		I
		112th CONGRESS
		2d Session
		H. R. 6284
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2012
			Ms. Richardson (for
			 herself and Ms. Norton) introduced the
			 following bill; which was referred to the Committee on Education and the Workforce,
			 and in addition to the Committee on Energy
			 and Commerce, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To establish a grant program for nebulizers in elementary
		  and secondary schools.

		1.Short titleThis Act may be cited as the
			 Breath of Fresh Air
			 Act.
		2.FindingsThe Congress finds as follows:
			(1)25,000,000 people,
			 including 7,000,000 children, have asthma.
			(2)Almost 13,000,000
			 people report having an asthma attack in the past year and asthma accounts for
			 nearly 2,000,000 emergency department visits each year.
			(3)Every day in the
			 United States—
				(A)30,000 people have
			 an asthma attack; and
				(B)11 people die from
			 asthma.
				(4)Nearly 5,000,000
			 asthma sufferers are under 18 years of age, and 1 out of every 10 school-aged
			 children has asthma.
			(5)Minorities are
			 adversely affected by asthma, as—
				(A)African-Americans
			 are 3 times more likely to die from asthma; and
				(B)Hispanics may have
			 an elevated risk for exposure to air pollution since a disproportionate number
			 live in areas failing to meet one or more national standards for air
			 pollutants. (It is estimated that 80 percent of Hispanics live in areas that
			 failed to meet one United States Environmental Protection Agency air quality
			 standard, compared to 65 percent of African-Americans and 57 percent of
			 Whites.)
				3.Grant program for
			 nebulizers
			(a)Program
			 requiredThe Secretary of Education shall carry out a program
			 under which the Secretary makes grants to local educational agencies, to be
			 used by the local educational agencies for one or both of the following:
				(1)To purchase
			 nebulizers for use in elementary and secondary schools served by the local
			 educational agency.
				(2)To provide training to enable elementary
			 and secondary schools served by the local educational agency to meet the
			 requirements of subsection (d)(1), but only if nebulizers are already in use at
			 such schools or are acquired through this program.
				(b)Eligibility
				(1)Local
			 educational agenciesTo be eligible to receive a grant under this
			 section, a local educational agency shall submit an application to the
			 Secretary at such time, in such form, and containing such information as the
			 Secretary may require.
				(2)Elementary and
			 secondary schoolsTo be
			 eligible to receive a nebulizer through a grant under this section, a school
			 may be any public or private school served by the local educational agency,
			 except that an Internet- or computer-based community school is not
			 eligible.
				(c)Matching funds
			 required
				(1)In
			 generalTo be eligible to receive a grant under this section, the
			 local educational agency must provide matching funds from non-Federal sources
			 equal to not less than 25 percent of the amount of the grant.
				(2)WaiverThe Secretary shall waive the requirement
			 of paragraph (1) for a local educational agency if the number of children
			 counted under section 1124(c)(1)(A) of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number
			 of children aged 5 to 17, inclusive, served by the local educational
			 agency.
				(d)Training and
			 coordination requiredA local
			 educational agency that receives a grant under this section shall demonstrate
			 that, for each elementary and secondary school at which the nebulizers are to
			 be used—
				(1)there is a full-time certified school nurse
			 on staff;
				(2)the school has the trained personnel and
			 other resources necessary to use the nebulizers;
				(3)local paramedics and other emergency
			 services personnel are notified where on school grounds the nebulizers are to
			 be located;
				(4)the nebulizer will
			 be integrated into the school’s emergency response plan or procedures;
			 and
				(5)the school has
			 procedures in place to ensure that parents are notified of the availability of
			 the nebulizers, how to provide their child’s prescription asthma medication to
			 the school, and how to authorize use of a nebulizer to assist their child when
			 medically appropriate.
				(e)PriorityIn
			 making grants under this section, the Secretary shall give priority to local
			 educational agencies—
				(1)having
			 jurisdiction over a geographic area with respect to which the Director of the
			 Centers for Disease Control and Prevention has determined that the prevalence
			 of asthma is at least 10 percent higher than the national average;
				(2)that do not already have at least one
			 nebulizer in each school served by the local educational agency;
				(3)serve schools at which a significant number
			 of students, staff, and visitors are present on school grounds during a typical
			 day; and
				(4)that have not received funds under the
			 Rural Access to Emergency Devices Act (42 U.S.C. 254c note).
				(f)ESEA
			 definitionsThe terms used in
			 this section shall have the meanings given to such terms in section 9101 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
			(g)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this section such sums as may be necessary for each of fiscal years 2013
			 through 2018.
			4.ConstructionNothing in this Act shall be
			 construed—
			(1)to create
			 liability for use of a nebulizer or affect liability for such use that exists
			 under other law; or
			(2)to supersede a
			 State law regulating nursing.


116 SRES 43 ATS: Honoring the 150th anniversary of the establishment of Lindsborg, Kansas.
U.S. Senate
2019-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		116th CONGRESS
		1st Session
		S. RES. 43
		IN THE SENATE OF THE UNITED STATES

			February 5, 2019
			Mr. Moran (for himself and Mr. Roberts) submitted the following resolution; which was referred to the Committee on the Judiciary

		February 28, 2019Committee discharged; considered and agreed toRESOLUTION
		Honoring the 150th anniversary of the establishment of Lindsborg, Kansas.

 Whereas February 20, 2019, marks the 150th anniversary of the establishment of Lindsborg, a town in McPherson County, Kansas;
 Whereas, in 1868, Kansas was known as the great American desert, as it was reported that it never rained in Kansas, and upon organizing the first Swedish Agricultural Company in April 1868, Chairman John Ferm said, If God is going to let us settle in Kansas, he will give us rain.;
 Whereas, after claims were filed in May 1866 in the general area that was to become Lindsborg, the Swedish Agricultural Company entered into a contract for the purchase of 16,000 acres of land from the Kansas-Pacific Rail Road Company;
 Whereas, in December 1868, a call to Sweden for settlers was sent and a promising young pastor named Dr. Olof Olsson was chosen to lead a large group of settlers the next spring;
 Whereas, on January 20, 1869, the Swedish Agricultural Company settled the site that was to become Lindsborg and the development of the land and farming commenced;
 Whereas, the Swedish Agriculture Company, with several members of the Company having Lind in their surname, determined the name of the settlement to be Lindsborg on February 20, 1869, and, the members having fulfilled their role, the Swedish Agricultural Company was dissolved shortly thereafter;
 Whereas Pastor Olof Olsson and a group of 100 Swedish immigrants from the Värmland province of Sweden arrived at the settlement on June 27, 1869;
 Whereas Lindsborg is widely known as Little Sweden due to its Swedish traditions and population of Swedish immigrants; Whereas the Sesquicentennial Festival Committee for Lindsborg has declared the theme for 2019 to be Sweden to the Plains—Living the Legacy;
 Whereas Svensk Hyllningsfest is a biennial festival celebrating the Swedish heritage of Lindsborg with arts and crafts, special foods, ethnic music, traditional folk dance and dress, and other Swedish entertainment;
 Whereas King Carl XVI Gustaf of Sweden visited Lindsborg during his royal tour of the United States in April 1976; and
 Whereas the Swedish immigrants who settled in Kansas endured harsh weather conditions to establish Lindsborg and the people of Lindsborg have continued to maintain their Swedish heritage, making Lindsborg a cultural destination: Now, therefore, be it

 That the Senate— (1)honors Lindsborg, Kansas, on the 150th anniversary of its establishment;
 (2)commends the men and women who have made Lindsborg the town full of rich culture it is today; and (3)honors the immigrants of the Värmland province of Sweden for settling in Lindsborg.


115 HR 3786 IH: Great Lakes Environmental Sensitivity Index Act of 2017
U.S. House of Representatives
2017-09-14
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.

I115th CONGRESS1st SessionH. R. 3786IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2017Mr. Kildee (for himself, Mr. Joyce of Ohio, Mr. Huizenga, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo require the Under Secretary for Oceans and Atmosphere to update periodically the environmental
			 sensitivity index products of the National Oceanic and Atmospheric
			 Administration for each coastal area of the Great Lakes, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Great Lakes Environmental Sensitivity Index Act of 2017. 2.Update to environmental sensitivity index products of National Oceanic and Atmospheric Administration for Great Lakes (a)Update required environmental sensitivity index products for Great LakesNot later than 180 days after the date of the enactment of this Act, the Under Secretary for Oceans and Atmosphere shall commence updating the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for each coastal area of the Great Lakes.
 (b)Periodic updates for environmental sensitivity index products generallySubject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall—
 (1)periodically update the environmental sensitivity index products of the Administration; and (2)endeavor to do so not less frequently than once every 7 years.
 (c)PrioritiesWhen prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider—
 (1)the age of existing environmental sensitivity index products for the areas; (2)the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update;
 (3)the natural variability of shoreline and coastal environment; and (4)the volume of vessel traffic and general vulnerability to spilled pollutants.
 (d)Environmental sensitivity index product definedIn this subsection, the term environmental sensitivity index product means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.
			(e)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to the Under Secretary $7,500,000 to carry out subsection (a).
 (2)AvailabilityAmounts appropriated or otherwise made available pursuant to paragraph (1) shall be available to the Under Secretary for the purposes set forth in such paragraph until expended.


117 HR 655 IH: Securing Helium for Science Act
U.S. House of Representatives
2021-01-28
text/xml
EN
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I117th CONGRESS1st SessionH. R. 655IN THE HOUSE OF REPRESENTATIVESFebruary 1, 2021Mr. Neguse introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Helium Act to ensure continued access to helium for holders of Federal research grants, and for other purposes.1.Short titleThis Act may be cited as the Securing Helium for Science Act.2.Sale of crude helium(a)In generalSection 6 of the Helium Act (50 U.S.C. 167d) is amended—(1)in subsection (d)—(A) in paragraph (3), by striking (e) and inserting (f);(B)in paragraph (4), by striking (e) and inserting (f); and(C)by adding at the end the following:(5)Responsibilities of purchaserThe Secretary may not sell the Federal Helium Reserve unless the purchaser agrees to be subject to the same requirements as the Secretary under subsection (e), except that such requirements shall not terminate until the end of the 8-year period described in subsection (e)(1).;(2)by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and(3)by inserting the following after subsection (d):(e)Phase E: Continued access for researchers(1)In generalExcept as provided in paragraph (3), during the 8-year period beginning on the earlier of September 30, 2022, or the date on which the Secretary ends sales of helium under subsection (c), the Secretary shall offer crude helium for sale to holders of a Federal research grant in quantities not to exceed 30 million cubic feet of crude helium annually, at such times and under such terms and conditions as the Secretary determines appropriate.(2)Price(A)First yearDuring the 1-year period beginning on the date of the first sale of helium under paragraph (1), the price of helium sold under such paragraph shall be 5 percent higher than the price of the most recent sale of helium under subsection (c).(B)Subsequent yearsThe Secretary shall increase the price of helium offered under this paragraph by 5 percent in each subsequent year in which sales occur under this subsection.(3)TerminationThe requirements of this subsection shall not apply to the Secretary beginning on the date that a purchaser of the Federal Helium Reserve that has agreed to be subject to the requirements of this subsection assumes control of such Federal Helium Reserve..(b)Conforming amendmentSection 3(c) of the Helium Act (50 U.S.C. 167a(c)) is amended by striking 6(e) and inserting 6(f).


109 HR 3298 IH: Television Viewer Consumer Protection Act of 2005
U.S. House of Representatives
2005-07-14
text/xml
EN
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I
109th CONGRESS
1st Session
H. R. 3298
IN THE HOUSE OF REPRESENTATIVES

July 14, 2005
Mr. Fossella (for himself, Mr. Engel, Mr. Sessions, Mr. Ferguson, Mr. Conaway, Mr. Sullivan, Mr. Jenkins, Mr. Stearns, Mr. Simpson, Mr. Terry, Mr. Pickering, Mr. Boehner, Mr. Shimkus, Mr. Walden of Oregon, Mr. Gibbons, and Mr. Cannon) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To provide for the efficacy of television ratings services, and for other purposes.

1.Short title This Act may be cited as the Television Viewer Consumer Protection Act of 2005.
2.FindingsThe Congress finds and declares the following:
(1)Television ratings inform television operators and advertisers with respect to the size and demographic makeup of audiences for television programming.
(2)Television operators rely upon these ratings to fulfill their obligation to serve the public interest.
(3)Television viewers will receive the most representative variety of television programs if television ratings measurement services provide data that accurately reflects viewing by all demographic groups.
(4)Inaccurate ratings systems that undercount minority, young, family, and rural television viewers will adversely affect these populations if television operators air fewer telecasts that are intended to serve such viewers as a result of such inaccurate ratings.
(5)The interests of viewers of television programming will be best secured by an industry oversight system that guarantees accurate ratings of television shows.
(6)A body to ensure such oversight was established at the behest of Congress in the 1960s to guarantee the accuracy of television ratings.
(7)It is in the public interest to ensure that this body has the necessary authority to fulfill its critical role.
3.Prohibition
(a)Accreditation requiredNo television ratings service may sell, offer to sell, or otherwise provide, in or affecting interstate commerce, data from a television ratings measurement system that produces, or is designed to produce, television ratings data to be used commercially as currency ratings unless that system has been accredited by the Media Rating Council.
(b)Dispute resolutionAny dispute between a television ratings service and the Media Rating Council shall be resolved in accordance with the provisions of section 4.
4.Dispute resolution
(a)Rules for dispute resolutionAny dispute between a television ratings service and the Media Rating Council shall be resolved according to the commercial rules then in effect of the American Arbitration Association.
(b)Formation of arbitration panelUpon a complaint by either a television ratings service or the Media Rating Council, an arbitration panel shall be appointed from a list of arbitrators submitted by the American Arbitration Association.
(c)Decisions bindingAny decision reached by the arbitration panel shall be binding upon the parties.
5.DefinitionsFor purposes of this Act:
(1)Currency ratingsThe term currency ratings means data produced by television ratings measurement systems that are widely used by a significant portion of television operators and advertisers to determine the commercial value of advertising on television.
(2)Media rating councilThe term Media Rating Council means—
(A)the organization formed by the television industry in 1964 to represent the interests of advertisers and television operators in accurate ratings of television programming; or
(B)any other entity formed for the purpose of accrediting television ratings services pursuant to the provisions of section 3 and that has been approved for such purpose by the Federal Communications Commission.
(3)Television ratings measurement systemThe term television ratings measurement system means any system designed to measure the viewing habits of television viewers and to produce commercially usable data based on such measurements.


115 HR 1651 IH: National Nurse Act of 2017
U.S. House of Representatives
2017-03-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1651IN THE HOUSE OF REPRESENTATIVESMarch 21, 2017Ms. Eddie Bernice Johnson of Texas (for herself, Mr. King of New York, Mr. Tonko, Mr. Engel, Ms. Schakowsky, Mr. Young of Alaska, Mr. Lance, Mr. Schrader, Ms. Herrera Beutler, Mr. Harper, Mr. McKinley, and Mr. Cramer) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo designate the same individual serving as the Chief Nurse Officer of the Public Health Service as
			 the National Nurse for Public Health.

 1.Short titleThis Act may be cited as the National Nurse Act of 2017. 2.National Nurse for Public HealthTitle XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following:

				1711.National Nurse for Public Health
 (a)EstablishmentThe same individual designated as the Chief Nurse Officer of the Public Health Service under section 205 shall also be designated by the Secretary as the National Nurse for Public Health.
 (b)DutiesThe National Nurse for Public Health shall carry out the following: (1)Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council.
 (2)Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels.
 (3)Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service.
 (4)Conduct outreach and education for purposes of paragraphs (5) through (7). (5)Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health.
 (6)Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses.
 (7)Provide guidance and leadership for activities that will increase public safety and emergency preparedness.
 (8)Prepare and publish a biennial report on the state of the Commissioned Corps of the Public Health Service Nurse Category.
						(c)National health priorities—National Prevention Strategy
 (1)In generalThe National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall continue to participate in the identification of national health priorities.
 (2)Addressing national health prioritiesThe National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations.
						(3)Community-based projects
 (A)ImplementationIn addressing national health priorities, the National Nurse for Public Health shall— (i)provide guidance and coordination on recommended activities to organizations;
 (ii)acknowledge successful programs and encourage their replication; (iii)promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities;
 (iv)encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities in their local communities; and
 (v)collaborate with Federal agencies to monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed.
 (B)Outreach and educationIn conducting outreach and education under subsection (b)(4), the National Nurse for Public Health shall give priority to the inclusion of diverse approaches, including social media campaigns, to address national health priorities.
 (C)Dissemination of informationThe National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action..


115 HR 4664 IH: Repeal Insurance Plans of the Multi-State Program Act of 2017
U.S. House of Representatives
2017-12-15
text/xml
EN
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I115th CONGRESS1st SessionH. R. 4664IN THE HOUSE OF REPRESENTATIVESDecember 15, 2017Mr. Meadows introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Appropriations, 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 repeal the multi-State plan program.

 1.Short titleThis Act may be cited as the Repeal Insurance Plans of the Multi-State Program Act of 2017  or the RIP MSP Act. 2.Repeal of Multi-State Plan program (a)DefinitionsIn this section, the terms multi-State plan issuer and MSP issuer mean a health insurance issuer or group of health insurance issuers that has a contract with the Office of Personnel Management to offer multi-State plan options pursuant to section 1334 of the Patient Protection and Affordable Care Act (Public Law 111–148).
 (b)Program RepealEffective October 1, 2018, section 1334 of the Patient Protection and Affordable Care Act (Public Law 111–148) shall have no force or effect.
 (c)Required reportingNot later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall provide the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a briefing concerning the efforts of the Office of Personnel Management (referred to in this section as OPM) to wind down the multi-State program under section 1334 of the Patient Protection and Affordable Care Act. Such briefing shall contain such information as may be required, including information regarding—
 (1)the methods of communication OPM and an MSP issuer will use to notify current enrollees that the multi-State plan will not be offered during the next open season, including a timeline of the planned communications;
 (2)a description of how the Director of OPM will work with the Secretary of Health and Human Services to ensure that no plans previously offered pursuant to such section 1334 are offered on State or Federal Exchanges; and
 (3)a timeline detailing how OPM will close down the information technology portal that MSP issuers utilize.
 (d)Rescission of Unused FundsOf the amounts made available to OPM for the purposes of staffing and administering the program under section 1334 of the Patient Protection and Affordable Care Act, the unobligated balance is rescinded, effective October 1, 2018.
 (e)Sense of CongressIt is the sense of Congress that— (1)the Director of the Office of Personnel Management should assign employees of the Office whose duties on the date of enactment relate to carrying out section 1334 of the Patient Protection and Affordable Care Act (Public Law 111–148) to duties relating to processing appeals brought by individuals or employers pursuant to such section 1334; and
 (2)no additional amounts should be appropriated for salaries and expenses relating to processing such appeals.


114 HR 4591 IH: Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act
U.S. House of Representatives
2016-02-23
text/xml
EN
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		I
		114th CONGRESS
		2d Session
		H. R. 4591
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2016
			Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into
			 agreements with certain health care providers to furnish hospital care,
			 medical services, and extended care to veterans.

 1.Short titleThis Act may be cited as the Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act. 2.Agreements (a)In generalSubchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section:

					1703A.Veterans Care Agreements with certain health care providers
						(a)Veterans Care Agreements
 (1)In addition to furnishing hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into pursuant to provisions of law other than this section, the Secretary may furnish such care and services to eligible veterans through the use of agreements entered into under this section by the Secretary with eligible providers.
 (2)The Secretary may enter into Veterans Care Agreements under this section with eligible providers to furnish hospital care, medical services, and extended care to veterans whom the Secretary determines that furnishing such care and services at facilities of the Department or under contracts or sharing agreements under provisions of law other than this section is impracticable or inadvisable because of the medical condition of the veteran, the travel involved, or the nature of the care or services required, or a combination of such factors.
 (b)Veteran eligibilityEligibility of a veteran for care and services under this section shall be determined as if such care or services were furnished in a facility of the Department, and provisions of this title applicable to veterans receiving such care and services in a facility of the Department shall apply to veterans receiving care and services under this section.
 (c)Provider eligibilitySubject to the certification process pursuant to subsection (d)(1), a provider of hospital care, medical services, or extended care is eligible to enter into a Veterans Care Agreement under this section if the Secretary determines that the provider meets each of the following criteria:
 (1)The gross annual revenue of the provider in the year preceding the year in which the provider enters into the Veterans Care Agreement does not exceed $11,000,000 (as adjusted in a manner similar to amounts adjusted pursuant to section 5312 of this title).
 (2)The provider does not otherwise provide such care or services to patients pursuant to a contract entered into with a department or agency of the Federal Government.
 (3)The provider is— (A)a provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a));
 (B)a physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h));
 (C)a provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan;
 (D)an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or
 (E)a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)).
 (4)Any additional criteria determined appropriate by the Secretary. (d)Provider certification (1)The Secretary shall establish a process for the certification of eligible providers to enter into Veterans Care Agreements under this section that shall, at a minimum, set forth the following:
 (A)Procedures for the submission of applications for certification and deadlines for actions taken by the Secretary with respect to such applications.
 (B)Standards and procedures for the approval and denial of certifications and the revocation of certifications.
 (C)Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation.
 (D)Requirement for denial or revocation of certification if the Secretary determines that the otherwise eligible provider is—
 (i)excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a–7 and 1320a–7a); or
 (ii)identified as an excluded source on the list maintained in the System for Award Management, or any successor system.
 (E)Procedures by which a provider whose certification is denied or revoked under the procedures established under this subsection will be identified as an excluded source on the list maintained in the System for Award Management, or successor system, if the Secretary determines that such exclusion is appropriate.
 (2)To the extent practicable, the Secretary shall establish the procedures under paragraph (1) in a manner that takes into account any certification process administered by another department or agency of the Federal Government that an eligible provider has completed by reason of being a provider described in any of subparagraphs (A) through (E) of subsection (c)(3).
 (e)Terms of AgreementsThe Secretary shall ensure that each Veterans Care Agreement include provisions requiring the eligible provider to do the following:
 (1)To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable—
 (A)the rates paid by the United States for such care to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);
 (B)the rates paid by the United States pursuant to the Alaska Fee Schedule of the Department of Veterans Affairs;
 (C)the rates paid by the United States pursuant to an All-Payer Model Agreement under the Social Security Act; or
 (D)the rates paid by the United States in a highly rural area pursuant to section 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note).
 (2)To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care.
 (3)To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care and services outside the scope of such authorization.
 (4)To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section.
 (5)Not to seek to recover or collect from a health-plan contract or third party (as those terms are defined in section 1729 of this title) for any care or services for which payment is made by the Department under this section.
 (6)To provide medical records for veterans furnished care and services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section, except the Secretary may not require that any payment by the Secretary to the eligible provider be contingent on such provision of medical records.
 (7)To meet other such terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section.
							(f)Exclusion of certain Federal contracting provisions
 (1)Notwithstanding any other provision of law, the Secretary may enter into a Veterans Care Agreement using procedures other than competitive procedures.
							(2)
 (A)Except as provided in subparagraph (B) and unless otherwise provided in this section, an eligible provider that enters into a Veterans Care Agreement under this section is not subject to, in the carrying out of the agreement, any provision of law that providers of services and suppliers under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) are not subject to.
 (B)In addition to the provisions of laws covered by subparagraph (A), an eligible provider shall be subject to the following provisions of law:
 (i)Any applicable law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties.
 (ii)Section 431 of title 18. (iii)Section 1352 of title 31, except for the filing requirements under subsection (b) of such section.
 (iv)Section 4705 or 4712 of title 41, and any other applicable law regarding the protection of whistleblowers.
 (v)Section 4706(d) of title 41. (vi)Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under a Veterans Care Agreement.
 (C)An eligible provider that receives a payment from the Federal Government pursuant to a Veterans Care Agreement shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor based on the work performed or actions taken by such eligible provider that resulted in the receipt of such payments.
								(g)Termination of Veterans Care agreement
 (1)An eligible provider may terminate a Veterans Care Agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section.
 (2)The Secretary may terminate a Veterans Care Agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for the purposes of this section, if the Secretary—
 (A)determines that the eligible provider failed to comply with the provisions of the agreement or this section or other applicable provision of law;
 (B)makes a revocation pursuant to subsection (d)(1)(4); (C)ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans of the Department; or
 (D)determines that it is reasonable to terminate the agreement based on the health care needs of veterans.
								(h)Duration; mandatory reviews
 (1)Each Veterans Care Agreement entered into under this section shall be for a two-year period unless the Secretary extends the agreement pursuant to paragraph (2)(B).
							(2)
 (A)During the 180-day period beginning 540 days after the date on which a Veterans Care Agreement is entered into or renewed, the Secretary shall review the agreement to determine whether it is feasible and advisable to instead furnish the hospital care, medical services, or extended care furnished under the agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section.
 (B)If the Secretary determines under subparagraph (A) that it is not feasible and advisable to instead furnish hospital care, medical services, or extended care furnished under a Veterans Care Agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section, the Secretary—
 (i)shall prepare a written memorandum of such determination; and (ii)may renew such agreement.
									(i)Disputes
 (1)The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered into a Veterans Care Agreement to present any dispute arising under or related to the agreement.
 (2)Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under a Veterans Care Agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1).
 (j)Annual reportsNot later than October 1 of the year following the fiscal year in which the Secretary first enters into a Veterans Care Agreement, and each year thereafter, the Secretary shall submit to the appropriate congressional committees an annual report that includes—
 (1)a list of all Veterans Care Agreements entered into as of the date of the report; and (2)summaries of each determination made by the Secretary under subsection (h)(2) during the fiscal year covered by the report.
 (k)Quality of careIn carrying out this section, the Secretary shall use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services.
 (l)DelegationThe Secretary may delegate the authority to enter into or terminate a Veterans Care Agreement, or to make a determination described in subsection (h)(2), at a level not below the Assistant Deputy Under Secretary for Health for Community Care.
 (m)SunsetThe Secretary may not enter into or renew a Veterans Care Agreement under this section after the date that is five years after the enactment of this Act.
 (n)DefinitionsIn this section: (1)The term appropriate congressional committees means—
 (A)the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and (B)the Committees on Appropriations of the House of Representatives and the Senate.
 (2)The term eligible provider means a provider of hospital care, medical services, or extended care that the Secretary determines is eligible to enter into Veterans Care Agreements under subsection (c).
 (3)The term Veterans Care Agreement means an agreement entered into by the Secretary with an eligible provider under subsection (a)(1)..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item:

						1703A. Veterans Care Agreements with certain health care providers..
 (c)RegulationsNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe interim final regulations to implement section 1703A of title 38, United States Code, as added by subsection (a), and publish such regulations in the Federal Register.


		II
		111th CONGRESS
		2d Session
		S. 3934
		IN THE SENATE OF THE UNITED STATES

			September 29, 2010
			Mr. Wicker (for himself
			 and Mr. Vitter) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To provide tax relief for persons affected by the
		  discharge of oil in connection with the explosion on, and sinking of, the
		  mobile offshore drilling unit Deepwater Horizon.

		1.Short
			 titleThis Act may be cited as
			 the Gulf Coast Oil Recovery Zone Tax
			 Relief and Economic Recovery Act.
		2.Recovery zone;
			 Gulf oil spillFor purposes of
			 this Act—
			(1)Recovery
			 zoneThe term Recovery
			 Zone means the following counties and parishes affected by the Gulf oil
			 spill:
				(A)The counties of
			 Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla in the
			 State of Florida.
				(B)The counties of
			 Hancock, Harrison, and Jackson in the State of Mississippi.
				(C)The counties of
			 Mobile and Baldwin in the State of Alabama.
				(D)The parishes of
			 Orleans, St. Tammany, St. Bernard, Plaquemines, Jefferson, Lafourche,
			 Terrebonne, St. Mary, Iberia, Vermilion, and Cameron in the State of
			 Louisiana.
				(2)Gulf Oil
			 SpillThe term Gulf oil
			 spill means the discharge of oil by reason of the explosion on, and
			 sinking of, the mobile offshore drilling unit Deepwater Horizon.
			3.Non-recognition
			 of income from insurance proceeds which are reinvested in the recovery
			 zone
			(a)In
			 generalFor purposes of the Internal Revenue Code of 1986,
			 amounts received from any qualified Gulf oil spill payment shall be recognized
			 only to the extent that the amount realized exceeds the qualified investments
			 made by the taxpayer with respect to such qualified Gulf oil spill
			 payment.
			(b)Qualified Gulf
			 oil spill paymentFor purposes of this section, the term
			 qualified Gulf oil spill payment means—
				(1)any proceeds or
			 payments from insurance received in connection with the Gulf oil spill,
			 or
				(2)any payment for
			 damages attributable to the Gulf oil spill under section 1002 of the Oil
			 Pollution Act of 1990 (33 U.S.C. 2702).
				(c)Qualified
			 investmentFor purposes of this section—
				(1)In
			 generalThe term qualified investment means, with
			 respect to any qualified Gulf oil spill payment, the sum of the qualified
			 recovery zone investments which are made by the taxpayer before the date which
			 is 6 months after the later of—
					(A)the date of the
			 qualified Gulf oil spill payment, or
					(B)the date of the
			 enactment of this Act.
					(2)Qualified
			 recovery zone investmentThe term qualified recovery zone
			 investment means sum of—
					(A)amounts paid or
			 incurred for tangible property (to which section 168 of the Internal Revenue
			 Code of 1986 applies) acquired by purchase (within the meaning of section
			 179(d)(2) of such Code) for use in the active conduct of an recovery zone trade
			 or business property, plus
					(B)amounts paid or
			 incurred for start-up expenditures (as defined in section 195(c)) in connection
			 with a qualified recovery zone trade or business.
					(3)Qualified
			 recovery zone trade or businessThe term qualified recovery
			 zone trade or business means—
					(A)any commercial or
			 charter fishing business operating in the recovery zone, or
					(B)any hotel,
			 lodging, recreation, entertainment, or restaurant business located in the
			 recovery zone.
					(d)Reduction in
			 basisFor purposes of section 1016 of the Internal Revenue Code
			 of 1986, the basis in any qualified investment shall be reduced (but not below
			 zero) by an amount equal to the amount that bears the same ratio to such basis
			 (determined without regard to this subsection) as the amount of qualified Gulf
			 oil spill payments received by the taxpayer bears to the amount of qualified
			 investments made the by taxpayer with respect to such qualified Gulf oil spill
			 payments.
			4.5-year net operating
			 loss carryback for certain oil spill-related losses
			(a)In
			 generalFor purposes of the Internal Revenue Code of 1986, in the
			 case of a taxpayer which has a qualified oil spill loss (as defined in
			 subsection (b)) for a taxable year, such qualified oil spill loss shall be a
			 net operating loss carryback under section 172 of such Code to each of the 5
			 taxable years preceding the taxable year of such loss.
			(b)Qualified oil
			 spill lossesFor purposes of this section—
				(1)Definition
					(A)In
			 generalExcept as otherwise provided in this paragraph, the term
			 qualified oil spill loss means the lesser of—
						(i)the
			 excess of—
							(I)the amount of
			 losses in a taxable year ending after April 20, 2010, and before October 1,
			 2011, incurred by any trade or business operating in the recovery zone and
			 attributable to the Gulf oil spill, over
							(II)amounts received
			 during such taxable year as payments for lost profits and earning capacity
			 under section 1002(b)(2)(E) of the Oil Pollution Act of 1990 (33 U.S.C.
			 2702(b)(2)(E)), or
							(ii)the amount of
			 the net operating loss (as defined in section 172(c) of the Internal Revenue
			 Code of 1986) for such taxable year.
						(B)Safe harbor for
			 certain small businessesIn the case of any taxpayer the gross
			 revenues of whom for any taxable year ending after April 20, 2010, and before
			 October 1, 2011, do not exceed $5,000,000, such term means the amount of the
			 net operating loss (as so defined) of such business for such taxable
			 year.
					(C)Coordination
			 with qualified disaster lossesSuch term shall not include any
			 qualified disaster loss (as defined in section 172(j) of the Internal Revenue
			 Code of 1986).
					(2)Coordination
			 with subsection (b)(2)For
			 purposes of applying section 172(b)(2) of such Code, a qualified oil spill loss
			 for any taxable year shall be treated in a manner similar to the manner in
			 which a specified liability loss (as defined in section 172(f) of such Code) is
			 treated.
				(3)ElectionAny
			 taxpayer entitled to a 5-year carryback under subsection (a) from any loss year
			 may elect to have the carryback period with respect to such loss year
			 determined without regard to subsection (a). Such election shall be made in
			 such manner as may be prescribed by the Secretary and shall be made by the due
			 date (including extensions of time) for filing the taxpayer's return for the
			 taxable year of the net operating loss. Such election, once made for any
			 taxable year, shall be irrevocable for such taxable year.
				(c)Effective
			 date
				(1)In
			 generalExcept as otherwise provided in this subsection, this
			 section shall apply to net operating losses (as so defined) arising in taxable
			 years ending after April 20, 2010.
				(2)Transition
			 ruleIn the case of a net operating loss (as so defined) for a
			 taxable year ending before the date of the enactment of this Act—
					(A)notwithstanding
			 subsection (b)(1)(H)(iii)(II) or (b)(3) of section 172 of the Internal Revenue
			 Code of 1986, any election made under such subsections with respect to such
			 loss may be revoked before the applicable date,
					(B)any election made
			 under subsection (a) with respect to such loss shall (notwithstanding such
			 section) be treated as timely made if made before the applicable date,
			 and
					(C)any application
			 under section 6411(a) of such Code with respect to such loss shall be treated
			 as timely filed if filed before the applicable date.
					For purposes of this paragraph, the
			 term applicable date means the date which is 60 days after the
			 date of the enactment of this Act.5.Tax-favored
			 withdrawals from retirement plans for relief relating to the Gulf oil
			 spill
			(a)In
			 generalSection 72(t) of the Internal Revenue Code of 1986 shall
			 not apply to any qualified Gulf Coast oil spill distribution.
			(b)Aggregate
			 dollar limitation
				(1)In
			 generalFor purposes of this section, the aggregate amount of
			 distributions received by an individual which may be treated as qualified Gulf
			 Coast oil spill distributions for any taxable year shall not exceed the excess
			 (if any) of—
					(A)$100,000,
			 over
					(B)the aggregate
			 amounts treated as qualified Gulf Coast oil spill distributions received by
			 such individual for all prior taxable years.
					(2)Treatment of
			 plan distributionsIf a distribution to an individual would
			 (without regard to paragraph (1)) be a qualified Gulf Coast oil spill
			 distribution, a plan shall not be treated as violating any requirement of the
			 Internal Revenue Code of 1986 merely because the plan treats such distribution
			 as a qualified Gulf Coast oil spill distribution, unless the aggregate amount
			 of such distributions from all plans maintained by the employer (and any member
			 of any controlled group which includes the employer) to such individual exceeds
			 $100,000.
				(3)Controlled
			 groupFor purposes of paragraph (2), the term controlled
			 group means any group treated as a single employer under subsection (b),
			 (c), (m), or (o) of section 414 of such Code.
				(c)Amount
			 distributed may be repaid
				(1)In
			 generalAny individual who receives a qualified Gulf Coast oil
			 spill distribution may, at any time during the 3-year period beginning on the
			 day after the date on which such distribution was received, make one or more
			 contributions in an aggregate amount not to exceed the amount of such
			 distribution to an eligible retirement plan of which such individual is a
			 beneficiary and to which a rollover contribution of such distribution could be
			 made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of
			 such Code, as the case may be.
				(2)Treatment of
			 repayments of distributions from eligible retirement plans other than
			 irasFor purposes of such Code, if a contribution is made
			 pursuant to paragraph (1) with respect to a qualified Gulf Coast oil spill
			 distribution from an eligible retirement plan other than an individual
			 retirement plan, then the taxpayer shall, to the extent of the amount of the
			 contribution, be treated as having received the qualified Gulf Coast oil spill
			 distribution in an eligible rollover distribution (as defined in section
			 402(c)(4) of such Code) and as having transferred the amount to the eligible
			 retirement plan in a direct trustee to trustee transfer within 60 days of the
			 distribution.
				(3)Treatment of
			 repayments for distributions from irasFor purposes of such Code,
			 if a contribution is made pursuant to paragraph (1) with respect to a qualified
			 Gulf Coast oil spill distribution from an individual retirement plan (as
			 defined by section 7701(a)(37) of such Code), then, to the extent of the amount
			 of the contribution, the qualified Gulf Coast oil spill distribution shall be
			 treated as a distribution described in section 408(d)(3) of such Code and as
			 having been transferred to the eligible retirement plan in a direct trustee to
			 trustee transfer within 60 days of the distribution.
				(d)DefinitionsFor
			 purposes of this section—
				(1)Qualified Gulf
			 Coast oil spill distributionExcept as provided in subsection
			 (b), the term qualified Gulf Coast oil spill distribution means
			 any distribution from an eligible retirement plan made on or after April 20,
			 2010, and before January 1, 2012, to an individual whose principal place of
			 abode on April 20, 2010, is located in the recovery zone and who has sustained
			 an economic loss by reason of the Gulf oil spill.
				(2)Eligible
			 retirement planThe term eligible retirement plan
			 shall have the meaning given such term by section 402(c)(8)(B) of such
			 Code.
				(e)Income
			 inclusion spread over 3-Year period for qualified Gulf Coast oil spill
			 distributions
				(1)In
			 generalIn the case of any qualified Gulf Coast oil spill
			 distribution, unless the taxpayer elects not to have this subsection apply for
			 any taxable year, any amount required to be included in gross income for such
			 taxable year shall be so included ratably over the 3-taxable year period
			 beginning with such taxable year.
				(2)Special
			 ruleFor purposes of paragraph (1), rules similar to the rules of
			 subparagraph (E) of section 408A(d)(3) of such Code shall apply.
				(f)Special
			 rules
				(1)Exemption of
			 distributions from trustee to trustee transfer and withholding
			 rulesFor purposes of sections 401(a)(31), 402(f), and 3405 of
			 such Code, qualified Gulf Coast oil spill distributions shall not be treated as
			 eligible rollover distributions.
				(2)Qualified Gulf
			 Coast oil spill distributions treated as meeting plan distribution
			 requirementsFor purposes of such Code, a qualified Gulf Coast
			 oil spill distribution shall be treated as meeting the requirements of sections
			 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such
			 Code.
				6.Loans from
			 qualified plans for relief relating to the Gulf oil spill
			(a)Increase in
			 limit on loans not treated as distributionsIn the case of any
			 loan from a qualified employer plan (as defined under section 72(p)(4) of the
			 Internal Revenue Code of 1986) to a qualified individual made after the date of
			 enactment of this Act and before January 1, 2012—
				(1)clause (i) of
			 section 72(p)(2)(A) of such Code shall be applied by substituting
			 $100,000 for $50,000, and
				(2)clause (ii) of
			 such section shall be applied by substituting the present value of the
			 nonforfeitable accrued benefit of the employee under the plan for
			 one-half of the present value of the nonforfeitable accrued benefit of
			 the employee under the plan.
				(b)Delay of
			 repaymentIn the case of a qualified individual with an
			 outstanding loan on or after April 20, 2010, from a qualified employer plan (as
			 defined in section 72(p)(4) of such Code)—
				(1)if the due date
			 pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any
			 repayment with respect to such loan occurs during the period beginning on April
			 20, 2010, and ending on December 31, 2011, such due date shall be delayed for 1
			 year,
				(2)any subsequent
			 repayments with respect to any such loan shall be appropriately adjusted to
			 reflect the delay in the due date under paragraph (1) and any interest accruing
			 during such delay, and
				(3)in determining
			 the 5-year period and the term of a loan under subparagraph (B) or (C) of
			 section 72(p)(2) of such Code, the period described in paragraph (1) shall be
			 disregarded.
				(c)Qualified
			 individualFor purposes of this section, the term qualified
			 individual means an individual whose principal place of abode on April
			 20, 2005, is located in the recovery zone and who has sustained an economic
			 loss by reason of the Gulf oil spill.
			7.Work opportunity
			 tax credit for qualified recovery zone employees
			(a)In
			 generalFor purposes of section 51 of the Internal Revenue Code
			 of 1986, a qualified recovery zone employee shall be treated as a member of a
			 targeted group.
			(b)Qualified
			 recovery zone employeeFor purposes of this section, the term
			 Qualified recovery zone employee means any individual who on April
			 20, 2010, had a principal place of abode in the recovery zone and who is hired
			 during the 2-year period beginning on such date for a position the principal
			 place of employment of which is located in the recovery zone.
			(c)Reasonable
			 identification acceptableIn lieu of the certification
			 requirement under subparagraph (A) of section 51(d)(12) of such Code, an
			 individual may provide to the employer reasonable evidence that the individual
			 is a qualified recovery zone employee, and subparagraph (B) of such section
			 shall be applied as if such evidence were a certification described in such
			 subparagraph.
			(d)Special rules
			 for determining creditFor purposes of applying subpart F of part
			 IV of subchapter A of chapter 1 of such Code to wages paid or incurred to any
			 Hurricane Katrina employee—
				(1)section 51(c)(4)
			 of such Code shall not apply, and
				(2)section 51(i)(2)
			 of such Code shall not apply with respect to the first hire of such employee as
			 a qualified recovery zone employee, unless such employee was an employee of the
			 employer on April 20, 2010.
				8.Special allowance
			 for certain property acquired on or after April 20, 2010
			(a)Additional
			 allowanceFor purposes of the Internal Revenue Code of 1986, any
			 qualified recovery zone property shall be treated as qualified property under
			 section 168(k) of such Code.
			(b)Qualified
			 recovery zone propertyFor purposes of this section—
				(1)In
			 generalThe term qualified recovery zone property
			 means property—
					(A)which is described
			 in section 168(k)(2)(A)(i) of the Internal Revenue Code of 1986,
					(B)substantially all
			 of the use of which is in the recovery zone and is in the active conduct of a
			 trade or business by the taxpayer in such Zone,
					(C)the original use
			 of which in the recovery zone commences with the taxpayer on or after April 20,
			 2010,
					(D)which is acquired
			 by the taxpayer by purchase (as defined in section 179(d)) on or after April
			 20, 2010, but only if no written binding contract for the acquisition was in
			 effect before April 20, 2010, and
					(E)which is placed in
			 service by the taxpayer on or before January 1, 2013.
					(2)Exceptions
					(A)Alternative
			 depreciation propertySuch term shall not include any property
			 described in section 168(k)(2)(D)(i) of the Internal Revenue Code of
			 1986.
					(B)Tax-exempt
			 bond-financed propertySuch term shall not include any property
			 any portion of which is financed with the proceeds of any obligation the
			 interest on which is exempt from tax under section 103 of such Code.
					(C)Qualified
			 revitalization buildingsSuch term shall not include any
			 qualified revitalization building with respect to which the taxpayer has
			 elected the application of paragraph (1) or (2) of section 1400I(a) of such
			 Code.
					(D)Election
			 outIf a taxpayer makes an election under this subparagraph with
			 respect to any class of property for any taxable year, this section shall not
			 apply to all property in such class placed in service during such taxable
			 year.
					(E)Bonus
			 depreciation property under section
			 168(k)Such term shall not
			 include any property to which section 168(k) applies.
					(c)Special
			 rulesFor purposes of this section, rules similar to the rules of
			 subparagraph (E) of section 168(k)(2) of the Internal Revenue Code of 1986
			 shall apply to qualified recovery zone property, except that such subparagraph
			 shall be applied—
				(1)by substituting
			 April 20, 2010 for December 31, 2007 each place
			 it appears therein,
				(2)by substituting
			 January 1, 2013 for January 1, 2011 in clause (i)
			 thereof, and
				(3)by substituting
			 qualified recovery zone property for qualified
			 property in clause (iv) thereof.
				9.Extension of
			 15-year recovery period for certain property placed in service in the recovery
			 zoneFor purposes of section
			 168 of the Internal Revenue Code of 1986, the term 15-year
			 property shall include qualified leasehold improvement property (as
			 defined by section 168(e)(6) of such Code), qualified restaurant property (as
			 defined by section 168(e)(7) of such Code), and qualified retail improvement
			 property (as defined by section 168(e)(8) of such Code, determined without
			 regard to subclause (E) thereof) which is placed in service in the recovery
			 zone after April 20, 2010, and before January 1, 2013.
		10.Tax-Exempt Bond
			 Financing
			(a)In
			 generalFor purposes of the Internal Revenue Code of 1986—
				(1)any qualified
			 recovery zone bond described in subsection (b)(1)(A) shall be treated as an
			 exempt facility bond under section 142 of such Code, and
				(2)any qualified
			 recovery zone bond described in subsection (b)(1)(B) shall be treated as a
			 qualified mortgage bond under section 143(a) of such Code.
				(b)Qualified
			 recovery zone bondFor purposes of this section, the term
			 qualified recovery zone bond means any bond issued as part of an
			 issue if—
				(1)(A)95 percent or more of
			 the net proceeds (as defined in section 150(a)(3) of the Internal Revenue Code
			 of 1986) of such issue are to be used for qualified project costs, or
					(B)such issue meets the requirements of a
			 qualified mortgage issue (as defined in section 143(a)(2) of such Code), except
			 as otherwise provided in this subsection,
					(2)such bond is
			 issued by the State of Florida, Alabama, Louisiana, or Mississippi, or any
			 political subdivision thereof,
				(3)such bond is
			 designated for purposes of this section by—
					(A)in the case of a
			 bond which is required under State law to be approved by the bond commission of
			 such State, such bond commission, and
					(B)in the case of any
			 other bond, the Governor of such State,
					(4)such bond is
			 issued after the date of the enactment of this Act and before January 1, 2016,
			 and
				(5)no portion of the
			 proceeds of such issue is to be used to provide any property described in
			 section 144(c)(6)(B) of the Internal Revenue Code of 1986.
				(c)Limitations on
			 bondsThe maximum aggregate face amount of bonds which may be
			 designated under this section with respect to any State shall not exceed the
			 product of $2,500 multiplied by the portion of the State population which is in
			 the recovery zone (as determined on the basis of the most recent census
			 estimate of resident population released by the Bureau of Census before April
			 20, 2010).
			(d)Qualified
			 project costsFor purposes of this section, the term
			 qualified project costs means—
				(1)the cost of any
			 qualified residential rental project (as defined in section 142(d) of the
			 Internal Revenue Code of 1986) located in the recovery zone, and
				(2)the cost of
			 acquisition, construction, reconstruction, and renovation of—
					(A)nonresidential
			 real property (including fixed improvements associated with such property)
			 located in the recovery zone, and
					(B)public utility
			 property (as defined in section 168(i)(10) of such Code) located in the
			 recovery zone.
					(e)Special
			 rulesIn applying the Internal Revenue Code of 1986 to any
			 qualified recovery zone bond, the following modifications shall apply:
				(1)Section 142(d)(1)
			 of such Code (defining qualified residential rental project) shall be
			 applied—
					(A)by substituting
			 60 percent for 50 percent in subparagraph (A)
			 thereof, and
					(B)by substituting
			 70 percent for 60 percent in subparagraph (B)
			 thereof.
					(2)Section 143 of
			 such Code (relating to mortgage revenue bonds: qualified mortgage bond and
			 qualified veterans’ mortgage bond) shall be applied—
					(A)only with respect
			 to owner-occupied residences in the recovery zone,
					(B)by treating any
			 such residence in the recovery zone as a targeted area residence,
					(C)by applying
			 subsection (f)(3) thereof without regard to subparagraph (A) thereof,
			 and
					(D)by substituting
			 $150,000 for $15,000 in subsection (k)(4)
			 thereof.
					(3)Except as provided
			 in section 143 of such Code, repayments of principal on financing provided by
			 the issue of which such bond is a part may not be used to provide
			 financing.
				(4)Section 146 of
			 such Code (relating to volume cap) shall not apply.
				(5)Section 147(d)(2)
			 of such Code (relating to acquisition of existing property not permitted) shall
			 be applied by substituting 50 percent for 15
			 percent each place it appears.
				(6)Section
			 148(f)(4)(C) of such Code (relating to exception from rebate for certain
			 proceeds to be used to finance construction expenditures) shall apply to the
			 available construction proceeds of bonds which are part of an issue described
			 in subsection (b)(1)(A).
				(7)Section 57(a)(5)
			 of such Code (relating to tax-exempt interest) shall not apply.
				(f)Separate issue
			 treatment of portions of an issueThis section shall not apply to
			 the portion of an issue which (if issued as a separate issue) would be treated
			 as a qualified bond (within the meaning of section 141 of the Internal Revenue
			 Code of 1986) or as a bond that is not a private activity bond (within the
			 meaning of such section 141 and determined without regard to subsection (a)),
			 if the issuer elects to so treat such portion.
			11.Advance
			 Refundings of Certain Tax-Exempt Bonds
			(a)In
			 generalWith respect to a bond described in subsection (c), one
			 additional advance refunding after the date of the enactment of this Act and
			 before January 1, 2016, shall be allowed under the applicable rules of section
			 149(d) of the Internal Revenue Code of 1986 if—
				(1)the Governor of
			 the State designates the advance refunding bond for purposes of this
			 subsection, and
				(2)the requirements
			 of subsection (e) are met.
				(b)Certain private
			 activity bondsWith respect to a bond described in subsection (c)
			 which is an exempt facility bond described in paragraph (1) or (2) of section
			 142(a) of the Internal Revenue Code of 1986, one advance refunding after the
			 date of the enactment of this Act and before January 1, 2016, shall be allowed
			 under the applicable rules of section 149(d) of such Code (notwithstanding
			 paragraph (2) thereof) if the requirements of paragraphs (1) and (2) of
			 subsection (a) are met.
			(c)Bonds
			 describedA bond is described in this subsection if such bond was
			 outstanding on April 20, 2010, and is issued by the State of Florida, Alabama,
			 Louisiana, or Mississippi, or a political subdivision thereof.
			(d)Aggregate
			 limitThe maximum aggregate face amount of bonds which may be
			 designated under this section by the Governor of a State shall not
			 exceed—
				(1)$4,500,000,000 in the case of the State of
			 Florida,
				(2)$4,500,000,000 in
			 the case of the State of Louisiana,
				(3)$4,500,000,000 in
			 the case of the State of Mississippi, and
				(4)$4,500,000,000 in
			 the case of the State of Alabama.
				(e)Additional
			 requirementsThe requirements of this subsection are met with
			 respect to any advance refunding of a bond described in subsection (c)
			 if—
				(1)no advance
			 refundings of such bond would be allowed under the Internal Revenue Code of
			 1986 on or after April 20, 2010,
				(2)the advance
			 refunding bond is the only other outstanding bond with respect to the refunded
			 bond, and
				(3)the requirements
			 of section 148 of such Code are met with respect to all bonds issued under this
			 subsection.
				(f)Use of proceeds
			 requirementThis section shall not apply to any advance refunding
			 of a bond which is issued as part of an issue if any portion of the proceeds of
			 such issue (or any prior issue) was (or is to be) used to provide any property
			 described in section 144(c)(6)(B) of the Internal Revenue Code of 1986.
			12.De Minimus safe
			 harbor exception for certain tax-exempt interest expense of financial
			 institutions
			(a)In
			 generalFor purposes of section 265(b)(2)(A) of the Internal
			 Revenue Code of 1986, there shall not be taken into account any qualified
			 recovery zone bond (as defined in section 10(b)) or any advanced refunding bond
			 issued pursuant to section 11.
			(b)LimitationThe
			 amount of obligations not taken into account under subsection (a) shall not
			 exceed the excess of—
				(1)2 percent of the
			 amount determined under paragraph (2)(B) of section 265(b) such Code,
			 over
				(2)any amount taken
			 into account under paragraph (7) of such section.
				(c)Treatment as
			 financial institution preference itemThe portion of any
			 obligation not taken into account under paragraph (2)(A) of section 265(b) of
			 the Internal Revenue Code of 1986 by reason of subsection (a) shall be treated
			 for purposes of section 291 of such Code as having been acquired on August 7,
			 1986.


		II
		110th CONGRESS
		1st Session
		S. 338
		IN THE SENATE OF THE UNITED STATES

			January 18, 2007
			Mr. Conrad (for himself,
			 Mr. Hatch, Mr.
			 Wyden, Mr. Vitter,
			 Mr. Dorgan, and Mrs. Lincoln) introduced the following bill; which
			 was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to ensure
		  and foster continued patient quality of care by establishing facility and
		  patient criteria for long-term care hospitals and related improvements under
		  the Medicare program.

		1.Short
			 titleThis Act may be cited as
			 the Medicare Long-Term Care Hospital
			 Improvement Act of 2007.
		2.FindingsCongress finds the following:
			(1)Long-term care
			 hospitals (in this Act referred to as LTCHs) serve a valuable
			 role in the post-acute care continuum by providing care to medically complex
			 patients needing long hospital stays.
			(2)The Medicare
			 program should ensure that patients receive post-acute care in the most
			 appropriate setting. The use of additional certification criteria for LTCHs,
			 including facility and patient criteria, will promote the appropriate placement
			 of severely ill patients into LTCHs. Further, patient admission, continued
			 stay, and discharge screening tools can guide appropriate patient
			 placement.
			(3)Measuring and
			 reporting on quality of care is an important function of any Medicare provider
			 and a national quality initiative for LTCHs should be similar to short-term
			 general acute care hospitals in the Medicare program.
			(4)To conform the
			 prospective payment system for LTCHs with certain aspects of the prospective
			 payment system for short-term general acute care hospitals and promote payment
			 stability, the Secretary of Health and Human Services (in this Act referred to
			 as the Secretary) should—
				(A)perform an annual
			 market basket update;
				(B)conduct the long
			 term care diagnosis related groups (in this Act referred to as
			 LTCDRGs) reweighting and wage level adjustments in a budget
			 neutral manner each year;
				(C)not perform a
			 proposed one-time budget neutrality adjustment; and
				(D)not extend the
			 25-percent limitation on reimbursement of co-located hospital patient
			 admissions to freestanding LTCHs.
				(5)LTCHs co-located
			 with another hospital in underserved areas, including rural areas and areas
			 with an urban single or MSA dominant hospital, should be afforded greater
			 relief from the 50 percent limitation on reimbursement of co-located hospital
			 patient admissions.
			3.New definition
			 of a long-term care hospital with facility and patient criteria
			(a)DefinitionSection
			 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the
			 end the following new subsection:

					(ccc)Long-term care hospitalThe term long-term care
				hospital means an institution which—”
						(1)is primarily
				engaged in providing, by or under the supervision of physicians, to medically
				complex inpatients needing long hospital stays—
							(A)diagnostic
				services and therapeutic services for medical diagnosis, treatment, and care of
				injured, disabled, or sick persons; or
							(B)rehabilitation
				services for the rehabilitation of injured, disabled, or sick persons;
							(2)has an average
				inpatient length of stay (as determined by the Secretary) for beneficiaries
				under this title of greater than 25 days, or as otherwise defined in section
				1886(d)(1)(B)(iv);
						(3)satisfies the
				requirements of paragraphs (2) through (9) of subsection (e);
						(4)meets the
				following additional facility criteria:
							(A)the institution
				has a patient review process, documented in the patient medical record, that
				screens patients prior to admission, validates within 48 hours of admission
				that patients meet admission criteria, regularly evaluates patients throughout
				their stay, and assesses the available discharge options when patients no
				longer meet the continued stay criteria;
							(B)the institution
				applies a standard patient screening tool, as determined by the Secretary, that
				is a valid clinical tool appropriate for this level of care, uniformly used by
				all long-term care hospitals, to measure the severity of illness and intensity
				of service requirements for patients for the purposes of making admission,
				continuing stay, and discharge medical necessity determinations taking into
				account the medical judgment of the patient’s physician, as provided for under
				sections 1814(a)(3) and 1835(a)(2)(B);
							(C)the institution
				has active physician involvement with patients during their treatment through
				an organized medical staff, physician review of patient progress on a daily
				basis, and consulting physicians on call and capable of being at the patient’s
				side within a moderate period of time, as determined by the Secretary;
							(D)the institution
				has interdisciplinary team treatment for patients, requiring interdisciplinary
				teams of health care professionals, including physicians, to prepare and carry
				out an individualized treatment plan for each patient; and
							(E)the institution
				maintains adequate staffing levels of licensed health care professionals, as
				determined by the Secretary, to ensure that long-term care hospitals provide
				the intensive level of care that is sufficient to meet the needs of medically
				complex patients needing long hospital stays; and
							(5)meets patient
				criteria relating to patient mix and severity appropriate to the medically
				complex cases that long-term care hospitals are uniquely designed to treat, as
				measured under section
				1886(m).
						.
			(b)New patient
			 criteria for long-term care hospital prospective paymentSection
			 1886 of such Act (42 U.S.C. 1395ww) is amended by adding at the end the
			 following new subsection:

					(m)Patient
				criteria for prospective payment to long-term care hospitals
						(1)In
				generalTo be eligible for prospective payment as a long-term
				care hospital, a majority of the total number of patients entitled to benefits
				under part A who are discharged from a long-term care hospital must be
				medically complex patients admitted with a high severity of illness, as that
				term is defined by the Secretary for payment purposes, with 1 or more
				enumerated medical conditions specified in paragraph (2).
						(2)Medically
				complex medical conditionsThe Secretary shall determine a list
				of medical conditions associated with a high severity of illness of patients
				who are appropriate for treatment in long-term care hospitals, as indicated by
				the presence of clinical comorbidities in accordance with a methodology
				specified by the Secretary. Such list shall include the following medical
				conditions:
							(A)Circulatory
				conditions.
							(B)Digestive,
				endocrine, and metabolic conditions.
							(C)Infectious
				disease.
							(D)Neurological
				conditions.
							(E)Renal
				conditions.
							(F)Respiratory
				conditions.
							(G)Skin
				conditions.
							(H)Other medically
				complex conditions as defined by the
				Secretary.
							.
			(c)Negotiated
			 rulemaking to develop LTCH facility and patient criteriaThe
			 Secretary shall promulgate regulations to carry out the amendments made by this
			 section on an expedited basis and using a negotiated rulemaking process under
			 subchapter III of chapter 5 of title 5, United States Code.
			(d)Effective
			 dateThe amendments made by this section shall apply to
			 discharges occurring on or after October 1, 2007.
			4.LTCH quality
			 improvement initiative
			(a)Study To
			 establish quality measuresThe Secretary shall conduct a study
			 (in this section referred to as the study) to determine
			 appropriate quality measures for Medicare beneficiaries receiving care in
			 LTCHs.
			(b)ReportNot
			 later than October 1, 2007, the Secretary shall submit to Congress a report on
			 the results of the study.
			(c)Selection of
			 quality measuresSubject to subsection (e), the Secretary shall
			 choose 3 quality measures from the study to be reported by LTCHs.
			(d)Requirement for
			 submission of data
				(1)In
			 generalLTCHs shall—
					(A)collect data on
			 the 3 quality measures chosen under subsection (c); and
					(B)submit all
			 required quality data to the Secretary.
					(2)Failure to
			 submit dataAny LTCH which does not submit the required quality
			 data to the Secretary in any fiscal year shall have the applicable LTCH market
			 basket under section 1886 reduced by not more than 0.4 percent for such
			 year.
				(e)Expansion of
			 quality measuresThe Secretary may expand the number of quality
			 indicators required to be reported by LTCHs under the study. If the Secretary
			 adds other measures, the measures shall reflect consensus among the affected
			 parties. The Secretary may replace any measures in appropriate cases, such as
			 where all hospitals are effectively in compliance or where measures have been
			 shown not to represent the best clinical practice.
			(f)Availability of
			 data to publicThe Secretary shall establish procedures for
			 making the quality data submitted under this section available to the
			 public.
			5.Conforming LTCH
			 PPS updates to the inpatient PPS
			(a)Requiring
			 annual updates of base rates and wage indices and annual updates and
			 reweighting of LTCDRGs
				(1)In
			 generalThe second sentence of section 307(b)(1) of the Medicare,
			 Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat.
			 2763A–496), as enacted into law by section 1(a)(6) of Public Law 106–554, is
			 amended by inserting before the period at the end the following: , and
			 shall provide (consistent with updating and reweighting provided for subsection
			 (d) hospitals under paragraphs (2)(B)(ii), (3)(D)(iii), and (3)(E) of section
			 1886 of the Social Security Act) for an annual update under such system in
			 payment rates, in the wage indices (in a budget neutral manner), and in the
			 classification and reweighting (in a budget neutral manner) of the
			 diagnosis-related groups applied under such system.
				(2)ApplicationPursuant
			 to the amendment made by paragraph (1), the Secretary shall provide annual
			 updates to the LTCH base rate, as is specified for the inpatient hospital
			 prospective payment system under section 1886(d)(2)(B)(ii) of the Social
			 Security Act (42 U.S.C. 1395ww(d)(2)(B)(ii)). The Secretary shall annually
			 update and reweight the LTCDRGs under section 307(b) of the Medicare, Medicaid,
			 and SCHIP Benefits Improvement and Protection Act of 2000 or an alternative
			 patient classification system in a budget neutral manner, consistent with such
			 updating and reweighting applied under section 1886(d)(3)(D)(iii) of the Social
			 Security Act (42 U.S.C. 1395ww(d)(3)(D)(iii)). The Secretary shall annually
			 update wage levels for LTCHs in a budget neutral manner, consistent with such
			 annual updating applied under section 1886(d)(3)(E) of the Social Security Act
			 (42 U.S.C. 1395ww(d)(3)(E)).
				(b)Elimination of
			 one-time budget neutrality adjustmentThe Secretary shall not
			 make a one-time prospective adjustment to the LTCH prospective payment system
			 rates under section 412.523(d)(3) of title 42, Code of Federal Regulations, or
			 otherwise conduct any budget neutrality adjustment to address such rates,
			 during the transition period specified in section 412.533 of such title from
			 cost-based payment to the prospective payment system for LTCHs.
			(c)No application
			 of 25 percent patient threshold payment adjustment to freestanding
			 LTCHsThe Secretary shall not extend the 25 percent (or
			 applicable percentage) patient threshold payment adjustment under section
			 412.534 of title 42, Code of Federal Regulations, or any similar provision, to
			 freestanding LTCHs.
			6.Relief for
			 certain long-term care hospitals and satellite facilities that are co-located
			 with other hospitals
			(a)Urban single
			 and MSA dominant hospitalsThe Secretary shall permit up to 75
			 percent of the discharged Medicare impatient population of an applicable
			 hospital to be admitted from a co-located urban single or co-located MSA
			 dominant hospital (as defined in section 412.534(e)(4) of title 42, Code of
			 Federal Regulations) without adjustment to the hospital’s LTCH prospective
			 payment system payment in the manner described in section 412.534(e) of such
			 title.
			(b)Rural
			 hospitalsThe Secretary shall permit up to 75 percent of the
			 discharged Medicare impatient population of an applicable hospital which is
			 located in a rural area (as defined in section 412.64(b)(1)(ii)(C) of title 42,
			 Code of Federal Regulations) to be admitted from a co-located hospital without
			 adjustment to the hospital’s LTCH prospective payment system payment in the
			 manner described in section 412.534(d) of such title.
			(c)Applicable
			 long-term care hospital definedIn this section, the term
			 applicable long-term care hospital means—
				(1)a long-term care
			 hospital that meets the criteria in section 412.22(e) of title 42, Code of
			 Federal Regulations; and
				(2)a satellite
			 facility of a long-term care hospital that meet the criteria in section
			 412.22(h) of such title.


117 SRES 28 ATS: To constitute the majority party's membership on certain committees for the One Hundred Seventeenth Congress, or until their successors are chosen.
U.S. Senate
2021-02-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III
117th CONGRESS
1st Session
S. RES. 28
IN THE SENATE OF THE UNITED STATES

February 3, 2021
Mr. Schumer submitted the following resolution; which was considered and agreed to

RESOLUTION
To constitute the majority party's membership on certain committees for the One Hundred Seventeenth Congress, or until their successors are chosen.

That pursuant to the provisions of S. Res. 27, the following shall constitute the majority party's membership on the following committees for the One Hundred Seventeenth Congress, or until their successors are chosen: Committee on Agriculture, Nutrition, and Forestry:Ms. Stabenow (Chair), Mr. Leahy, Mr. Brown, Ms. Klobuchar, Mr. Bennet, Mrs. Gillibrand, Ms. Smith, Mr. Durbin, Mr. Booker, Mr. Luján, Mr. Warnock.

Committee on Appropriations:Mr. Leahy (Chair), Mrs. Murray, Mrs. Feinstein, Mr. Durbin, Mr. Reed, Mr. Tester, Mrs. Shaheen, Mr. Merkley, Mr. Coons, Mr. Schatz, Ms. Baldwin, Mr. Murphy, Mr. Manchin, Mr. Van Hollen, Mr. Heinrich. Committee on Armed Services:Mr. Reed (Chair), Mrs. Shaheen, Mrs. Gillibrand, Mr. Blumenthal, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Warren, Mr. Peters, Mr. Manchin, Ms. Duckworth, Ms. Rosen, Mr. Kelly.

Committee on Banking, Housing, and Urban Affairs:Mr. Brown (Chair), Mr. Reed, Mr. Menendez, Mr. Tester, Mr. Warner, Ms. Warren, Mr. Van Hollen, Ms. Cortez Masto, Ms. Smith, Ms. Sinema, Mr. Ossoff, Mr. Warnock. Committee on Commerce, Science, and Transportation:Ms. Cantwell (Chair), Ms. Klobuchar, Mr. Blumenthal, Mr. Schatz, Mr. Markey, Mr. Peters, Ms. Baldwin, Ms. Duckworth, Mr. Tester, Ms. Sinema, Ms. Rosen, Mr. Luján, Mr. Hickenlooper, Mr. Warnock.

Committee on Energy and Natural Resources:Mr. Manchin (Chair), Mr. Wyden, Ms. Cantwell, Mr. Sanders, Mr. Heinrich, Ms. Hirono, Mr. King, Ms. Cortez Masto, Mr. Kelly, Mr. Hickenlooper. Committee on the Environment and Public Works:Mr. Carper (Chair), Mr. Cardin, Mr. Sanders, Mr. Whitehouse, Mr. Merkley, Mr. Markey, Ms. Duckworth, Ms. Stabenow, Mr. Kelly, Mr. Padilla.

Committee on Finance:Mr. Wyden (Chair), Ms. Stabenow, Ms. Cantwell, Mr. Menendez, Mr. Carper, Mr. Cardin, Mr. Brown, Mr. Bennet, Mr. Casey, Mr. Warner, Mr. Whitehouse, Ms. Hassan, Ms. Cortez Masto, Ms. Warren. Committee on Foreign Relations:Mr. Menendez (Chair), Mr. Cardin, Mrs. Shaheen, Mr. Coons, Mr. Murphy, Mr. Kaine, Mr. Markey, Mr. Merkley, Mr. Booker, Mr. Schatz, Mr. Van Hollen.

Committee on Health, Education, Labor, and Pensions:Mrs. Murray (Chair), Mr. Sanders, Mr. Casey, Ms. Baldwin, Mr. Murphy, Mr. Kaine, Ms. Hassan, Ms. Smith, Ms. Rosen, Mr. Luján, Mr. Hickenlooper. Committee on Homeland Security and Governmental Affairs:Mr. Peters (Chair), Mr. Carper, Ms. Hassan, Ms. Sinema, Ms. Rosen, Mr. Padilla, Mr. Ossoff.

Select Committee on Intelligence:Mr. Warner (Chair), Mrs. Feinstein, Mr. Wyden, Mr. Heinrich, Mr. King, Mr. Bennet, Mr. Casey, Mrs. Gillibrand, Mr. Reed (ex officio), Mr. Schumer (ex officio). Committee on the Judiciary:Mr. Durbin (Chair), Mr. Leahy, Mrs. Feinstein, Mr. Whitehouse, Ms. Klobuchar, Mr. Coons, Mr. Blumenthal, Ms. Hirono, Mr. Booker, Mr. Padilla, Mr. Ossoff.

Committee on the Budget:Mr. Sanders (Chair), Mrs. Murray, Mr. Wyden, Ms. Stabenow, Mr. Whitehouse, Mr. Warner, Mr. Merkley, Mr. Kaine, Mr. Van Hollen, Mr. Luján, Mr. Padilla. Committee on Rules and Administration:Ms. Klobuchar (Chair), Mrs. Feinstein, Mr. Schumer, Mr. Warner, Mr. Leahy, Mr. King, Mr. Merkley, Mr. Padilla, Mr. Ossoff.

Committee on Small Business and Entrepreneurship:Mr. Cardin (Chair), Ms. Cantwell, Mrs. Shaheen, Mr. Markey, Mr. Booker, Mr. Coons, Ms. Hirono, Ms. Duckworth, Ms. Rosen, Mr. Hickenlooper.  Committee on Veterans' Affairs:Mr. Tester (Chair), Mrs. Murray, Mr. Sanders, Mr. Brown, Mr. Blumenthal, Ms. Hirono, Mr. Manchin, Ms. Sinema, Ms. Hassan.

Special Committee on Aging:Mr. Casey (Chair), Mrs. Gillibrand, Mr. Blumenthal, Ms. Warren, Ms. Rosen, Mr. Kelly, Mr. Warnock. Joint Economic Committee:Mr. Heinrich (Chair), Ms. Klobuchar, Ms. Hassan, Mr. Kelly, Mr. Warnock.

Select Committee on Ethics:Mr. Coons (Chair), Mr. Schatz, Mrs. Shaheen. Committee on Indian Affairs:Mr. Schatz (Chair), Ms. Cantwell, Mr. Tester, Ms. Cortez Masto, Ms. Smith, Mr. Luján.


109 HR 321 IH: Notch Baby Health Care Relief Act of 2005
U.S. House of Representatives
2005-01-25
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. 321
IN THE HOUSE OF REPRESENTATIVES

January 25, 2005
Mrs. Emerson 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 a refundable credit to certain senior citizens for premiums paid for coverage under Medicare Part B.

1.Short titleThis Act may be cited as the Notch Baby Health Care Relief Act of 2005.
2.Premiums paid by certain senior citizens for Medicare Part B
(a)In generalSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section:

36.Premiums paid by certain senior citizens for Medicare Part B
(a)Allowance of creditIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the aggregate premiums paid under section 1840 of the Social Security Act by the taxpayer during the taxable year for enrollment of the eligible individual under part B of title XVIII of such Act.
(b)Eligible individualFor purposes of subsection (a), the term eligible individual means—
(1)an individual born after 1916 and before 1927 who had wages or self-employment income credited for one or more years prior to 1979 and who was not eligible for an old-age or disability insurance benefit, and did not die, prior to January 1979,
(2)the spouse (as determined under section 7703) of an individual described in paragraph (1), and
(3)the widow or widower, as the case may be, of an individual described in paragraph (1)..
(b)Technical amendments
(1)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking or enacted and inserting enacted and by inserting before the period , or from section 36 of such Code.
(2)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items:

Sec. 36. Premiums paid by certain senior citizens for medicare part B
Sec. 37. Overpayments of tax.
(c)Effective dateThe amendments made by this section shall apply to premiums paid after the date of enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 2659
		IN THE SENATE OF THE UNITED STATES

			February 25, 2008
			Mr. Reid (for
			 Mrs. Clinton) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend the Robert T. Stafford Disaster Relief and
		  Emergency Assistance Act to ensure that all trailers or mobile homes purchased
		  by the Federal Emergency Management Agency meet the safety standards
		  established by the Secretary of Housing and Urban Development for housing used
		  in programs of the Department of Housing and Urban Development.

		1.Trailers and mobile
			 homesTitle IV of the Robert
			 T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et
			 seq.) is amended—
			(1)by redesignating section 425, as added by
			 section 607 of the SAFE Port Act (Public Law 109–347; 120 Stat. 1941) (relating
			 to essential service providers), as section 427; and
			(2)by adding at the end the following:

					428.Trailers and
				mobile homes
						(a)In
				generalThe Administrator of
				the Federal Emergency Management Agency shall ensure that any trailer or mobile
				home purchased by the Federal Emergency Management Agency meets the safety
				standards established by the Secretary of Housing and Urban Development under
				section 50.3(i) of title 24, Code of Federal Regulations (relating to
				limitations on hazardous materials in housing to be used in a program of the
				Department of Housing and Urban Development), or any successor to that section,
				including any such standards for—
							(1)formaldehyde;
							(2)lead; or
							(3)any other
				hazardous material, contamination, toxic chemical or gas, or radioactive
				substance that could affect the health or safety of an occupant.
							(b)Rule of
				constructionNothing in this section may be construed to relieve
				the Administrator of the Federal Emergency Management Agency of the duty to
				provide safe and secure shelter to individuals and households residing in any
				area that is affected by a major
				disaster.
						.