110 HR 2833 IH: Preexisting Condition Exclusion

U.S. House of Representatives
2007-06-22
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. 2833
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2007
			Mr. Courtney (for
			 himself and Mr. George Miller of
			 California) introduced the following bill; which was referred to
			 the Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Education and Labor and
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title I of the Employee Retirement Income
		  Security Act of 1974, title XXVII of the Public Health Service Act, and the
		  Internal Revenue Code of 1986 to provide additional limitations on preexisting
		  condition exclusions in group health plans and health insurance coverage in the
		  group and individual markets.

		1.Short titleThis Act may be cited as the
			 Preexisting Condition Exclusion
			 Patient Protection Act of 2007.
		2.Amendments
			 relating to preexisting condition exclusions under group health plans
			(a)Amendments to
			 the Employee Retirement Income Security Act of 1974
				(1)Reduction in
			 look-back periodSection 701(a)(1) of the Employee Retirement
			 Income Security Act of 1974 (29 U.S.C. 1181(a)(1)) is amended by striking
			 6-month period and inserting 30-day
			 period.
				(2)Reduction in
			 permitted preexisting condition limitation periodSection
			 701(a)(2) of such Act (29 U.S.C. 1181(a)(2)) is amended by striking 12
			 months and inserting 3 months, and by striking 18
			 months and inserting 9 months.
				(b)Amendments to
			 the Public Health Service Act
				(1)Reduction in
			 look-back periodSection 2701(a)(1) of the Public Health Service
			 Act (42 U.S.C. 300gg(a)(1)) is amended by striking 6-month
			 period and inserting 30-day period.
				(2)Reduction in
			 permitted preexisting condition limitation periodSection
			 2701(a)(2) of such Act (42 U.S.C. 300gg(a)(2)) is amended by striking 12
			 months and inserting 3 months, and by striking 18
			 months and inserting 9 months.
				(c)Amendments to
			 the Internal Revenue Code of 1986
				(1)Reduction in
			 look-back periodParagraph
			 (1) of section 9801(a) of the Internal Revenue Code of 1986 (relating to
			 limitation on preexisting condition exclusion period and crediting for periods
			 of previous coverage) is amended by striking 6-month period and
			 inserting 30-day period.
				(2)Reduction in
			 permitted preexisting condition limitation periodParagraph (2)
			 of section 9801(a) of such Code is amended by striking 12 months
			 and inserting 3 months, and by striking 18 months
			 and inserting 9 months.
				(d)Effective
			 date
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply with respect to group health plans for plan years
			 beginning after the end of the 12th calendar month following the date of the
			 enactment of this Act.
				(2)Special rule for
			 collective bargaining agreementsIn the case of a group health
			 plan maintained pursuant to one or more collective bargaining agreements
			 between employee representatives and one or more employers ratified before the
			 date of the enactment of this Act, the amendments made by this section shall
			 not apply to plan years beginning before the earlier of—
					(A)the date on which
			 the last of the collective bargaining agreements relating to the plan
			 terminates (determined without regard to any extension thereof agreed to after
			 the date of the enactment of this Act), or
					(B)3 years after the
			 date of the enactment of this Act.
					For purposes
			 of subparagraph (A), any plan amendment made pursuant to a collective
			 bargaining agreement relating to the plan which amends the plan solely to
			 conform to any requirement added by the amendments made by this section shall
			 not be treated as a termination of such collective bargaining agreement.3.Amendments
			 relating to preexisting condition exclusions in health insurance coverage in
			 the individual market
			(a)Applicability of
			 group health insurance limitations on imposition of preexisting condition
			 exclusions
				(1)In
			 generalSection 2741 of the Public Health Service Act (42 U.S.C.
			 300gg–41) is amended—
					(A)by redesignating
			 the second subsection (e) (relating to market requirements) and subsection (f)
			 as subsections (f) and (g), respectively; and
					(B)by adding at the
			 end the following new subsection:

							(h)Application of
				group health insurance limitations on imposition of preexisting condition
				exclusions
								(1)In
				generalSubject to paragraph (2), a health insurance issuer that
				provides individual health insurance coverage may not impose a preexisting
				condition exclusion (as defined in subsection (b)(1)(A) of section 2701) with
				respect to such coverage except to the extent that such exclusion could be
				imposed consistent with such section if such coverage were group health
				insurance coverage.
								(2)LimitationIn
				the case of an individual who—
									(A)is enrolled in
				individual health insurance coverage;
									(B)during the period
				of such enrollment has a condition for which no medical advice, diagnosis,
				care, or treatment had been recommended or received as of the enrollment date;
				and
									(C)seeks to enroll
				under other individual health insurance coverage which provides benefits
				different from those provided under the coverage referred to in subparagraph
				(A) with respect to such condition,
									the issuer
				of the individual health insurance coverage described in subparagraph (C) may
				impose a preexisting condition exclusion with respect to such condition and any
				benefits in addition to those provided under the coverage referred to in
				subparagraph (A), but such exclusion may not extend for a period of more than 3
				months..
					(2)Elimination of
			 COBRA requirementSubsection (b) of such section is
			 amended—
					(A)by adding
			 and at the end of paragraph (2);
					(B)by striking the
			 semicolon at the end of paragraph (3) and inserting a period; and
					(C)by striking
			 paragraphs (4) and (5).
					(3)Conforming
			 amendmentSection 2744(a)(1) of such Act (42 U.S.C.
			 300gg–44(a)(1)) is amended by inserting (other than subsection
			 (h)) after section 2741 .
				(b)Effective
			 dateThe amendments made by this section shall apply with respect
			 to health insurance coverage offered, sold, issued, renewed, in effect, or
			 operated in the individual market after the end of the 12th calendar month
			 following the date of the enactment of this Act.


114 HR 770 IH: Impact Aid Fairness and Equity Act of 2015
U.S. House of Representatives
2015-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS 1st Session
H. R. 770
IN THE HOUSE OF REPRESENTATIVES

February 5, 2015
Mr. Mullin (for himself and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To reauthorize the Impact Aid Program under the Elementary and Secondary Education Act of 1965.

1.Short titleThis Act may be cited as the Impact Aid Fairness and Equity Act of 2015. 2.Amendments to the Impact Aid Improvement Act of 2012Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748) is amended—
(1)in paragraphs (1), by inserting paragraphs (2) and (3) of before subsection (b); and (2)in paragraph (4), by inserting paragraphs (2) and (3) of before subsection (b).
3.Amendments to section 8002 (payments relating to Federal acquisition of real property) of the ESEASection 8002(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended— (1)in paragraph (1), by amending subparagraph (C) to read as follows:

(C)had an assessed value (according to original records (including reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local official referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable) aggregating 10 percent or more of the assessed value of— (i)all real property in the local educational agency (similarly determined as of the time or times when such Federal property was so acquired); or
(ii)all real property in the local educational agency as assessed in the first year preceding or succeeding acquisition, whichever is greater, only if— (I)the assessment of all real property in the local educational agency is not made at the same time or times that such Federal property was so acquired and assessed; and
(II)State law requires an assessment be made of property so acquired; and; and (2)by amending paragraph (2) to read as follows:

(2)that such agency is not being substantially compensated for the loss in revenue resulting from such ownership by increases in revenue accruing to the agency from the conduct of Federal activities with respect to such Federal property, then such agency shall be eligible to receive the amount described in subsection (b).. 4.Amendments to section 8003 (payments for eligible federally connected children) of the ESEASection 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) is amended—
(1)in subsection (a)— (A)in paragraph (1), in the matter preceding subparagraph (A), by inserting after such agency, the following: including those children enrolled in a State that has a State open enrollment policy (but not including children enrolled in a distance learning program not residing within the defined boundaries of the agency),;
(2)subsection (b)(2)— (A)in subparagraph (B)—
(i)in the subparagraph heading, by striking continuing; (ii)by amending clause (i) to read as follows:

(i)In generalA heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I)is a local educational agency whose boundaries are the same as a Federal military installation or the boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government and the agency has no taxing authority;
(II)is a local educational agency— (aa)that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent;
(bb)that has a per-pupil expenditure that is less than— (AA)for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or
(BB)for an agency that has a total student enrollment of less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc)that is an agency that—
(AA)has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB)was eligible to receive a payment under this subsection for fiscal year 2008 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies;
(III)is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (IV)is a local educational agency that—
(aa)has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb)for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and
(cc)has a tax rate for general fund purposes which is not less than 1.25 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State.; (iii)by amending clause (ii) to read as follows:

(ii)Loss of Eligibility
(I)In generalSubject to subclause (II), a heavily impacted local education agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II)ExceptionFor a local educational agency that is eligible under subparagraph (A) but whose tax rate for general fund purposes falls below 95 percent of the average tax rate for general fund purposes of local educational agencies in the State for two consecutive years shall lose its eligibility and be subject to subclause (I).; and
(iv)by adding at the end, the following:  (iv)Special ruleNotwithstanding clause (i)(II), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) if the agency—
(I)has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; and (II)was eligible to receive assistance under subsection (b)(2) for fiscal year 2001.;
(B)by amending subparagraph (C) to read as follows:  (C)Maximum amount for heavily impacted local educational agencies (i)In generalThe maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of—
(I)four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II)four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made.
(ii)Special rule
(I)
(aa)For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraphs (D) or (E) (or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraphs (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraphs (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb)For any local educational agency that received a payment under this clause for fiscal year 2006, the local educational agency shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment.
(II)For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III)For a local educational agency that does not qualify under subparagraph (B)(i)(I) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25.;
(C)by amending subparagraph (D) to read as follows:  (D)Maximum amount for large heavily impacted local educational agencies (i) (I)Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C).
(II)A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraph (A) and (B) of subsection (a)(1). (ii)For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraph (A) and (B) of subsection (a)(1) shall be 1.35.;
(D)by striking subparagraph (E); (E)by redesignating subparagraph (F) as subparagraph (E);
(F)in subparagraph (E) (as so redesignated by subparagraph (G))— (i)by striking clause (ii);
(ii)by striking ; and at the end of clause (i) and inserting a period; and (iii)by striking the Secretary and all that follows through shall use and inserting the Secretary shall use;
(G)by redesignating subparagraph (G) as subparagraph (F); (H)in subparagraph (F) (as so redesignated by subparagraph (I)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) and inserting (B)(i)(II)(bb);
(I)by redesignating subparagraph (H) as subparagraph (G); and (J)in subparagraph (G) (as so redesignated by subparagraph (K))—
(i)in clause (i)— (I)by striking (B), (C), (D), or (E), and inserting (B), (C), or (D),;
(II)by striking by reason of and inserting due to; (III)by inserting after clause (iii), the following: or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation,; and
(IV)by inserting before the period at the end the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation is ongoing; and (ii)in clause (ii) by striking (D) or (E) in both places such term appears and inserting (C) or (D);
(3)in subsection (b)(3)(B)— (A)by redesignating clause (iv) as (v); and
(B)by inserting after clause (iii) the following:  (iv)For any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency, the Secretary shall disregard such children from such agency’s total enrollment when calculating the percentage under subclause (I) of clause (i) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under subclause (II) of clause (i).;
(4)in subsection (b)(3)(C) by striking or (E) of paragraph (2), as the case may be and inserting of paragraph (2); (5)in subsection (b)(3), by amending subparagraph (D) to read as follows:

(D)Ratable distributionFor any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (i)a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate amount of the excess sums, by
(ii)the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency.; (6)in subsection (c) by amending paragraph (2) to read as follows:

(2)ExceptionCalculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency is newly established by a State (first year of operation only).; (7)in subsection (e) by striking paragraphs (1) and (2) and inserting the following:

(1)In generalSubject to paragraph (2), the total amount the Secretary shall pay a local educational agency— (A)for fiscal year 2015 shall not be less than 90 percent of the total amount that the local education agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011;
(B)for fiscal year 2016 shall not be less than 80 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011; and (C)for fiscal year 2017 shall not be less than 70 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011, of which such amount shall be considered a foundation payment for each succeeding fiscal year until such time as the agency’s maximum payment as determined under paragraphs (1) or (2) of subsection (b) as the case may be, exceeds the amount provided for under this subparagraph.
(2)Ratable reduction
(A)In generalIf the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all agencies for such year. (B)Additional fundsIf additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.; and
(8)by striking subsection (g). 5.Amendments to section 8007 (construction) of the ESEASection 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended to read as follows:

8007.Construction
(a)School facility emergency and modernization grants authorized
(1)In generalFrom 100 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary— (A)shall award emergency grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities; and
(B)shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities. (2)PriorityIn approving applications from local educational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following:
(A)The Secretary shall first give priority to applications for emergency grants from local educational agencies that meet the requirements of paragraph (3)(A) and, among such applications for emergency grants, shall give priority to those applications from local educational agencies based on the severity of the emergency, as determined by the Secretary. (B)The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and, among such applications for modernization grants, shall give priority to those applications from local educational agencies based on the severity of the need for modernization, as determined by the Secretary.
(3)Eligibility requirements
(A)Emergency grantsA local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if— (i)the agency (or in the case of a local educational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent)—
(I)has no practical capacity to issue bonds; or (II)has minimal capacity to issue bonds and is at not less than 75 percent of the agency’s limit of bonded indebtedness; or
(ii)the agency is eligible to receive assistance under subsection (a) for the fiscal year and has a school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to the school facility. (B)Modernization grantsA local educational agency is eligible to receive a modernization grant under paragraph (2)(B) if—
(i)the agency receives a basic support payment under section 8003(b) for the fiscal year; or (ii)the agency receives a Federal properties payment under section 8002 for the fiscal year.
(C)Rule of constructionFor purposes of subparagraph (A)(i), a local educational agency— (i)has no practical capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is less than $25,000,000; and
(ii)has minimal capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is at least $25,000,000 but not more than $50,000,000. (4)Award criteriaIn awarding emergency grants and modernization grants under this subsection, the Secretary shall consider the following factors:
(A)The ability of the local educational agency to respond to the emergency, or to pay for the modernization project, as the case may be, as measured by— (i)the agency’s level of bonded indebtedness;
(ii)the assessed value of real property per student that may be taxed for school purposes compared to the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the agency is located; (iii)the agency’s total tax rate for school purposes (or for capital expenditures, if applicable) compared to the average total tax rate for school purposes (or the average capital expenditure tax rate, if applicable) in the State in which the agency is located; and
(iv)funds that are available to the agency, from any other source, including subsection (a), that may be used for capital expenditures. (B)The percentage of property in the agency that is nontaxable due to the presence of the Federal Government.
(C)The number and percentages of children described in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) served in the school facility with the emergency or served in the school facility proposed for modernization, as the case may be. (D)In the case of an emergency grant, the severity of the emergency, as measured by the threat that the condition of the school facility poses to the health, safety, and well-being of students.
(E)In the case of a modernization grant— (i)the severity of the need for modernization, as measured by such factors as—
(I)overcrowding, as evidenced by the use of portable classrooms, or the potential for future overcrowding because of increased enrollment; or (II)the agency’s inability to utilize technology or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and
(ii)the age of the school facility proposed for modernization. (5)Other award provisions (A)General provisions (i)Limitations on amount of funds (I)In generalThe amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local educational agency that meets the requirements of subclause (II) of paragraph (3)(A)(i) for purposes of eligibility under subparagraph (A) or (B) of paragraph (3)—
(aa)shall not exceed 50 percent of the total cost of the project to be assisted under this subsection; and (bb)shall not exceed $4,000,000 during any 4-year period.
(II)In-kind contributionsA local educational agency may use in-kind contributions to meet the matching requirement of subclause (I)(aa). (ii)Prohibitions on use of fundsA local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for—
(I)a project for a school facility for which the agency does not have full title or other interest; (II)stadiums or other school facilities that are primarily used for athletic contests, exhibitions, or other events for which admission is charged to the general public; or
(III)the acquisition of real property. (iii)Supplement, not supplantA local educational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would, in the absence of the Federal funds provided under the grant, be made available from non-Federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to supplant such funds.
(iv)Maintenance costsNothing in this subsection shall be construed to authorize the payment of maintenance costs in connection with any school facility modernized in whole or in part with Federal funds provided under this subsection. (v)Environmental safeguardsAll projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations.
(vi)Carry-over of certain applicationsA local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4). (B)Emergency grants; prohibition on use of fundsA local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency.
(6)ApplicationA local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain the following: (A)A description of how the local educational agency meets the award criteria under paragraph (4), including the information described in clauses (i) through (iv) of paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4).
(B)In the case of an application for an emergency grant— (i)a description of the school facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how the deficiency will be repaired; and
(ii)a signed statement from an appropriate local official certifying that a deficiency in the school facility threatens the health or safety of the occupants of the facility or that prevents the use of all or a portion of the building. (C)In the case of an application for a modernization grant—
(i)an explanation of the need for the school facility modernization project; (ii)the date on which original construction of the facility to be modernized was completed;
(iii)a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) in average daily attendance in each school facility; and (iv)a description of the ownership of the property on which the current school facility is located or on which the planned school facility will be located.
(D)A description of the project for which a grant under this subsection will be used, including a cost estimate for the project. (E)A description of the interest in, or authority over, the school facility involved, such as an ownership interest or a lease arrangement.
(F)Such other information and assurances as the Secretary may reasonably require. (7)Report (A)In generalNot later than January 1 of each year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a justification for each grant awarded under this subsection for the prior fiscal year.
(B)DefinitionIn this paragraph, the term appropriate congressional committees means— (i)the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives; and
(ii)the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate..


114 HRES 668 IH: Expressing the sense of the House of Representatives that philanthropy is an integral partner to government with a unique and proven ability to foster innovation, strengthen civil society, and build thriving communities.
U.S. House of Representatives
2016-03-23
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.

		IV
		114th CONGRESS
		2d Session
		H. RES. 668
		IN THE HOUSE OF REPRESENTATIVES

			March 23, 2016
			Mr. Tiberi (for himself and Mr. Lewis) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Expressing the sense of the House of Representatives that philanthropy is an integral partner to
			 government with a unique and proven ability to foster innovation,
			 strengthen civil society, and build thriving communities.

 Whereas philanthropy embodies a longstanding United States value of charitable giving and empowers donors from all walks of life to use a variety of giving tools to serve their communities both today and tomorrow;
 Whereas charitable giving is driven by United States generosity but also reliant upon the enabling environment fostered by incentives in the tax code;
 Whereas foundations spur innovation and drive progress in our communities in education, healthcare, the arts, economic and rural development, and countless other social issues;
 Whereas foundations, while not a replacement for government services, leverage private resources and provide vital risk capital and expertise to respond to immediate needs like natural disasters, and build resources over time to address long-term issues like education and job creation;
 Whereas philanthropy enriches the Nation’s civil society through a deep connection to the needs of communities, and as such, is an essential partner in policymaking; and
 Whereas the Nation benefits from collaboration between government and the philanthropic sector, and together, we can work to solve pressing social problems, better serve our common constituents, and produce thriving United States communities: Now, therefore, be it

 That it is the sense of the House of Representatives that philanthropy is a dynamic force for innovation, strategic thinking, and leadership that advances the common good.


109 HR 4526 IH: Government Waste Reduction Act of 2005
U.S. House of Representatives
2005-12-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4526
IN THE HOUSE OF REPRESENTATIVES

December 14, 2005
Mr. Barrett of South Carolina (for himself, Mr. Franks of Arizona, and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Rules, 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 Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2011, to extend paygo for direct spending, and for other purposes.

1.Short titleThis Act may be cited as the Government Waste Reduction Act of 2005.
2.Extension of discretionary spending limits
(a)Adjustments to discretionary spending limitsIn the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike through 2002.
(b)Discretionary spending limitSection 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1)Strike paragraphs (1) through (16) and insert the following new paragraphs:

(1)with respect to fiscal year 2007, for the discretionary category: $826,790,000,000 in total new budget authority;
(2)with respect to fiscal year 2008, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2006;
(3)with respect to fiscal year 2009, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2007;
(4)with respect to fiscal year 2010, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2008; and
(5)with respect to fiscal year 2011, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2009;.
(c)Adjustments to discretionary spending limits
(1)Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph:

(C)Accrual accountingIf a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs..
(2)Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence.
(d)Definition of consumer price indexSection 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph:

(11) The term Consumer Price Index refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics..
3.Extension of pay-as-you-goSection 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

252.Enforcing pay-as-you-go
(a)PurposeThe purpose of this section is to assure that any legislation enacted before October 1, 2011, affecting direct spending that increases the deficit will trigger an offsetting sequestration.
(b)Sequestration
(1)TimingNot later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2011, as calculated under paragraph (2).
(2)Calculation of deficit increaseOMB shall calculate the amount of deficit increase or decrease by adding—
(A)all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d);
(B)the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year’s sequestration under this section or, if any, as published in OMB’s final sequestration report for that prior year; and
(C)any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year.
(D)for fiscal year 2006, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $44,559,000,000.
(c)Eliminating a deficit increase
(1)The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order:
(A)FirstAll reductions in automatic spending increases specified in section 256(a) shall be made.
(B)SecondIf additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made.
(C)Third
(i)If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1).
(ii)For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration.
(2)For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2007 and for fiscal years 2008 through 2011 at the baseline after adjusting for any sequester in fiscal year 2006.
(d)Estimates
(1)CBO estimatesAs soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation.
(2)OMB estimatesNot later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing—
(A)the CBO estimate of that legislation;
(B)an OMB estimate of that legislation using current economic and technical assumptions; and
(C)an explanation of any difference between the 2 estimates.
(3)Significant differencesIf during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report.
(4)Scope of estimatesThe estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from—
(A)full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and
(B)emergency provisions as designated under subsection (e).
(5)Scorekeeping guidelinesOMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall—
(A)determine common scorekeeping guidelines; and
(B)in conformance with such guidelines, prepare estimates under this section.
(e)Emergency legislationIf a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section..
4.Conforming amendments
(a)Expiration
(1)Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2011.
(2)Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2011.
(b)ExpirationSection 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2011.
5.Emergency spending legislation and the baseline
(a)In generalSection 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting , except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e) before the period.
(b)Direct spending and receiptsSection 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph:

(E)Emergency legislation covered by section 252(e) shall not be extended in the baseline..
(c)Discretionary appropriationsSection 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph:

(7)Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline..
6.Omb emergency criteria
(a)Definition of emergencySection 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d) is further amended by adding at the end the following new paragraph:

(12)
(A)The term emergency means a situation that—
(i)requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and
(ii)is unanticipated.
(B)As used in subparagraph (A), the term unanticipated means that the underlying situation is—
(i)sudden, which means quickly coming into being or not building up over time;
(ii)urgent, which means a pressing and compelling need requiring immediate action;
(iii)unforeseen, which means not predicted or anticipated as an emerging need; and
(iv)temporary, which means not of a permanent duration..
(b)Conforming amendmentSection 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph:

(20)The term emergency has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974..
7.Rule respecting designation of legislative provision as an emergency
(a)In generalTitle III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:

316.Rule respecting designation of legislative provision as an emergency
(a)GuidanceIn making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974.
(b)In generalIt shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974.
(c)Waiver and appeal in the senateThis section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
(d)Enforcement in the House of RepresentativesIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b).
(e)Disposition of points of order in the houseAs disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
(f)Effect on amendment in order as original text in the houseThe disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text..
(b)Conforming amendmentThe table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item:

Sec. 316. Rule respecting designation of legislative provision as an emergency.


		IV
		111th CONGRESS
		1st Session
		H. RES. 748
		IN THE HOUSE OF REPRESENTATIVES

			September 17, 2009
			Mr. Broun of Georgia
			 (for himself, Mr. Bartlett,
			 Mr. Bishop of Utah,
			 Mr. Scalise,
			 Mr. Smith of Texas,
			 Mrs. Bachmann,
			 Mr. Marchant,
			 Mr. Gingrey of Georgia,
			 Mr. Manzullo,
			 Mr. Shadegg,
			 Mr. Gohmert,
			 Mr. Culberson,
			 Mr. Herger,
			 Mr. Miller of Florida,
			 Mr. Kingston,
			 Mr. Westmoreland,
			 Mr. Deal of Georgia,
			 Mr. Hall of Texas,
			 Mr. King of Iowa,
			 Mr. Akin, Mr. Garrett of New Jersey,
			 Mr. Brown of South Carolina,
			 Mr. Franks of Arizona,
			 Mr. Pence,
			 Mr. Hensarling,
			 Mr. Forbes,
			 Mr. Boozman,
			 Mr. Harper,
			 Mr. Roe of Tennessee,
			 Mr. Linder,
			 Mr. Ryan of Wisconsin,
			 Mr. Heller,
			 Mr. Wilson of South Carolina,
			 Mr. Kline of Minnesota,
			 Mr. Conaway,
			 Mr. Burton of Indiana, and
			 Mr. Price of Georgia) submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Recognizing the importance of the property
		  rights granted by the United States Constitution; affirming the duty of each
		  Member of this body to support and defend such rights; and asserting that no
		  public body should unlawfully obtain the property of any citizen of the United
		  States for the benefit of another private citizen or
		  corporation.

		Whereas there is no greater expression of freedom and
			 liberty than the defense of the God-given right of an individual to hold,
			 possess, and use private property;
		Whereas John Locke, the great political philosopher lauded
			 by so many of the Founders of this Nation, stated, the preservation of
			 property [is the reason] for which men enter into society and that
			 no [government] hath a right to take their [property], or any part of
			 it, without their own consent, for this would be in effect to leave them no
			 property at all.;
		Whereas William Blackstone, whose lectures shaped and
			 helped inspire the Declaration of Independence, Constitution, and primal laws
			 of America, wrote: So great moreover is the regard of the law for
			 private property, that it will not authorize the least violation of it; no, not
			 even for the general good of the whole community.;
		Whereas Samuel Adams, the political writer, statesman, and
			 signer of the Declaration of Independence, declared that our rights included:
			 First, a right to life; Secondly, to liberty; Thirdly, to property;
			 together with the right to support and defend them.;
		Whereas John Adams, diplomat, signer of the Declaration of
			 Independence, and President of the United States, firmly proclaimed: The
			 moment the idea is admitted into society, that property is not as sacred as the
			 laws of God, and that there is not a force of law and public justice to protect
			 it, anarchy and tyranny commence. and that Property is surely a
			 right of mankind as real as liberty.;
		Whereas John Adams also affirmed: Property must be
			 secured or liberty cannot exist.;
		Whereas James Madison, author of the Constitution, and
			 President of the United States, announced: Government is instituted to
			 protect property. … This being the end of government, that alone is a just
			 government, which impartially secures to every man, whatever is his
			 own.;
		Whereas John Dickinson, signer of the Constitution,
			 stated: Let these truths be indelibly impressed on our minds: (1) that
			 we cannot be happy without being free; (2) that we cannot be free, without
			 being secure in our property; (3) that we cannot be secure in our property, if,
			 without our consent, others may, as by right, take it away.;
		Whereas Thomas Jefferson, the mind behind the Declaration
			 of Independence, and President of the United States, wrote: The true
			 foundation of republican government is the equal right of every citizen in his
			 person and property and in their management. and The first
			 foundations of the social compact would be broken up were we definitely to
			 refuse to its members the protection of their persons and property while in
			 their lawful pursuits.;
		Whereas Thomas Jefferson also affirmed: Charged
			 with the care of the general interest of the nation, and among these with the
			 preservation of their lands from intrusion, I exercised, on their behalf, a
			 right given by nature to all men, individual or associated, that of rescuing
			 their own property wrongfully taken.;
		Whereas Noah Webster, the Father of American
			 Scholarship and Education, stated: It is admitted that all men
			 have an equal right to the enjoyment of their life, property and personal
			 security; and it is the duty as it is the object, of government to protect
			 every man in this enjoyment.;
		Whereas John Jay opined: No power on earth has a
			 right to take our property from us without our consent.; and
		Whereas Fisher Ames, framer of the Bill of Rights and
			 Massachusetts Representative to the first four Congresses, said: The
			 chief duty and care of all governments is to protect the rights of
			 property.: Now, therefore, be it

		That—
			(1)these ideals did motivate and continue to
			 justify the drafting of article 1, section 8 of the United States Constitution,
			 which states that it is the responsibility of Congress to promote the
			 Progress of Science and useful Arts, by securing for limited Times to Authors
			 and Inventors the exclusive Right to their respective Writings and
			 Discoveries, and the writing of the 5th amendment to our Constitution,
			 which clearly states: No person shall be … deprived of life, liberty, or
			 property, without due process of law; nor shall private property be taken for
			 public use, without just compensation.;
			(2)since every Member of this body has sworn
			 or affirmed to both support and defend the entire Constitution and to
			 bear true faith and allegiance to the same, any act not in accordance
			 with that oath is both a betrayal of the United States Constitution and a
			 violation of Federal law; and
			(3)in the constant pursuit of a more perfect
			 union, all citizens of the United States should remain secure in the possession
			 of private property, and no court, legislature, or executive shall, by
			 predatory law or tyrannical force, obtain the property of any citizen of the
			 United States for the benefit of another private citizen or corporation.


117 HR 1940 IH: Performance-Based Public Buildings Act of 2021
U.S. House of Representatives
2021-03-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1940IN THE HOUSE OF REPRESENTATIVESMarch 16, 2021Mr. Pence (for himself, Mr. Webster of Florida, and Mr. Guest) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo establish a public buildings public-private partnership pilot program, and for other purposes.1.Short titleThis Act may be cited as the Performance-Based Public Buildings Act of 2021.2.Public buildings public-private partnership pilot program(a)In generalChapter 33 of title 40, United States Code, is amended by adding at the end the following:3319.Public buildings public-private partnership pilot program(a)EstablishmentThe Administrator shall carry out a pilot program to enter into public-private partnerships to acquire public buildings pursuant to the requirements of this section.(b)Identification of projectsNot later than 1 year after the date of enactment of this section, the Administrator shall identify not less than 5 and not more than 10 projects for acquiring space for the purposes of public buildings using public-private partnerships.(c)Submission of plan and prospectusesNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—(1)prospectuses, in accordance with section 3307 of title 40, United States Code, for each project identified under subsection (b); and(2)an execution and management plan detailing how each project will be managed, project team timelines for each project, and, notwithstanding subsection (d), recommendations on commencement dates based on ensuring proper staffing, resources, and management.(d)CommencementSubject to the availability of appropriations, a project submitted under subsection (c) that is authorized pursuant to section 3307 shall commence not later than 1 year after the date on which such authorization occurs, unless otherwise indicated in the respective committee resolution authorizing the project.(e)Experts and consultants(1)GSA personnelIn carrying out the pilot program the Administrator shall identify and use General Services Administration personnel with knowledge and experience in complex real estate transactions.(2)Contracted servicesThe Administrator shall, to the extent practicable and subject to appropriations Acts, use contracts, including nonappropriated contracts, for services necessary to carry out this section.(f)Compliance with budgetary rulesFor budgetary scorekeeping purposes, a project carried out under this section shall be treated in a manner consistent with the requirements for scoring a leaseback from a public-private partnership under Appendix B of Circular A–11 of the Office of Management and Budget, as of the date of enactment of this section. (g)GAO studyNot later than 1 year after the occupancy of projects authorized under this section, the Comptroller General of the United States shall conduct a review of such projects and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—(1)a review and evaluation of the public-private partnerships executed under this section and a comparison of such agreements to similar projects completed as Government construction, including a comparison of timetables and costs; and (2)any recommendations on the use of public-private partnerships as options for meeting Federal Government space needs.(h)DefinitionsIn this section, the following definitions apply:(1)AdministratorThe term Administrator means the Administrator of General Services.(2)Public buildingThe term public building has the meaning given the term in section 3301.(3)Performance-based management and operations agreementThe term performance-based management and operations agreement means an agreement that—(A)reflects an obligation by the non-Federal entity to design, build, finance, deliver, operate and maintain an asset;(B)requires the non-Federal entity to provide the General Services Administration a single point of responsibility and obligation;(C)stipulates all requirements of the General Services Administration and contains the terms and conditions for annual performance-based availability payments in accordance with the non-Federal entity meeting or exceeding those requirements;(D)stipulates the terms and conditions for reductions of any or all availability payments to the non-Federal entity for any given period the asset is unavailable to the Government or otherwise not delivered, operated, or maintained in accordance with the requirements included in the agreement; and(E)stipulates the terms and conditions for termination and includes no obligation on the part of the Government to renew any successive leases that may be included in such project.(4)Public-private partnershipThe term public-private partnership means a real property agreement for the purposes of providing office space for the Federal Government that meets the following criteria:(A)The agreement includes a ground-lease to a non-Federal party with a subsequent lease back of the improvements.(B)The entity that is the lessor of the leaseback of improvements is entirely non-Federal.(C)The leaseback meets the criteria for an operating lease under Appendix B of Circular A–11 of the Office of Management and Budget, as of the date of enactment of this section.(D)The project shall, to the extent practicable, be operated and maintained by the non-Federal entity subject to a performance-based management and operations agreement entered into between the entity and the Administrator..(b)Technical and conforming amendmentThe table of sections at the beginning of chapter 33 of title 40, United States Code, is amended by adding at the end the following:3319. Public buildings public-private partnership pilot program..


		I
		111th CONGRESS
		1st Session
		H. R. 1346
		IN THE HOUSE OF REPRESENTATIVES

			March 5, 2009
			Mr. Pallone (for
			 himself, Mr. Waxman,
			 Mrs. Capps,
			 Mr. Stupak,
			 Mr. Bishop of Georgia,
			 Mr. Grijalva,
			 Mr. Hinchey,
			 Mr. Doyle,
			 Mr. Higgins,
			 Mr. Olver,
			 Ms. Schakowsky,
			 Mr. Braley of Iowa,
			 Mr. Dingell,
			 Mr. Weiner,
			 Mr. Sarbanes,
			 Ms. Sutton,
			 Mr. Wexler,
			 Mr. Nadler of New York,
			 Mr. Baca, Mr. Hinojosa, Mr.
			 Gene Green of Texas, Mr.
			 Terry, Mr. Kucinich,
			 Mr. Markey of Massachusetts,
			 Ms. Zoe Lofgren of California,
			 Mr. Lipinski,
			 Mr. Wu, Ms. DeGette, Ms.
			 Hirono, Mr. Delahunt,
			 Mr. Scott of Virginia,
			 Ms. Wasserman Schultz,
			 Mr. Blumenauer,
			 Mr. Lincoln Diaz-Balart of Florida,
			 Mr. Brady of Pennsylvania,
			 Mr. Connolly of Virginia,
			 Mr. Meeks of New York,
			 Mr. Conyers,
			 Mr. Johnson of Illinois,
			 Mr. Rothman of New Jersey,
			 Ms. Castor of Florida,
			 Ms. Norton,
			 Mr. Lynch,
			 Mr. Berman,
			 Mr. Boswell,
			 Mr. Schiff,
			 Ms. DeLauro,
			 Mr. Loebsack,
			 Mr. Stark,
			 Mr. Filner,
			 Mr. Rush, Mrs. McCarthy of New York,
			 Mrs. Christensen,
			 Mr. McNerney,
			 Ms. Baldwin,
			 Mr. Butterfield,
			 Ms. Slaughter,
			 Ms. Matsui,
			 Ms. Eddie Bernice Johnson of Texas,
			 Ms. Jackson-Lee of Texas,
			 Mr. Hastings of Florida,
			 Mr. Al Green of Texas,
			 Mr. Welch,
			 Mr. Davis of Alabama,
			 Mr. Johnson of Georgia, and
			 Mr. Hodes) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act with
		  respect to liability under State and local requirements respecting
		  devices.

		1.Short titleThis Act may be cited as the
			 Medical Device Safety Act of
			 2009.
		2.Liability under state
			 and local requirements respecting devices
			(a)AmendmentSection
			 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended by
			 adding at the end the following:

					(c)No effect on
				liability under state lawNothing in this section shall be
				construed to modify or otherwise affect any action for damages or the liability
				of any person under the law of any
				State.
					.
			(b)Effective date;
			 applicabilityThe amendment made by subsection (a) shall—
				(1)take effect as if
			 included in the enactment of the Medical Device Amendments of 1976 (Public Law
			 94–295); and
				(2)apply to any civil
			 action pending or filed on or after the date of enactment of this Act.