		I
		111th CONGRESS
		1st Session
		H. R. 3748
		IN THE HOUSE OF REPRESENTATIVES

			October 7, 2009
			Ms. Berkley (for
			 herself and Ms. Titus) introduced the
			 following bill; which was referred to the Committee on Natural Resources, and in
			 addition to the Committees on Agriculture and
			 Science and Technology,
			 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 loan guarantee programs to develop biochar
		  technology using excess plant biomass, to establish biochar demonstration
		  projects on public land, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Water Efficiency via Carbon Harvesting
			 and Restoration (WECHAR) Act of 2009.
		2.Findings and
			 purpose
			(a)FindingsCongress
			 finds that—
				(1)numerous expert
			 reports have brought attention to the negative impacts caused by invasive weed
			 species, including the consumption of water in areas with diminishing
			 supplies;
				(2)salt cedar, or
			 Tamarix species, a noxious and invasive plant commonly found on public land can
			 consume 200 gallons of water per plant each day;
				(3)salt cedar now
			 covers as much as 1,000,000 acres of floodplains, riparian acres, wetland, and
			 lake margins in the Western United States;
				(4)minimizing the
			 impact of and eradicating invasive species that wrest water from delicate
			 watersheds is in the best interest of the United States;
				(5)as
			 drought conditions worsen and legal requirements relating to water supply
			 accelerate water shortages, innovative approaches are needed to address the
			 increasing demand for water;
				(6)pine bark beetle
			 has killed thousands of acres of standing forests in the Western United States,
			 creating a hazardous buildup of dead tree biomass that is a serious fire threat
			 to those and surrounding areas;
				(7)biochar technology
			 would result in a more cost-effective, environmentally beneficial, and
			 successful approach to combating invasive weeds and removing excess biomass and
			 plant waste from public land;
				(8)invasive weeds and
			 excess biomass on public land can serve as feedstock for biochar and
			 alternative fuel production;
				(9)it is in the best
			 interest of the United States to conduct a comprehensive and thorough research,
			 development, and demonstration program on biochar and related bioenergy so as
			 to better understand how to use excess biomass available on public land;
			 and
				(10)biochar production
			 and use systems have been shown to have many ancillary beneficial environmental
			 impacts.
				(b)PurposesThe
			 purposes of this Act are—
				(1)to restore the
			 natural hydrology of Western landscapes by removing water-intensive invasive
			 plant species;
				(2)to reduce
			 dangerous forest and rangeland fuel loads;
				(3)to develop
			 technologies to convert undesirable invasive plant species to useful
			 materials;
				(4)to develop markets
			 for those materials; and
				(5)to provide
			 technologies to land managers to continue those processes into the
			 future.
				3.DefinitionsIn this Act:
			(1)BiocharThe
			 term biochar means charcoal or black carbon derived from organic
			 matter through pyrolysis.
			(2)BioenergyThe
			 term bioenergy means hydrocarbons derived from organic matter
			 through pyrolysis, including bio-oil, syngas, or thermal energy.
			(3)Excess
			 biomass
				(A)In
			 generalThe term excess biomass means any plant
			 matter targeted for removal from public land to promote ecosystem
			 health.
				(B)InclusionsThe
			 term excess biomass includes—
					(i)trees
			 or tree waste on public land;
					(ii)wood and wood
			 wastes and residues; and
					(iii)weedy plants and
			 grasses (including aquatic, noxious, or invasive plants).
					(4)FeedstockThe
			 term feedstock means excess biomass in the form of plant matter or
			 materials that serves as the raw material for the production of biochar and
			 bioenergy.
			(5)Invasive plant
			 speciesThe term invasive plant species means a
			 species—
				(A)that is nonnative
			 to a specified ecosystem; and
				(B)the introduction
			 to an ecosystem of which causes, or may cause, harm to—
					(i)the
			 economy;
					(ii)the
			 environment;
					(iii)water resources;
			 or
					(iv)human, animal, or
			 plant health.
					(6)Secretary
			 concernedThe term Secretary concerned means the
			 Secretary of the Interior or the Secretary of Agriculture, as
			 appropriate.
			4.Resource
			 assessment
			(a)In
			 generalThe Director of the United States Geological Survey shall
			 conduct resources assessments that collect and synthesize interagency and State
			 data to quantify—
				(1)invasive plant
			 species and excess biomass in the form of dangerous fuel loads on public land
			 that can be used for feedstock;
				(2)estimated carbon
			 content in that feedstock;
				(3)estimated
			 potential biochar and bioenergy producible from that feedstock; and
				(4)potential water
			 savings resulting from removal of invasive plant species and excess biomass on
			 public land, by watershed.
				(b)ReportNot
			 later than 1 year after the date of enactment of this Act and biennially
			 thereafter, the Director of United States Geological Survey shall submit to
			 Congress a report that describes the results of each resource assessment
			 conducted under subsection (a).
			5.Technology
			 research
			(a)Development of
			 mobile biochar production unitsNot later than 1 year after the
			 date of enactment of this Act and in accordance with subsection (c), the
			 Secretary of the Interior shall establish a program to provide guarantees of
			 loans by private institutions—
				(1)to develop and
			 optimize commercially and technologically viable biochar production units
			 that—
					(A)are designed to
			 use woody invasive plant species and excess biomass feedstock such as tamarisk,
			 pinyon pine, and juniper;
					(B)produce net
			 negative carbon emissions relative to natural decomposition;
					(C)are self-contained
			 on a portable platform suitable for deployment to remote locations and on
			 unpaved roads; and
					(D)can capture biochar
			 and bioenergy produced for immediate energy needs or transport to market;
			 and
					(2)to produce, not
			 later than 2 years after the date of securing a guaranteed loan under this
			 section for the purposes described in section 7(a)(2), 4 biochar production
			 units for deployment to remote landscapes, of which—
					(A)2 shall be
			 dedicated primarily to contract work with the Bureau of Land Management;
			 and
					(B)2 shall be
			 dedicated primarily to contract work with the National Park Service.
					(b)Development of
			 fixed biochar production unitsNot later than 1 year after the
			 date of enactment of this Act and in accordance with subsection (c), the
			 Secretary of Agriculture shall establish a program to provide guarantees of
			 loans by private institutions—
				(1)to develop and
			 optimize commercially and technologically viable biochar production units
			 that—
					(A)while not
			 necessarily self contained, can be disassembled, moved, and reassembled to be
			 operational on a new site within 30 days, so as to support fuels reduction
			 work;
					(B)are designed to
			 use excess biomass feedstock, such as trees killed by bark beetle
			 infestations;
					(C)produce net
			 negative carbon emissions relative to natural decomposition; and
					(D)can capture
			 biochar and bioenergy produced for immediate energy needs or transport to
			 market; and
					(2)to
			 produce, not later than 2 years after the date of securing a guaranteed loan
			 under this section for the purposes described in section 7(a)(3), 2 biochar
			 production units for deployment to remote landscapes.
				(c)Guaranteed loan
			 program
				(1)In
			 generalThe Secretary concerned may provide loan guarantees under
			 this section to an applicant if the biochar production units produced by the
			 applicant will be dedicated primarily to contract restoration work with the
			 Bureau of Land Management, National Park Service, or Forest Service,
			 using—
					(A)pinyon pine and
			 juniper feedstock in the Great Basin;
					(B)tamarisk feedstock
			 in the Mojave Desert; or
					(C)excess biomass
			 feedstock, such as trees killed by bark beetle infestations in the
			 Intermountain West.
					(2)CriteriaIn
			 selecting recipients of loan guarantees from among applicants, the Secretary
			 concerned shall give preference to proposals that, as determined by the
			 Secretary concerned—
					(A)meet all
			 applicable Federal and State permitting requirements;
					(B)are most likely to
			 be successful; and
					(C)are located in
			 local markets that have the greatest need for the biochar production units due
			 to—
						(i)identified
			 high-priority landscape restoration needs;
						(ii)availability of
			 sufficient quantities of feedstocks described in subsection (b); or
						(iii)a
			 high level of demand for biochar or other commercial byproducts of the biochar
			 production units.
						(3)MaturityA
			 loan guaranteed under this section shall have a maturity of not more than 20
			 years.
				(4)Terms and
			 conditionsThe loan agreement for a loan guaranteed under this
			 section shall provide that no provision of the loan agreement may be amended or
			 waived without the consent of the Secretary.
				(5)Guarantee
			 feeThe recipient of a loan guarantee under this section shall
			 pay to the Secretary concerned a guarantee fee in an amount determined by the
			 Secretary concerned to be sufficient to cover the administrative costs of the
			 Secretary concerned relating to the loan guarantee.
				(6)Full faith and
			 credit
					(A)In
			 generalThe full faith and credit of the United States is pledged
			 to the payment of all guarantees made by the Secretary concerned under this
			 section.
					(B)EvidenceAny
			 guarantee made by the Secretary concerned under this section shall be
			 conclusive evidence of the eligibility of the loan for the guarantee with
			 respect to principal and interest.
					(C)ValidityThe
			 validity of any guarantee made by the Secretary concerned under this section
			 shall be incontestable in the hands of a holder of the guaranteed loan.
					(7)Annual
			 reportsUntil the date on which each guaranteed loan under this
			 section has been repaid in full, each year the Secretary concerned shall submit
			 to Congress a report on the activities of the Secretary concerned under this
			 section during the preceding year.
				6.Existing
			 technology
			(a)In
			 generalThe Secretary of the Interior and the Secretary of
			 Agriculture shall each establish a program to provide guarantees of loans by
			 private institutions for the construction or acquisition of facilities for the
			 production of biochar.
			(b)RequirementThe
			 Secretary concerned may provide a loan guarantee under this section to an
			 applicant if facilities constructed or acquired by the applicant will be
			 dedicated primarily to contract restoration work with the Bureau of Land
			 Management, National Park Service, or Forest Service, using—
				(1)pinyon pine and
			 juniper feedstock in the Great Basin;
				(2)tamarisk feedstock
			 in the Mojave Desert; or
				(3)excess biomass
			 feedstock, such as trees killed by bark beetle infestations in the
			 Intermountain West.
				(c)CriteriaIn
			 selecting recipients of loan guarantees from among applicants, the Secretary
			 concerned shall give preference to proposals that, as determined by the
			 Secretary concerned—
				(1)meet all
			 applicable Federal and State permitting requirements;
				(2)are most likely to
			 be successful; and
				(3)are located in
			 local markets that have the greatest need for the facility due to—
					(A)identified
			 high-priority landscape restoration needs;
					(B)availability of
			 sufficient quantities of feedstocks described in subsection (b); or
					(C)a high level of
			 demand for biochar or other commercial byproducts of the facility.
					(d)MaturityA
			 loan guaranteed under this section shall have a maturity of not more than 20
			 years.
			(e)Terms and
			 conditionsThe loan agreement for a loan guaranteed under this
			 section shall provide that no provision of the loan agreement may be amended or
			 waived without the consent of the Secretary concerned.
			(f)Guarantee
			 feeThe recipient of a loan guarantee under this section shall
			 pay the Secretary concerned a guarantee fee in an amount determined by the
			 Secretary concerned to be sufficient to cover the administrative costs of the
			 Secretary concerned relating to the loan guarantee.
			(g)Full faith and
			 credit
				(1)In
			 generalThe full faith and credit of the United States is pledged
			 to the payment of all guarantees made by the Secretary concerned under this
			 section.
				(2)EvidenceAny
			 guarantee made by the Secretary concerned under this section shall be
			 conclusive evidence of the eligibility of the loan for the guarantee with
			 respect to principal and interest.
				(3)ValidityThe
			 validity of any guarantee made by the Secretary concerned under this section
			 shall be incontestable in the hands of a holder of the guaranteed loan.
				(h)Annual
			 reportsUntil the date on which each guaranteed loan under this
			 section has been repaid in full, each year the Secretary concerned shall submit
			 to Congress a report on the activities of the Secretary concerned under this
			 section during the preceding year.
			7.Deployment
			(a)New
			 technology
				(1)In
			 generalNot later than 2
			 years after the date of enactment of this Act, the Secretary of the Interior
			 and the Secretary of Agriculture shall initiate 3-year programs to employ the
			 biochar production units provided under section 5 in pilot applications in
			 various climates and ecosystems of the United States.
				(2)Mobile
			 unitsIn the case of biochar production units developed or
			 optimized under section 5(a)—
					(A)the Director of
			 the National Park Service shall carry out initial programs using invasive
			 tamarisk in the Mojave Desert as feedstock; and
					(B)the Director of
			 the Bureau of Land Management shall carry out initial programs using excess
			 pinyon pine and juniper biomass in the Great Basin as feedstock.
					(3)Fixed
			 unitsIn the case of biochar production units developed or
			 optimized under section 5(b), the Chief of the Forest Service shall carry out
			 the initial program using bark beetle-killed trees in the Intermountain
			 West.
				(b)Existing
			 technology
				(1)In
			 generalNot later than 180 days after enactment of this Act, the
			 Secretary of the Interior and the Secretary of Agriculture shall prepare plans
			 for carrying out 3-year landscape restoration programs in various climates and
			 ecosystems of the United States to employ facilities constructed or acquired
			 under section 6.
				(2)RequirementsIn
			 carrying out the landscape restoration programs described in paragraph (1), the
			 Secretary of the Interior and the Secretary of Agriculture shall carry out
			 programs using invasive tamarisk in the Mojave Desert, excess pinyon pine and
			 juniper biomass in the Great Basin, and bark beetle-killed trees in the
			 Intermountain West.
				8.Application and
			 market research
			(a)AttributesNot later than 1 year after the date of
			 enactment of this Act, the Secretary of Agriculture shall provide competitive
			 grants to conduct research and analysis that identifies—
				(1)attributes and
			 composition profiles of biochar produced from different feedstocks for use as
			 soil amendments; and
				(2)attributes and
			 composition profiles of bioenergy produced from different feedstocks for use as
			 fuel for transportation, heating, or other uses identified in subsection
			 (b)(1).
				(b)Market
			 developmentNot later than 1 year after the date of enactment of
			 this Act, the Secretary of Agriculture, acting through the Director of the
			 National Institute of Food and Agriculture, the Administrator of the
			 Agricultural Research Service, and the Administrator of the Agricultural
			 Marketing Service shall provide competitive grants to conduct research and
			 analysis that—
				(1)identifies
			 potential uses and markets for biochar and bioenergy; and
				(2)in the case of
			 economic and life-cycle issues, analyzes—
					(A)the full
			 production costs versus the economic benefits of biochar production
			 systems;
					(B)the impact of the
			 production and use of biochar, including the performance of biochar in carbon
			 sequestration programs; and
					(C)the availability
			 of feedstocks and the efficiency of using those feedstock for biochar
			 production as compared to other biofuel-production systems.
					(c)Environmental
			 reviewNot later than 1 year after the date of enactment of this
			 Act, the Secretary of Agriculture shall provide competitive grants to conduct
			 research and analysis relating to—
				(1)the environmental
			 benefits of biochar production and use, including—
					(A)the water savings
			 resulting from reducing populations of invasive or noxious plant
			 species;
					(B)the potential of
			 biochar production systems—
						(i)to
			 reduce fertilizer use, nutrient leaching, and run-off; and
						(ii)to
			 reduce water pollution from feedlot runoff by capturing ammonia; and
						(C)the reduction in
			 greenhouse gas emissions resulting from the production and use of related
			 bioenergy; and
					(2)the potential
			 environmental impacts of biochar and bioenergy use, including—
					(A)the potential
			 toxicity and other adverse ecosystem effects resulting from biochar production
			 or use of different biochars, as identified under subsection (a)(1);
					(B)the
			 characterization of combustion products of bioenergy, as identified under
			 subsection (a)(2), and the effects of those combustion products on air and
			 water quality; and
					(C)impacts on human
			 health and safety.
					(d)Development of
			 biochar in landscape restorationNot later than 1 year after the
			 date of enactment of this Act, the Secretary of Agriculture, acting through the
			 Director of the National Institute of Food and Agriculture and the
			 Administrator of the Agricultural Research Service, shall provide competitive
			 grants to research and analyze—
				(1)the potential uses
			 of biochar in landscape restoration in different ecosystems and soil
			 types;
				(2)the relative
			 benefits and potential adverse effects of use of different biochars, as
			 identified under subsection (a)(1) in different western ecosystems and soil
			 types; and
				(3)the safety and
			 efficacy of different methods of application.
				9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out sections 4 through 8, including for
			 the cost of grants and loan guarantees under those sections, such sums as are
			 necessary for each of fiscal years 2010 through 2016.


		II
		109th CONGRESS
		2d Session
		S. 3797
		IN THE SENATE OF THE UNITED STATES

			August 3, 2006
			Mrs. Clinton (for
			 herself and Mr. Johnson) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To establish demonstration projects to provide at-home
		  infant care benefits.

		1.Short titleThis Act may be cited as the
			 Choices in Child Care
			 Act.
		2.FindingsCongress finds the following:
			(1)Currently, child
			 care assistance for children from low-income working families is severely
			 underfunded, allowing only 1 in 7 eligible children to receive child care
			 assistance for children from birth to age 13.
			(2)Funding for the
			 Child Care and Development Block Grant Act of 1990 has remained relatively flat
			 for 5 years, making it more difficult for children from eligible families to
			 receive child care assistance.
			(3)In the majority
			 of United States families, parents, whether married or single, must work to
			 provide economic security for their families and, not the least, for the
			 infants newly welcomed into the families. Fifty-five percent of women with
			 children less than 1 year of age are part of the workforce, while 73 percent of
			 women with children 1 year of age or older are in the workforce.
			(4)Research shows
			 that the quality and nature of caretaking in the first months and years of life
			 are critical to a young child's subsequent brain development, social
			 development, and well-being. Healthy early development depends on nurturing and
			 responsible relationships.
			(5)Research also
			 shows that there is an extreme shortage of quality, affordable child care for
			 infants. Numerous studies document lack of infant care and, in particular,
			 affordable care that meets basic health and safety standards, particularly in
			 rural areas. The current number of infant slots of licensed child care
			 providers can only meet 18 percent of the potential need. The shortage is even
			 more acute in rural areas, especially those with a high percentage of low-wage
			 residents.
			(6)For the
			 well-being of United States children, and for the economic security of the
			 families on which the children depend, working parents should be able to
			 provide child care for infants themselves without undermining family economic
			 stability.
			3.At-home infant
			 careThe Child Care and
			 Development Block Grant Act of 1990 is amended by inserting after section 658G
			 (42 U.S.C. 9858e) the following:

				658H.Demonstration
				projects to provide at-home infant care benefits
					(a)Authority To
				award grants
						(1)In
				generalThe Secretary shall award grants to not less than 5 and
				not more than 7 States to enable such States to carry out demonstration
				projects to provide at-home infant care benefits to eligible low-income
				families.
						(2)Indian
				tribesThe Secretary may award grants to Indian tribes under this
				subsection. An Indian tribe that receives a grant under this subsection shall
				carry out a demonstration project to provide at-home infant care benefits to
				eligible low-income families. The Indian tribe shall carry out the
				demonstration project in the same manner, and to the same extent, as a State
				that receives a grant under this subsection, except that the Secretary may
				modify the requirements of this section as appropriate with respect to the
				Indian tribe.
						(3)CalculationAny
				grant awarded to an Indian tribe under paragraph (2) shall not be counted in
				determining the number of grants awarded to States under paragraph (1).
						(b)Demonstration
				projects
						(1)Application for
				participation and selection of States
							(A)In
				generalTo be eligible to participate in the program carried out
				under this section and receive a grant under subsection (a) to carry out a
				demonstration project, a State shall submit an application to the Secretary at
				such time, in such manner, and containing such information as the Secretary may
				require.
							(B)NoticeNot
				later than 90 days after the date of enactment of Choices in Child Care Act,
				the Secretary shall publish in the Federal Register a notice of opportunity to
				participate in the program and receive such a grant, specifying the contents of
				an application described in subparagraph (A). The notice shall include a
				timeframe for States to submit such an application, and shall provide that all
				such applications shall be submitted not later than 270 days after such date of
				enactment.
							(C)Selection
								(i)In
				generalThe Secretary shall review the applications and select
				the participating States not later than 1 year after such date of
				enactment.
								(ii)CriteriaIn
				selecting the participating States, the Secretary shall—
									(I)seek to ensure
				geographic diversity; and
									(II)give priority to
				States—
										(aa)whose
				applications demonstrate a strong commitment to improving the quality of infant
				care and the choices available to parents of infants;
										(bb)with experience
				relevant to the operation of at-home infant care programs; and
										(cc)in
				which there are demonstrable shortages of infant care.
										(2)Required
				certificationsA State selected to be a participating State shall
				provide certifications to the Secretary, with respect to the demonstration
				project to be carried out by the State, that—
							(A)during the period
				during which the State carries out the demonstration project, the State will
				not reduce expenditures for child care services below the level of such
				expenditures made by the State in the fiscal year preceding the fiscal year in
				which the State began to carry out the project;
							(B)the State, in
				carrying out the demonstration project—
								(i)will not give
				priority or preference to—
									(I)eligible
				low-income families seeking to receive at-home infant care benefits through the
				demonstration project; over
									(II)other eligible
				low-income families on a waiting list for child care assistance through another
				program in the State; but
									(ii)will select a
				combination of families described in clause (i)(I) and families described in
				(i)(II) to receive at-home infant care benefits;
								(C)the State
				will—
								(i)provide parents
				applying to receive at-home infant care benefits with in- formation on the
				range of options for child care available to the parents;
								(ii)ensure that
				approved applicants for at-home infant care benefits are permitted to choose
				between receipt of at-home infant care benefit subsidies, and receipt of
				certificates that may be used with an eligible child care provider for child
				care needed for employment; and
								(iii)provide that a
				family receiving at-home infant care benefit subsidies may exchange the
				subsidies for certificates described in clause (ii) at any time during the
				family’s participation in the demonstration project;
								(D)the State will
				develop or update, and implement, a plan to improve the quality of infant care
				in the State, and provide parent education and support services to participants
				in the demonstration project; and
							(E)the State will
				cooperate with information collection and evaluations conducted by the
				Secretary.
							(3)Family
				eligibility
							(A)In
				generalTo be eligible to receive at-home infant care benefits
				through a demonstration project under this section, a family shall—
								(i)have a family
				income that does not exceed the limit specified in section 658P(4)(B);
								(ii)include a child
				under the age of 12 months (or, at the election of the State carrying out the
				demonstration project, 24 months);
								(iii)include a
				parent who had a recent work history (as determined in accordance with the
				State's requirements for such a work history) prior to application for the
				at-home infant care benefits; and
								(iv)meet such other
				eligibility requirements as the State may establish.
								(B)Two-Parent
				familiesA State selected to carry out a demonstration project
				under this section shall permit 2-parent families to participate in the project
				but may not limit participation in the project to such families.
							(4)Amount of
				assistanceThe amount of an at-home infant care benefit provided
				to an eligible low-income family under this section for a month shall not
				exceed the monthly amount obtained by applying 100 percent of the State’s
				maximum rate for a licensed family child care provider for full-time infant
				care.
						(5)TANF
				assistanceThe receipt of an at-home infant care benefit under
				this section shall not be considered to be assistance for any purpose under the
				program of block grants to States for temporary assistance for needy families
				established under part A of title IV of the Social Security Act (42 U.S.C. 601
				et seq.).
						(6)Benefit not
				treated as incomeNotwithstanding any other provision of law, the
				value of an at-home infant care benefit shall not be treated as income for
				purposes of any Federal or federally-assisted program that bases eligibility,
				or the amount of benefits or services provided, on need.
						(c)Evaluation and
				report to Congress
						(1)In
				generalThe Secretary shall conduct an evaluation of the
				demonstration projects carried out under this section and submit a report to
				Congress containing the results of such evaluation not later than 4 years after
				the date of enactment of Choices in Child Care Act.
						(2)RequirementsIn
				conducting the evaluation, the Secretary shall examine the following:
							(A)Implementation
				experiences of the States carrying out the demonstration projects in developing
				and operating projects providing at-home infant care benefits, including design
				issues and issues in coordinating at-home infant care benefits provided under
				this section with benefits provided or funded under another provision of this
				Act in the State.
							(B)The
				characteristics of families seeking to participate and participating in the
				demonstration projects providing at-home infant care benefits funded under this
				section.
							(C)The length of
				participation by families in such demonstration projects and the reasons for
				the families ceasing to participate in the demonstration projects.
							(D)The prior and
				subsequent employment of the participating families and the effect of the
				demonstration project participation on subsequent employment of the
				families.
							(E)The costs and
				benefits of the demonstration projects.
							(F)The effectiveness
				of State efforts (including tribal efforts) to improve the quality of infant
				care during the periods in which the demonstration projects are carried
				out.
							(3)Reservation of
				fundsFrom the amount appropriated under section 658B(b) for a
				fiscal year, the Secretary shall reserve $1,000,000 for purposes of conducting
				the evaluation required under this
				subsection.
						.
		4.Authorization of
			 appropriations and conforming amendments
			(a)Authorization
			 of appropriationsSection 658B of the Child Care and Development
			 Block Grant Act of 1990 (42 U.S.C. 9858) is amended—
				(1)by
			 inserting:(a) In
			 General.—before There
			 is;
					(2)by inserting
			 (other than section 658H) after this subchapter;
			 and
				(3)by adding at the
			 end the following:

						(b)Demonstration
				projects to provide at-home infant care benefitsThere is
				authorized to be appropriated to carry out section 658H $75,000,000 for fiscal
				year 2007 and each subsequent fiscal
				year.
						.
				(b)Conforming
			 amendments
				(1)ReservationsSection
			 658O(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
			 9858m(a)) is amended—
					(A)in paragraph (1),
			 by striking under this subchapter and inserting under
			 section 658B(a); and
					(B)in paragraph (2),
			 by striking under section 658B and inserting under
			 section 658B(a).
					(2)AllotmentsSection
			 658O(b)(1) of such Act (42 U.S.C. 9858m(b)(1)) is amended by striking
			 under section 658B and inserting under section
			 658B(a).


113 HR 2165 IH: Ensuring Quality Health Care for All Americans Act of 2013
U.S. House of Representatives
2013-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2165
		IN THE HOUSE OF REPRESENTATIVES

			May 23, 2013
			Mr. Heck of Nevada
			 (for himself and Mr. Fitzpatrick)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Education and the
			 Workforce, Ways and
			 Means, and the
			 Judiciary, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Public Health Service Act to provide
		  individual and group market reforms to protect health insurance consumers, to
		  make such reforms and protections contingent on the enactment of legislation
		  repealing the Patient Protection and Affordable Care Act, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Ensuring Quality Health Care
			 for All Americans Act of 2013.
			(b)Table of
			 contentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Effective date contingent on repeal of
				PPACA.
					Sec. 3. Prohibiting discrimination based on health
				status.
					Sec. 4. Guaranteed renewability of coverage.
					Sec. 5. Prohibition of preexisting condition exclusions and
				other discrimination based on health status.
					Sec. 6. No lifetime or annual limits.
					Sec. 7. Prohibition on rescissions.
					Sec. 8. Extension of dependent coverage.
					Sec. 9. Application of group market reforms to ERISA and the
				Internal Revenue Code of 1986.
					Sec. 10. Catastrophic plan.
					Sec. 11. Grants for health insurance risk adjustment
				mechanisms.
					Sec. 12. Liability protections for health care
				providers.

			2.Effective date
			 contingent on repeal of PPACA
			(a)In
			 generalThis Act and the amendments made by this Act shall take
			 effect upon the enactment of PPACA repeal legislation described in subsection
			 (b) and this Act and the amendments made by this Act shall have no force or
			 effect if such PPACA repeal legislation is not enacted.
			(b)PPACA repeal
			 legislation describedFor
			 purposes of subsection (a), PPACA repeal legislation described in this
			 subsection is legislation that—
				(1)repeals Public Law
			 111–148, and restores or revives the provisions of law amended or repealed,
			 respectively, by such Act as if such Act had not been enacted and without
			 further amendment to such provisions of law; and
				(2)repeals title I
			 and subtitle B of title II of the Health Care and Education Reconciliation Act
			 of 2010 (Public Law 111–152), and restores or revives the provisions of law
			 amended or repealed, respectively, by such title or subtitle, respectively, as
			 if such title and subtitle had not been enacted and without further amendment
			 to such provisions of law.
				3.Prohibiting
			 discrimination based on health status
			(a)Group
			 marketSubpart 3 of part A of
			 title XXVII of the Public Health Service Act is amended by striking section
			 2711 of such Act (42 U.S.C. 300gg–11) and inserting the following:

					2711.Guaranteed
				availability of coverage
						(a)Guaranteed
				issuance of coverage in the group market
							(1)In
				generalSubject to
				subsections (b) through (e), each health insurance issuer that offers health
				insurance coverage in the group market in a State shall accept every employer
				and every individual in a group in the State that applies for such
				coverage.
							(2)Special rule for
				associationsAn association
				shall be treated as an employer for purposes of this section if such
				association seeks to provide group health insurance coverage to not less than
				200 qualified individuals.
							(b)Enrollment
							(1)RestrictionA
				health insurance issuer described in subsection (a) may restrict enrollment in
				coverage described in such subsection to open or special enrollment
				periods.
							(2)EstablishmentA
				health insurance issuer described in subsection (a) shall, in accordance with
				the regulations promulgated under paragraph (3), establish special enrollment
				periods for qualifying events (as such term is defined in section 603 of the
				Employee Retirement Income Security Act of 1974).
							(3)Special rules
				for associations
								(A)Qualifying
				eventsFor purposes of
				applying
				paragraph (2) to an
				association—
									(i)the term
				covered employee in section 603 of the Employee Retirement Income
				Security Act of 1974 shall include a qualified individual (as such term is
				defined in section 2701(d)(2)(D));
									(ii)the term
				employer shall include an association (as such term is defined in
				section 2701(d)(2)(A)); and
									(iii)the term
				termination (other than by reason of such employee's gross misconduct),
				or reduction of hours, of the covered employee's employment shall
				include the termination of membership to the association.
									(B)EnrollmentWith respect to health insurance coverage
				provided to an association under
				subsection (a)(2), a health insurance
				issuer shall permit a qualified individual who is eligible, but not enrolled
				(or a dependent of such individual if the dependent is eligible, but not
				enrolled) for such coverage to enroll for coverage under the terms of such
				coverage when any one of the following events occur:
									(i)New members and
				employeesA qualified
				individual, and any dependent of such individual, may enroll during the 30-day
				period following the end of the period described under section 2701(d)(2)(D)
				that applies to such individual.
									(ii)Annual
				enrollmentA qualified individual, and any dependent of such
				individual, may enroll during the annual enrollment period established under
				the terms of the coverage
									(C)Termination of
				enrollmentWith respect to group health insurance coverage
				provided by an association, a qualified individual or dependent who terminates
				enrollment in such coverage may only re-enroll in such coverage during the
				annual enrollment period described under
				subparagraph (B)(ii).
								(D)DefinitionsFor purposes of this section, the terms
				association and qualified individual have the meaning
				given such terms in section 2701(d)(2).
								(4)RegulationsThe
				Secretary shall promulgate regulations with respect to enrollment periods under
				this subsection.
							(c)Special Rules
				for Network Plans
							(1)In
				generalIn the case of a health insurance issuer that offers
				health insurance coverage in the group market in a State through a network
				plan, the issuer may—
								(A)limit the
				employers that may apply for such coverage to those with eligible individuals
				who live, work, or reside in the service area for such network plan; and
								(B)within the service
				area of such plan, deny such coverage to such employers if the issuer has
				demonstrated, if required, to the applicable State authority that—
									(i)it
				will not have the capacity to deliver services adequately to enrollees of any
				additional groups because of its obligations to existing group contract holders
				and enrollees; and
									(ii)it is applying
				this paragraph uniformly to all employers without regard to—
										(I)the claims
				experience of those employers and their employees (and their dependents);
				or
										(II)any
				health-status-related factor relating to such employees and dependents.
										(2)180-day
				suspension upon denial of coverageAn issuer, upon denying health
				insurance coverage in any service area in accordance with
				paragraph (1)(B), may not offer
				coverage in the group market within such service area for a period of 180 days
				after the date such coverage is denied.
							(d)Application of
				Financial Capacity Limits
							(1)In
				generalA health insurance issuer may deny health insurance
				coverage in the group if the issuer has demonstrated, if required, to the
				applicable State authority that—
								(A)it does not have
				the financial reserves necessary to underwrite additional coverage; and
								(B)it is applying
				this paragraph uniformly to all employers and individuals in the group market
				in the State—
									(i)in
				a manner that is consistent with applicable State law; and
									(ii)without regard
				to—
										(I)the claims
				experience of those individuals, employers, and their employees (and their
				dependents); or
										(II)any
				health-status-related factor relating to such individuals, employees, and
				dependents.
										(2)180-day
				suspension upon denial of coverageA health insurance issuer upon
				denying health insurance coverage in connection with group health plans in
				accordance with paragraph (1) in a State may not offer coverage in connection
				with group health plans in the group market in the State for a period of 180
				days after the date such coverage is denied or until the issuer has
				demonstrated to the applicable State authority, if required under applicable
				State law, that the issuer has sufficient financial reserves to underwrite
				additional coverage, whichever is later. An applicable State authority may
				provide for the application of this subsection on a service-area-specific
				basis.
							.
			(b)Individual
			 marketSubpart 1 of part B of
			 title XXVII of the Public Health Service Act is amended by striking section
			 2741 of such Act (42 U.S.C. 300gg–41) and inserting the following:

					2741.Guaranteed
				availability of coverageThe
				provisions of section 2711 (other than subsection (a)(2) and subsection (b)(3))
				shall apply to health insurance coverage offered to individuals by a health
				insurance issuer in the individual market in the same manner as such provisions
				apply to health insurance coverage offered to employers by a health insurance
				issuer in connection with health insurance coverage in the group market. For
				purposes of this section, the Secretary shall treat any reference of the word
				employer in such section as a reference to the term
				individual.
					.
			4.Guaranteed
			 renewability of coverageSection 2712 of the Public Health Service
			 Act (42 U.S.C. 300gg–12) is amended—
			(1)in subsection
			 (a)—
				(A)by inserting
			 , including coverage offered before in connection with a
			 group health plan; and
				(B)by inserting
			 employer or other before plan sponsor of the
			 plan;
				(2)in subsection (b)—
				(A)in the matter
			 before paragraph (1), by striking health insurance coverage in
			 connection with a group health plan in the small or large group market
			 and insert such health insurance coverage; and
				(B)in paragraph (6)
			 by striking  one or more bona fide associations and inserting
			 one or more associations (as such term is defined in section
			 2701(d)(2)(A));
				(3)in subsection
			 (c)(1)(B), by striking to a group health plan;
			(4)in subsection (d)—
				(A)in matter before
			 paragraph (1), by striking to a group health plan; and
				(B)in paragraph (2),
			 by striking bona fide associations and inserting
			 associations (as such term is defined in section 2701(d)(2)(A));
			 and
				(5)in subsection (e),
			 by inserting (as such term is defined in section 2701(d)(2)(A))
			 after one or more associations.
			5.Prohibition of
			 preexisting condition exclusions and other discrimination based on health
			 status
			(a)Group
			 marketSubpart 1 of part A of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is
			 amended by striking section 2701 and inserting the following:

					2701.Prohibition of
				preexisting condition exclusions and other discrimination based on health
				status
						(a)In
				GeneralA group health plan or a health insurance issuer offering
				group health insurance coverage may not impose any preexisting condition
				exclusion with respect to such plan or coverage.
						(b)DefinitionsFor
				purposes of this part:
							(1)Preexisting
				condition exclusion
								(A)In
				generalThe term preexisting condition exclusion
				means, with respect to a group health plan or health insurance coverage, a
				limitation or exclusion of benefits relating to a condition based on the fact
				that the condition was present before the date of enrollment in such plan or
				for such coverage, whether or not any medical advice, diagnosis, care, or
				treatment was recommended or received before such date.
								(B)Treatment of
				genetic informationGenetic information shall not be treated as a
				preexisting condition in the absence of a diagnosis of the condition related to
				such information.
								(2)Date of
				enrollmentThe term date of enrollment means, with
				respect to an individual covered under a group health plan or health insurance
				coverage, the date of enrollment of the individual in the plan or coverage or,
				if earlier, the first day of the waiting period for such enrollment.
							(3)Waiting
				periodThe term waiting period means, with respect
				to a group health plan and an individual who is a potential participant or
				beneficiary in the plan, the period that must pass with respect to the
				individual before the individual is eligible to be covered for benefits under
				the terms of the plan.
							(c)Special
				Enrollment Periods
							(1)Individuals
				losing other coverageA group health plan, and a health insurance
				issuer offering group health insurance coverage in connection with a group
				health plan, shall permit an employee who is eligible, but not enrolled, for
				coverage under the terms of the plan (or a dependent of such an employee if the
				dependent is eligible, but not enrolled, for coverage under such terms) to
				enroll for coverage under the terms of the plan if each of the following
				conditions is met:
								(A)The employee or
				dependent was covered under a group health plan or had health insurance
				coverage at the time coverage was previously offered to the employee or
				dependent.
								(B)The employee
				stated in writing at such time that coverage under a group health plan or
				health insurance coverage was the reason for declining enrollment, but only if
				the plan sponsor or issuer (if applicable) required such a statement at such
				time and provided the employee with notice of such requirement (and the
				consequences of such requirement) at such time.
								(C)The employee's or
				dependent's coverage described in subparagraph (A)—
									(i)was under a COBRA
				continuation provision and the coverage under such provision was exhausted;
				or
									(ii)was not under
				such a provision and either the coverage was terminated as a result of loss of
				eligibility for the coverage (including as a result of legal separation,
				divorce, death, termination of employment, or reduction in the number of hours
				of employment) or employer contributions toward such coverage were
				terminated.
									(D)Under the terms of
				the plan, the employee requests such enrollment not later than 30 days after
				the date of exhaustion of coverage described in subparagraph (C)(i) or
				termination of coverage or employer contribution described in subparagraph
				(C)(ii).
								(2)For dependent
				beneficiaries
								(A)In
				generalIf—
									(i)a
				group health plan makes coverage available with respect to a dependent of an
				individual;
									(ii)the individual is
				a participant under the plan (or has met any waiting period applicable to
				becoming a participant under the plan and is eligible to be enrolled under the
				plan but for a failure to enroll during a previous enrollment period);
				and
									(iii)a person becomes
				such a dependent of the individual through marriage, birth, or adoption or
				placement for adoption,
									the
				group health plan shall provide for a dependent special enrollment period
				described in subparagraph (B) during which the person (or, if not otherwise
				enrolled, the individual) may be enrolled under the plan as a dependent of the
				individual, and in the case of the birth or adoption of a child, the spouse of
				the individual may be enrolled as a dependent of the individual if such spouse
				is otherwise eligible for coverage.(B)Dependent
				special enrollment periodA dependent special enrollment period
				under this subparagraph shall be a period of not less than 30 days and shall
				begin on the later of—
									(i)the date dependent
				coverage is made available; or
									(ii)the date of the
				marriage, birth, or adoption or placement for adoption (as the case may be)
				described in subparagraph (A)(iii).
									(C)No waiting
				periodIf an individual seeks to enroll a dependent during the
				first 30 days of such a dependent special enrollment period, the coverage of
				the dependent shall become effective—
									(i)in
				the case of marriage, not later than the first day of the first month beginning
				after the date the completed request for enrollment is received;
									(ii)in the case of a
				dependent's birth, as of the date of such birth; or
									(iii)in the case of a
				dependent's adoption or placement for adoption, the date of such adoption or
				placement for adoption.
									(3)Special rules
				for application in case of Medicaid and chip
								(A)In
				generalA group health plan, and a health insurance issuer
				offering group health insurance coverage in connection with a group health
				plan, shall permit an employee who is eligible, but not enrolled, for coverage
				under the terms of the plan (or a dependent of such an employee if the
				dependent is eligible, but not enrolled, for coverage under such terms) to
				enroll for coverage under the terms of the plan or coverage if either of the
				following conditions is met:
									(i)Termination of
				medicaid or chip coverageThe employee or dependent is covered
				under a Medicaid plan under title XIX of the Social Security Act or under a
				State child health plan under title XXI of such Act and coverage of the
				employee or dependent under such a plan is terminated as a result of loss of
				eligibility for such coverage and the employee requests coverage under the
				group health plan (or health insurance coverage) not later than 60 days after
				the date of termination of such coverage.
									(ii)Eligibility for
				employment assistance under medicaid or chipThe employee or
				dependent becomes eligible for assistance, with respect to coverage under the
				group health plan or health insurance coverage, under such Medicaid plan or
				State child health plan (including under any waiver or demonstration project
				conducted under or in relation to such a plan), if the employee requests
				coverage under the group health plan or health insurance coverage not later
				than 60 days after the date the employee or dependent is determined to be
				eligible for such assistance.
									(B)Coordination
				with medicaid and chip
									(i)Outreach to
				employees regarding availability of medicaid and chip coverage
										(I)In
				generalEach employer that maintains a group health plan in a
				State that provides medical assistance under a State Medicaid plan under title
				XIX of the Social Security Act, or child health assistance under a State child
				health plan under title XXI of such Act, in the form of premium assistance for
				the purchase of coverage under a group health plan, shall provide to each
				employee a written notice informing the employee of potential opportunities
				then currently available in the State in which the employee resides for premium
				assistance under such plans for health coverage of the employee or the
				employee's dependents. For purposes of compliance with this subclause, the
				employer may use any State-specific model notice developed in accordance with
				section 701(f)(3)(B)(i)(II) of the Employee Retirement Income Security Act of
				1974 (29 U.S.C. 1181(f)(3)(B)(i)(II)).
										(II)Option to
				provide concurrent with provision of plan materials to
				employeeAn employer may provide the model notice applicable to
				the State in which an employee resides concurrent with the furnishing of
				materials notifying the employee of health plan eligibility, concurrent with
				materials provided to the employee in connection with an open season or
				election process conducted under the plan, or concurrent with the furnishing of
				the summary plan description as provided in section 104(b) of the Employee
				Retirement Income Security Act of 1974.
										(ii)Disclosure
				about group health plan benefits to States for medicaid- and CHIP-eligible
				individualsIn the case of an enrollee in a group health plan who
				is covered under a Medicaid plan of a State under title XIX of the Social
				Security Act or under a State child health plan under title XXI of such Act,
				the plan administrator of the group health plan shall disclose to the State,
				upon request, information about the benefits available under the group health
				plan in sufficient specificity, as determined under regulations of the
				Secretary of Health and Human Services in consultation with the Secretary that
				require use of the model coverage coordination disclosure form developed under
				section 311(b)(1)(C) of the Children's Health Insurance Reauthorization Act of
				2009, so as to permit the State to establish (under paragraph (2)(B), (3), or
				(10) of section 2105(c) of the Social Security Act or otherwise) the cost
				effectiveness of the State providing medical or child health assistance through
				premium assistance for the purchase of coverage under such group health plan
				and in order for the State to provide supplemental benefits required under
				paragraph (10)(E) of such section or other authority.
									(d)Application to
				association plans
							(1)In
				generalA group health plan or health insurance issuer that
				provides coverage to an association as required under section 2711(a)(2) shall
				accept every qualified individual that the association seeks health insurance
				coverage for, without regard to the health status of such individual.
							(2)Definitions
				related to associationsFor purposes of this subsection:
								(A)AssociationThe
				term association means an association that—
									(i)has a constitution
				and bylaws;
									(ii)is determined by
				the Secretary to be an association which is operating in good faith for a
				primary purpose other than that of obtaining insurance; and
									(iii)has been in
				existence for a period of at least 5 years.
									(B)DependentThe
				term dependent, with respect to a qualified individual, has the
				meaning given such term in section 2714, with respect to a policy
				holder.
								(C)Qualified
				actuaryThe term qualified actuary means a member in
				good standing of the American Academy of Actuaries, or a successor organization
				approved by the Secretary.
								(D)Qualified
				individualsThe term
				qualified individual means, with respect to an association, an
				individual who meets any of the following:
									(i)A member of the
				association who has been such a member for a period of at least 30 days.
									(ii)An employee of
				such member who has been employed by such member for a period of at least 30
				days.
									(iii)An employee of
				the association who has been employed by the association for a period of at
				least 30
				days.
									.
			(b)Individual
			 marketSubpart 1 of part B of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–41 et seq.) is
			 amended by adding at the end the following:

					2746.Prohibition of
				preexisting condition exclusions or other discrimination based on health
				statusThe provisions of
				section 2701 (other than subparagraphs (A)(ii) and (B) of subsection (c)(3))
				shall apply to health insurance coverage offered to individuals by a health
				insurance issuer in the individual market in the same manner as it applies to
				health insurance coverage offered by a health insurance issuer in the group
				market.
					.
			6.No
			 lifetime or annual limits
			(a)Group
			 marketSubpart 2 of part A of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) is
			 amended by adding at the end the following:

					2708.No lifetime or
				annual limits
						(a)In
				generalA group health plan and a health insurance issuer
				offering group health insurance coverage may not establish—
							(1)lifetime limits on
				the dollar value of benefits for any participant or beneficiary; or
							(2)unreasonable annual limits (within the
				meaning of section 223 of the Internal Revenue Code of 1986) on the dollar
				value of benefits for any participant or beneficiary.
							(b)Per Beneficiary
				LimitsA group health plan or
				health insurance coverage may not place annual or lifetime per beneficiary
				limits on specific covered benefits unless such limits are otherwise permitted
				under Federal or State
				law.
						.
			(b)Individual
			 marketSubpart 2 of part B of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.) is
			 amended by adding at the end the following:

					2754.No lifetime or
				annual limitsThe provisions
				of section 2708 shall apply to health insurance coverage offered to individuals
				by a health insurance issuer in the individual market in the same manner as it
				applies to health insurance coverage offered by a health insurance issuer in
				the group
				market.
					.
			7.Prohibition on
			 rescissions
			(a)Group
			 marketSubpart 1 of part A of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is
			 amended by adding at the end the following:

					2703.Prohibition on
				rescissionsA group health
				plan and a health insurance issuer offering group health insurance coverage
				shall not rescind such plan or coverage with respect to an enrollee once the
				enrollee is covered under such plan or coverage involved, except that this
				section shall not apply to a covered individual who has performed an act or
				practice that constitutes fraud or makes an intentional misrepresentation of
				material fact as prohibited by the terms of the plan or coverage. Such plan or
				coverage may not be cancelled except with prior notice to the enrollee, and
				only as permitted under section
				2712(b).
					.
			(b)Individual
			 marketSubpart 1 of part B of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–41 et seq.) is
			 amended by adding at the end the following:

					2747.Prohibition on
				rescissionsThe provisions of
				section 2703 shall apply to health insurance coverage offered to individuals by
				a health insurance issuer in the individual market in the same manner as it
				applies to health insurance coverage offered by a health insurance issuer in
				the group
				market.
					.
			8.Extension of
			 dependent coverage
			(a)Group
			 market
				(1)In
			 generalSubpart 1 of part A
			 of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is
			 amended by adding at the end:

						2703A.Extension of
				dependent coverage
							(a)In
				GeneralA group health plan and a health insurance issuer
				offering group health insurance coverage that provides dependent coverage of
				children shall continue to make such coverage available for such a dependent
				after such dependent turns 18 years of age until the first of the following
				events occurs:
								(1)The dependent
				turns 26 years of age.
								(2)The dependent
				marries.
								(3)Subject to
				subsection (c), the dependent no longer
				resides in the home of—
									(A)the policy holder
				through which such dependent is eligible for dependent coverage; or
									(B)in the case that
				the policy holder through which such dependent is eligible for dependent
				coverage provides such coverage subject to an order to provide child support,
				the dependent’s parent or legal guardian.
									(b)Exception for
				college studentsParagraph (3) of
				subsection (a) shall not apply to a
				dependent for any period of time during which such dependent is enrolled as a
				full-time student at a postsecondary educational institution (including an
				institution of higher education as defined in section 102 of the Higher
				Education Act of 1965).
							(c)LimitationNothing
				in this section shall require a plan or an issuer described in
				subsection (a) to make coverage
				available for a child of an individual receiving dependent coverage pursuant to
				this section.
							(d)Rule of
				ConstructionNothing in this section shall be construed to modify
				the definition of dependent as used in the Internal Revenue Code
				of 1986 with respect to the tax treatment of the cost of
				coverage.
							.
				(2)RegulationsThe
			 Secretary shall promulgate regulations to define the dependents to which
			 coverage shall be made available under section 2703A of the Public Health
			 Service Act, as added by paragraph (1).
				(b)Individual
			 marketSubpart 1 of part B of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–41 et seq.) is
			 amended by adding at the end the following:

					2748.Extension of
				dependent coverageThe
				provisions of section 2703A shall apply to health insurance coverage offered to
				individuals by a health insurance issuer in the individual market in the same
				manner as it applies to health insurance coverage offered by a health insurance
				issuer in the group
				market.
					.
			9.Application of
			 group market reforms to ERISA and the Internal Revenue Code of 1986
			(a)ERISA
				(1)In
			 generalSubpart A of title VII of the Employee Retirement Income
			 Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended—
					(A)by striking
			 sections 701 and 703; and
					(B)by inserting
			 before section 702 the following:

							701.Application of
				certain PHSA requirements
								(a)In
				generalSections 2701, 2703, 2703A, 2708, 2711, and 2712 of the
				Public Health Service Act shall apply to group health plans, and health
				insurance issuers providing health insurance coverage in connection with group
				health plans, as if included in this subpart.
								(b)ConflictTo
				the extent that any provision of this part conflicts with a provision of any
				section of the Public Health Service Act listed in
				subsection (a) with respect to group
				health plans, or health insurance issuers providing health insurance coverage
				in connection with group health plans, the provisions of such sections shall
				apply.
								.
					(2)Conforming
			 amendmentThe table of
			 contents in section 1 of such Act (29 U.S.C. 1001 note) is amended—
					(A)by striking the
			 item related to section 701 and inserting Sec. 701. Application of
			 certain PHSA requirements.; and
					(B)by striking the
			 item related to section 703.
					(b)Internal Revenue
			 Code of 1986Subchapter A of
			 chapter 100 of the Internal Revenue Code of 1986 (relating to group health plan
			 requirements) is amended—
				(1)by striking
			 sections 9801 and 9803; and
				(2)by inserting
			 before section 9802 the following:

						9801.Application of
				certain PHSA requirements
							(a)In
				generalSections 2701, 2703,
				2703A, 2708, 2711, and 2712 of the Public Health Service Act shall apply to
				group health plans, and health insurance issuers providing health insurance
				coverage in connection with group health plans, as if included in this
				subchapter.
							(b)ConflictTo the extent that any provision of this
				subchapter conflicts with a provision of any section of the Public Health
				Service Act listed in
				subsection (a) with respect to group
				health plans, or health insurance issuers providing health insurance coverage
				in connection with group health plans, the provisions of such sections shall
				apply.
							.
				10.Catastrophic
			 planSubpart 1 of part B of
			 title XXVII of the Public Health Service Act (42 U.S.C. 300gg–41 et seq.) is
			 amended by adding at the end the following:

				2749.Catastrophic
				plan
					(a)In
				generalEach health insurance
				issuer that offers health insurance coverage in the individual market in a
				State shall offer a catastrophic plan in such State in such market.
					(b)Coverage
				requirementsTo meet the
				requirements of this section, a catastrophic plan must provide for the
				essential health benefits, as defined by the Secretary under subsection
				(c).
					(c)Essential health
				benefitsThe Secretary shall
				define the essential health benefits, except that such benefits shall
				include—
						(1)coverage for at least three primary care
				visits during a plan year; and
						(2)at least the
				following general categories and the items and services covered within the
				categories:
							(A)Ambulatory patient
				services.
							(B)Emergency
				services.
							(C)Hospitalization.
							(D)Maternity and
				newborn care.
							(E)Mental health and
				substance use disorder services, including behavioral health treatment.
							(F)Prescription
				drugs.
							(G)Rehabilitative and
				habilitative services and devices.
							(H)Laboratory
				services.
							(I)Preventive and
				wellness services and chronic disease management.
							(J)Pediatric
				services, including oral and vision care.
							(d)Restriction to
				individual marketIf a health insurance issuer offers a health
				plan described in this section, the issuer may only offer the plan in the
				individual
				market.
					.
		11.Grants for
			 health insurance risk adjustment mechanisms
			(a)In
			 generalThe Secretary of
			 Health and Human Services shall make grants to States for planning for the
			 establishment and implementation of health insurance risk adjustment
			 mechanisms.
			(b)Amount
				(1)In
			 generalThe Secretary shall determine the amount of a grant made
			 to a State under this section pursuant to a formula, issued by rule not later
			 than one year after the date of the enactment of the PPACA repeal legislation
			 described in section 2(b), that takes into account the number of high-risk
			 individuals in such State.
				(2)LimitationThe amount of a grant made to a State under
			 this section shall not exceed $1,000,000 for any fiscal year.
				(c)Use of
			 fundsThe grant funds made
			 available to a State under this section may only be used by a State for the
			 cost associated with planning for the establishment and implementation of
			 health insurance risk adjustment mechanisms. Such funds may not be used for
			 costs related to administering such mechanisms.
			(d)DefinitionsFor
			 purposes of this section:
				(1)High-risk
			 individualThe term
			 high-risk individual means an individual who—
					(A)is a citizen or
			 national of the United States or is lawfully present in the United
			 States;
					(B)has not been
			 covered under creditable coverage (as defined in section 2701(c)(1) of the
			 Public Health Service Act as in effect on March 22, 2010) during the previous
			 6-month period; and
					(C)has a preexisting
			 condition, as determined in a manner consistent with guidance issued by the
			 Secretary.
					(2)Health insurance
			 risk-adjustment mechanisms
					(A)In
			 generalWith respect to a State, the term health insurance
			 risk-adjustment mechanism shall be a mechanism that applies to—
						(i)all health
			 insurance issuers who offer health insurance coverage in such State; and
						(ii)all covered lives
			 for health insurance coverage offered in such State that is subject to the
			 requirements of section 2711 or section 2741 of the Public Health Service Act,
			 as added by section 3 of this Act.
						(B)Further
			 definitionWith respect to a State, any further definition of
			 such term shall be determined by the State insurance commissioner, acting in
			 cooperation with health insurance issuers who offer health insurance coverage
			 in such State.
					(3)StateThe
			 term State means each of the 50 States and the District of
			 Columbia.
				(e)Sunset
			 dateThe Secretary may not make any grants under
			 this section after the date that is 2 years after the date of the enactment of
			 the PPACA repeal legislation described in section 2(b).
			12.Liability protections
			 for health care providers
			(a)Health care
			 providers protectedThe
			 liability protections in subsection (c) shall apply in any civil action,
			 including an action before any court of any State, against a health care
			 provider, arising from health care goods or services that—
				(1)were provided by a health care provider in
			 a hospital to which the requirements of section 1867 of the Social Security Act
			 (42 U.S.C. 1395dd) apply; and
				(2)were provided only because they were
			 required under section 1867 of the Social Security Act (42 U.S.C.
			 1395dd).
				(b)Burden of
			 proofIn any proceeding under subsection (a), the burden of proof
			 shall be on the defendant to establish the elements in paragraphs (1) and (2)
			 of subsection (a).
			(c)Liability
			 protections
				(1)Cap on
			 noneconomic damagesThe amount of noneconomic damages, if
			 available, shall not exceed $250,000, regardless of the number of parties
			 against whom the action is brought with respect to the same injury. An award
			 for noneconomic damages in excess of $250,000 shall be reduced either before
			 entry of the order granting judgment, or by amendment of such order.
				(2)Installment
			 paymentsIf the award for damages exceeds $50,000, the defendant
			 may pay such damages in installments, as determined by the court.
				(3)Attorney
			 feesAny contingent fee for a party’s attorney shall not
			 exceed—
					(A)40 percent of the
			 portion of the award amount that does not exceed $50,000;
					(B)331/3
			 percent of the portion of the award amount that exceeds $50,000 but does not
			 exceed $100,000;
					(C)25 percent of the
			 portion of the award amount that exceeds $100,000 but does not exceed $600,000;
			 and
					(D)15 percent of the
			 portion of the award amount that exceeds $600,000.
					(4)Disclosure of
			 collateral source benefitsAny person bringing a civil action
			 described in subsection (a) shall, and any party may, disclose or introduce
			 evidence of collateral source benefits.
				(5)Preemption
					(A)In
			 generalThe provisions of this Act preempt, subject to
			 subparagraphs (B) and (C), State law to the extent that State law prevents the
			 application of any provisions of law established by or under this Act. The
			 provisions governing an action described in subsection (a) set forth in this
			 Act supersede chapter 171 of title 28, United States Code, to the extent that
			 such chapter—
						(i)provides for a
			 greater amount of damages or contingent fees, a longer period in which a health
			 care lawsuit may be commenced, or a reduced applicability or scope of periodic
			 payment of future damages, than provided in this Act; or
						(ii)prohibits the
			 introduction of evidence regarding collateral source benefits, or mandates or
			 permits subrogation or a lien on collateral source benefits.
						(B)Greater
			 protections preservedThis
			 Act shall not preempt or supersede any State or Federal law that imposes
			 greater procedural or substantive protections for health care providers from
			 liability, loss, or damages than those provided by this Act or create a cause
			 of action.
					(C)Rule of
			 constructionNo provision of
			 this Act shall be construed to preempt—
						(i)any State law (whether effective before,
			 on, or after the date of the enactment of this Act) that specifies a particular
			 monetary amount of compensatory or punitive damages (or the total amount of
			 damages) that may be awarded in an action described in subsection (a),
			 regardless of whether such monetary amount is greater or lesser than is
			 provided for under this Act; or
						(ii)any defense available to a party in an
			 action described in subsection (a) under any other provision of State or
			 Federal law.
						(6)Definitions
					(A)Collateral
			 source benefitsAs used in this section, the term
			 collateral source benefits means any amount paid or reasonably
			 likely to be paid in the future to or on behalf of the claimant, or any
			 service, product, or other benefit provided or reasonably likely to be provided
			 in the future to or on behalf of the claimant, as a result of the personal
			 harm, pursuant to—
						(i)any
			 State or Federal health, sickness, income-disability, accident, or workers’
			 compensation law;
						(ii)any
			 health, sickness, income-disability, or accident insurance that provides health
			 benefits or income-disability coverage;
						(iii)any contract or
			 agreement of any group, organization, partnership, or corporation to provide,
			 pay for, or reimburse the cost of medical, hospital, dental, or
			 income-disability benefits; and
						(iv)any
			 other publicly or privately funded program.
						(B)Noneconomic
			 damagesAs used in this section, the term noneconomic
			 damages means damages for physical and emotional pain, suffering,
			 inconvenience, physical impairment, mental anguish, disfigurement, loss of
			 enjoyment of life, loss of society and companionship, loss of consortium (other
			 than loss of domestic service), hedonic damages, injury to reputation, and all
			 other nonpecuniary losses of any kind or nature.
					(C)Health care
			 providerAs used in this section, the term health care
			 provider means any person or entity required by State or Federal laws or
			 regulations to be licensed, registered, or certified to provide health care
			 services, and being either so licensed, registered, or certified, or exempted
			 from such requirement by other statute.
					(D)Health care
			 goods or servicesAs used in
			 this section, the term health care goods or services means any
			 goods or services provided by a health care organization, provider, or by any
			 individual working under the supervision of a health care provider, that
			 relates to the diagnosis, prevention, or treatment of any human disease or
			 impairment, or the assessment or care of the health of human beings.


 HR 890 ENR: To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Florida.
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 890

AN ACT
To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Florida.

1.Replacement of John H. Chafee Coastal Barrier Resources System map
(a)In generalThe maps subtitled Cape Romano Unit P15, Tigertail Unit FL–63P and Keewaydin Island Unit P16 included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)) and relating to certain John H. Chafee Coastal Barrier Resources System units in Florida are hereby replaced by other maps relating to the units subtitled Cape Romano Unit P15/P15P, Keewaydin Island Unit P16/P16P, Tigertail Unit FL–63P, and Keewaydin Island Unit P16/P16P, respectively, and dated April 10, 2015. (b)AvailabilityThe Secretary of the Interior shall keep the replacement maps referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 3416 IH: America’s Energy Security Trust Fund

U.S. House of Representatives
2007-08-03
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3416
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Larson of
			 Connecticut 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 reduce
		  carbon dioxide emissions in the United States domestic energy
		  supply.

		1.Short titleThis Act may be cited as the
			 America’s Energy Security Trust Fund
			 Act of 2007.
		2.Tax on carbon
			 dioxide content of certain substances
			(a)In
			 generalChapter 38 of the Internal Revenue Code of 1986 (relating
			 to environmental taxes) is amended by adding at the end thereof the following
			 new subchapter:

					ETax on carbon
				dioxide content of certain substances

							Sec. 4691. Imposition of tax.
							Sec. 4692. Refunds or credits.
							Sec. 4693. Definitions and special rules.

						4691.Imposition of
				tax
							(a)In
				generalThere is hereby
				imposed a tax on any taxable carbon substance sold by the manufacturer,
				producer, or importer thereof.
							(b)Amount of
				tax
								(1)In
				generalThe amount of tax imposed by subsection (a) on any
				taxable carbon substance shall be the applicable amount per ton of carbon
				dioxide content of such substance, as determined by the Secretary in
				consultation with the Secretary of Energy.
								(2)Fractional part
				of tonIn the case of a fraction of a ton, the tax imposed by
				subsection (a) shall be the same fraction of the amount of such tax imposed on
				a whole ton.
								(3)Applicable
				amountFor purposes of paragraph (1)—
									(A)Calendar year
				2008The applicable amount for calender year 2008 is $15.
									(B)Years after
				2008For a calendar year after 2008, the applicable amount is the
				product of—
										(i)the amount in
				effect under this paragraph for the preceding calendar year,
										(ii)1.1, and
										(iii)1 plus the cost
				of living adjustment determined under section 1(f)(3) for such calendar year,
				determined by substituting calendar year 2007 for
				calendar year 1992 in subparagraph (B) thereof.
										(c)Substance taxed
				only onceNo tax shall be imposed by subsection (a) with respect
				to a taxable carbon substance if the person who would be liable for such tax
				establishes that a prior tax imposed by such section has been imposed with
				respect to such product.
							4692.Refunds or
				credits
							(a)Sequestered
				carbonUnder regulations
				prescribed by the Secretary, if a person uses a taxable carbon substance as a
				feedstock so that the carbon associated with such substance will not be
				emitted, then an amount equal to the amount of tax in effect under section
				4691(b) with respect to such substance for the calendar year in which such use
				begins shall be allowed as a credit or refund (without interest) to such person
				in the same manner as if it were an overpayment of tax imposed by section
				4691.
							(b)Offset
				projects
								(1)In
				generalUnder regulations prescribed by the Secretary, if a
				person carries out a qualified offset project, then an amount equal to the
				amount of tax in effect under section 4691(b) with respect to such substance
				for the calendar year in which such project is completed shall be allowed as a
				credit or refund (without interest) to such person in the same manner as if it
				were an overpayment of tax imposed by section 4691.
								(2)Qualified offset
				projectFor purposes of paragraph (1), the term qualified
				offset project means a project carried out in the United States that—
									(A)reduces greenhouse
				gas emissions,
									(B)sequesters a
				greenhouse gas, or
									(C)destroys
				hydrofluorocarbons.
									(3)ExceptionSuch
				term does not include a project that involves enhanced oil recovery.
								(c)Previously taxed
				carbon substances used to make another taxable carbon
				substanceUnder regulations prescribed by the Secretary,
				if—
								(1)a tax under
				section 4691 was paid with respect to any taxable carbon substance, and
								(2)such substance was
				used by any person in the manufacture or production of any other substance
				which is a taxable carbon substance,
								then an
				amount equal to the tax so paid shall be allowed as a credit or refund (without
				interest) to such person in the same manner as if it were an overpayment of tax
				imposed by subsection (a). In any case to which this paragraph applies, the
				amount of any such credit or refund shall not exceed the amount of tax imposed
				by subsection (a) on the other taxable fuel manufactured or produced (or which
				would have been imposed by such subsection on such other fuel but for
				subsection (c)).(d)Exemption for
				exports
								(1)Tax-free
				sales
									(A)In
				generalNo tax shall be imposed under subsection (a) on the sale
				by the manufacturer or producer of any taxable carbon substance for export or
				for resale by the purchaser to a second purchaser for export.
									(B)Proof of export
				requiredRules similar to the rules of section 4221(b) shall
				apply for purposes of subparagraph (A).
									(2)Credit or refund
				where tax paid
									(A)In
				generalExcept as provided in subparagraph (B), if—
										(i)tax
				under subsection (a) was paid with respect to any taxable carbon substance,
				and
										(ii)(I)such substance was
				exported by any person, or
											(II)such substance was used as a material in
				the manufacture or production of a taxable carbon substance which was exported
				by any person and which, at the time of export, was a taxable carbon
				substance,
											credit
				or refund (without interest) of such tax shall be allowed or made to the person
				who paid such tax.(B)Condition to
				allowanceNo credit or refund shall be allowed or made under
				subparagraph (A) unless the person who paid the tax establishes that he—
										(i)has repaid or
				agreed to repay the amount of the tax to the person who exported the taxable
				carbon substance, or
										(ii)has obtained the
				written consent of such exporter to the allowance of the credit or the making
				of the refund.
										(C)Refunds directly
				to exporterThe Secretary shall provide, in regulations, the
				circumstances under which a credit or refund (without interest) of the tax
				under subsection (a) shall be allowed or made to the person who exported the
				taxable carbon substance, where—
										(i)the person who
				paid the tax waives his claim to the amount of such credit or refund,
				and
										(ii)the person
				exporting the taxable carbon substance provides such information as the
				Secretary may require in such regulations.
										(3)RegulationsThe
				Secretary shall prescribe such regulations as may be necessary to carry out the
				purposes of this subsection.
								4693.Definitions
				and special rules
							(a)DefinitionsFor
				purposes of this subchapter—
								(1)Taxable carbon
				substanceThe term taxable carbon substance means—
									(A)coal (including
				lignite and peat),
									(B)petroleum and any
				petroleum product (as defined in section 4612(a)(3)), and
									(C)natural
				gas,
									which is
				extracted, manufactured, or produced in the United States or entered into the
				United States for consumption, use, or warehousing.(2)United
				StatesThe term United States has the meaning given
				such term by section 4612(a)(4).
								(3)ImporterThe
				term importer means the person entering the taxable carbon
				substance for consumption, use, or warehousing.
								(4)TonThe
				term ton means 2,000 pounds. In the case of any taxable carbon
				substance which is a gas, the term ton means the amount of such
				gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight
				basis.
								(b)Use treated as
				saleIf any person manufactures, produces, or imports any taxable
				carbon substance and uses such substance, then such person shall be liable for
				tax under section 4691 in the same manner as if such substance were sold by
				such person.
							(c)Special rules
				for inventory exchanges
								(1)In
				generalExcept as provided in this paragraph, in any case in
				which a manufacturer, producer, or importer of a taxable carbon substance
				exchanges such substance as part of an inventory exchange with another
				person—
									(A)such exchange
				shall not be treated as a sale, and
									(B)such other person
				shall, for purposes of section 4691, be treated as the manufacturer, producer,
				or importer of such substance.
									(2)Registration
				requirementParagraph (1) shall not apply to any inventory
				exchange unless—
									(A)both parties are
				registered with the Secretary as manufacturers, producers, or importers of
				taxable carbon substances, and
									(B)the person
				receiving the taxable carbon substance has, at such time as the Secretary may
				prescribe, notified the manufacturer, producer, or importer of such person’s
				registration number and the internal revenue district in which such person is
				registered.
									(3)Inventory
				exchangeFor purposes of this subsection, the term
				inventory exchange means any exchange in which 2 persons exchange
				property which is, in the hands of each person, property described in section
				1221(a)(1).
								.
			(b)Establishment of
			 America’s Energy Security Trust FundSubchapter A of chapter 98
			 of such Code (relating to trust fund code) is amended by adding at the end the
			 following:

					9511.America’s
				Energy Security Trust Fund
						(a)Creation of
				Trust FundThere is established in the Treasury of the United
				States a trust fund to be known as America’s Energy Security Trust
				Fund (referred to in this section as the Trust Fund),
				consisting of such amounts as may be appropriated or credited to the Trust Fund
				as provided in this section or section 9602(b).
						(b)Transfers to
				Trust FundThere is hereby appropriated to the Trust Fund an
				amount equivalent to the increase in revenues received in the Treasury as the
				result of the tax imposed under section 4691.
						(c)Distribution of
				amounts in Trust FundAmounts
				in the Trust Fund equivalent to the taxes received in the Treasury under
				section 4691 for a calendar year shall be available without further
				appropriation, as follows:
							(1)First, the lesser of
				1/6 of such amount or $10,000,000,000 shall be available
				for a tax credit for research, development, or investment into clean energy
				technology.
							(2)Second, the affected industry transition
				assistance amount shall be available for transition assistance to industries
				negatively affected by this Act, as determined by the Secretary of the Treasury
				in consultation with the Secretary of Labor.
							(3)Third, the amount
				remaining after the application of paragraphs (1) and (2) shall be available
				for payroll tax relief under rebate paid under section 36.
							(d)Affected
				industry transition assistance amountFor purposes of subsection (c)(2), the
				affected industry transition assistance amount is the amount determined as
				follows:
							(1)For calendar year 2008,
				1/12 of the amount in the Trust Fund equivalent to the
				taxes received in the Treasury under section 4691 for calendar year 2008,
				determined after the application of subsection (c)(1).
							(2)For calendar year
				2009, 9/10 of the amount made available under paragraph
				(1) for calendar year 2008.
							(3)For calendar year 2010,
				4/5 of the amount made available under paragraph (1) for
				calendar year 2008.
							(4)For calendar year 2011,
				7/10 of the amount made available under paragraph (1) for
				calendar year 2008.
							(5)For calendar year 2012,
				3/5 of the amount made available under paragraph (1) for
				calendar year 2008.
							(6)For calendar year 2013,
				½ of the amount made available under paragraph (1) for
				calendar year 2008.
							(7)For calendar year 2014,
				2/5 of the amount made available under paragraph (1) for
				calendar year 2008.
							(8)For calendar year 2015,
				3/10 of the amount made available under paragraph (1) for
				calendar year 2008.
							(9)For calendar year 2016,
				1/5 of the amount made available under paragraph (1) for
				calendar year 2008.
							(10)For calendar year 2017,
				1/10 of the amount made available under paragraph (1) for
				calendar year 2008.
							(11)For calendar
				years after 2017,
				zero.
							.
			(c)Clerical
			 amendments
				(1)The table of
			 subchapters for chapter 38 of such Code is amended by adding at the end thereof
			 the following new item:

							Subchapter E. Tax on carbon dioxide
				content of certain
				substances.

						.
				(2)The table of
			 sections for subchapter A of chapter 98 of such Code is amended by adding at
			 the end the following:

							Sec. 9511. Taxable Carbon Substances Trust
				Fund.

						.
				(d)Effective
			 dateThe amendments made by this section shall take effect on
			 January 1, 2008.
			3.Carbon tax rebate
			 of payroll tax
			(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 inserting after section 35 the
			 following new section:

					36.Carbon tax
				rebate of payroll tax
						(a)In
				generalIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this subtitle for the taxable year an amount
				equal to the carbon tax rebate.
						(b)Carbon tax
				rebate
							(1)In
				generalFor purposes of this
				section, the term carbon tax rebate means with respect to a
				taxable year the individual’s share of the amount determined by the Secretary
				on a per capita basis to be the amount available under section 9511(c)(3) for
				the calendar year in which or with which the taxable year begins.
							(2)Determination
				based on estimatesThe determination under paragraph (1) shall be
				made on the basis of estimates by the Secretary, and proper adjustments shall
				be made in amounts available under section 9511(c)(3) for the succeeding
				taxable year to the extent prior estimates were in excess of or less than the
				amounts actually available under such section for the prior taxable year.
							(c)Limitation based
				on payroll taxes paid and Social Security benefits
							(1)In
				generalThe amount allowed as a credit under subsection (a) with
				respect to any individual for a taxable year shall not exceed the greater
				of—
								(A)the total amount
				of taxes paid with respect to such individual for such taxable year under
				section 1401 and chapters 21 and 22, determined after taking into account any
				refund under section 31(b) and 6413(c), or
								(B)10 percent of the aggregate amount of
				social security benefits (within the meaning of section 86(d)) received by such
				individual for the taxable year.
								(2)Special rule for
				Social Security benefits received for less than 12 monthsFor
				purposes of paragraph (1)(B), if Social Security benefits (as so defined) were
				not received for each month in the taxable year, such benefits shall be
				annualized by multiplying the Social Security benefits received by 12 and
				dividing the result by the number of months in such taxable year for which such
				benefits were received.
							(d)Denial of credit
				to dependentsNo credit shall
				be allowed under subsection (a) to an individual for such individual’s taxable
				year if a deduction under section 151 with respect to such individual is
				allowed to another taxpayer for a taxable year beginning in the calendar year
				in which such individual’s taxable year
				begins.
						.
			(b)Conforming
			 amendments
				(1)Paragraph (2) of
			 section 1324(b) of title 31, United States Code, is amended 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 redesignating section 36 as section 37 and inserting after section 35 the
			 following new section:

							Sec. 36. Carbon tax rebate of payroll tax.
							Sec. 37. Overpayments of
				tax.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2007.
			4.Study of taxation
			 of non-carbon greenhouse gases
			(a)In
			 generalThe Secretary of the Treasury, in consultation with the
			 Secretary of Energy shall conduct a study of the best methods to assess and
			 collect tax on non-carbon greenhouse gases similar to the tax imposed by
			 section 4691 of the Internal Revenue Code of 1986 (as added by this
			 Act).
			(b)ReportNot later than 6 months after the date of
			 the enactment of this Act, the Secretary of the Treasury shall submit to the
			 Congress the findings of the report required under subsection (a) together with
			 such legislative recommendations as the Secretary determine appropriate for the
			 assessment and collection of such tax.
			5.Sense of Congress
			 that other nations will join with the United States in reducing greenhouse gas
			 emissionsIt is the sense of
			 Congress that the major greenhouse gas emitting countries join with the United
			 States in reducing greenhouse gas emissions.


116 HR 5131 IH: Stop Padding Presidential Pockets Act
U.S. House of Representatives
2019-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5131IN THE HOUSE OF REPRESENTATIVESNovember 15, 2019Mrs. Watson Coleman (for herself and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, 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 require reimbursement for costs associated with Presidential travel, and for other purposes.

 1.Short titleThis Act may be cited as the Stop Padding Presidential Pockets Act . 2.Reimbursement requiredNotwithstanding any other provision of law, in the case of a person whom the United States Secret Service is authorized to protect under paragraph (1) or (2) of section 3056(a) of title 18, United States Code, if that person travels domestically or internationally in furtherance of the business interests of an entity owned by or controlled by the President of the United States, or from which the President of the United States receives any financial benefit, that person shall reimburse to the Treasury—
 (1)amount expended by the United States Secret Service for the provision of such protection; and (2)any amount expended for other costs incurred by the Government pertaining to that travel.


116 S1223 IS: Protecting Beneficiary Access to Complex Rehab Technology Act of 2019
U.S. Senate
2019-04-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1223IN THE SENATE OF THE UNITED STATESApril 29, 2019Mr. Casey (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide for the non-application of Medicare
			 competitive acquisition rates to complex rehabilitative wheelchairs and
			 accessories.

 1.Short titleThis Act may be cited as the Protecting Beneficiary Access to Complex Rehab Technology Act of 2019. 2.Clarifying non-application of Medicare competitive acquisition rates to complex rehabilitative wheelchairs and accessoriesSection 1834(a)(1)(F) of the Social Security Act (42 U.S.C. 1395m(a)(1)(F)) is amended—
 (1)in clause (ii), by striking at the end and; (2)in clause (iii), by striking at the end the period and inserting ; and; and
 (3)by adding at the end the following new clause:  (iv)in the case of covered items furnished on or after July 1, 2019, the Secretary shall not apply this subparagraph or any other provision of this title to use information from the competitive acquisition program to determine payment amounts for items excluded from such competitive acquisition program, including all complex rehabilitative manual and power wheelchairs classified by the Secretary as of January 1, 2015, and, without limitation, any wheelchair accessory, cushion, or back when furnished in connection with a complex rehabilitative manual or power wheelchair..