individuals with advanced kidney disease, from stage 4 through stage 5, including individuals with kidney failure on dialysis through any progression of the disease. Such study shall include an analysis of—
 (A)how palliative care can be utilized to improve the quality of life of those with kidney disease and facilitate care tailored to their individual goals and values;
 (B)the successful use of palliative care in the care of patients with other chronic diseases and serious illnesses;
 (C)the utilization of palliative care at any point in an illness, including when used at the same time as curative treatment; and
 (D)other areas determined appropriate by the Comptroller General. (2)Definition of palliative careIn this section, the term palliative care means patient and family centered care that optimizes quality of life by anticipating, preventing, and treating suffering. Such term includes care that is furnished throughout the continuum of the illness that addresses physical, intellectual, emotional, social, and spiritual needs and that facilitates patient autonomy, access to information and choice.
 (b)ReportNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report on the study conducted under subsection (a), together with such recommendations as the Comptroller General determines to be appropriate.
				104.Understanding the progression of kidney disease and treatment of kidney failure in minority
			 populations
 (a)StudyThe Secretary of Health and Human Services (in this section referred to as the Secretary) shall conduct a study on— (1)the social, behavioral, and biological factors leading to kidney disease;
 (2)efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by such disease; and
 (3)treatment patterns associated with providing care, under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and through private health insurance, to minority populations that are disproportionately affected by kidney failure.
 (b)ReportNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations as the Secretary determines to be appropriate.
				IIEmpower patient decision making and choice
			201.Providing individuals with kidney failure access to managed care
 (a)Permanent extension of Medicare Advantage ESRD special needs plans authoritySection 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w–28(f)(1)) is amended by inserting , in the case of a specialized MA plan for special needs individuals who have not been determined to have end stage renal disease, before for periods before January 1, 2019.
 (b)Accelerated access to Medicare AdvantageSection 17006(a)(3) of the 21st Century Cures Act (Public Law 114–255) is amended by striking 2021 and inserting 2020. (c)Accelerated MedPAC risk adjustment reportSection 17006(f)(2)(A)(i)(II) of the 21st Century Cures Act (Public Law 114–255) is amended by striking 2020 and inserting 2019.
				202.Medigap coverage for beneficiaries with end-stage renal disease
				(a)Guaranteed availability of medigap policies to all ESRD medicare beneficiaries
 (1)In generalSection 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended— (A)in paragraph (2)—
 (i)in subparagraph (A), by striking is 65 and inserting the following: “is—  (i)65 years of age or older and is enrolled for benefits under part B; or
 (ii)is entitled to benefits under 226A(b) and is enrolled for benefits under part B.; and (ii)in subparagraph (D), in the matter preceding clause (i), by inserting (or is entitled to benefits under 226A(b)) after is 65 years of age or older; and
 (B)in paragraph (3)(B)— (i)in clause (ii), by inserting (or is entitled to benefits under 226A(b)) after is 65 years of age or older; and
 (ii)in clause (vi), by inserting (or under 226A(b)) after at age 65. (2)Effective dateThe amendments made by paragraph (1) shall apply to Medicare supplemental policies effective on or after January 1, 2020.
					(b)Additional enrollment period for certain individuals
					(1)One-time enrollment period
 (A)In generalIn the case of an individual described in subparagraph (B), the Secretary of Health and Human Services shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy under section 1882 of the Social Security Act (42 U.S.C. 1395ss) of the individual’s choosing.
 (B)Enrollment periodThe enrollment period established under subparagraph (A) shall begin on January 1, 2020, and shall end June 30, 2020.
 (2)Individual describedAn individual described in this paragraph is an individual who— (A)is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act under section 226A(b) of such Act (42 U.S.C. 426–1);
 (B)is enrolled for benefits under part B of such title XVIII; and (C)would not, but for the provisions of, and amendments made by, subsection (a) be eligible for the guaranteed issue of a Medicare supplemental policy under paragraph (2) or (3) of section 1882(s) of such Act (42 U.S.C. 1395ss(s)).
						203.Promoting access to home dialysis treatments
 (a)In generalSection 1881(b)(3) of the Social Security Act (42 U.S.C. 1395rr(b)(3)) is amended— (1)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
 (2)in clause (ii), as redesignated by subparagraph (A), strike on a comprehensive and insert subject to subparagraph (B), on a comprehensive; (3)by striking With respect to and inserting (A) With respect to; and
 (4)by adding at the end the following new subparagraph:  (B)For purposes of subparagraph (A)(ii), an individual determined to have end-stage renal disease receiving home dialysis may choose to receive the monthly end-stage renal disease-related visits furnished on or after January 1, 2018, via telehealth if the individual receives a face-to-face visit, without the use of telehealth, at least once every three consecutive months..
					(b)Originating site requirements
 (1)In generalSection 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended— (A)in paragraph (4)(C)(ii), by adding at the end the following new subclauses:

 (IX)A renal dialysis facility, but only for purposes of section 1881(b)(3)(B). (X)The home of an individual, but only for purposes of section 1881(b)(3)(B).; and
 (B)by adding at the end the following new paragraph:  (5)Treatment of home dialysis monthly ESRD-related visitThe geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services furnished on or after January 1, 2018, for purposes of section 1881(b)(3)(B), at an originating site described in subclause (VI), (IX), or (X) of paragraph (4)(C)(ii)..
 (2)No facility fee if originating site for home dialysis therapy is the homeSection 1834(m)(2)(B) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended— (A)by redesignating clauses (i) and (ii) as subclauses (I) and (II), and indenting appropriately;
 (B)in subclause (II), as redesignated by subparagraph (A), by striking clause (i) or this clause and inserting subclause (I) or this subclause; (C)by striking site.—With respect to and inserting “site.—

 (i)In generalSubject to clause (ii), with respect to; and (D)by adding at the end the following new clause:

 (ii)No facility fee if originating site for home dialysis therapy is the homeNo facility fee shall be paid under this subparagraph to an originating site described in paragraph (4)(C)(ii)(X)..
 (c)Conforming amendmentSection 1881(b)(1) of the Social Security Act (42 U.S.C. 1395rr(b)(1)) is amended by striking paragraph (3)(A) and inserting paragraph (3)(A)(i). (d)Exclusion from remuneration for purposes of applying civil monetary penalties (1)In generalSection 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended—
 (A)in subparagraph (H)(iv), by striking ; or at the end; (B)in subparagraph (I), by striking the period at the end and inserting ; or; and
 (C)by adding at the end the following new subparagraph:  (J)the provision of telehealth or remote patient monitoring technologies to individuals under title XVIII by a health care provider for the purpose of furnishing telehealth or remote patient monitoring services..
 (2)Effective dateThe amendments made by this subsection shall apply to services furnished on or after the date of the enactment of this Act.
					204.Allowing individuals with kidney failure to retain access to private insurance
 (a)In generalSection 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended— (1)in the last sentence, by inserting and before January 1, 2018 after prior to such date; and
 (2)by adding at the end the following new sentence: Effective for items and services furnished on or after January 1, 2018 (with respect to periods beginning on or after the date that is 42 months prior to such date), clauses (i) and (ii) shall be applied by substituting 42-month for 12-month each place it appears..
 (b)Effective dateThe amendments made by this subsection shall take effect on the date of enactment of this Act. For purposes of determining an individual’s status under section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as amended by subsection (a), an individual who is within the coordinating period as of the date of enactment of this Act shall have that period extended to the full 42 months described in the last sentence of such section, as added by the amendment made by subsection (a)(2).
				IIIImproving patient care and ensuring quality outcomes
			301.Maintain an economically stable dialysis infrastructure
 (a)In generalSection 1881(b)(14) of the Social Security Act (42 U.S.C. 1395rr(b)(14)) is amended— (1)in subparagraph (D), in the matter preceding clause (i), by striking Such system and inserting Subject to subparagraph (J), such system; and
 (2)by adding at the end the following new subparagraph:  (J)For payment for renal dialysis services furnished on or after January 1, 2018, under the system under this paragraph—
 (i)the payment adjustment described in clause (i) of subparagraph (D)— (I)shall not take into account comorbidities; and
 (II)shall only take into account age for purposes of distinguishing between individuals who are under 18 years of age and those who are 18 years of age and older but shall not include any other adjustment for age;
 (ii)the Secretary shall reassess any adjustments related to patient weight under such clause; (iii)the payment adjustment described in clause (ii) of such subparagraph shall not be included;
 (iv)the standardization factor described in the final rule published in the Federal Register on November 8, 2012 (77 Fed. Reg. 67470), shall be established using the most currently available data (and not historical data) and adjusted on an annual basis, based on such available data, to account for any change in utilization of drugs and any modification in adjustors applied under this paragraph; and
 (v)take into account reasonable costs for determining the payment rate consistent with paragraph (2)(B)..
 (b)Inclusion of network fee as an allowable costSection 1881(b)(14) of the Social Security Act (42 U.S.C. 1395rr(b)(14)), as amended by subsection (a), is amended by adding at the end the following new subparagraph:

 (K)Not later than January 1, 2018, the Secretary shall amend the ESRD facility cost report to include the per treatment network fee (as described in paragraph (7)) as an allowable cost or offset to revenue..
				302.Improve patient decision making and transparency by consolidating and modernizing quality programs
 (a)MeasuresSection 1881(h)(2) of the Social Security Act (42 U.S.C. 1395rr(h)(2)) is amended by adding at the end the following new subparagraphs:

 (F)Weighting limitationNo single measure specified by the Secretary or individual measure within a composite measure so specified may be weighted less than 10 percent of the total performance score.
 (G)Statistically valid and reliableIn specifying measures under subparagraph (A), the Secretary shall only specify measures that have been shown to be statistically valid and reliable through testing..
 (b)EndorsementSection 1881(h)(2)(B) of the Social Security Act (42 U.S.C. 1395rr(h)(2)(B)) is amended— (1)in clause (ii), by adding at the end the following new sentence: The exception under the preceding sentence shall not apply to a measure that the entity with a contract under section 1890(a) (or a similar entity) considered but failed to endorse.; and
 (2)by adding at the end the following new clause:  (iii)Composite measuresClauses (i) and (ii) shall apply to composite measures in the same manner as such clauses apply to individual measures..
 (c)Requirements for dialysis facility compare star rating programSection 1881(h)(6) of the Social Security Act (42 U.S.C. 1395rr(h)(6)) is amended by adding at the end the following new subparagraph:

 (E)Requirements for any dialysis facility compare star rating programTo the extent that the Secretary maintains a dialysis facility compare star rating program, under such a program the Secretary—
 (i)shall assign stars using the same methodology and total performance score results from the quality incentive program under this subsection;
 (ii)shall determine the stars using the same methodology used under such quality incentive program; and (iii)shall not use a forced bell curve when determining the stars or rebaselining the stars..
 (d)Hospitals required To provide informationSection 1881 of the Social Security Act (42 U.S.C. 1395rr) is amended by adding at the end the following new subsection:

						(i)Hospitals required To provide information
 (1)In generalThe Secretary shall establish a process under which a hospital or a critical access hospital shall provide a renal dialysis facility with health and treatment information with respect to an individual who is discharged from the hospital or critical access hospital and who subsequently receives treatment at facility.
 (2)ElementsUnder the process established under paragraph (1)— (A)the request for the health information may be initiated by the individual prior to discharge or upon request by the renal dialysis facility after the patient is discharged; and
 (B)the information must be provided to the facility within 7 days of the request being made.. (e)Incentive paymentsSection 1881(h)(1) of the Social Security Act (42 U.S.C. 1395rr(h)(1)) is amended by adding at the end the following new subparagraph:

						(D)Incentive payments
 (i)In generalIn the case of a provider of services or a renal dialysis facility that the Secretary determines exceeds the attainment performance standards under paragraph (4) with respect to a year, the Secretary may make a bonus payment to the provider or facility (pursuant to a process established by the Secretary).
 (ii)FundingThe total amount of bonus payments under clause (i) in a year shall be equal to the total amount of reduced payments in a year under subparagraph (A).
 (iii)No effect in subsequent yearsThe provisions of subparagraph (C) shall apply to a bonus payment under this subparagraph in the same manner subparagraph (C) applies to a reduction under such subparagraph..
 (f)Effective dateThe amendments made by this section shall apply to items and services furnished on or after January 1, 2019.
				303.Increasing access to Medicare kidney disease education benefit
 (a)In generalSection 1861(ggg) of the Social Security Act (42 U.S.C. 1395x(ggg)) is amended— (1)in paragraph (1)—
 (A)in subparagraph (A), by inserting or stage V after stage IV; and (B)in subparagraph (B), by inserting or of a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)) assisting in the treatment of the individual’s kidney condition after kidney condition; and
 (2)in paragraph (2)— (A)by striking subparagraph (B); and
 (B)in subparagraph (A)— (i)by striking (A) after (2);
 (ii)by striking and at the end of clause (i); (iii)by striking the period at the end of clause (ii) and inserting ; and;
 (iv)by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (v)by adding at the end the following:

 (C)a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i)provide the services described in paragraph (1); and
 (ii)is a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in subsection (aa)(5))..
 (b)Payment to renal dialysis facilitiesSection 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph:

 (15)For purposes of paragraph (14), the single payment for renal dialysis services under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ggg)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848..
 (c)Effective dateThe amendments made by this section apply to kidney disease education services furnished on or after January 1, 2018.
				304.Certification of new facilities
 (a)In generalSection 1865(a) of the Social Security Act (42 U.S.C. 1395bb(a)) is amended— (1)in paragraph (1), by striking or the conditions and requirements under section 1881(b); and
 (2)by adding at the end the following new paragraph:  (5)Not later than 6 months after the date of enactment of the Chronic Kidney Disease Improvement in Research and Treatment Act of 2017, the Secretary shall, for purposes of this subsection, accept a completed application from any national accreditation body for purposes of accrediting provider entities required to meet the conditions and requirements under section 1881(b). Any application received under this paragraph shall be deemed approved unless the Secretary, not later than 90 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the applicant. After the date the Secretary receives such additional information, the Secretary, not later than 90 days after such date, shall approve or deny such request..
 (b)Effective dateThe amendment made by subsection (a) shall take effect on the date of enactment of this Act and apply to a finding made on or after such date.
				305.Improving access in underserved areas
 (a)Definition of primary care servicesSection 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting and includes renal dialysis services before the period at the end.
 (b)National health service corps scholarship programSection 338A(a)(2) of the Public Health Service Act (42 U.S.C. 254l(a)(2)) is amended by inserting , including nephrology health professionals before the period at the end. (c)National health service corps loan repayment programSection 338B(a)(2) of the Public Health Service Act (42 U.S.C. 254l–1(a)(2)) is amended by inserting , including nephrology health professionals before the period at the end.