115 HR 5549 IH: Helping Individuals Get a Higher Education while Reducing Education Debt Act
U.S. House of Representatives
2018-04-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5549IN THE HOUSE OF REPRESENTATIVESApril 18, 2018Mr. DeFazio introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, 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 concernedA BILLTo amend the Higher Education Act of 1965 to improve loans, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Helping Individuals Get a Higher Education while Reducing Education Debt Act or the HIGHER ED Act. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Reinstatement of authority to make Federal Direct Stafford Loans to graduate and
			 professional students; Discharging student loans in bankruptcy
					Sec. 101. Reinstatement of authority to make Federal Direct Stafford Loans to graduate and
			 professional students.
					Sec. 102. Discharge Student Loans in Bankruptcy.
					Title II—Refinancing programs
					Sec. 201. Program authority.
					Sec. 202. Refinancing Program.
					Sec. 203. Amendments to public service repayment plan provisions.
					Sec. 204. Income-based repayment.
					Title III—Loan forgiveness
					Sec. 301. Loan forgiveness for adjunct faculty.
					Title IV—Income-driven repayment plans
					Sec. 401. Income-based repayment plan.
					Sec. 402. Termination of certain repayment plan options.
					Sec. 403. Notification and automatic enrollment procedures.
					Sec. 404. Automatic recertification of income.
					Sec. 405. Study and procedures on determining family size.
					Sec. 406. Disclosure of tax return information to carry out certain higher education loan programs.

			IReinstatement of authority to make Federal Direct Stafford Loans to graduate and professional
			 students; Discharging student loans in bankruptcy
			101.Reinstatement of authority to make Federal Direct Stafford Loans to graduate and professional
			 students
 (a)AmendmentsSection 455(a)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)(3)) is amended— (1)in the paragraph heading, by inserting Temporary before Termination; and
 (2)in subparagraph (A), in the matter preceding clause (i), by inserting , and ending on or before June 30, 2018 after 2012. (b)Inapplicability of rulemaking requirementsSections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c); 1098a) shall not apply to the regulations under this section.
				102.Discharge Student Loans in Bankruptcy
 (a)Exception To dischargeSection 523(a) of title 11, United States Code, is amended— (1)by striking paragraph (8); and
 (2)by redesignating paragraphs (9) through (14B) as paragraphs (8) through (14A), respectively. (b)Conforming amendmentsTitle 11, United States Code, is amended—
 (1)in section 704(c)(1)(C)(iv)(I) by striking (14A) and inserting (14); (2)in section 1106(c)(1)(C)(iv)(I) by striking (14A) and inserting (14);
 (3)in section 1202(c)(1)(C)(iv)(I) by striking (14A) and inserting (14); and (4)in section 1328(a)(2) by striking (8), or (9) and inserting or (8).
					(c)Effective date; application of amendments
 (1)Effective dateExcept as provided in subsection (b), this section and the amendments made by this section shall take effect on the date of the enactment of this Act.
 (2)Application of amendmentsThe amendments made by this section shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.
					IIRefinancing programs
 201.Program authoritySection 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended— (1)by striking and (2) and inserting (2); and
 (2)by inserting ; and (3) to make loans under section 460A and section 460B after section 459A. 202.Refinancing ProgramPart D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following:

					460A.Refinancing FFEL and Federal Direct Loans
 (a)In generalBeginning not later than 180 days after the date of enactment of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, the Secretary shall establish a program under which the Secretary, upon the receipt of an application from a qualified borrower, makes a loan under this part, in accordance with the provisions of this section, in order to permit the borrower to obtain the interest rate provided under subsection (c).
						(b)Refinancing Direct Loans
 (1)Federal Direct LoansUpon application of a qualified borrower, the Secretary shall repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2016, with the proceeds of a refinanced Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan, respectively, issued to the borrower in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan.
 (2)Refinancing FFEL program loans as refinanced Federal Direct LoansUpon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2010, the Secretary shall make a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan to the borrower in accordance with the following:
 (A)The Secretary shall pay the proceeds of such loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan.
 (B)A loan made under this section that was originally— (i)a loan originally made, insured, or guaranteed under section 428 shall be a Federal Direct Stafford Loan;
 (ii)a loan originally made, insured, or guaranteed under section 428B shall be a Federal Direct PLUS Loan;
 (iii)a loan originally made, insured, or guaranteed under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and
 (iv)a loan originally made, insured, or guaranteed under section 428C shall be a Federal Direct Consolidation Loan.
 (C)The interest rate for each loan made by the Secretary under this paragraph shall be the rate provided under subsection (c).
								(c)Interest rates
 (1)In generalThe interest rate for the refinanced Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to—
 (A)in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017;
 (B)in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017;
 (C)in any case where the original loan was a loan under section 428B or a Federal Direct PLUS Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; and
 (D)in any case where the original loan was a loan under section 428C or a Federal Direct Consolidation Loan, a rate calculated in accordance with paragraph (2).
								(2)Interest Rates for Consolidation Loans
 (A)Method of calculationIn order to determine the interest rate for any refinanced Federal Direct Consolidation Loan under paragraph (1)(D), the Secretary shall—
 (i)determine each of the component loans that were originally consolidated in the loan under section 428C or the Federal Direct Consolidation Loan, and calculate the proportion of the unpaid principal balance of the loan under section 428C or the Federal Direct Consolidation Loan that each component loan represents;
 (ii)use the proportions determined in accordance with clause (i) and the interest rate applicable for each component loan, as determined under subparagraph (B), to calculate the weighted average of the interest rates on the loans consolidated into the loan under section 428C or the Federal Direct Consolidation Loan; and
 (iii)apply the weighted average calculated under clause (ii) as the interest rate for the refinanced Federal Direct Consolidation Loan.
 (B)Interest rates for component loansThe interest rates for the component loans of a loan made under section 428C or a Federal Direct Consolidation Loan shall be the following:
 (i)The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to an undergraduate student shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the original interest rate of the component loan. (ii)The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to a graduate or professional student shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the original interest rate of the component loan. (iii)The interest rate for any loan under section 428B or Federal Direct PLUS Loan shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the original interest rate of the component loan. (iv)The interest rate for any component loan that is a loan under section 428C or a Federal Direct Consolidation Loan shall be the weighted average of the interest rates that would apply under this subparagraph for each loan comprising the component consolidation loan.
 (v)The interest rate for any eligible loan that is a component of a loan made under section 428C or a Federal Direct Consolidation Loan and is not described in clauses (i) through (iv) shall be the interest rate on the original component loan.
 (3)Fixed RateThe applicable rate of interest determined under paragraph (1) for a refinanced loan under this section shall be fixed for the period of the loan.
							(d)Terms and conditions of loans
 (1)In generalA loan that is refinanced under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section.
 (2)No automatic extension of repayment periodRefinancing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3).
							(e)Definition of qualified borrower
 (1)In GeneralFor purposes of this section, the term qualified borrower means a borrower— (A)of a loan under this part or part B for which the first disbursement was made, or the application for a consolidation loan was received, before July 1, 2016; and
 (B)who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary.
 (2)Income requirementsNot later than 180 days after the date of enactment of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, the Secretary shall establish eligibility requirements based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need.
 (f)Notification to borrowersThe Secretary, in coordination with the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of loans that are eligible for refinancing under this section that the borrowers are eligible to apply for such refinancing. The campaign shall include the following activities:
 (1)Developing consumer information materials about the availability of Federal student loan refinancing.
 (2)Requiring servicers of loans under this part or part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection.
							460B.Federal Direct Refinanced Private Loan program
 (a)DefinitionsIn this section: (1)Eligible private education loanThe term eligible private education loan means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that—
 (A)was disbursed to the borrower before July 1, 2018; and (B)was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed.
 (2)Federal Direct Refinanced Private LoanThe term Federal Direct Refinanced Private Loan means a loan issued under subsection (b)(1). (3)Private educational lenderThe term private educational lender has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
 (4)Qualified borrowerThe term qualified borrower means an individual who— (A)has an eligible private education loan;
 (B)has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application;
 (C)is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and
 (D)meets the eligibility requirements described in subsection (b)(2). (b)Program authorized (1)In generalThe Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following:
 (A)The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan.
 (B)The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the lender with respect to the original loan.
 (C)The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is refinanced in accordance with this section, and before the proceeds of such loan are paid to the private educational lender.
 (D)The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Unsubsidized Stafford Loan, except as otherwise provided in this section.
 (2)Borrower eligibilityNot later than 180 days after the date of enactment of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish eligibility requirements—
 (A)based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need;
 (B)to ensure eligibility only for borrowers in good standing; (C)to minimize inequities between Federal Direct Refinanced Private Loans and other Federal student loans;
 (D)to preclude windfall profits for private educational lenders; and (E)to ensure full access to the program authorized in this subsection for borrowers with private loans who otherwise meet the criteria established in accordance with subparagraphs (A) and (B).
								(c)Interest rate
 (1)In generalThe interest rate for a Federal Direct Refinanced Private Loan is— (A)in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; and
 (B)in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017.
 (2)Combined undergraduate and graduate study loansIf a Federal Direct Refinanced Private Loan is for a private education loan originally issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017.
 (3)Fixed RateThe applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan.
 (d)No inclusion in aggregate limitsThe amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H.
 (e)No eligibility for service-Related repaymentNotwithstanding sections 428K(a)(2)(A), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan, or any Federal Direct Consolidation Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460 or for the repayment plan for public service employees under section 455(m).
						(f)Private educational lender reporting requirement
 (1)Reporting requiredNot later than 180 days after the date of enactment of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish a requirement that private educational lenders report the data described in paragraph (2) to the Secretary, to Congress, to the Secretary of the Treasury, and to the Director of the Bureau of Consumer Financial Protection, in order to allow for an assessment of the private education loan market.
 (2)Contents of reportingThe data that private educational lenders shall report in accordance with paragraph (1) shall include each of the following about private education loans (as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a))):
 (A)The total amount of private education loan debt the lender holds. (B)The total number of private education loan borrowers the lender serves.
 (C)The average interest rate on the outstanding private education loan debt held by the lender. (D)The proportion of private education loan borrowers who are in default on a loan held by the lender.
 (E)The proportion of the outstanding private education loan volume held by the lender that is in default.
 (F)The proportions of outstanding private education loan borrowers who are 30, 60, and 90 days delinquent.
 (G)The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent.
 (g)Notification to borrowersThe Secretary, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers about the availability of private student loan refinancing under this section..
 203.Amendments to public service repayment plan provisionsSection 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended— (1)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
 (2)by inserting after paragraph (2) the following:  (3)Special rules for section 460A loans (A)Refinanced Federal Direct loansNotwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan refinanced under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph.
 (B)Refinanced FFEL loansIn the case of an eligible Federal Direct Loan refinanced under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was refinanced may be included for purposes of paragraph (1).; and
 (3)in paragraph (4)(A) (as redesignated by paragraph (1))— (A)by inserting (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan refinanced under section 460A) before the period at the end;
 (B)by striking The term and inserting the following:  (i)In generalThe term; and
 (C)by adding at the end the following:  (ii)Treatment of certain consolidation loan paymentsIn a case in which a borrower makes a monthly payment under paragraph (1)(A) on a Federal Direct Consolidation Loan that was used to repay an eligible Federal Direct Loan described in clause (i) for which at least one monthly payment has been made under paragraph (1)(A) prior to the consolidation, the monthly payment on such Federal Direct Consolidation Loan shall be treated as a monthly payment on such eligible Federal Direct Loan..
 204.Income-based repaymentSection 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following:

					(f) Special rule for refinanced loans
 (1)Refinanced Federal Direct and FFEL loansIn calculating the period of time during which a borrower of a loan that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section.
 (2)Federal Direct Refinanced Private LoansIn calculating the period of time during which a borrower of a Federal Direct Refinanced Private Loan under section 460B has made monthly payments for purposes of subsection (b)(7), the Secretary shall include only payments—
 (A)that are made after the date of the issuance of the Federal Direct Refinanced Private Loan; and (B)that otherwise meet the requirements of this section..
			IIILoan forgiveness
 301.Loan forgiveness for adjunct facultySection 455(m)(3)(B)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)(3)(B)(ii)) is amended—
 (1)by striking teaching as and inserting the following:  teaching—(I)as; (2)by striking , foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. and inserting and foreign language faculty), as determined by the Secretary; or; and
 (3)by adding at the end the following:  (II)as a part-time faculty member or instructor who—
 (aa)teaches not less than 1 course at an institution of higher education (as defined in section 101(a)), a postsecondary vocational institution (as defined in section 102(c)), or a Tribal College or University (as defined in section 316(b)); and
 (bb)is not employed on a full-time basis by any other employer.. IVIncome-driven repayment plans 401.Income-based repayment planSection 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended—
 (1)in subsection (b)— (A)in paragraph (8), by striking and after the semicolon;
 (B)in paragraph (9), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (10)a borrower who is repaying a loan made under part B or D pursuant to this section may repay such loan in full at any time without penalty.; and
 (2)by adding at the end the following:  (f)Income-Based repayment for new loans on and after July 1, 2018, and for borrowers who enter IBR after July 1, 2018 (1)In GeneralThe income-based repayment plan shall be carried out in accordance with this section, except as otherwise specified in this subsection (including through the special terms described in paragraph (2))—
 (A)with respect to any loan issued on or after July 1, 2018, if such borrower elects the income-based repayment plan for that loan; and
 (B)with respect to any borrower who is repaying a loan made, insured, or guaranteed under part B or D, if such borrower elects to repay the loan under the income-based repayment plan on or after July 1, 2018.
 (2)Special termsNotwithstanding any other provision of this section, with respect to a loan described under paragraph (1), the following terms shall apply to the income-based repayment plan:
								(A)
 (i)Notwithstanding subsection (a)(3)(B), the repayment amount under this subsection shall be an amount equal to 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which—
 (I)the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (II)the applicable percentage of the poverty line in accordance with clause (ii) that is applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)).
 (ii)For purposes of clause (i), the term applicable percentage means 150 percent reduced by 1 percentage point for each $1,000 by which the borrower’s adjusted gross income exceeds $100,000.
 (B)A borrower may elect— (i)during any period during which the borrower’s (and the borrower’s spouse, if applicable) adjusted gross income is equal to or less than 225 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), to have the borrower’s aggregate monthly payment for all such loans equal to $0; and
 (ii)during any period during which the borrower’s (and the borrower’s spouse, applicable) adjusted gross income exceeds 225 percent of such poverty line, to have the borrower’s aggregate monthly payment for all such loans not exceed, the lesser of—
 (I)the result described in subparagraph (A) divided by 12; or (II)the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection.
 (C)With respect to any loan for which payments may be made under subparagraph (B), be paid, or be treated as if no interest has accrued, by the Secretary—
 (i)for any period described in subparagraph (B)(i); and (ii)for the 6-month period after the date the borrower ceases to carry at least one-half the normal full-time academic workload at an institution of higher education, as determined by the institution, and during which the borrower is not earning any income.
 (D)Subsection (b)(7)(B) shall be applied by substituting 20 years for 25 years. (E)A borrower of such a loan shall not be required to have a partial financial hardship and may elect, and remain enrolled in, the income-based repayment plan under this subsection regardless of income level.
 (F)Subparagraph (A) of subsection (b)(6) shall not apply and a borrower's monthly payment shall be determined in accordance with subparagraph (A) divided by 12, which may exceed the monthly repayment amount under a standard 10-year repayment plan.
 (G)Subparagraph (B) of subsection (b)(3) shall not apply. (3)Additional special terms for certain borrowersA borrower described in paragraph (1)(B)—
 (A)may choose to retain the repayment plan in which the borrower is enrolled on June 30, 2018; (B)may elect to—
 (i)leave the repayment plan described in subparagraph (A) and enter the income-based repayment plan under this subsection;
 (ii)leave the repayment plan described in subparagraph (A) and enter a standard 10-year repayment plan under section 455(d)(A)(A); or
 (iii)not more than once per calendar year, switch between the repayment plans described in clauses (i) and (ii);
 (C)after electing to leave a repayment plan other than an income-based repayment plan described under this subsection or a standard 10-year repayment plan under section 455(d)(A)(A), shall not be permitted to re-elect a repayment plan that is not an income-based repayment plan under this subsection or such standard 10-year repayment plan; and
 (D)shall retain, for purposes of repayment or cancellation of any outstanding balance of principal and interest due on a loan (as described in subsection (b)(7)) any years of repayment under another income-based or income-contingent repayment plan under this title.
 (4)Cap on interest accrualNotwithstanding any other provision of this Act, the total amount of interest that accrues during a borrower's grace period and the time that a borrower is in repayment under this subsection shall not exceed 50 percent of the original principal amount of the loan..
				402.Termination of certain repayment plan options
				(a)Effective date; Rulemaking regarding termination of certain repayment plans
 (1)Effective dateThe amendments made by this section shall take effect on July 1, 2018. (2)RegulationsBefore the effective date described in paragraph (1), the Secretary of Education shall carry out a plan to end all eligibility for repayment plans other than a standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A) with a repayment period of 10 years and an income-based repayment plan described under section 493C(f) for loans made under part B or D of title IV of the Higher Education Act of 1965, unless the borrower is enrolled in another repayment plan before such effective date, in accordance with the amendments made by this Act.
					(b)Changes to current law
 (1)Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)) is amended— (A)in paragraph (1)—
 (i)in subparagraph (D)— (I)in clause (ii), by striking may annually change the selection of a repayment plan under this part, and inserting may at any time after July 1, 2018, and not more frequently than once per calendar year thereafter, change the selection of a repayment plan under this part to one of the 2 repayment plans described in paragraph (9)(C),; and
 (II)in clause (iii), by striking be subject to income-contingent repayment in accordance with subsection (m); and inserting be subject to income-based repayment in accordance with section 493C(f);; and (ii)in subparagraph (E)(i), by striking the option of repaying the loan in accordance with a standard, graduated, income-sensitive, or extended repayment schedule (as described in paragraph (9)) established by the lender in accordance with regulations of the Secretary; and and inserting the option of repaying the loan in accordance with a repayment plan described in paragraph (9)(C) established by the lender in accordance with regulations of the Secretary; and; and
 (B)in paragraph (9), by adding at the end the following:  (C)Selection of repayment plans on and after July 1, 2018 (i)Opportunity to change repayment plansNotwithstanding any other provision of this paragraph, or any other provision of law, and in accordance with regulations, beginning on July 1, 2018, the lender shall offer a borrower of a loan made, insured, or guaranteed under this part the opportunity to change repayment plans not more than once per calendar year, and to enroll in one of the following repayment plans:
 (I)A standard repayment plan under section 428(b)(9)(A)(i) with a repayment period of 10 years. (II)The income-based repayment plan under section 493C(f).; and
 (2)in section 455(d)— (A)by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
 (B)by inserting after paragraph (1), the following:  (2)Design and selection on and after July 1, 2018 (A)In GeneralNotwithstanding paragraph (1), for the borrower of a loan made on or after July 1, 2018, and for other borrowers subject to paragraph (7), the Secretary shall offer a borrower of a loan made under this part 2 plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. The borrower may choose—
 (i)a standard repayment plan under section 455(d)(1)(A) with a repayment period of 10 years; or (ii)the income-based repayment plan under section 493C(f).
 (B)Selection by the SecretaryIf a borrower of a loan made under this part on or after July 1, 2018, does not select a repayment plan described in subparagraph (A), the Secretary may provide the borrower with a standard repayment plan under section 455(d)(1)(A) with a repayment period of 10 years.
 (C)Changes in selectionsBeginning on July 1, 2018, a borrower of a loan made under this part may change the borrower's selection of a repayment plan in accordance with paragraph (7) and under such terms and conditions as may be established by the Secretary.
 (D)Borrower in defaultBeginning on July 1, 2018, the Secretary may require any borrower who has defaulted on a loan made under this part to—
 (i)pay all reasonable collection costs associated with such loan; and (ii)repay the loan pursuant to an income-based repayment plan under section 493C(f).; and
 (3)by adding at the end the following:  (7)Borrowers of loans made before July 1, 2018A borrower who is in repayment on a loan made under part B or part D before July 1, 2018—
 (A)may choose to retain the repayment plan that the borrower was enrolled in on the day before such date;
 (B)may elect to— (i)enter the income-based repayment plan under section 493C(f);
 (ii)enter a standard repayment plan under section 455(d)(1)(A) with a repayment period of 10 years; or (iii)switch between the repayment plans described in clauses (i) and (ii) not more than once during a calendar year;
 (C)after electing to leave a repayment plan other than an income-based repayment plan described under this subsection or a standard repayment plan under section 455(d)(1)(A), shall not be permitted to re-elect a repayment plan that is not an income-based repayment plan under this subsection or a standard repayment plan under section 455(d)(1)(A); and
 (D)shall retain, for purposes of repayment or cancellation of any outstanding balance of principal and interest due on a loan (as described in section 493C(b)(7)) any years of repayment under another income-based or income-contingent repayment plan under this title..
					403.Notification and automatic enrollment procedures
 (a)Income-Contingent repaymentSection 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is further amended by adding at the end the following:

						(8)Notification and automatic enrollment procedures for borrowers who are delinquent on loans
							(A)Authority to obtain income information
 (i)In generalIn the case of any borrower who is at least 60 days delinquent on a covered loan, the Secretary may obtain such information as is reasonably necessary regarding the income and family size of the borrower (and the borrower's spouse, if applicable).
 (ii)Availability of returns and return informationReturns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under this subparagraph only to the extent authorized by section 6103(l)(13) of such Code.
 (B)Borrower notificationWith respect to each borrower of a covered loan who is at least 60 days delinquent on such loan and who has not been subject to the procedures under this paragraph for such loan in the preceding 120 days, the Secretary shall, as soon as practicable after such 60-day delinquency, provide to the borrower the following:
 (i)Notification that the borrower is at least 60 days delinquent on at least 1 covered loan, and a description of all delinquent covered loans, nondelinquent covered loans, and noncovered loans of the borrower.
 (ii)A brief description of the repayment plans for which the borrower is eligible and the covered loans and noncovered loans of the borrower that may be eligible for such plans, based on information available to the Secretary.
 (iii)Clear and simple instructions on how to select the repayment plans. (iv)The amount of monthly payments for the covered and noncovered loans under the repayment plans for which the borrower is eligible, based on information available to the Secretary, including, if the income information of the borrower is available to the Secretary under subparagraph (A)—
 (I)the amount of the monthly payment under each income-driven repayment plan for which the borrower is eligible for the borrower's covered and noncovered loans, based on such income information; and
 (II)the income, family size, tax filing status, and tax year information on which each monthly payment is based.
 (v)An explanation that in the case of a borrower for whom adjusted gross income is unavailable— (I)if the borrower selects to repay the covered loans of such borrower pursuant to an income-driven repayment plan that defines discretionary income in such a manner that an individual not required under section 6012(a)(1) of the Internal Revenue Code of 1986 to file a return with respect to income taxes imposed by subtitle A of such Code may have a calculated monthly payment greater than $0, the borrower will be required to provide the Secretary with other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine an appropriate repayment schedule; and
 (II)if the borrower selects to repay such loans pursuant to an income-driven repayment plan that is not described in subclause (I), the borrower will not be required to provide the Secretary with such other documentation of income, and the borrower will have a calculated monthly payment of $0.
 (vi)An explanation that the Secretary shall take the actions under subparagraph (C) with respect to such borrower, if—
 (I)the borrower is 120 days delinquent on one or more covered loans and has not selected a new repayment plan for the covered loans of the borrower; and
 (II)in the case of such a borrower whose repayment plan for the covered loans of the borrower is not an income-driven repayment plan, the monthly payments under such repayment plan are higher than such monthly payments would be under an income-driven repayment plan for such loans.
 (vii)Instructions on updating the information of the borrower obtained under subparagraph (A). (C)Secretary's initial selection of planWith respect to each borrower described in subparagraph (B) who has a repayment plan for the covered loans of the borrower that meets the requirements of clause (vi)(II) of subparagraph (B) and has not selected a new repayment plan for such loans in accordance with the notice received under such subparagraph, and who is at least 120 days delinquent on such a loan, the Secretary shall, as soon as practicable—
 (i)in a case in which any of the borrower's covered loans are eligible for an income-driven repayment plan—
									(I)
 (aa)provide the borrower with the income-driven repayment plan that requires the lowest monthly payment amount for each covered loan of the borrower, compared to any other such plan for which the borrower is eligible; or
 (bb)if more than one income-driven repayment plan would offer the borrower the same lowest monthly payment amount, provide the borrower with the income-driven repayment plan that has the most favorable terms for the borrower;
 (II)if the plan selected under subclause (I) is not the income-driven repayment plan that would have the lowest monthly payment amount if the borrower were eligible for such plan for the borrower’s covered loans and noncovered loans, notify the borrower of the actions, if any, the borrower may take to become eligible for such income-driven repayment plan; and
 (III)authorize the borrower to change the Secretary’s selection of a plan under this clause to any plan described in paragraph (1) for which the borrower is eligible; and
 (ii)in a case in which none of the borrower’s covered loans are eligible for an income-driven repayment plan, notify the borrower of the actions, if any, the borrower may take for such loans to become eligible for such a plan.
								(D)Secretary's additional selection of plan
 (i)In generalWith respect to each borrower of a covered loan who selects a new repayment plan in accordance with the notice received under subparagraph (B) and who continues to be delinquent on such loan for a period described in clause (ii), the Secretary shall, as soon as practicable after such period, carry out the procedures described in clauses (i) and (ii) of subparagraph (C) for the covered loans of the borrower, if such procedures would result in lower monthly repayment amounts on such loan.
 (ii)Description of periodThe duration of the period described in clause (i) shall be the amount of time that the Secretary determines is sufficient to indicate that the borrower may benefit from repaying such loan under a new repayment plan, but in no case shall such period be less than 60 days.
 (E)Opt-outA borrower of a covered loan shall have the right to opt-out of the procedures under this paragraph.
 (9)DefinitionsIn this subsection: (A)Covered loanThe term covered loan means—
 (i)a loan made under this part; (ii)a loan purchased under section 459A; or
 (iii)a loan that has been assigned to the Secretary under section 428(c)(8) or part E. (B)Income-driven repayment planThe term income-driven repayment plan means—
 (i)in the case of a covered loan made under this part, purchased under section 459A, or assigned to the Secretary before July 1, 2018, a plan described in subparagraph (D) or (E) of paragraph (1); and
 (ii)in the case of a covered loan made under this part, purchased under section 459A, or assigned to the Secretary before July 1, 2018, the income-based repayment plan under section 493C(f).
 (C)Noncovered loanThe term noncovered loan means a loan made, insured, or guaranteed under this title that is not a covered loan.. (b)Changing plansSection 493C(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1098e(b)(8)) is amended to read as follows:

 (8)a borrower who is repaying a loan made, insured, or guaranteed under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under any repayment plan for which the loan is eligible in accordance with the requirements of part B or part D, respectively; and.
				(c)Effective date; Application
 (1)Automatic enrollmentThe amendments made by subsection (a) shall— (A)take effect as soon as the Secretary of Education determines practicable after the Secretary finalizes the procedures under section 405, but not later than 2 years after the date of enactment of this Act; and
 (B)apply to all borrowers of covered loans (as defined in section 455(d)(9) of the Higher Education Act of 1965, as added by subsection (a)).
 (2)Changing plansThe amendment made by subsection (b) shall take effect on the date of enactment of this Act. 404.Automatic recertification of income (a)Income-Contingent repaymentSection 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) is amended—
 (1)in paragraph (3)— (A)by striking does not reasonably reflect the borrower's current income and inserting whose income has decreased relative to the adjusted gross income available to the Secretary; and
 (B)by inserting , consistent with the procedures established under paragraph (8)(B)(iv) before the period at the end; and (2)by adding at the end the following:

							(8)Automatic recertification
 (A)DefinitionIn this paragraph, the term covered loan has the meaning given the term in subsection (d)(9). (B)In generalBeginning as soon as the Secretary determines practicable after the Secretary finalizes the procedures under section 405 of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, but not later than 2 years after the date of enactment of such Act, the Secretary shall establish and implement, with respect to any borrower described in subparagraph (C), procedures to—
 (i)obtain (for each year of repayment and without further action by the borrower) such information as is reasonably necessary regarding the income of such borrower (and the borrower’s spouse, if applicable), for the purpose of determining the repayment obligation of the borrower for such year, including information with respect to the borrower’s family size in accordance with the procedures under section 405 of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, subject to clause (ii);
 (ii)allow the borrower, at any time, to opt-out of clause (i) and prevent the Secretary from obtaining information under such clause without further action by the borrower;
 (iii)provide the borrower with an opportunity to update the information obtained under clause (i) before the determination of the annual repayment obligation of the borrower; and
 (iv)in the case of a borrower for whom adjusted gross income is unavailable— (I)if the borrower has selected to repay the covered loans of such borrower pursuant to an income-contingent repayment plan that defines discretionary income in such a manner that an individual not required under section 6012(a)(1) of the Internal Revenue Code of 1986 to file a return with respect to income taxes imposed by subtitle A of such Code may have a calculated monthly payment greater than $0, the borrower will be required to provide the Secretary with other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine an appropriate repayment schedule; or
 (II)if the borrower has selected to repay such loans pursuant to an income-contingent repayment that is not described in subclause (I), the borrower will not be required to provide the Secretary with such other documentation of income, and the borrower will have a calculated monthly payment of $0.
 (C)ApplicabilitySubparagraph (B) shall apply to each borrower of a covered loan who, on or after the date on which the Secretary establishes procedures under such subparagraph—
 (i)selects, or for whom the Secretary selects under subparagraph (C) or (D) of paragraph (8) of subsection (d), or section 428(m)(1), an income-contingent repayment plan; or
 (ii)recertifies income and family size under such plan. (D)Availability of returns and return informationReturns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under subparagraph (B)(i) only to the extent authorized by section 6103(l)(13) of such Code.
 (E)Other requirementsThe procedures established by the Secretary under this paragraph shall be consistent with the requirements of paragraphs (1) through (7), except as otherwise provided in this paragraph..
 (b)Income-Based repaymentSection 493C(c) of the Higher Education Act of 1965 (20 U.S.C. 1098e(c)) is amended— (1)by striking The Secretary shall establish and inserting the following:

 (1)In generalThe Secretary shall establish; (2)by striking The Secretary shall consider and inserting the following:

 (2)Procedures for eligibilityThe Secretary shall— (A)consider; and
 (3)by striking 428C(b)(1)(E). and inserting the following:  428C(b)(1)(E); and(B)beginning as soon as the Secretary determines practicable after the Secretary finalizes the procedures under section 405 of the Helping Individuals Get a Higher Education while Reducing Education Debt Act, but not later than 2 years after the date of enactment of such Act, carry out, with respect to borrowers of any covered loan (as defined in section 455(d)(9)), procedures for income-based repayment plans that are equivalent to the procedures carried out under section 455(e)(8) with respect to income-contingent repayment plans..
					405.Study and procedures on determining family size
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Education shall— (1)jointly with the Secretary of the Treasury, conduct a study, which meets the specifications described in subsection (b), on the effect of using data from the Internal Revenue Service on the deduction for personal exemptions provided by section 151 of the Internal Revenue Code of 1986 for a proxy for family size in an income-driven repayment plan, and publish such study in the Federal Register;
 (2)use the results of the study conducted under paragraph (1) to develop procedures for determining family size for the automatic recertification of income for an income-driven repayment plan in a manner that minimizes burdens and unintended harm to borrowers;
 (3)publish the procedures developed under paragraph (2) in the Federal Register; and (4)after a notice and comment period on such procedures, use such comments to finalize the procedures.
 (b)SpecificationsThe study conducted under subsection (a)(1) shall— (1)determine how closely such personal exemptions match the family size that borrowers report on their income-driven repayment plan request form;
 (2)compare the borrower’s actual monthly payment amount with the monthly payment amount borrowers would have using family size information derived from tax returns; and
 (3)use data from more than one year, where possible, to analyze how much family size changes over time.
 (c)DefinitionThe term income-driven repayment plan has the meaning given the term in section 455(d)(9) of the Higher Education Act of 1965, as amended by this Act.
				406.Disclosure of tax return information to carry out certain higher education loan programs
 (a)In generalParagraph (13) of section 6103(l) of the Internal Revenue Code of 1986 is amended to read as follows:

						(13)Disclosure of returns and return information for purposes of student loan administration
 (A)In generalThe Secretary, subject to such requirements and conditions as the Secretary may prescribe, shall upon written request from the Secretary of Education disclose to officers and employees of the Department of Education returns and return information with respect to a taxpayer who has received an applicable student loan.
 (B)Restriction on use of disclosed informationReturn information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary for purposes of—
 (i)establishing the appropriate income-contingent repayment amount in connection with an applicable student loan,
 (ii)establishing the appropriate repayment amount under an applicable income-driven repayment plan (as defined in section 455(d)(9) of such Act (20 U.S.C. 1087e(d))) in connection with an applicable student loan for—
 (I)borrowers who have selected such a plan, and (II)in the case of any recertification under section 455(e)(8) or 493C(c)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e); 1098e(c)), borrowers who are enrolled in such a plan, and
 (iii)in the case of borrowers who are at least 60 days delinquent on an applicable student loan— (I)providing notice of eligibility for an income-driven repayment plan (as so defined) pursuant to section 455(d)(8)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)), and
 (II)automatic enrollment in such an income-driven repayment plan after such borrowers are at least 120 days delinquent on such a loan pursuant to section 455(d)(8)(C) of such Act (20 U.S.C. 1087e(d)).
 (C)Disclosure to certain contractorsOfficers and employees of the Department of Education may disclose the information described in subparagraph (A) to persons awarded contracts by the Secretary of Education under section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f) to the extent necessary for the purposes described in subparagraph (B).
 (D)Spousal information for married individuals filing separate returnsFor purposes of this paragraph, in the case of a married individual filing a separate return, the term taxpayer includes the spouse of that individual if the Secretary of Education requests information from the spouse of that individual and the individual and the spouse have consented in writing.
 (E)Applicable student loanFor purposes of this paragraph, the term applicable student loan means— (i)any loan which is made, insured, or guaranteed under a program authorized under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.), and
 (ii)any loan which is made under part E of such title IV (20 U.S.C. 1087aa et seq.) which is in default and has been assigned to the Department of Education..
				(b)Conforming amendments
 (1)Section 6103(a)(3) of such Code is amended by inserting (13), after (12),. (2)Section 6103(p)(4) of such Code is amended by inserting (13), after (l)(10), each place it occurs.
 (c)Effective dateThe amendments made by this section shall apply to disclosures made after the date of enactment of this Act.


116 HRES 1205 IH: Expressing support for the designation of October 28 as “Oxi Day” to commemorate the anniversary of Greek Prime Minister Ioannis Metaxas’ answer of “Oxi!” or “No!” to surrender to the Axis forces, inflicting a fatal wound that helped save democracy for the world.
U.S. House of Representatives
2020-10-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 1205IN THE HOUSE OF REPRESENTATIVESOctober 27, 2020Mr. Pappas (for himself, Mr. Woodall, Mr. Sarbanes, Ms. Titus, and Mr. Bilirakis) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONExpressing support for the designation of October 28 as Oxi Day to commemorate the anniversary of Greek Prime Minister Ioannis Metaxas’ answer of Oxi! or No! to surrender to the Axis forces, inflicting a fatal wound that helped save democracy for the world.Whereas the National Fascist Party, headed by Benito Mussolini, imposed totalitarian rule over Italy from 1922 to 1943;Whereas Fascist Italy, in alliance with Nazi Germany, formed the Axis forces and sought to promote fascist and racist policies throughout Europe in the World War II era;Whereas, on October 28, 1940, the Italian dictator Benito Mussolini delivered a 3 a.m. ultimatum to Greek Prime Minister Ioannis Metaxas, demanding he allow Axis forces to enter Greece or face war;Whereas Prime Minister Metaxas answered the Axis force’s request for surrender with one word: Oxi! or No!;Whereas Italian troops attacked the Greek border hours later, marking the beginning of Greece’s involvement in World War II;Whereas that same morning, thousands of Greek citizens took to the streets, chanting Oxi!, in honor of Prime Minister Metaxas’ refusal to relent to fascism;Whereas after the world watched the Axis forces overwhelm 15 countries in less than a year, Greece became the first to repel the Axis invasion, leading United States President Franklin Roosevelt to say, When the entire world had lost all hope, the Greek people dared to question the invincibility of the German monster, raising against it in the proud spirit of freedom;Whereas British Prime Minister Winston Churchill observed of the Greek people’s courageous actions, Hence we will not say that Greeks fight like heroes, but that heroes fight like Greeks;Whereas Nazi forces had to delay their invasion of Russia to intervene in the Greco-Italian War to ensure the ultimate surrender of Greece and the Greek people’s spirited resistance;Whereas this delay caused the Nazi regime to face a brutal Russian winter which hindered their advance and ultimately led to their eventual defeat;Whereas the Greek people’s bravery changed the trajectory of the war, leading Hitler’s Field Marshal and Chief of Staff Wilhelm Keitel to say, The Greeks delayed by two or more vital months the German attack against Russia; if we did not have this long delay, the outcome of the war would have been different;Whereas Prime Minister Churchill concluded that if there had not been the virtue and courage of the Greeks, we do not know which the outcome of World War II would have been;Whereas this was a consequential victory for freedom and democracy in the modern world and, at the time, an act that inspired and gave hope to the free world;Whereas, since 1942, Oxi Day has been celebrated in Greece and Cyprus on October 28, commemorating Greece’s refusal to submit to fascism; andWhereas October 28, 2020, would be an appropriate date to designate as Oxi Day: Now, therefore, be itThat the House of Representatives—(1)supports the designation of Oxi Day in commemoration of Greece’s refusal to submit to the Axis Powers during World War II, noting that this resistance likely led to the ultimate defeat of Nazi Germany; and(2)encourages the people of the United States to support and participate in appropriate ceremonies, programs, and other activities in observance of such a day of remembrance.


		II
		Calendar No. 281
		111th CONGRESS
		2d Session
		S. 555
		[Report No. 111–131]
		IN THE SENATE OF THE UNITED STATES

			March 10, 2009
			Mr. Udall of Colorado
			 (for himself and Mr. Bennet) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			March 2, 2010
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To provide for the exchange of certain land located in
		  the Arapaho-Roosevelt National Forests in the State of Colorado, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Sugar Loaf Fire Protection District
			 Land Exchange Act of 2009.
		2.FindingsCongress finds that—
			(1)since 1967, the
			 Sugar Loaf Fire Protection District, located west of Boulder, Colorado, has
			 owned and operated 2 fire stations on National Forest System land pursuant to
			 special use permits issued by the Forest Service;
			(2)the District seeks ownership of the land on
			 which the fire stations are located to enable the District—
				(A)to establish an area for firefighter
			 training;
				(B)to install bathroom facilities in each fire
			 station; and
				(C)to expand each fire station in the
			 future;
				(3)the National
			 Forest System land on which each fire station is located—
				(A)consists of
			 approximately 5.08 acres; and
				(B)is of limited
			 utility for public administration, recreation, or any other use because the
			 land has been occupied by the fire stations for 30 years;
				(4)the District owns a parcel of non-Federal
			 land consisting of approximately 5.17 acres that the District is willing to
			 convey to the United States in exchange for the parcel of National Forest
			 System land on which the fire stations are located;
			(5)the non-Federal land offered by the
			 District—
				(A)is suitable for addition to the
			 Arapaho-Roosevelt National Forests; and
				(B)if conveyed to the United States,
			 will—
					(i)eliminate an isolated inholding in the
			 National Forest System land;
					(ii)result in administrative cost savings to
			 the United States by reducing costs relating to forest boundary administration;
			 and
					(iii)provide to the United States environmental
			 and public recreational use benefits that will greatly exceed the benefits
			 provided by the National Forest System land on which the fire stations are
			 located; and
					(6)it is in the public interest to direct,
			 expedite, and facilitate completion of a land exchange involving the Federal
			 and non-Federal land to enable the District to better provide fire protection
			 services to—
				(A)residents of the District;
				(B)residents of neighboring districts;
			 and
				(C)individuals who travel through—
					(i)the District on Colorado Highway 119;
			 and
					(ii)National Forest System land that is located
			 within, or adjacent to, the District.
					3.DefinitionsIn this Act:
			(1)DistrictThe
			 term District means the Sugar Loaf Fire Protection District of
			 Boulder, Colorado.
			(2)Federal
			 landThe term Federal land means the parcel of
			 approximately 5.08 acres of Federal land that is—
				(A)located in the
			 National Forest; and
				(B)depicted on the
			 maps entitled Sugar Loaf Federal Lands—Station 1 and
			 Sugar Loaf Federal Lands—Station 2 dated November, 2006.
				(3)National
			 ForestThe term National Forest means the
			 Arapaho-Roosevelt National Forests located in the State of Colorado.
			(4)Non-Federal
			 landThe term non-Federal land means the parcel of
			 approximately 5.17 acres of non-Federal land that is—
				(A)located—
					(i)in unincorporated
			 Boulder County, Colorado; and
					(ii)between the
			 communities of Boulder and Nederland, Colorado; and
					(B)depicted on the
			 map entitled Non-Federal Lands—Hibernian Load and dated
			 November, 2006.
				(5)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
			4.Land
			 exchange
			(a)In
			 generalIf, not later than 30
			 days after the date of enactment of this Act, the District offers to convey to
			 the Secretary all right, title, and interest of the District in and to the
			 non-Federal land, and the offer is acceptable to the Secretary—
				(1)the Secretary shall accept the offer;
			 and
				(2)on receipt of
			 acceptable title in and to the non-Federal land, the Secretary shall convey to
			 the District all right, title, and interest of the United States in and to the
			 Federal land.
				(b)Appraisals;
			 equalization
				(1)Appraisals
					(A)In
			 generalThe Federal land and non-Federal land shall be appraised
			 by an independent appraiser selected by the Secretary.
					(B)Requirements
						(i)StandardsAn
			 appraisal conducted under subparagraph (A) shall be conducted in accordance
			 with—
							(I)the Uniform
			 Appraisal Standards for Federal Land Acquisitions developed by the Interagency
			 Land Acquisition Conference; and
							(II)the Uniform
			 Standards of Professional Appraisal Practice.
							(ii)EncumbranceThe
			 independent appraiser selected by the Secretary under subparagraph (A) shall
			 not consider the encumbrance described in subsection (e) during the conduct of
			 an appraisal under subparagraph (A).
						(2)EqualizationIf
			 the values of the Federal land and the non-Federal land to be conveyed in the
			 land exchange under subsection (a) are not equal, the values may be equalized
			 by—
					(A)the Secretary
			 making a cash equalization payment to the District (including a cash
			 equalization payment the amount of which is greater than the amount authorized
			 by section 206(b) of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C.
			 1716(b));
					(B)the District
			 making a cash equalization payment to the Secretary;
					(C)reducing the
			 acreage of the Federal land or the non-Federal land to be exchanged, as
			 appropriate; or
					(D)any combination
			 of—
						(i)a cash
			 equalization payment described in subparagraph (A) or (B), as appropriate;
			 and
						(ii)a reduction of
			 acreage of the Federal land or the non-Federal land described in subparagraph
			 (C), as appropriate.
						(c)Condition of
			 exchangeAs a condition of the land exchange under subsection
			 (a), to expedite the land exchange and reduce the administrative costs of the
			 land exchange to the United States, the District shall pay each cost relating
			 to—
				(1)each necessary
			 land survey of the Federal and non-Federal land; and
				(2)each appraisal
			 conducted by the independent appraiser under subsection (b)(1).
				(d)Deadline for
			 completion of land exchangeIt is the intent of Congress that the
			 land exchange under subsection (a) shall be completed not later than 120 days
			 after the date of enactment of this Act.
			(e)Interim use of
			 Federal land
				(1)In
			 generalSubject to paragraph (2), during the period beginning on
			 the date of enactment of this Act and ending on the date of completion of the
			 land exchange under subsection (a), the District may carry out modifications to
			 each fire station located on the Federal land without further action or
			 authorization by the Secretary.
				(2)Indemnification
			 requirementBefore the conduct of any modification described in
			 paragraph (1), the District shall enter into a written agreement with the
			 Secretary, with respect to the period described in that paragraph—
					(A)to hold the United
			 States harmless for any liability arising from the conduct of any modification;
			 and
					(B)to indemnify the
			 United States against any cost arising from—
						(i)the ownership by
			 the United States of the Federal land; and
						(ii)any action of the
			 District (including any employee, licensee, or agent of the District) in
			 carrying out any modification or other action on the Federal land.
						(f)Authority of
			 Secretary To conduct sale of Federal land
				(1)In
			 generalIn accordance with paragraph (2), if the land exchange
			 under subsection (a) is not completed by the date described in that subsection
			 for any reason, the Secretary may offer to sell to the District the Federal
			 land.
				(2)Value of Federal
			 landThe Secretary may offer to sell to the District the Federal
			 land for an amount equal to the value for which the Federal land is appraised
			 under subsection (b)(1).
				(g)Disposition of
			 proceeds
				(1)In
			 generalThe Secretary shall deposit in the fund established under
			 Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C.
			 484a) any amount received by the Secretary as the result of—
					(A)a sale carried out
			 under subsection (f)(1); and
					(B)any cash
			 equalization payment under subsection (b)(2)(B).
					(2)Use of
			 proceedsAmounts deposited under paragraph (1) shall be available
			 to the Secretary, without further appropriation and until expended, for the
			 acquisition of real property or interests in real property for inclusion in the
			 portion of the National Forest System located in the State of Colorado.
				(h)Incorporation,
			 management, and status of acquired land
				(1)Incorporation;
			 managementThe non-Federal land acquired by the Secretary under
			 this section shall—
					(A)become part of the
			 National Forest; and
					(B)be managed in
			 accordance with each law applicable to the National Forest System (including
			 regulations).
					(2)Boundary of
			 National Forest
					(A)In
			 generalThe boundary of the National Forest is modified in
			 accordance with the acquisition of the non-Federal land under this
			 section.
					(B)Land and Water
			 Conservation FundFor the purposes of section 7 of the Land and
			 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundary of the
			 National Forest, as adjusted by subparagraph (A), shall be considered to be the
			 boundary of the National Forest as of January 1, 1965.
					(i)Technical
			 corrections with respect to maps
				(1)In
			 generalSubject to the agreement of the District, the Secretary
			 may—
					(A)make minor
			 corrections to correct technical and clerical errors in the maps described in
			 section 3; and
					(B)adjust the
			 boundary of the National Forest to ensure the establishment of a boundary that
			 the Secretary determines could be effectively managed.
					(2)DiscrepanciesSubject
			 to the agreement of the Secretary and the District, if there is a discrepancy
			 between a map, acreage estimate, and legal or other description of the land to
			 be exchanged under subsection (a), the map shall prevail.
				(j)Revocation of
			 orders; withdrawal
				(1)Revocation of
			 ordersAny public order withdrawing the Federal land from entry,
			 appropriation, or disposal under the public land laws is revoked to the extent
			 necessary to permit the conveyance of the Federal land to the District.
				(2)WithdrawalOn
			 the date of enactment of this Act, if not already withdrawn or segregated from
			 entry and appropriation under the public land laws (including the mining and
			 mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
			 seq.), the Federal land is withdrawn until the date of the conveyance of the
			 Federal land to the District.

		1.Short titleThis Act may be cited as the
			 Sugar Loaf Fire Protection District
			 Land Exchange Act of 2009.
		2.DefinitionsIn this Act:
			(1)DistrictThe
			 term District means the Sugar Loaf Fire Protection District of
			 Boulder, Colorado.
			(2)Federal
			 landThe term Federal land means—
				(A)the parcel of
			 approximately 1.52 acres of land in the National Forest that is generally
			 depicted on the map numbered 1, entitled Sugarloaf Fire Protection
			 District Proposed Land Exchange, and dated November 12, 2009;
			 and
				(B)the parcel of
			 approximately 3.56 acres of land in the National Forest that is generally
			 depicted on the map numbered 2, entitled Sugarloaf Fire Protection
			 District Proposed Land Exchange, and dated November 12, 2009.
				(3)National
			 forestThe term National Forest means the
			 Arapaho-Roosevelt National Forests located in the State of Colorado.
			(4)Non-Federal
			 landThe term non-Federal land means the parcel of
			 approximately 5.17 acres of non-Federal land in unincorporated Boulder County,
			 Colorado, that is generally depicted on the map numbered 3, entitled
			 Sugarloaf Fire Protection District Proposed Land Exchange, and
			 dated November 12, 2009.
			(5)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
			3.Land exchange
			(a)In
			 generalSubject to the provisions of this Act, if the District
			 offers to convey to the Secretary all right, title, and interest of the
			 District in and to the non-Federal land, and the offer is acceptable to the
			 Secretary—
				(1)the Secretary shall
			 accept the offer; and
				(2)on receipt of acceptable
			 title to the non-Federal land, the Secretary shall convey to the District all
			 right, title, and interest of the United States in and to the Federal
			 land.
				(b)Applicable
			 lawSection 206 of the Federal Land Policy and Management Act of
			 1976 (43 U.S.C. 1716) shall apply to the land exchange authorized under
			 subsection (a), except that—
				(1)the Secretary may accept
			 a cash equalization payment in excess of 25 percent of the value of the Federal
			 land; and
				(2)as a condition of the
			 land exchange under subsection (a), the District shall—
					(A)pay each cost relating to
			 any land surveys and appraisals of the Federal land and non-Federal land;
			 and
					(B)enter into an agreement
			 with the Secretary that allocates any other administrative costs between the
			 Secretary and the District.
					(c)Additional terms and
			 conditionsThe land exchange under subsection (a) shall be
			 subject to—
				(1)valid existing rights;
			 and
				(2)any terms and conditions
			 that the Secretary may require.
				(d)Time for completion of
			 land exchangeIt is the intent of Congress that the land exchange
			 under subsection (a) shall be completed not later than 1 year after the date of
			 enactment of this Act.
			(e)Authority of Secretary
			 To conduct sale of Federal land
				(1)In
			 generalIn accordance with paragraph (2), if the land exchange
			 under subsection (a) is not completed by the date that is 1 year after the date
			 of enactment of this Act, the Secretary may offer to sell to the District the
			 Federal land.
				(2)Value of Federal
			 landThe Secretary may offer to sell to the District the Federal
			 land for the fair market value of the Federal land.
				(f)Disposition of
			 proceeds
				(1)In
			 generalThe Secretary shall deposit in the fund established under
			 Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C.
			 484a) any amount received by the Secretary as the result of—
					(A)any cash equalization
			 payment made under subsection (b); and
					(B)any sale carried out
			 under subsection (e).
					(2)Use of
			 proceedsAmounts deposited under paragraph (1) shall be available
			 to the Secretary, without further appropriation and until expended, for the
			 acquisition of land or interests in land in the National Forest.
				(g)Management and status
			 of acquired landThe non-Federal land acquired by the Secretary
			 under this section shall be—
				(1)added to, and
			 administered as part of, the National Forest; and
				(2)managed by the Secretary
			 in accordance with—
					(A)the Act of March 1, 1911
			 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.);
			 and
					(B)any laws (including
			 regulations) applicable to the National Forest.
					(h)Revocation of orders;
			 withdrawal
				(1)Revocation of
			 ordersAny public order withdrawing the Federal land from entry,
			 appropriation, or disposal under the public land laws is revoked to the extent
			 necessary to permit the conveyance of the Federal land to the District.
				(2)WithdrawalOn
			 the date of enactment of this Act, if not already withdrawn or segregated from
			 entry and appropriation under the public land laws (including the mining and
			 mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
			 seq.), the Federal land is withdrawn until the date of the conveyance of the
			 Federal land to the District.

		March 2, 2010
		Reported with an amendment


109 HR 3488 IH: To suspend temporarily the duty on certain work footwear.
U.S. House of Representatives
2005-07-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3488
IN THE HOUSE OF REPRESENTATIVES

July 27, 2005
Mr. Ryun of Kansas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain work footwear.

1.Certain work footwear
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.64.10Other work footwear for women, with outer soles and uppers of rubber or plastics, other than house slippers and other than tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.99.18)FreeNo changeNo changeOn or before 12/31/2009.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


110 HR 6806 IH: To establish a Citizens Congressional Health Benefits

U.S. House of Representatives
2008-08-01
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
		2d Session
		H. R. 6806
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2008
			Mr. Goode introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Oversight and Government
			 Reform and House
			 Administration, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To establish a Citizens Congressional Health Benefits
		  Program, based on the Federal employees health benefits program, to provide
		  health insurance coverage for the President, Vice President, and Members of
		  Congress, and citizens not eligible for coverage under the Federal employees
		  health benefits program.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Citizenship Should
			 Count for Something Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Establishment of Citizens Congressional Health Benefits
				Program (CCHBP).
					Sec. 3. Eligibility; enrollment.
					Sec. 4. Qualified health plans; benefits; premiums.
					Sec. 5. Government contribution.
					Sec. 6. Administration.
					Sec. 7. Definitions.

			2.Establishment of
			 Citizens Congressional Health Benefits Program (CCHBP)
			(a)In
			 generalThere is established
			 under this title a program (to be known as the Citizens Congressional
			 Health Benefits Program) to provide comprehensive health insurance
			 coverage to Federal elected officials and to all other citizens who are not
			 covered under the Federal Employees Health Benefits Program (FEHBP). The
			 coverage shall be provided in a manner similar to the manner in which coverage
			 has been provided to Members of Congress and Federal Government employees and
			 retirees and their dependents under the Federal Employees Health Benefits
			 Program (FEHBP).
			(b)Effective
			 dateBenefits shall first be made available under this title for
			 items and services furnished on or after January 1, 2010.
			(c)Non-preemption
			 of existing collective bargaining agreementsNothing in this Act
			 shall be construed as preempting any collective bargaining agreement that is in
			 effect as of the date of the enactment of this Act, during the period in which
			 such agreement is in effect (without regard to any extension of such agreement
			 effected as such date of enactment).
			3.Eligibility;
			 enrollment
			(a)Eligibility
				(1)In
			 generalEach CCHBP-eligible
			 individual (as defined in paragraph (2)) is eligible to enroll in accordance
			 with this title in a qualified health plan offered under this title.
				(2)CCHBP-eligible
			 individual definedFor
			 purposes of this title, the term CCHBP-eligible individual means
			 elected Federal officials (including the President, Vice President, and Members
			 of Congress) and any other individual residing in the United States who—
					(A)is a citizen or
			 national of the United States; and
					(B)is not enrolled
			 under the Federal employees health benefits program under chapter 89 of title
			 5, United States Code.
					(3)Conforming
			 elimination of FEHBP eligibility for Federal elected
			 officialsEffective for benefits for items and services furnished
			 on or after January 1, 2010, section 8901 of title 5, United States Code, is
			 amended—
					(A)by striking
			 subparagraphs (B) and (D); and
					(B)in the matter
			 following subparagraph (J)—
						(i)by
			 striking or at the end of clause (iii);
						(ii)by
			 striking the period at the end of clause (iv) and inserting ;
			 or; and
						(iii)by
			 adding at the end the following new clause:

								(v)the President, the Vice President, or a
				Member of Congress as defined in section 2106 of this
				title.
								.
						(b)Enrollment
				(1)In
			 generalThe Director shall establish a process for CCHBP-eligible
			 individuals to enroll in qualified health plans. Such process shall be based on
			 the enrollment process used under FEHBP and shall provide for the dissemination
			 of information to CCHBP-eligible individuals on qualified health plans being
			 offered.
				(2)Changes in
			 enrollmentThe Director shall establish enrollment procedures
			 that include an annual open season and permit changes in enrollment with
			 qualified health plans at other times (such as by reason of changes in marital
			 or dependent status or eligibility). Such procedures shall be based on the
			 enrollment procedures established under FEHBP.
				(3)LimitationsCCHBP-eligible
			 individuals may be enrolled in a qualified health plan under this title only
			 during enrollment periods specified by the Director.
				(c)Treatment of
			 family membersEnrollment
			 under this title includes both individual and family enrollment, in a manner
			 similar to that provided under FEHBP. To the extent consistent with eligibility
			 under subsection (a), the Director shall provide rules similar to the rules
			 under FEHBP for the enrollment of family members who are CCHBP-eligible
			 individuals in the same plan.
			(d)Changes in plan
			 enrollmentThe Director shall provide for and permit changes in
			 the qualified health plan in which an individual or family is enrolled under
			 this section in a manner similar to the manner in which such changes are
			 provided or permitted under FEHBP. The Director shall provide for termination
			 of such enrollment for an individual at the time the individual is no longer an
			 CCHBP-eligible individual.
			(e)Enrollment
			 guidesThe Director shall provide for the broad dissemination of
			 information on qualified health plans offered under this title. Such
			 information shall be provided in a comparative manner, similar to that used
			 under FEHBP, and shall include information, collected through surveys of
			 enrollees, on measures of enrollee satisfaction with the different
			 plans.
			4.Qualified health
			 plans; benefits; premiums
			(a)Offering of
			 plans
				(1)ContractsThe
			 Director shall enter into contracts with entities for the offering of qualified
			 health plans in accordance with this title. Such contracts shall be entered
			 into in a manner similar to the process by which the Director is authorized to
			 enter into contracts with health benefits plans under FEHBP.
				(2)Requirements for
			 entities offering plansNo such contract shall be entered into
			 with an entity for the offering of a qualified health plan in a region unless
			 the entity—
					(A)is licensed as a
			 health maintenance organization in that State or is licensed to sell group
			 health insurance coverage in that State; and
					(B)meets such
			 requirements, similar to requirements under FEHBP, as the Director may
			 establish relating to solvency, organization, structure, governance, access,
			 quality, and minimum loss-ratios.
					(b)FEHBP scope of
			 benefits
				(1)Comprehensive
			 benefitsQualified health plans shall provide for the same scope
			 and type of comprehensive benefits that have been provided under FEHBP,
			 including the types of benefits described in section 8904 of title 5, United
			 States Code and including benefits previously required by regulation or
			 direction (such as preventive benefits, including childhood immunization and
			 cancer screening, and mental health parity) under FEHBP.
				(2)No exclusion for
			 pre-existing conditionsQualified health plans shall not impose
			 pre-existing condition exclusions or otherwise discriminate against any
			 enrollee based on the health status of such enrollee (including genetic
			 information relating to such enrollee).
				(3)Other consumer
			 protectionsQualified health plans also shall meet consumer and
			 patient protection requirements that the Director establishes, based on similar
			 requirements previously imposed under FEHBP, including protections of patients’
			 rights previously effected pursuant to Executive Memorandum.
				(4)Collective
			 bargaining agreementsNothing in this Act shall be construed as
			 preventing a collectively bargained agreement from providing coverage that is
			 additional to, or supplementary of, benefits provided under this Act.
				(c)Community-rated
			 premiums
				(1)ApplicationThe
			 premiums established for a qualified health plan under this title for
			 individual or family coverage shall be community-rated and shall not vary based
			 on gender, health status (including genetic information), or other
			 factors.
				(2)Collection
			 processThe Director shall establish a process for the timely and
			 accurate collection of premiums owed by enrollees, taking into account any
			 Government contribution under section 5(a). Such process shall include methods
			 for payment through payroll withholding, as well as payment through automatic
			 debiting of accounts with financial institutions, and shall be coordinated with
			 the application of section 59B of the Internal Revenue Code of 1986.
				(d)Marketing
			 practices and costsThe Director shall monitor marketing
			 practices with respect to qualified health plans in order to assure—
				(1)the accuracy of
			 the information disseminated regarding such plans; and
				(2)that costs of
			 marketing are reasonable and do not exceed a percentage of total costs that is
			 specified by the Director and that takes into account costs of market entry for
			 new qualified health plans.
				5.Government
			 contribution
			(a)Amount
			 established biannually by CongressThe Director shall provide each year
			 (beginning with 2010) for a contribution under this subsection towards the
			 coverage provided under this title for CCHBP-eligible individuals. The amount
			 of such contribution shall be determined biannually by Congress
			(b)Plan
			 payment
				(1)In
			 generalThe Director shall
			 provide for payment of qualified health plans of the premiums for such plans,
			 as adjusted under this subsection.
				(2)Risk adjusted
			 paymentThe payment to a qualified health plan under this
			 subsection shall be adjusted in a budget-neutral manner specified by the
			 Director to reflect the actuarial risk of the enrollees in the plan compared to
			 an average actuarial risk.
				(3)Reduction for
			 administrative expenses and contingency reserveThe Director may
			 provide for a uniform percentage reduction in payment otherwise made to a
			 qualified health plan under this subsection in order to provide for a
			 contingency reserve and for Federal administrative costs in carrying out this
			 title.
				6.Administration
			(a)Application of
			 FEHBP rules
				(1)In
			 generalExcept as otherwise provided in this title, the program
			 under this title shall be administered in the same manner as FEHBP.
				(2)Specific
			 provisionsIn carrying out this title, the Director pursuant to
			 paragraph (1) shall provide for the following:
					(A)Approval and
			 disapproval of plans as qualified health plans.
					(B)Negotiation of
			 plan benefits (including cost-sharing) and plan premiums.
					(b)Duties
				(1)In
			 generalThe Director shall administer the program under this
			 title.
				(2)Establishment of
			 CCHBP regionsFor purposes of carrying out this title, the
			 Director shall divide the United States into, and establish, CCHBP
			 regions.
				(c)RulemakingThe
			 Director is authorized to issue such regulations as may be required to carry
			 out this title.
			(d)Use of regional
			 and field officesThe Director shall establish such regional and
			 field offices as may be appropriate for the convenient and efficient
			 administration of this title.
			(e)Coverage of
			 administration costsThe Director shall provide for the
			 collection of administrative costs of offering coverage under this title from
			 entities offering qualified health plans in the same manner as FEHBP provides
			 for coverage of its administrative costs.
			(f)Contingency
			 reserves
				(1)CCHBP
			 contingency reserveThe Director is authorized to establish and
			 maintain a contingency reserve for purposes of carrying out this title and is
			 authorized to impose under section 5(b)(3)(A) a premium surcharge of up to
			 three percent in order to provide financing for such reserve.
				(2)Plan
			 reservesA qualified health plan may establish contingency
			 reserves, that are in addition to the reserve described in paragraph (1), in a
			 manner similar to that permitted under FEHBP.
				7.DefinitionsFor purposes of this Act:
			(1)The term
			 CCHBP-eligible individual means an individual described in section
			 3(a)(2).
			(2)The term
			 CCHBP region means a region as specified by the Director under
			 section 6(c)(2).
			(3)The term
			 Director means the Director of the Office of Personnel
			 Management.
			(4)The term
			 FEHBP means the program under chapter 89 of title 5, United States
			 Code.
			(5)The term
			 qualified health plan means such a plan offered under this
			 title.


		I
		112th CONGRESS
		1st Session
		H. R. 767
		IN THE HOUSE OF REPRESENTATIVES

			February 17, 2011
			Mr. DeFazio
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 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 permit individuals to choose to opt out of the
		  requirement to maintain health insurance minimum essential coverage if such
		  individuals also opt out of specified insurance reform
		  protections.

		1.Short titleThis Act may be cited as the
			 Personal Responsibility in Health Care
			 Insurance Act.
		2.Opt out of
			 requirement for individuals to maintain health insurance minimum essential
			 coverage and certain health insurance protections
			(a)Ability To opt
			 out of minimum essential coverage requirement
				(1)IRCSection
			 5000A(d) of the Internal Revenue Code of 1986 is amended—
					(A)by striking
			 or (4) and inserting (4), or (5); and
					(B)by adding at the
			 end the following new paragraph:

							(5)Individuals who
				have chosen to opt outSuch
				term shall not include any individual, or a dependent of such individual, for
				any month during a taxable year if such individual, or dependent, has in effect
				an exemption under section 1311(d)(4)(H) of the Patient Protection and
				Affordable Care Act which certifies that there is in effect for such month,
				with respect to such individual, or such dependent, an affidavit of personal
				responsibility described in section 1411(j) of such
				Act.
							.
					(2)PPACASection 1411 of the Patient Protection and
			 Affordable Care Act is amended by adding at the end the following new
			 subsection:

						(j)Exclusion based
				on opt out selection
							(1)In
				generalFor purposes of
				section 5000A(d)(5) of the Internal Revenue Code of 1986, section 1311, and
				this section, an affidavit of personal responsibility described in this
				subsection, with respect to an individual or any dependent of such individual,
				is a statement, that indicates each of the following:
								(A)Such individual
				chooses for such individual or such dependent, respectively, to opt out of the
				application of subsections (a) and (b)(1) of section 5000A of the Internal
				Revenue Code of 1986 for the period described in paragraph (2).
								(B)Such individual
				acknowledges that such choice results in such individual or dependent,
				respectively, waiving each of the following during such period:
									(i)Eligibility to
				enroll in a qualified health plan through an Exchange established pursuant to
				section 1311.
									(ii)The application
				of section 2704 of the Public Health Service Act (relating to prohibition of
				preexisting condition exclusions or other discrimination based on health
				status), including as applied under section 1255(2) of the Patient Protection
				and Affordable Care Act (relating to individuals who are under 19 years of
				age).
									(C)Such individual acknowledges that any
				health care related debts assumed by the individual or dependent, respectively,
				while the individual or dependent, respectively, has in effect such affidavit,
				will not be discharged under chapter 7 of title 11 of the United States
				Code.
								(2)Opt out
				selection period
								(A)In
				generalAn affidavit of
				personal responsibility described in paragraph (1), with respect to an
				individual or, if applicable, a dependent of such individual, shall be in
				effect for each month during the 3-year period beginning with the first month
				after the applicable certification under section 1311(d)(4)(H) has been
				made.
								(B)RenewabilityAn individual may file an affidavit of
				personal responsibility, with respect to the individual or any dependent of the
				individual, under this subsection, and be certified under section 1311(d)(4)(H)
				with respect to such affidavit, for more than one period described in
				subparagraph (A).
								(3)Eligibility
								(A)In
				generalAn individual may file an affidavit of personal
				responsibility under this section, with respect to such individual, only if, as
				of the date of submission of such affidavit, the individual—
									(i)is
				not eligible for any exemption described in such subsection other than by
				application of this subsection; and
									(ii)is not enrolled in any program described in
				section 5000A(f) of the Internal Revenue Code of 1986.
									(B)Treatment of
				dependentsAn individual may specify a dependent of such
				individual within the affidavit of personal responsibility of such individual
				(or may file a separate affidavit of personal responsibility on behalf of such
				a dependent) for purposes of this subsection, but only if such dependent meets
				the criteria specified in clauses (i) and (ii) of subparagraph
				(A).
								.
				(3)Conforming
			 amendments
					(A)Section 1311(d)(4) of the Patient
			 Protection and Affordable Care Act is amended—
						(i)in
			 subparagraph (H)(ii), by inserting before the period at the end the following:
			 , including with respect to an affidavit of personal responsibility
			 described in section 1411(j);
						(ii)in
			 subparagraph (J), by striking at the end and;
						(iii)in
			 subparagraph (K), by striking the period and inserting ; and;
			 and
						(iv)by
			 adding at the end the following new subparagraph:

								(L)in the case of an individual (or dependent
				of an individual) with respect to whom there is filed an affidavit of personal
				responsibility described in section 1411(j) and who is eligible for any program
				described in section 5000A(f)(1)(A) of the Internal Revenue Code of 1986,
				provide notification to such individual of such eligibility, including
				information necessary for the individual (or dependent) to enroll in such
				program.
								.
						(B)Section 1411(b)(5)
			 of such Act is amended by adding at the end the following new
			 subparagraph:

							(C)In the case of an individual (or dependent
				of such individual) seeking exemption based on the individual (or dependent)
				having in effect an affidavit of personal responsibility described in
				subsection (j), such information as the Secretary, in consultation with the
				Secretary of the Treasury, shall prescribe, which shall include sufficient
				information to verify the individual (or dependent) meets the criteria
				specified in clauses (i) and (ii) of subsection
				(j)(3)(A).
							.
					(b)Individuals
			 opting out of minimum essential coverage requirement excluded from certain
			 health-Related programs
				(1)Eligibility to
			 participate in ExchangesSection 1312(f)(1)(A) of the Patient
			 Protection and Affordable Care Act is amended—
					(A)in clause (i), by
			 striking at the end and;
					(B)in clause (ii), by
			 striking at the end the period and inserting ; and; and
					(C)by adding at the
			 end the following new clause:

							(iii)is not an individual (or dependent of such
				individual) who has in effect an exemption under section 1311(d)(4)(H) which
				certifies that there is in effect, with respect to such individual (or
				dependent), an affidavit of personal responsibility described in section
				1411(j).
							.
					(2)Preexisting
			 condition exclusionSection
			 2704 of the Public Health Service Act, as inserted by section 1201 of the
			 Patient Protection and Affordable Care Act, is amended by inserting before the
			 period at the end the following: , except that this section shall not
			 apply to an individual (or dependent of such individual) with respect to whom
			 there is in effect an exemption under section 1311(d)(4)(H) of the Patient
			 Protection and Affordable Care Act which certifies that there is in effect,
			 with respect to such individual (or dependent), an affidavit of personal
			 responsibility described in section 1411(j) of such Act.
				(3)Health related
			 debts nondischargeable under chapter 7 in cases of individuals who opt out of
			 minimum essential coverage requirementNotwithstanding any provision of title 11
			 of the United States Code, a discharge in a case under chapter 7 of such title
			 does not discharge an individual (or dependent of such individual) from a
			 health care related debt if such debt was assumed while such individual (or
			 dependent) has in effect an exemption under section 1311(d)(4)(H) of the
			 Patient Protection and Affordable Care Act which certifies that there is in
			 effect, with respect to such individual (or dependent), an affidavit of
			 personal responsibility described in section 1411(j) of such Act.