110 HR 1049 IH: Amend Misinterpreted Excessive Regulation In Corporate America Act
U.S. House of Representatives
2007-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
1st Session
H. R. 1049
IN THE HOUSE OF REPRESENTATIVES

February 14, 2007
Mr. Garrett of New Jersey (for himself, Mr. Hensarling, Mr. Feeney, Mr. Price of Georgia, Mr. Paul, Mr. Gingrey, Mr. Westmoreland, Mr. Carter, Mr. Goode, Mrs. Myrick, Mr. Gohmert, Mr. Lamborn, Mr. Flake, Mr. Akin, Mr. Royce, and Mr. Neugebauer) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To reduce the unintended costs and burdens that the Sarbanes-Oxley Act of 2002 imposes on United States businesses, while maintaining that Act’s goals of bolstering confidence in the integrity of publicly held companies.

1.Short titleThis Act may be cited as the Amend Misinterpreted Excessive Regulation In Corporate America Act.
2.FindingsCongress finds the following:
(1)The stated intent of the Sarbanes-Oxley Act of 2002 was to restore confidence and integrity in our nation’s financial markets through increased transparency and accountability.
(2)The regulatory interpretation of section 404 of that Act has led to many unintended consequences, such as—
(A)diverting valuable resources away from other legitimate business needs;
(B)creating massive and tedious documentation requirements; and
(C)discouraging the public listing of both international and domestic companies on United States markets.
(3)Nine out of ten complaints about the Sarbanes-Oxley Act of 2002 are related to section 404.
(4)Ninety percent of international small companies have listed in international markets and not in the United States markets.
(5)The out-of-pocket costs have been $4 million to $6 million per accelerated filer, more than 50 times original Securities and Exchange Commission estimates.
(6)Total economic costs including opportunity costs and social implications are up to $1.4 trillion.
3.Creation of Ombudsman for the PCAOBTitle I of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211 et seq.) is amended by adding at the end the following new section:

110.Ombudsman
(a)Establishment requiredNot later than 180 days after the date of enactment of the Amend Misinterpreted Excessive Regulation In Corporate America Act, the Board shall appoint an ombudsman for the Board. The Ombudsman shall report directly to the Chairman.
(b)Duties of ombudsmanThe ombudsman appointed in accordance with subsection (a) for the Board shall—
(1)act as a liaison between the Board and—
(A) any registered public accounting firm or issuer with respect to issues or disputes concerning the preparation or issuance of any audit report with respect to that issuer; and
(B)any affected registered public accounting firm or issuer with respect to—
(i)any problem such firm or issuer may have in dealing with the Board resulting from the regulatory activities of the Board, particularly with regard to the implementation of section 404; and
(ii)issues caused by the relationships of registered public accounting firms and issuers generally; and
(2)assure that safeguards exist to encourage complainants to come forward and to preserve confidentiality; and
(3)carry out such activities, and any other activities assigned by the Board, in accordance with guidelines prescribed by the Board..
4.Reorganization of the Board of the PCAOB
(a)Appointment to the Board
(1)AmendmentSubparagraph (A) of section 101(e)(4) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(B)) is amended to read as follows:

(A)Presidential appointmentThe members of the Board shall be appointed by the President, by and with the advice and consent of the Senate..
(2)TransitionThe members of the Public Company Accounting Oversight Board serving on the date of enactment of this Act may continue to serve until a successor is appointed pursuant to the amendment made by paragraph (1) of this subsection. The term of office of any such successor shall expire at the time of the expiration of the term of his or her predecessor, as designated by the President at the time of the appointment.
(3)CompensationSection 5312 of title 5, United States Code, is amended by adding at the end the following:

Chairman and Members, Public Company Accounting Oversight Board..
(4)Conforming Amendments
(A)Sections 101(e) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)) is amended by striking paragraph (6).
(B)Section 107(d) of such Act (15 U.S.C. 7217(d)) is amended by striking paragraph (3).
(b)FundingSection 109(f) of such Act is amended by adding at the end the following new sentence: The Congress reserves the authority to establish annual or other periodic limits upon the amount of fees which may be collected under this section on behalf of the Board..
5.Reductions of internal control implementation costs
(a)Revisions requiredNot later than December 31, 2007—
(1)the Securities and Exchange Commission shall adopt revisions to its rules under section 404(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(a)) relating to management’s assessment of an issuer’s internal control structure and procedures; and
(2)the Public Company Accounting Oversight Board shall adopt revisions to its standards under section 404(b) of such Act for auditor attestation to and reporting on such management assessment.
(b)Cost of Implementation ReductionIn adopting the revisions required by subsection (a), the Commission and the Board shall reduce the costs of the implementation of section 404, consistent with the intention of the Congress that such section not increase significantly the cost of the annual audits of financial statements under section 13(a) and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)).
(c)Risk-based implementationIn adopting the revisions required by subsection (a), the Commission shall adopt a more risk-based statement on internal control reporting that focuses internal control review on financial controls having significant risk of failing to prevent financial damages that would be material to the financial statements of the issuer.
6.Separate engagements for internal control evaluationsSection 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)) is amended—
(1)by inserting before the period at the end of the first sentence the following: , or the issuer shall separately engage a different registered public accounting firm which shall attest to and report on such assessment; and
(2)by striking the last sentence.
7.Private rights of actionSection 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following new subsection:

(c)No private rights of actionNo private right of action may be brought against any registered public accounting firm in any Federal or State court on the basis of a violation or alleged violation of the requirements of this section or standards issued by the Board under or for purposes of implementing this section..


I115th CONGRESS1st SessionH. R. 871IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2017Mr. Smith of Missouri (for himself, Mr. Larson of Connecticut, and Mr. Royce of California) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to exempt premiums paid on non-cash-value property and casualty insurance from the taxes to enforce reporting on certain foreign accounts.
1.Exemption for premiums paid on non-cash-value property and casualty insurance from taxes to enforce reporting on certain foreign accounts
(a)In generalSection 1473(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph:  (C)Exception for premiums paid on non-cash-value property and casualty insurance (i)In generalSuch term shall not include any premium paid for any insurance contract if—
(I)such insurance contract does not have an aggregate cash value greater than zero, and (II)no portion of the reserves, unearned premiums, or unpaid losses, with respect to such contract are taken into account under paragraph (1) or (2) of section 816(a).
(ii)Cash valueThe term cash value means any amount (determined without reduction for any charge or policy loan) that— (I)is payable under the contract to any person upon surrender, termination, cancellation, or withdrawal, or
(II)can be borrowed by any person under, or with regard to, the contract (including by pledging as collateral). (iii)ExceptionsNotwithstanding clause (ii), the term cash value shall not include any amount payable—
(I)solely by reason of the death of an individual insured under a life insurance contract, (II)as a personal injury or sickness benefit or a benefit providing indemnification of an economic loss incurred upon the occurrence of the event insured against,
(III)as a refund of a previously paid premium (less cost of insurance charges whether or not actually imposed) under an insurance contract (other than a life insurance contract) due to cancellation or termination of the contract, decrease in risk exposure during the effective period of the contract, or arising from the correction of a posting or similar error with regard to the premium for the contract, (IV)as a policyholder dividend (other than a termination dividend) provided that the dividend relates to an insurance contract under which the only benefits payable are described in subclause (II), or
(V)as a return of an advance premium or premium deposit for an insurance contract for which the premium is payable at least annually if the amount of the advance premium or premium deposit does not exceed the next annual premium that will be payable under the contract.. (b)Effective dateThe amendments made by this section shall apply to payments made after the date of the enactment of this Act.


115 HR 6592 IH: Transportation Megaprojects Accountability and Oversight Act of 2018
U.S. House of Representatives
2018-07-26
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. 6592IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. DeSaulnier (for himself and Mr. LaMalfa) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 23, United States Code, to establish additional requirements for certain
			 transportation projects with estimated costs of $2,500,000,000 or more,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Transportation Megaprojects Accountability and Oversight Act of 2018. 2.Additional requirements for certain transportation projects (a)In generalSection 106 of title 23, United States Code, is amended by adding at the end the following:

					(k)Megaprojects
 (1)Megaproject definedIn this subsection, the term megaproject means a project that has an estimated total cost of $2,500,000,000 or more, and such other projects as may be identified by the Secretary.
 (2)Comprehensive risk management planA recipient of Federal financial assistance under this title for a megaproject shall, in order to be authorized for construction, submit to the Secretary a comprehensive risk management plan that contains—
 (A)a description of the process by which the recipient will identify, quantify, and monitor the risks that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject;
 (B)examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph (A);
 (C)a plan to control such risks; and (D)such assurances as the Secretary considers appropriate that the recipient will, with respect to the megaproject—
 (i)regularly submit to the Secretary updated cost estimates; and (ii)maintain and regularly reassess financial reserves for addressing known and unknown risks.
								(3)Peer review group
 (A)In generalA recipient of Federal financial assistance under this title for a megaproject shall, not later than 90 days after the date when such megaproject is authorized for construction, establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject.
							(B)Membership
 (i)In generalNot later than 180 days after the date of the enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph (A) shall—
 (I)recruit and select members for a peer review group established under such subparagraph; and (II)make publicly available the criteria for such selection and the identity of members so selected.
 (ii)Conflict of interestNo member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject.
 (C)TasksA peer review group established under subparagraph (A) by a recipient of Federal financial assistance for a megaproject shall—
 (i)meet annually until completion of the megaproject; (ii)not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and
 (iii)submit a report on the findings of each review under clause (ii) to the Secretary, Congress, and the recipient.
 (4)TransparencyA recipient of Federal financial assistance under this title for a megaproject shall publish on the Internet Web site of such recipient—
 (A)the name, license number, and license type of each engineer supervising an aspect of the megaproject; and
 (B)the report submitted under paragraph (3)(C)(iii), not later than 90 days after such submission.. (b)ApplicabilityThe amendment made by subsection (a) applies with respect to projects that are authorized for construction on or after the date that is 1 year after the date of the enactment of this Act.


114 HR 2064 : Improving Access to Capital for Emerging Growth Companies Act
U.S. House of Representatives
2015-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		1st Session
		H. R. 2064
		IN THE SENATE OF THE UNITED STATES
		July 15, 2015Received; read twice and referred to the Committee on Banking, Housing, and Urban AffairsAN ACT
		To amend certain provisions of the securities laws relating to the treatment of emerging growth
			 companies.

 1.Short titleThis Act may be cited as the Improving Access to Capital for Emerging Growth Companies Act. 2.Filing requirement for public filing prior to public offeringSection 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) is amended by striking 21 days and inserting 15 days.
 3.Grace period for change of status of emerging growth companiesSection 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1)) is further amended by adding at the end the following: An issuer that was an emerging growth company at the time it submitted a confidential registration statement or, in lieu thereof, a publicly filed registration statement for review under this subsection but ceases to be an emerging growth company thereafter shall continue to be treated as an emerging market growth company for the purposes of this subsection through the earlier of the date on which the issuer consummates its initial public offering pursuant to such registrations statement or the end of the 1-year period beginning on the date the company ceases to be an emerging growth company..
 4.Simplified disclosure requirements for emerging growth companiesSection 102 of the Jumpstart Our Business Startups Act (Public Law 112–106) is amended by adding at the end the following:

 (d)Simplified disclosure requirementsWith respect to an emerging growth company (as such term is defined under section 2 of the Securities Act of 1933):
 (1)Requirement to include notice on Forms S–1 and F–1Not later than 30 days after the date of enactment of this subsection, the Securities and Exchange Commission shall revise its general instructions on Forms S–1 and F–1 to indicate that a registration statement filed (or submitted for confidential review) by an issuer prior to an initial public offering may omit financial information for historical periods otherwise required by regulation S–X (17 CFR 210.1–01 et seq.) as of the time of filing (or confidential submission) of such registration statement, provided that—
 (A)the omitted financial information relates to a historical period that the issuer reasonably believes will not be required to be included in the Form S–1 or F–1 at the time of the contemplated offering; and
 (B)prior to the issuer distributing a preliminary prospectus to investors, such registration statement is amended to include all financial information required by such regulation S–X at the date of such amendment.
 (2)Reliance by issuersEffective 30 days after the date of enactment of this subsection, an issuer filing a registration statement (or submitting the statement for confidential review) on Form S–1 or Form F–1 may omit financial information for historical periods otherwise required by regulation S–X (17 CFR 210.1–01 et seq.) as of the time of filing (or confidential submission) of such registration statement, provided that—
 (A)the omitted financial information relates to a historical period that the issuer reasonably believes will not be required to be included in the Form S–1 or Form F–1 at the time of the contemplated offering; and
 (B)prior to the issuer distributing a preliminary prospectus to investors, such registration statement is amended to include all financial information required by such regulation S–X at the date of such amendment..

	Passed the House of Representatives July 14, 2015.Karen L. Haas,Clerk


102 S1091 IS: To designate certain future interstates and high priority corridors in Kentucky, and for other purposes.
U.S. Senate
2021-04-13
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.

II117th CONGRESS1st SessionS. 1091IN THE SENATE OF THE UNITED STATESApril 13, 2021Mr. McConnell introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo designate certain future interstates and high priority corridors in Kentucky, and for other purposes.1.Louie B. Nunn Cumberland Expressway(a)Designation as high priority corridorSection 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032; 133 Stat. 3018) is amended by adding at the end the following: (92)The Louie B. Nunn Cumberland Expressway from the interchange with Interstate 65 in Barren County, Kentucky, east to the interchange with U.S. Highway 27 in Somerset, Kentucky..(b)Designation as future interstateSection 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence by striking and subsection (c)(91) and inserting subsection (c)(91), and subsection (c)(92). (c)Numbering of ParkwaySection 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended by adding at the end the following: The route referred to in subsection (c)(92) is designated as Interstate Route I–365.. (d)Operation of vehiclesSection 127(l)(3)(A) of title 23, United States Code, is amended—(1)in the matter preceding clause (i), in the first sentence, by striking clauses (i) through (iv) of this subparagraph and inserting clauses (i) through (v); and(2)by adding at the end the following:(v)The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate 65 in Barren County, Kentucky, east to the interchange with U.S. Highway 27 in Somerset, Kentucky..


114 HR 518 IH: First Responder Medical Device Tax Relief Act
U.S. House of Representatives
2015-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 518
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2015
			Mr. Turner (for himself and Mr. Jones) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to exempt certain emergency medical devices from the
			 excise tax on medical devices, and for other purposes.

 1.Short titleThis Act may be cited as the First Responder Medical Device Tax Relief Act. 2.Repealing first responders emergency medical equipment tax (a)In generalParagraph (2) of section 4191(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (C) the following new subparagraph:

 (D)qualified emergency medical devices, and. (b)Qualified emergency medical deviceSubsection (b) of section 4191 of such Code is amended by adding at the end the following new paragraph:

 (3)Qualified emergency medical deviceThe term qualified emergency medical device means any medical device of a type furnished by first responders or ambulance services in providing out-of-hospital or pre-hospital care, or transport to a medical care facility, for individuals—
 (A)with illnesses, injuries, or other medical emergencies, or (B)in need of medical transport, extrication, or evacuation..
			(c)Certain exemptions made applicable
 (1)The last sentence of subsection (a) of section 4221 of such Code is amended by striking (4),. (2)The last sentence of paragraph (2) of section 6416(b) of such Code is amended by striking (C),.
 (d)Effective dateThe amendments made by this section shall apply to sales after December 31, 2014.


113 HR 3353 IH: Extend Not Cut SNAP Benefits Act
U.S. House of Representatives
2013-10-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
1st Session
H. R. 3353
IN THE HOUSE OF REPRESENTATIVES

October 28, 2013
Mr. Conyers (for himself, Ms. Lee of California, Mr. Huffman, Mr. Ellison, Mr. Cartwright, Ms. Waters, Ms. Clarke, Ms. Shea-Porter, Mrs. Napolitano, Mr. Serrano, Ms. Pingree of Maine, Mr. Nadler, Mr. Capuano, Ms. Bordallo, Ms. Kuster, Mr. Takano, Mr. Connolly, Mr. Langevin, Mr. Holt, Mr. Pocan, Mr. Tierney, Ms. Brown of Florida, Mr. Rangel, Mr. Cleaver, Mr. Tonko, Mr. Cummings, Mr. Grijalva, Ms. DeLauro, Ms. Moore, Mr. Honda, Mr. Cohen, Mr. Carson of Indiana, Mr. Johnson of Georgia, Ms. Lofgren, Ms. Linda T. Sánchez of California, Ms. Fudge, Ms. Slaughter, and Mr. McDermott) introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To amend the American Recovery and Reinvestment Act of 2009 to extend the period during which supplemental nutrition assistance program benefits are temporarily increased.

1.Short titleThis Act may be cited as the Extend Not Cut SNAP Benefits Act.
2.Extension of temporary increase in supplemental nutrition assistance benefitsSection 101(a) of title I of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120) is amended—
(1)in paragraph (1) by striking section 3(o) and inserting section 3(u), and
(2)in paragraph (2) by striking 2013 and inserting 2014.
3.Effective dateThis Act and the amendments made by this Act shall take effect on September 30, 2013.


		I
		111th CONGRESS
		1st Session
		H. R. 2641
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2009
			Mr. Tanner (for
			 himself, Mr. Childers,
			 Mr. Brady of Pennsylvania, and
			 Mr. Matheson) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend section 1862 of the Social Security Act with
		  respect to the application of Medicare secondary payer rules to workers’
		  compensation settlement agreements and Medicare set-asides under such
		  agreements.

		1.Short titleThis Act may be cited as the
			 Medicare Secondary Payer and Workers’
			 Compensation Settlement Agreements Act of 2009.
		2.Application of
			 Medicare secondary payer rules to certain workers’ compensation settlement
			 agreements and qualified Medicare set-aside provisions
			(a)Exception from
			 secondary payer provisions for certain workers’ compensation settlement
			 agreementsSection 1862 of
			 the Social Security Act (42 U.S.C. 1395y) is amended—
				(1)in subsection
			 (b)(2)(A)(ii), by inserting subject to subsection (n), after
			 (ii); and
				(2)by adding at the
			 end the following new subsection:

						(n)Exception from
				secondary payer provisions for certain workers’ compensation settlement
				agreements
							(1)In
				generalA workers’ compensation law or plan shall not be treated,
				for purposes of subsection (b), as a primary plan with respect to an exempt
				workers’ compensation settlement agreement.
							(2)Exempt workers’
				compensation settlement agreement definedFor purposes of this
				subsection, an exempt workers’ compensation settlement agreement
				means a workers’ compensation agreement that is described in any of the
				following subparagraphs:
								(A)Present value of
				$25,000 or lessA workers’
				compensation settlement agreement that has a present value, as determined under
				paragraph (3), that is, subject to the last sentence of this paragraph, $25,000
				or less.
								(B)Likely
				ineligibility of workers’ compensation claimant for Medicare
				benefitsA workers’ compensation settlement agreement the
				claimant of which is not eligible for benefits under this title as of the
				effective date of the agreement and, under paragraph (4), is unlikely to become
				so eligible within 30 months after such effective date.
								(C)No future
				medical expensesA workers’ compensation settlement agreement the
				claimant of which is not eligible for payment of medical expenses incurred
				after the effective date of such agreement that are available under the
				workers’ compensation law or plan of the jurisdiction in which such agreement
				will be effective.
								(D)No limitation on
				future medical expensesA workers’ compensation settlement
				agreement that does not limit or extinguish the right of the claimant involved
				to payment of medical expenses incurred after the effective date of such
				agreement that are available under the workers’ compensation law or plan of the
				jurisdiction in which such agreement will be effective.
								The
				Secretary may adopt rules for an increase in the dollar amount specified under
				subparagraph (A).(3)Determination of
				present value of workers’ compensation settlement agreement
								(A)In
				generalSubject to subparagraph (B), for purposes of paragraph
				(2)(A) and subsection (o) and with respect to a work-related injury or illness
				that is the subject of a workers’ compensation settlement agreement, the
				present value of the agreement is the sum of any of the following amounts that
				are used to fund the agreement:
									(i)The amount of any
				cash payment.
									(ii)The amount of the
				purchase cost of an annuity (and not the payout or the projected payout paid
				during the term of such annuity).
									(iii)The amount of
				the sum of any funds under clause (i) or (ii), previously paid pursuant to a
				workers’ compensation settlement agreement for the same workers’ compensation
				claim.
									(B)Costs excluded
				from present valueThe present value of a workers’ compensation
				settlement agreement does not include the following payments made because of
				the workers’ compensation claim involved:
									(i)Payments to
				satisfy previous unpaid medical expenses.
									(ii)Payments to satisfy third party claims or
				liens for amounts previously paid, such as payments under this title, payments
				under the Medicaid program under title XIX, payments under a program of the
				Department of Veterans Affairs under title 38, United States Code, payments
				under an employee welfare benefit plan (as defined in section 3(1) of the
				Employee Retirement and Income Security Act of 1974), and other similar third
				party payments.
									(iii)The attorney
				fees for the claimant involved.
									(iv)Any other
				procurement costs incurred by a party to the agreement to secure the
				agreement.
									(4)Determination of
				likely ineligibility of claimant for Medicare benefitsFor
				purposes of paragraph (2)(B), a workers’ compensation claimant shall be deemed
				unlikely to become eligible for benefits under this title within 30 months
				after the effective date of othe agreement unless, as of the effective date of
				the agreement, such claimant is insured for disability insurance benefits as
				determined under subsection (c)(1) of section 223 and meets any of the
				following requirements:
								(A)Awarded
				disability benefitsThe claimant has been awarded disability
				insurance benefits.
								(B)Applied for
				disabilityThe claimant has applied for disability insurance
				benefits and the claimant’s application has been pending without decision for
				90 days or less after the date of filing the application.
								(C)Appealing denial
				of disability benefitsThe claimant has been denied disability
				insurance benefits and is appealing (or intending to appeal) a denial of such
				benefits under subsection (a) of such section.
								(D)Minimum
				ageThe claimant is at least 62 years and 6 months of age.
								(E)End stage renal
				diseaseThe claimant is medically determined to have end stage
				renal disease, but does not as of such date qualify for benefits under this
				title by reason of such disease.
								(5)DefinitionsFor
				purposes of this subsection and subsection (o):
								(A)Workers’
				compensation settlement agreementThe term workers’ compensation
				settlement agreement means an agreement, including a commutation
				agreement or compromise agreement, or any combination of both, between a
				workers’ compensation claimant and one or more workers’ compensation payers
				which is intended—
									(i)to foreclose the possibility of future
				payment of some or all workers’ compensation benefits involved; and
									(ii)(I)to compensate the
				claimant for a work-related injury or illness as provided for by a workers’
				compensation law or plan; or
										(II)to eliminate cause for litigation
				involving issues in dispute between the claimant and payer.
										(B)Workers’
				compensation payerThe term workers’ compensation
				payer means, with respect to a workers’ compensation law or plan, a
				workers’ compensation insurer, self-insurer, employer, individual, or any other
				entity that is or may be liable for the payment of benefits to a workers’
				compensation claimant pursuant to the workers’ compensation law or plan.
								(C)Workers’
				compensation claimantThe term workers’ compensation
				claimant means a worker who—
									(i)is
				or may be covered under a workers’ compensation law or plan (or similar
				compensation plan); and
									(ii)submits a claim
				or accepts benefits under such law or plan (or similar compensation plan) for a
				work-related injury or illness.
									(D)Workers’
				compensation law or plan
									(i)In
				generalThe term workers’ compensation law or plan
				means a law or program administered by a State or the United States to provide
				compensation to workers for a work-related injury or illness (or for disability
				or death caused by such an injury or illness), including the Longshore and
				Harbor Workers’ Compensation Act (33 U.S.C. 901–944, 948–950), chapter 81 of
				title 5, United States Code (known as the Federal Employees Compensation Act),
				the Black Lung Benefits Act (30 U.S.C. 931 et seq.), and part C of title 4 of
				the Federal Coal Mine and Safety Act (30 U.S.C. 901 et seq.), but not including
				the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to as the
				Federal Employer’s Liability Act).
									(ii)Inclusion of
				similar compensation planSuch term includes a similar compensation
				plan established by an employer that is funded by such employer or the
				insurance carrier of such employer to provide compensation to a worker of such
				employer for a work-related injury or illness.
									(E)Compromise
				agreementThe term compromise agreement means a
				workers’ compensation settlement agreement that—
									(i)applies to a
				workers’ compensation claim that is denied or contested, in whole or in part,
				by a workers’ compensation payer involved under the workers’ compensation law
				or plan (or similar compensation plan) applicable to the jurisdiction in which
				the agreement has been settled; and
									(ii)does not provide
				for a payment of the full amount of benefits sought or payable under the
				workers’ compensation claim.
									(F)Commutation
				agreementThe term commutation agreement means a
				workers’ compensation settlement agreement to settle all or a portion of a
				workers’ compensation claim, in which—
									(i)liability for past
				and future benefits is not disputed; and
									(ii)the parties to
				the agreement agree to include payment for future workers’ compensation
				benefits payable after the date on which the agreement becomes
				effective.
									.
				(b)Satisfaction of
			 secondary payer requirements through use of qualified Medicare set-asides under
			 workers’ compensation settlement agreementsSection 1862 of the Social Security Act (42
			 U.S.C. 1395y), as amended by subsection (a), is further amended by adding at
			 the end the following new subsection:

					(o)Treatment of
				qualified Medicare set-asides under workers’ compensation settlement
				agreements
						(1)Satisfaction of
				secondary payer requirements through use of qualified Medicare
				set-asides
							(A)Full
				satisfaction of claim obligations
								(i)In
				generalIf a workers’ compensation settlement agreement, related
				to a claim of a workers’ compensation claimant, includes a qualified Medicare
				set-aside, such set-aside shall satisfy any obligation with respect to the
				present or future payment reimbursement under subsection (b)(2), with respect
				to such claim. The Secretary shall have no further recourse, directly or
				indirectly, under this title.
								(ii)Rule of
				constructionNothing in this section shall be construed as
				requiring the submission of a Medicare set-aside to the Secretary.
								(B)Medicare
				set-aside and Medicare set-aside amount definedFor purposes of
				this subsection:
								(i)Medicare
				set-asideThe term Medicare set-aside means, with
				respect to a workers’ compensation settlement agreement, a provision in the
				agreement that provides for a payment of a lump sum, annuity, a combination of
				a lump sum and an annuity, or other amount that is in full satisfaction of the
				obligation described in subparagraph (A) for items and services that the
				workers’ compensation claimant under the agreement received or is likely to
				receive under the applicable workers’ compensation law and for which payment
				would be made under this title, but for subsection (b)(2)(A).
								(ii)Medicare
				set-aside amountThe term Medicare set-aside amount
				means, with respect to a Medicare set-aside, the amount described in clause
				(i).
								(2)Qualified
				Medicare set-aside
							(A)Requirements of
				qualified Medicare set-asideFor purposes of this subsection, the
				term qualified Medicare set-aside is a Medicare set-aside in which
				the Medicare set-aside amount reasonably takes into account the full payment
				obligation described in paragraph (1)(A), consistent with subparagraphs (B) and
				(C) and giving due consideration to the following:
								(i)The illness or
				injury giving rise to the workers’ compensation claim involved.
								(ii)The age and life
				expectancy of the claimant involved.
								(iii)The
				reasonableness of and necessity for future medical expenses for treatment of
				the illness or injury involved.
								(iv)The duration of
				and limitation on benefits payable under the workers’ compensation law or plan
				involved.
								(B)Items and
				services includedThe Medicare set-aside—
								(i)shall include
				payment for items and services that are authorized for payment under this title
				as of the effective date of the workers’ compensation settlement agreement
				involved and that are covered by the workers’ compensation law or plan
				involved; and
								(ii)is not required
				to provide for payment for items and services that are not described in clause
				(i).
								(C)Payment
				requirements
								(i)Required use of
				workers’ compensation fee schedule
									(I)In
				generalExcept in the cases of a Medicare set-aside deemed a
				qualified Medicare set-aside under paragraph (4)(A) or an optional direct
				payment of a Medicare set-aside made under paragraph (6)(A), the set-aside
				amount shall be based upon the payment amount for items and services under the
				workers’ compensation fee schedule (effective as of the date of the agreement)
				applicable to the workers’ compensation law or plan involved.
									(II)Workers’
				compensation fee schedule definedFor purposes of this subsection, the term
				workers’ compensation fee schedule means, with respect to a
				workers’ compensation law or plan of a State or a similar plan applicable in a
				State, the schedule of payment amounts the State has established to pay
				providers for items and services furnished to workers who incur a work-related
				injury or illness as defined under such law or plan (or in the absence of such
				a schedule, the applicable medical reimbursement rate under such law or
				plan).
									(ii)Required
				payment adjustment for certain feesThe Medicare set-aside amount
				otherwise computed shall be reduced by—
									(I)the amount of the
				direct costs and expenses incurred in establishing, administering, or securing
				approval for the Medicare set-aside; and
									(II)the proportional
				share of other costs and expenses (including fees for attorneys, third-party
				vendors, and administrators) incurred by the claimant or payer in entering into
				the workers’ compensation settlement agreement involved.
									(iii)Optional
				proportional adjustment for compromise settlement agreements
									(I)In
				generalIn the case of a
				compromise settlement agreement, a workers’ compensation claimant or workers’
				compensation payer who is party to the agreement may elect (but is not
				required) to calculate the Medicare set-aside amount of the agreement by
				applying a percentage reduction to the Medicare set-aside amount for the total
				settlement amount that could have been payable under the applicable workers’
				compensation law or similar plan involved had the denied or contested portion
				of the claim not been subject to a compromise agreement. The percentage
				reduction shall be equal to the denied or contested percentage of such total
				settlement. Such election may be made by a party to the agreement only with the
				written consent of the other party to the agreement.
									(II)ApplicationIf
				the workers’ compensation claimant or workers’ compensation payer elects to
				calculate the Medicare set-aside amount under this clause, the Medicare
				set-aside shall be deemed a qualified Medicare set-aside.
									(3)Process for
				approval of qualified Medicare set-asides
							(A)Optional prior
				approval by SecretaryA party
				to a workers’ compensation settlement agreement that includes a Medicare
				set-aside may submit to the Secretary the set-aside, including appropriate
				supporting documentation specified by the Secretary, for approval of the
				set-aside as a qualified Medicare set-aside. The set-aside shall be submitted
				in accordance with a procedure specified by the Secretary.
							(B)Automatic
				approval unless disapprovedA
				Medicare set-aside submitted under subparagraph (A) shall be deemed a qualified
				Medicare set-aside unless the Secretary determines and provides notice under
				subparagraph (C) that the Medicare set-aside does not satisfy the requirements
				of paragraph (2)(A) because the amount of the proposed Medicare set-aside is
				based on a substantial material error and is not supported by the documentation
				submitted under subparagraph (A).
							(C)Notice of
				determination of disapprovalNot later than 60 days after the
				date on which the Secretary receives a submission under subparagraph (A), the
				Secretary shall notify in writing the parties to the workers’ compensation
				settlement agreement of the determination under subparagraph (B). If the
				determination disapproves such submission the Secretary shall include with such
				notification the specific reasons for the disapproval. A determination that
				disapproves a submission is not valid if the determination does not include a
				specific explanation of each deficiency of the submission.
							(4)Safe harbor for
				certain Medicare set-asides
							(A)In
				generalA Medicare set-aside of a workers’ compensation
				settlement agreement shall be deemed a qualified Medicare set-aside if the
				Medicare set-aside amount is the safe harbor amount for the agreement and if
				the present value of the workers’ compensation settlement agreement (as
				determined under subsection (n)(3)) does not exceed, subject to subparagraph
				(D), $250,000.
							(B)Safe harbor
				amount definedFor purposes
				of this paragraph, the term safe harbor amount means, for a
				workers’ compensation settlement agreement, 10 percent of the present value of
				the agreement (as determined under subsection (n)(3)).
							(C)Rule of
				constructionIn the case of a workers’ compensation settlement
				agreement with a Medicare set-aside that is deemed a qualified Medicare
				set-aside under subparagraph (A), the fact that the workers’ compensation
				claimant or workers’ compensation payer involved may elect direct payment under
				paragraph (6)(A) or an adjustment under paragraph (2)(C)(iii) shall not be
				construed as prohibiting such claimant or payer from basing the set-aside
				amount on the safe harbor amount for such agreement.
							(D)RulesThe
				Secretary may adopt rules for an increase in the dollar amount specified under
				subparagraph (A). Such rules may provide that the increase in such dollar
				amount be the same percentage increase as the percentage increase in the dollar
				amount effected under the last sentence of subsection (n)(2).
							(5)Appeals
							(A)In
				generalA party to a workers’ compensation settlement agreement
				that is dissatisfied with a determination under paragraph (3)(B), upon filing a
				request for reconsideration with the Secretary not later than 60 days after the
				date of notice of such determination, shall be entitled to—
								(i)reconsideration of
				the determination by the Secretary (with respect to such determination);
								(ii)a
				hearing before an administrative judge thereon; and
								(iii)judicial review
				of the Secretary’s final determination after such hearing.
								(B)Deadlines for
				decisions
								(i)Reconsiderations
									(I)In
				generalThe Secretary shall conduct and conclude a
				reconsideration of a determination under paragraph (3)(B) and mail the notice
				of the decision of such reconsideration by not later than the last day of the
				30-day period beginning on the date that a request for such reconsideration has
				been timely filed.
									(II)Appeals of
				reconsiderationsIf a party to the workers’ compensation
				settlement involved is dissatisfied with the Secretary’s decision under
				subclause (I), that party may file an appeal within the 30-day period after the
				date of receipt of the notice of the decision under such subclause and request
				a hearing before an administrative law judge.
									(III)Failure by
				Secretary to provide noticeIn the case of a failure by the
				Secretary to mail the notice of the decision under subclause (I) by the last
				day of the period described in such subclause, the party requesting the
				reconsideration may request a hearing before an administrative law judge,
				notwithstanding any requirements for a reconsideration of a determination for
				purposes of the party’s right to such hearing.
									(ii)Hearings
									(I)In
				generalAn administrative law judge shall conduct and conclude a
				hearing on a decision of the Secretary under clause (i) and render a decision
				on such hearing by not later than the last day of the 90-day period beginning
				on the date that a request for such hearing has been timely filed.
									(II)Judicial
				reviewA decision under subclause (I) by an administrative law
				judge constitutes a final agency action and is subject to judicial
				review.
									(III)Failure by
				administrative law judge to render timely decisionIn the case of
				a failure by an administrative law judge to render a decision under subclause
				(I) by the last day of the period described in such subclause, the party
				requesting the hearing may seek judicial review of the decision under clause
				(i), notwithstanding any requirements for a hearing for purposes of the party’s
				right to such judicial review.
									(6)Administration
				of Medicare set-aside provisions; protection from certain liability
							(A)Optional direct
				payment of Medicare set-aside amount
								(i)Election for
				direct payment of Medicare set-asideWith respect to a claim for
				which a workers’ compensation settlement agreement is established, a workers’
				compensation claimant or workers’ compensation payer who is party to the
				agreement may elect, but is not required, to transfer to the Secretary a direct
				payment of the qualified Medicare set-aside or an annuity purchased to directly
				fund the set-aside amount. With respect to a qualified Medicare set-aside paid
				directly to the Secretary, the parties involved may calculate the Medicare
				set-aside amount of such set-aside using any of the following methods:
									(I)In the case of any
				Medicare set-aside deemed a qualified Medicare set-aside under paragraph
				(4)(A), the amount calculated in accordance with such paragraph.
									(II)In the case of
				any Medicare set-aside of a compromise settlement agreement under paragraph
				(2)(C)(iii), the amount calculated in accordance with such paragraph.
									(III)In the case of any Medicare set-aside, the
				amount based upon the payment amount for items and services under the workers’
				compensation fee schedule (effective as of the date of the agreement)
				applicable to the workers’ compensation law or plan involved, in accordance
				with paragraph (2)(C)(i)(I).
									(IV)In the case of any
				Medicare set-aside, the payment amount applicable to the items and services
				under this title as in effect on the effective date of the agreement.
									Such transfer shall be in accordance
				with a procedure established by the Secretary and shall be made only upon
				written consent of the other party to the agreement.(ii)Election
				satisfying liabilityAn
				election made under clause (i), with respect to a qualified Medicare set-aside
				shall satisfy any payment, in relation to the underlying claim of the related
				workers’ compensation settlement agreement, required under subsection (b)(2) to
				be made by the claimant or payer to the Secretary. The Secretary shall have no
				further recourse, directly or indirectly, under this title.
								(B)Requirement for
				timely notice of Medicare repayments owed by workers’ compensation claimant or
				payer to Secretary
								(i)In
				generalNot later than 90 days after the date on which the
				Secretary receives a request from a workers’ compensation claimant or workers’
				compensation payer for documentation of any conditional payment made under
				subsection (b)(2)(B)(i) on behalf of the claimant, the Secretary shall provide
				to the claimant or payer such documentation. Such documentation shall be
				sufficient for the claimant or payer to make a reasonable determination whether
				such a payment was for an item or service furnished in connection with the
				claimant’s work related injury or illness involved. The claimant or payer may
				rely on the documentation provided under this clause in making such
				determination. Payment of the amount of the conditional payment, after
				deducting from such amount any procurement costs involved and any costs for
				unrelated and inappropriate items or services, shall discharge further
				liability with respect to the conditional payment.
								(ii)Liability for
				reimbursements related to requested informationIf the Secretary
				fails to provide information in accordance with clause (i), then neither the
				claimant nor the payer described in such clause shall be liable for any
				reimbursement under subsection (b)(2)(B) with respect to the conditional
				payment for which information was requested under such clause.
								(C)Protection from
				certain liability
								(i)Liability for
				Medicare set-aside payment greater than payment under workers’ compensation
				lawNo workers’ compensation
				claimant, workers’ compensation payer, employer, administrator of the Medicare
				set-aside, legal representative of the claimant, payer, employer, or
				administrator, or any other party related to the claimant, payer, employer, or
				administrator shall be liable for any payment amount established under a
				Medicare set-aside for an item or service provided to the claimant that is
				greater than the payment amount for the item or service established under the
				workers’ compensation fee schedule (or in the absence of such schedule, the
				medical reimbursement rate) under the compensation law or plan of the
				jurisdiction where the agreement will be effective.
								(ii)Liability for
				provider charges greater than payment under workers’ compensation
				agreementWith respect to a
				workers’ compensation settlement agreement, a provider may not bill (or collect
				any amount from) the workers’ compensation claimant, workers’ compensation
				payer, employer, administrator of the Medicare set-aside, legal representative
				of the claimant, payer, employer, or administrator, or any other party related
				to the claimant, payer, employer, or administrator an amount for items and
				services provided to the claimant that is greater than the payment rate for
				such items and services established under the Medicare set-aside of the
				agreement. No person is liable for payment of any amounts billed for an item or
				service in violation of the previous sentence. If a provider willfully bills
				(or collects an amount) for such an item or service in violation of such
				sentence, the Secretary may apply sanctions against the provider in accordance
				with section 1842(j)(2) in the same manner as such section applies with respect
				to a physician. Paragraph (4) of section 1842(j) shall apply under this clause
				in the same manner as such paragraph applies under such section.
								(D)Authority to
				modify or terminate qualified Medicare set-asides
								(i)In case of death
				of claimantAt any time after the death of a workers’
				compensation claimant, an individual entitled (after such death) to
				disbursement of the funds remaining in the Medicare set-aside involved in the
				workers’ compensation claim of the claimant may submit to the Secretary a
				request to terminate the Medicare set-aside upon a showing of the death and
				payment of all claims that are subject to this subsection.
								(ii)In the case of
				medical improvement or change of circumstancesAt any time after
				the date that is five years after the date of qualification of a Medicare
				set-aside involved, the workers’ compensation claimant involved may submit to
				the Secretary a request to modify or terminate the Medicare set-aside upon a
				showing of a substantial medical improvement of the claimant, with respect to
				the injury or illness involved, or of changed circumstances of the claimant
				that justify a reduction of the funds of the Medicare set-aside (as in
				existence on the date of such request) by at least 25 percent.
								(iii)Notice
				requiredThe Secretary may
				not approve a request submitted under clause (i) or (ii) to modify or terminate
				a Medicare set-aside unless the workers’ compensation claimant involved or the
				individual entitled to disbursement (as described in clause (i)) includes with
				such request the following:
									(I)Assurances
				satisfactory to the Secretary that at the time of the submission of such
				request the claimant or individual entitled to disbursement sent notice of such
				request to any party that has a reversionary interest to such request and that
				is specifically designated in the Medicare set-aside for receipt of such
				notice.
									(II)Assurances
				satisfactory to the Secretary that such notice was sent by certified mail to
				the address of record of such designated party.
									(III)A copy of such
				notice.
									(iv)Process for
				approval of applications to modify or terminate qualified Medicare set-asides
				in the case of medical improvement or change of
				circumstancesSubparagraphs (B) and (C) of paragraph (3) shall
				apply to requests submitted to the Secretary under clause (ii) to modify or
				terminate a Medicare set-aside in the same manner as such subparagraphs apply
				to Medicare set-aside agreements submitted to the Secretary under subparagraph
				(A) of such paragraph to be deemed qualified Medicare set-asides. In applying
				such subparagraphs (B) and (C), any reference to such subparagraph (A) shall be
				deemed a reference to clause (ii), and any reference in such subparagraph (B)
				to the requirements of paragraph (2)(A) shall be deemed to
				include a reference to the showing required under clause (ii).
								(v)Effective dates
				for modifications and terminations
									(I)For death of
				claimantIn the case of a termination request under clause (i)
				that is approved, the termination shall take effect on the latter of the date
				on which the showing described in such clause has been provided to the
				Secretary, or the date that is 60 days after the date on which the individual
				entitled to disbursement of the funds remaining in the Medicare set-aside
				involved sends the notice under clause (iii) to the party designated for
				receipt of such notice.
									(II)For medical
				improvement or change of circumstancesIn the case of a
				modification request or termination request under clause (ii) that is approved
				according to clause (iv), the modification or termination, respectively, shall
				take effect on the latter of the date of the approval or the date that is 60
				days after the date on which the workers’ compensation claimant involved sends
				the notice under clause (iii) to the party designated for receipt of such
				notice.
									(vi)Treatment of
				remaining Medicare set-aside fundsUpon termination or
				modification under this paragraph, any funds released from the set-aside shall
				revert pursuant to the terms of the settlement agreement, or if there is no
				reversionary clause, then such remaining funds shall be disbursed pursuant to
				the applicable State law.
								(7)Treatment of
				State workers’ compensation lawFor purposes of this subsection
				and subsection (n), if a workers’ compensation settlement agreement is
				accepted, reviewed, approved, or otherwise finalized in accordance with the
				workers’ compensation law of the jurisdiction in which such agreement will be
				effective, such acceptance, review, approval, or other finalization shall be
				deemed conclusive as to any and all matters within the jurisdiction of the
				workers’ compensation law, including the determination of the total amount that
				could have been payable for a claim which is the subject of a compromise
				agreement in accordance with paragraph (2)(C)(iii). A determination made by
				applicable authority for a jurisdiction that a workers’ compensation settlement
				agreement is in accordance with the workers’ compensation law of the
				jurisdiction shall not be subject to review by the
				Secretary.
						.
			(c)Conforming
			 amendmentsSection 1862(b) of the Social Security Act (42 U.S.C.
			 1395y(b)), as amended by subsection (a), is further amended—
				(1)in paragraph
			 (2)(B)(ii), by striking A primary plan and inserting
			 Subject to subsections (n) and (o), a primary plan;
				(2)in paragraph
			 (2)(B)(iii)—
					(A)in the first
			 sentence, by striking In order to recover payment and inserting
			 Subject to subsection (o), in order to recover payment;
			 and
					(B)in the third
			 sentence, by striking In addition and inserting Subject
			 to subsection (o), in addition; and
					(3)in paragraph
			 (3)(A), by striking There is established a private cause of
			 action and inserting Subject to subsection (o), there is
			 established a private cause of action.
				(d)Modernizing
			 terminology for purposes of Medicare secondary payer
			 provisionsParagraph (2)(A) of such section is amended by
			 striking workmen’s compensation law or plan and inserting
			 workers’ compensation law or plan each place it appears.
			3.Limitation on
			 additional liability; severability
			(a)Limitation on
			 additional liability under current agreements except for
			 fraudNothing in the Medicare secondary payer provisions in
			 section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) shall authorize
			 the Secretary of Health and Human Services to impose liability that is
			 additional to the liability in effect on the date of the enactment of this Act
			 with respect to a workers’ compensation settlement agreement the effective date
			 of which is before such date of enactment, except in the case of fraud.
			(b)SeverabilityIf any provision of this Act or the
			 amendments made by this Act or the application thereof to any person or
			 circumstance is held invalid, the remainder of this Act, the amendments made by
			 this Act, or the application thereof to other persons not similarly situated or
			 to other circumstances shall not be affected by such invalidation.
			4.Effective
			 dateThe amendments made by
			 section 2 shall apply to a workers’ compensation settlement agreement with an
			 effective date on or after the date of the enactment of this Act.


110 HR 1247 IH: 9/11 Comprehensive Health Benefits Act of

U.S. House of Representatives
2007-02-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1247
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2007
			Mr. Nadler (for
			 himself, Mr. Ackerman,
			 Mr. Bishop of Georgia,
			 Ms. Corrine Brown of Florida,
			 Mrs. Christensen,
			 Ms. Clarke,
			 Mr. Crowley,
			 Ms. DeLauro,
			 Mr. Engel,
			 Mr. Al Green of Texas,
			 Mr. Grijalva,
			 Mr. Hastings of Florida,
			 Mr. Higgins,
			 Mr. Hinchey,
			 Mr. Holt, Mr. Israel, Mr.
			 Kucinich, Ms. Matsui,
			 Mrs. McCarthy of New York,
			 Mr. Meehan,
			 Mr. Meeks of New York,
			 Mr. George Miller of California,
			 Ms. Norton,
			 Mr. Oberstar,
			 Mr. Pascrell,
			 Mr. Rush, Mr. Serrano, Ms.
			 Slaughter, Ms. Velázquez,
			 Mr. Weiner,
			 Mr. Bishop of New York, and
			 Mr. Conyers) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide for comprehensive health benefits for the relief of individuals whose
		  health was adversely affected by the 9/11 disaster.

		1.Short titleThis Act may be cited as the
			 9/11 Comprehensive Health Benefits Act
			 of 2007.
		2.Medicare-based
			 eligibility and benefits for individuals with a 9/11 disaster-connected health
			 condition
			(a)In
			 generalTitle XVIII of the
			 Social Security Act is amended by inserting after section 1808 the following
			 new section:

					1809.Benefits for individuals with a 9/11 disaster-connected
		  health condition(a)In
				generalEvery 9/11 impacted individual (as defined in subsection
				(b)(1)(A)) who has a 9/11 disaster-connected health condition (as defined in
				subsection (b)(2))—
							(1)is entitled to
				9/11-related benefits (as defined in subsection (c)(1)) under this title
				without payment of any premium; and
							(2)if the individual is not otherwise entitled
				to benefits under part A (or enrolled under part B), is eligible to enroll
				under subsection (d) for benefits under parts A, B, and D that are in addition
				to the 9/11-related benefits provided under paragraph (1).
							Paragraph
				(1) shall apply regardless of whether or not the individual is otherwise
				entitled to benefits under part A, B, or D. Paragraph (2) shall apply
				regardless of whether the individual is covered under a group health plan or
				otherwise has other health insurance or benefits coverage.(b)Eligibility
							(1)9/11
				impacted individual defined
								(A)In
				generalFor purposes of this section, the term 9/11
				impacted individual means any of the following:
									(i)Emergency
				services or rescue and recovery personnelAny emergency services
				or rescue and recovery personnel who responded to the 9/11 New York terrorist
				attacks at any time during the period beginning on September 11, 2001, and
				ending on August 31, 2002.
									(ii)Individuals
				exposed to hazardous substances, pollutants, or contaminantsAny individual exposed in New York City to
				hazardous substances, pollutants, or contaminants released from the collapse of
				the World Trade Center that occurred in the 9/11 New York terrorist attacks or
				from the fires that occurred, or from the handling of resulting debris,
				thereafter.
									(iii)Other
				individualsAny other individual whom the Secretary determines to
				be appropriate.
									(B)Emergency
				services or rescue and recovery personnel includedFor purposes
				of this paragraph, the term emergency services personnel or rescue and
				recovery personnel includes any of the following:
									(i)A Federal, State, or city employee who
				responded to the 9/11 New York terrorist attacks.
									(ii)An individual who, as a worker or
				volunteer, was involved in clean-up, repair, or infrastructure restoration
				activities related to the 9/11 New York terrorist attacks.
									(iii)An individual participating in a search and
				rescue team, or who assisted in the recovery of human remains, after the 9/11
				New York terrorist attacks.
									(iv)Any other relief or rescue worker who the
				Secretary determines to be appropriate.
									(C)Presumption of
				exposure to hazardous substances, pollutants, or contaminants
									(i)In
				generalAn individual shall
				be treated as described in subparagraph (A)(ii) if the individual resided,
				owned a business, was employed, or attended school, child care, or adult day
				care in a building that was exposed to hazardous substances, pollutants, or
				contaminants released from the collapse of the World Trade Center that occurred
				during such attacks on or after September 11, 2001 or from the fires that
				occurred, or from the handling of resulting debris, thereafter.
									(ii)Treatment of
				buildingsFor purposes of
				clause (i), any building in Manhattan, Brooklyn, Queens, Staten Island, or
				Northern New Jersey (as delineated by the Secretary) shall be treated as being
				described in such clause if there is evidence that the building was exposed to
				hazardous substances, pollutants, or contaminants released from the collapse of
				the World Trade Center or from the fires that occurred thereafter at any time
				during the period beginning on September 11, 2001, and ending on December 31,
				2001.
									(2)9/11
				disaster-connected health condition defined
								(A)In
				generalFor purposes of this
				section, the term 9/11 disaster-connected health condition means
				an adverse health condition (including the exacerbation of a pre-existing
				health condition), which also may be an adverse mental health condition, that,
				in the judgment of a qualified medical practitioner (including a therapist in
				the case of an adverse mental health condition), can reasonably be considered
				to be associated with exposure to the 9/11 New York terrorist attacks.
								(B)9/11
				New York terrorist attacks definedFor purposes of this section,
				the term 9/11 New York terrorist attacks means the terrorist
				attacks that occurred on September 11, 2001, in New York City, New York.
								(C)Treatment of
				adverse mental health conditionFor purposes of subparagraph (A),
				an individual shall be considered to have a 9/11 disaster-connected health
				condition if the individual has an adverse emotional or psychological health
				impact that—
									(i)has been formally
				diagnosed by a qualified medical practitioner or therapist; and
									(ii)can be reasonably considered, in the
				judgment of such practitioner or therapist, to be associated with exposure to
				the 9/11 New York terrorist attacks.
									(3)CriteriaNot later than 30 days after the date of
				establishment of the Consortium established under section 3 of the
				9/11 Comprehensive Health Benefits Act of
				2007, the Secretary, in consultation with such Consortium, shall
				initially develop standardized criteria for medical practitioners to consult
				with for assistance in their determination of whether an individual has a 9/11
				disaster-connected health condition consistent with this subsection. The
				Secretary shall periodically review such criteria and may, from time to time
				and in consultation with the Consortium, modify such criteria as the Secretary
				determines appropriate.
							(4)Appeals
				processThe Secretary shall
				specify a process for the appeal of a determination that an individual is not
				eligible for benefits under this section. Such process shall be consistent with
				the process under section 1869 for the appeal of a determination that an
				individual is entitled to benefits under parts A and B.
							(5)Treatment of
				nonresidents and undocumented aliensNothing in this section
				shall be construed as making an individual ineligible for benefits under this
				section because the individual is not a resident of New York or the United
				States or because the individual is an alien or is not authorized to reside in
				the United States. Nothing in this paragraph shall be construed to provide for
				any benefits under this title for items and services furnished outside the
				United States, except as may otherwise be authorized under this title.
							(c)9/11-related
				benefits defined
							(1)In
				generalFor purposes of this section, the term 9/11-related
				benefits means benefits under parts A, B, and D for the treatment of any
				9/11 disaster-related health condition, subject to the following modifications
				with respect to such treatment:
								(A)No
				cost-sharingNo deductibles,
				coinsurance, copayments, or other cost-sharing shall be applicable.
								(B)Elimination of
				day or dollar limitationsAny day or dollar limitations on
				coverage with respect to such treatment, including such limitations under
				sections 1812, 1833(g), and 1860D–2(b)(3), shall not be applicable.
								(2)Entitlement
				without premiumsAn individual entitled to 9/11-related benefits
				under this section is deemed to be entitled to benefits under parts A, B, and D
				with respect to such 9/11-related benefits without requirement for payment for
				any premium. The entitlement to such benefits shall begin on the date that the
				individual is determined to be eligible for such benefits, but in no case
				before the date of the enactment of this section.
							(3)Relation to part
				CExcept in the case of an
				individual enrolled under part A or B under subsection (d) or otherwise,
				9/11-related benefits are not available through enrollment in a Medicare
				Advantage plan under part C.
							(d)Enrollment
				option for additional medicare benefits
							(1)In
				generalWith respect to the enrollment option described in
				subsection (a)(2), an eligible individual may enroll under part A or B (or
				both), and under part D, in a manner and form prescribed in regulations. Such
				regulations shall provide for continuous open enrollment for such
				individuals.
							(2)Premiums
								(A)In
				generalExcept as provided in this paragraph, the premium for
				enrollment under part A under this subsection shall be the same as the premium
				established under subsection (d) of section 1818 for enrollment under such
				section, subject to any reduction provided under such subsection.
								(B)Elimination of
				premium based on quarters of coverageNo premium shall be imposed under
				subparagraph (A) in the case of an individual if the individual would be
				entitled, based solely on the number of quarters of coverage under title II, to
				benefits under part A under section 226(a), 226(b), or 226A.
								(C)No late
				enrollment penaltyAn
				individual enrolling under part A, B, or D under this subsection shall not be
				subject to any late enrollment penalty, including under sections 1839(b) and
				1860D–13(b).
								(3)Enrollment under
				parts B and DFor purposes of parts B and D, in the case of an
				individual eligible to enroll under this subsection, the individual’s initial
				enrollment period under such parts shall be treated as beginning on the date of
				such eligibility and having no end date.
							(4)Coverage
								(A)In
				generalThe period (in this subsection referred to as a
				coverage period) during which an individual enrolled under this
				subsection is entitled to benefits under the respective part shall begin on the
				first day of the first month that begins at least 15 days after the date of the
				individual’s enrollment under such part.
								(B)TerminationAn individual's coverage period under this
				subsection under a part shall continue until the individual's enrollment under
				such part is terminated as follows:
									(i)As
				of the month following the month in which the individual files notice that the
				individual no longer wishes to be enrolled in the part under this
				subsection.
									(ii)For nonpayment of
				any applicable premiums under such part.
									(iii)With respect to
				coverage under part D, as of the month in which the individual is neither
				enrolled in part A nor enrolled in part B.
									The
				termination of a coverage period under clause (ii) shall take effect on a date
				determined under regulations, which may be determined so as to provide a grace
				period in which overdue premiums may be paid and coverage continued. The grace
				period determined under the preceding sentence shall not exceed 90 days; except
				that it may be extended to not to exceed 180 days in any case where the
				Secretary determines that there was good cause for failure to pay the overdue
				premiums within such 90-day period.(e)Payment-related
				provisions
							(1)Authorization of
				appropriations to cover additional benefitsThere are authorized
				to be appropriated to the Federal Hospital Insurance Trust Fund and the Federal
				Supplementary Medical Insurance Trust Fund, and the Medicare Prescription Drug
				Account in such Trust Fund, such sums as may be necessary to cover the costs
				under such Trust Funds and Account of providing benefits under this section,
				net of any premiums paid with respect to such benefits under subsection
				(d).
							(2)Reimbursement of
				prescription drug plans and MA plans for 9/11-related
				benefitsWith respect to benefits under a prescription drug plan
				under part D or under a Medicare Advantage plan under part C, the Secretary
				shall provide for reimbursement to the plan from the appropriate Trust Funds
				and Accounts under this title for the cost of 9/11-related benefits provided
				under the plan under this section, including costs related to the application
				of the benefit modifications described in subsection
				(c)(1).
							.
			(b)Nondiscrimination
			 in health benefits; Medicare made primary payer for treatment of 9/11
			 disaster-connected health conditions
				(1)Nondiscrimination
			 requirementSection 1862(b) of such Act (42 U.S.C. 1395y(b)) is
			 amended—
					(A)by redesignating
			 subparagraph (D) of paragraph (1) as subparagraph (G) and by moving it to the
			 end of such paragraph;
					(B)by inserting after
			 subparagraph (C) of paragraph (1) the following new subparagraph:

							(D)Individuals with
				a 9/11-disaster connected health condition
								(i)In
				generalA group health plan,
				individual health insurance coverage, or any other form of health benefits
				coverage—
									(I)may not take into
				account that an individual who is covered under the plan or coverage is
				entitled to 9/11-related benefits under this title under section 1809 or is
				eligible for benefits under this title under subsection (a)(2) of such section;
				and
									(II)shall provide that any individual described
				in subclause (I) shall be entitled to the same benefits under the plan or
				coverage under the same conditions as any similarly situated individual who is
				so described.
									(ii)Enforcement
									(I)Civil money
				penaltiesAny plan or
				coverage that violates clause (i) is subject to a civil money penalty of not to
				exceed $25,000 for each such violation. The provisions of section 1128A (other
				than subsections (a) and (b)) shall apply to a civil money penalty under the
				previous sentence in the same manner as such provisions apply to a penalty or
				proceeding under section 1128A(a).
									(II)Private cause
				of actionAn individual
				adversely affected by a violation of clause (i) may bring a private cause of
				action to enjoin the violation and to obtain damages (which shall be in an
				amount double the amount otherwise provided and may include reasonable
				attorney’s fees) resulting from such a
				violation.
									;

					(C)in the second
			 sentence of paragraph (2)(A), by inserting after large group health
			 plan the following: or other coverage described in paragraph
			 (1)(D)(i);
					(D)in paragraph
			 (2)(B)(vi), by inserting or other coverage described in paragraph
			 (1)(D)(i) after employer group health plan; and
					(E)in paragraph
			 (3)(C)—
						(i)in
			 the heading by inserting or other coverage after
			 large group health
			 plan; and
						(ii)by
			 inserting or other coverage described in paragraph (1)(D)(i)
			 after large group health plan.
						(2)Medicare made
			 primary payer for treatment of 9/11 disaster-connected health
			 conditionsSuch section is further amended in paragraph
			 (2)—
					(A)in subparagraph (A),
			 by striking subparagraph (B) and inserting subparagraphs
			 (B) and (D); and
					(B)by adding at the
			 end the following new subparagraph:

							(D)Medicare is
				primary payer for treatment of 9/11 disaster-connected health
				conditionsPayment under this
				title shall be made without regard to subparagraph (A) for an item or service
				for the treatment of a 9/11 disaster-connected health condition (as defined in
				section
				1809(b)(2)).
							.
					(c)Prohibition of
			 discrimination in workers’ compensation and employment
				(1)Workers’
			 compensation
					(A)Discrimination
			 prohibitedA workers’ compensation law or plan may not
			 discriminate against an individual by virtue of the individual’s entitlement to
			 benefits under title XVIII of the Social Security Act under section 1809 of
			 such Act, as inserted by subsection (a).
					(B)Private cause of
			 actionAn individual
			 adversely affected by a violation of subparagraph (A) may bring a private cause
			 of action to enjoin the violation and to obtain damages (which shall be in an
			 amount double the amount such individual was otherwise entitled to under such
			 law or plan and may include reasonable attorney’s fees) resulting from such a
			 violation.
					(2)Employment
					(A)Discrimination
			 prohibitedAn employer may not discriminate against an individual
			 in regards to hiring, advancement, compensation, or other terms, conditions,
			 and privileges of employment by virtue of the individual’s entitlement to
			 benefits under title XVIII of the Social Security Act under section 1809 of
			 such Act, as inserted by subsection (a).
					(B)EnforcementThe powers, remedies, and procedures
			 provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act
			 of 1964 (42 U.S.C. 2000e–4 et seq.) to the Equal Employment Opportunity
			 Commission, the Attorney General, or any person, alleging a violation of title
			 VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, remedies, and
			 procedures this subsection provides to the Equal Employment Opportunity
			 Commission, the Attorney General, or any person, respectively, alleging
			 discrimination in violation of subparagraph (A), except that any employer found
			 by a court to have intentionally engaged in discrimination in violation of
			 subparagraph (A) shall be additionally subject to a civil penalty of not to
			 exceed $25,000 for each such violation.
					(C)Employer
			 definedAs used in this paragraph, the term employer
			 has the same meaning given that term in section 101(5) of the Americans with
			 Disabilities Act of 1990 (42 U.S.C. 12112(5)).
					(d)Conforming
			 amendments
				(1)Application of
			 enrollment correction provisionsSection 1837(h) of the Social
			 Security Act (42 U.S.C. 1395p(h)) is amended by inserting or section
			 1809(d) after 1818.
				(2)Conforming
			 referenceThe second sentence of section 1818(a) of such Act (42
			 U.S.C. 1395i–2(a)) is amended by inserting or 1809(d) after
			 1818A .
				(3)Application of
			 QMB provisionsSection 1905(p)(1)(A) of such Act (42 U.S.C.
			 1396d(p)(1)(A)) is amended by inserting or 1809(d) after
			 1818.
				3.Consortium to
			 conduct screening, monitoring, treatment, and research regarding 9/11
			 disaster-connected health conditions
			(a)Establishment of
			 Consortium
				(1)In
			 generalNot later than 90 days after the date of the enactment of
			 this Act, the Secretary of Health and Human Services, in consultation with the
			 Director of the Centers for Disease Control and Prevention and the Director of
			 the National Institutes of Health, shall establish a consortium (in this
			 section referred to as the Consortium).
				(2)Composition
					(A)In
			 generalThe Consortium shall
			 consist of institutions, programs, and practitioners that have provided, or are
			 qualified to provide, screening, clinical examinations, or long-term health
			 monitoring and analysis and treatment regarding 9/11 disaster-connected health
			 conditions. The Consortium shall also include community-based organizations
			 with expertise in providing outreach to hard-to-reach affected
			 communities.
					(B)DirectorThe Consortium shall have a director,
			 appointed by the Secretary, who shall be a Federal official responsible for the
			 administration of the Consortium, including its governance and management. The
			 director also shall be the primary Federal official responsible for general
			 health issues relating to the 9/11 New York terrorist attacks.
					(C)Public
			 participation in governanceThe Secretary shall provide for public
			 participation, including representatives of affected communities or members of
			 affected populations, in the governance of the Consortium.
					(3)Duties
					(A)In
			 generalThe Consortium shall conduct and coordinate screening,
			 monitoring, treatment, and diagnostic research on the 9/11 disaster-connected
			 health conditions.
					(B)Specific
			 dutiesSpecifically, the Consortium shall—
						(i)conduct outreach to hard-to-reach affected
			 communities;
						(ii)develop diagnostic criteria for the
			 purposes of identifying latent and late-onset 9/11 disaster-connected health
			 conditions;
						(iii)develop treatments for 9/11
			 disaster-connected health conditions; and
						(iv)track the adverse health and mental health
			 conditions on historically underserved populations, including children, the
			 elderly, and minority populations.
						(4)Clinical
			 facilityThe Consortium shall have a clinical facility located in
			 Lower Manhattan, New York City.
				(b)Annual report by
			 NIHThe Director of the National Institutes of Health shall
			 submit to Congress an annual report describing the findings of research
			 conducted under this section.
			(c)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as may be required to carry out this section.
			(d)9/11
			 disaster-connected health conditionThe term 9/11 disaster-connected
			 health condition has the meaning given such term in section
			 1809(b)(2)(A) of the Social Security Act, as inserted by the amendment made by
			 section 2(a).


114 S2780 IS: Protections Against Terrorist Transfer Act of 2016
U.S. Senate
2016-04-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 2780
		IN THE SENATE OF THE UNITED STATES

			April 12, 2016
			Mr. Moran (for himself, Mr. Daines, Mr. Tillis, Mr. Blunt, Mr. Rubio, and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To amend section 1034 of the National Defense Authorization Act for Fiscal Year 2016 to strengthen
			 the certification requirements relating to the transfer or release of
			 detainees at
			 United States Naval Station, Guantanamo Bay, Cuba.

 1.Short titleThis Act may be cited as the Protections Against Terrorist Transfer Act of 2016. 2.Strengthening of certification requirements relating to the transfer or release of detainees at United States Naval Station, Guantanamo Bay, Cuba (a)Certification requirement generallySubsection (a) of section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 969; 10 U.S.C. 801 note) is amended—
 (1)in the subsection heading, by striking Prior; and (2)by striking paragraph (1) and inserting the following new paragraph (1):

 (1)In generalExcept as provided in paragraph (2), no amount authorized to be appropriated or otherwise made available for the Department of Defense or any other department, agency, or element of the United States Government may be used after the date of the enactment of the Protections Against Terrorist Transfer Act of 2016 to transfer, release, or assist in the transfer or release of any individual detained at Guantanamo to the custody or control of any foreign country or other foreign entity unless the Secretary of Defense certifies to the appropriate committees of Congress that the individual no longer poses a continuing threat to the security of the United States, its citizens, and its interests as described in subsection (b). The certification with respect to an individual shall be submitted not later than 30 days after the date on which the Secretary makes the determination that the individual no longer poses a continuing threat to the security of the United States, its citizens, and its interests..
 (b)Certification elementsSubsection (b) of such section is amended— (1)by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
 (2)by inserting before paragraph (2), as redesignated by paragraph (1) of this subsection, the following new paragraph (1):

 (1)the individual to be transferred or released no longer poses a continuing threat to the security of the United States, its citizens, and its interests;;
 (3)in paragraph (2), as so redesignated, by inserting or release after transfer; (4)by inserting or released after transferred each place it appears; and
 (5)in subparagraph (B) of paragraph (4), as so redesignated, by striking paragraph (2)(C) and inserting paragraph (3)(C). (c)Basis for certificationSuch section is further amended—
 (1)by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2)by inserting after subsection (b) the following new subsection (c):

						(c)Basis for certification
 (1)In generalIn making the certification described in subsection (b) with respect to an individual, the Secretary shall take into account and respond to each of the following:
 (A)The extent to which the individual was involved in or facilitated terrorist activities, including the extent to which the individual may have planned or participated in specific terrorist attacks.
 (B)The conduct of the individual when acting as part of, or substantially supporting, Taliban or al Qaeda forces, or the Islamic State of Iraq and the Levant (ISIL) or any other terrorist organization or forces, that are engaged in hostilities against the United States or its coalition partners.
 (C)The level of knowledge, skills, or training possessed by the individual that has been or could be used for terrorist purposes, including the following:
 (i)Training or ability to plan, lead, finance, organize, or execute acts of terrorism. (ii)Training or ability to facilitate the movement or training of terrorists.
 (iii)Any specialized training or operational experience, including training in paramilitary tactics, explosives, or weapons of mass casualty.
 (D)The nature and extent of the ties of the individual with individual terrorists, terrorist organizations, terrorist support networks, or other extremists.
 (E)Information pertaining to the likelihood that the individual intends to or is likely to engage in terrorist activities upon transfer or release.
 (F)Information pertaining to the likelihood that the individual will reestablish ties after transfer or release with terrorists, terrorist organizations, terrorist support networks, or other extremists that are engaged in hostilities against the United States or its coalition partners, and information pertaining to whether the group of which the individual was a part of at the time of capture is now defunct.
 (G)Information pertaining to the destination country, including, specifically, the following:
 (i)The presence of terrorist groups, instability, or other factors in that country that could negatively influence the potential of the individual to engage in terrorist activities upon transfer or release.
 (ii)The accessibility and likelihood the individual may contact or seek support from family, tribal, or known associates.
 (iii)The likelihood of rehabilitation or support for the individual by the receiving government or entity.
 (iv)The availability and credibility of measures by the receiving government or entity to mitigate substantially the assessed threat posed by the individual, including information regarding past detainee transfers to that country or entity, if applicable.
 (H)The likelihood the individual will be subject to trial by military commission, or any other law enforcement interest in the individual.
 (I)The conduct of the individual in the custody of the Department of Defense, including contact with any individual who is not a detainee, behavior, habits, traits, rehabilitation efforts, and whether the individual was considered a danger to other detainees or other individuals.
 (J)The physical and psychological condition of the individual, as assessed by a licensed professional. (K)Any other relevant factors bearing on the continuing threat to the security of the United States, its citizens, and its interests posed by the transfer or release of the individual.
 (L)Any other relevant information bearing on the national security and foreign policy interests of the United States or the interests of justice.
 (2)RecommendationsIn determining whether to make a certification described in subsection (b) on an individual, the Secretary shall take into account, and include with the certification, the recommendations and military value analyses of the following:
 (A)The Chairman of the Joint Chiefs of Staff. (B)The Chiefs of Staff of the Armed Forces, with respect to the effects of the transfer or release on military personnel with a residence for their permanent duty station in the geographic area, or forward deployed forces, in the foreign country concerned.
 (C)The commander of the geographic combatant command having the foreign country or entity to which the individual will be transferred or released within its area of operational responsibility.
 (D)The Commander of the United States Southern Command. (3)Provision to individualsEach individual covered by a certification described in subsection (b) shall be provided an unclassified written summary of the certification, in a language the individual understands, not earlier than 30 days after the Secretary submits the certification to the appropriate committees of Congress pursuant to subsection (a). The summary shall also be provided to the personal representative and private counsel of the individual..
 (d)Continuing threat definedSubsection (g) of such section, as redesignated by subsection (c)(1) of this section, is amended by adding at the end the following new paragraph:

 (5)The term continuing threat, means a threat to the security of the United States that may require any type of security measure by the United States or any other foreign country or other foreign entity associated with the transfer or release of a detainee.
					.
 (e)Additional conforming amendmentsParagraph (3) of subsection (f) of such section, as so redesignated, is amended— (1)by striking subsection (b)(2)(C) and inserting subsection (b)(3)(C); and
 (2)by striking subsection (b)(3) and inserting subsection (b)(4). (f)Clerical amendmentThe heading of such section is amended to read as follows:

					1034.Certification requirements relating to the transfer or release of detainees at United States Naval
			 Station, Guantanamo Bay, Cuba.


116 HR 1412 IH: Illegal Alien NICS Alert Act
U.S. House of Representatives
2019-02-27
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.

I116th CONGRESS1st SessionH. R. 1412IN THE HOUSE OF REPRESENTATIVESFebruary 27, 2019Mr. Steube (for himself, Mr. Collins of Georgia, Mr. Gaetz, Mr. Cline, Mr. Biggs, Mr. Buck, Mr. Reschenthaler, and Mr. Gohmert) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the national instant criminal background check system to notify U.S. Immigration and
			 Customs Enforcement and the relevant State and local law enforcement
			 agencies whenever the information available to the system indicates that a
			 person illegally or unlawfully in the United States may be attempting to
			 receive a firearm.

 1.Short titleThis Act may be cited as the Illegal Alien NICS Alert Act. 2.Requirement that NICS notify ICE and State and local law enforcement agencies of attempted receipt of firearm by person illegally or unlawfully in the United StatesSection 103(e) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)) is amended by adding at the end the following:

				(3)Requirement to notify ICE and State and local law enforcement agencies of attempted receipt of
 firearm by person illegally or unlawfully in the United StatesThe Attorney General shall ensure that, whenever the information available to the system established under this section indicates that a prospective firearm transferee is illegally or unlawfully in the United States, the system shall transmit to the Immigration and Customs Enforcement Agency and to relevant State and local law enforcement agencies a notice that the person may have attempted to receive a firearm in violation of section 922(g)(5) of title 18, United States Code, and shall include with the notice all relevant information possessed by the system..


114 S40 IS: Online Competition and Consumer Choice Act of 2015
U.S. Senate
2015-01-07
text/xml
EN
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II114th CONGRESS1st SessionS. 40IN THE SENATE OF THE UNITED STATESJanuary 7, 2015Mr. Leahy (for himself, Mr. Franken, Mr. Sanders, Mr. Whitehouse, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo direct the Federal Communications Commission to promulgate regulations that prohibit certain
 preferential treatment or prioritization of Internet traffic.1.Short titleThis Act may be cited as the Online Competition and Consumer Choice Act of 2015.2.FCC regulations prohibiting certain preferential treatment or prioritization of Internet traffic(a)In generalNot later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that—(1)prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and(2)prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices.(b)Rules of construction(1)Certain traffic not affectedNothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so.(2)Clarification of authorityNothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14–28 (relating to the matter of protecting and promoting the open Internet).(c)EnforcementFor purposes of sections 503(b) and 504 of the Communications Act of 1934 (47 U.S.C. 503(b); 504), this section shall be considered to be a part of such Act. With respect to enforcement under this section only, the following modifications of such section 503(b) shall apply:(1)Paragraph (5) shall not apply.(2)Paragraph (6) shall be applied by substituting the following: No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability..(d)DefinitionsIn this section:(1)AffiliateThe term affiliate has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).(2)Broadband Internet access serviceThe term broadband Internet access service has the meaning given such term in section 8.11 of title 47, Code of Federal Regulations.(3)Broadband providerThe term broadband provider means a provider of broadband Internet access service.(4)CommissionThe term Commission means the Federal Communications Commission.(5)Edge providerThe term edge provider means an individual, institution, or other entity that provides—(A)any content, application, or service over the Internet; or(B)a device used for accessing any content, application, or service over the Internet.(6)End userThe term end user means an individual, institution, or other entity that uses a broadband Internet access service.