		I
		111th CONGRESS
		2d Session
		H. R. 5684
		IN THE HOUSE OF REPRESENTATIVES

			July 1, 2010
			Mr. Cao introduced
			 the following bill; which was referred to the
			 Committee on Homeland
			 Security, and in addition to the Committee on
			 Transportation and
			 Infrastructure, 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 direct the Secretary of Homeland Security to
		  commission an independent review of the threat of a terrorist attack posed to
		  offshore energy infrastructure in the Gulf of Mexico, the vulnerabilities of
		  such infrastructure to such attacks, and the consequences of such attacks, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Maritime Infrastructure Security and
			 Counterterrorism Act.
		2.Independent
			 Review of risk Management
			(a)In
			 generalNot later than 60 days after the date of enactment of
			 this Act, the Secretary of Homeland Security, acting through the Commandant of
			 the Coast Guard, shall commission an independent review of—
				(1)the threats of
			 terrorist attack posed to offshore energy infrastructure in the Gulf of Mexico,
			 the vulnerabilities of such infrastructure to such attacks, and the
			 consequences of such attacks; and
				(2)whether the Coast
			 Guard can adequately secure such infrastructure in a manner that addresses the
			 current threat environment.
				(b)Included
			 infrastructureThe infrastructure examined by the study shall
			 include offshore facilities, mobile offshore drilling units, and other vessels
			 used for exploration, development, or production of energy.
			3.Security
			 Plans
			(a)Review of
			 existing plansNot later than 180 days after the date of
			 enactment of this Act, the Secretary of Homeland Security shall—
				(1)review all vessel
			 security plans approved under section 70103 of title 46, United States Code,
			 for mobile offshore drilling units and other vessels used for exploration,
			 development, or production of energy in the Gulf of Mexico; and
				(2)assess whether
			 such plans take into account the threats of terrorist attack posed to such
			 vessels, the vulnerabilities of such vessels to such attacks, and the
			 consequences of such attacks on such vessels.
				(b)Increased
			 frequency of reviewSection 70103(c) of title 46, United States
			 Code, is amended by adding at the end the following new paragraph:

					(9)The Secretary
				shall, at least every two years—
						(A)review each vessel
				security plan approved under this section for a mobile offshore drilling unit
				or other vessel used for exploration, development, or production of energy in
				the Gulf of Mexico; and
						(B)recommend
				countermeasures that should be implemented, at vessel operator’s expense,
				to—
							(i)make the vessel a
				less attractive target for terrorist attack; and
							(ii)more difficult
				for terrorists to
				attack.
							.
			(c)Risk
			 managementSection 70103(c) of title 46, United States Code, is
			 further amended by adding at the end the following new paragraph:

					(10)The Secretary
				shall conduct risk management according to the Department of Homeland
				Security’s National Infrastructure Protection Plan Risk Management framework to
				assess and manage risks of terrorist attacks in the Gulf of Mexico to offshore
				critical
				infrastructure.
					.
			4.Counterterrorism
			 Activities
			(a)In
			 generalThe Commandant of the Coast Guard shall—
				(1)by not later than
			 120 days after the date of enactment of this Act, plan counterterrorism
			 training for all Coast Guard Maritime Safety and Security Teams and the
			 Maritime Security Response Team; and
				(2)conduct exercises
			 in counterterrorism at least twice each year that focus on countering terrorist
			 threats and vulnerabilities to offshore facilities and include coordination
			 with State and local law enforcement.
				(b)Establishment
			 and permanent location of maritime safety and security teamNot later than 90 days after the date of
			 enactment of this Act, the Commandant of the Coast Guard shall establish and
			 permanently locate an additional Maritime Safety and Security Team in the area
			 of the Gulf of Mexico to provide advanced counterterrorism capabilities for
			 critical infrastructure in the area.
			5.Automatic
			 identification capabilitiesNot later than 180 days after the date of
			 enactment of this Act, the Commandant of the Coast Guard shall issue
			 regulations that require that all offshore maritime vessels, including offshore
			 facilities, mobile offshore drilling units, and other vessels used for
			 exploration, development, or production of energy, be equipped with automatic
			 identification capabilities for the purposes of monitoring vessel movements and
			 improving port security situational awareness.
		6.Aerial
			 surveillanceThe Coast Guard
			 and U.S. Customs and Border Protection shall coordinate the conduct of regular
			 aerial surveillance of the critical infrastructure in the Gulf of
			 Mexico.
		7.America’s
			 Waterway Watch Program
			(a)Short
			 titleThis section may be cited as the America’s Waterway Watch Act.
			(b)Sense of
			 CongressIt is the sense of Congress that the Secretary of
			 Homeland Security should establish, within the Department of Homeland Security,
			 citizen watch programs that promote voluntary reporting of suspected terrorist
			 activity and suspicious behavior.
			(c)America’s
			 Waterway Watch Program
				(1)In
			 generalThere is hereby established, within the Coast Guard, the
			 America’s Waterway Watch Program (hereinafter in this section referred to as
			 the Program).
				(2)PurposeThe
			 Secretary of Homeland Security, acting through the Commandant of the Coast
			 Guard, shall administer the Program in a manner that promotes voluntary
			 reporting of activities that may indicate that a person or persons may be
			 preparing to engage or engaging in a violation of law relating to a threat or
			 an act of terrorism (as that term is defined in section 3077 of title 18,
			 United States Code) against a vessel, facility, port, or waterway.
				(3)Information;
			 training
					(A)InformationThe
			 Secretary, acting through the Commandant, may establish, as an element of the
			 Program, a network of individuals and community-based organizations that
			 enhance the situational awareness within the Nation’s ports and waterways. Such
			 network shall, to the extent practicable, be conducted in cooperation with
			 Federal, State, and local law enforcement agencies.
					(B)TrainingThe
			 Secretary, acting through the Commandant, may provide training in—
						(i)observing and
			 reporting on covered activities; and
						(ii)sharing such
			 reports and coordinating the response by Federal, State, and local law
			 enforcement agencies.
						(4)Instructional
			 materials
					(A)In
			 generalThe Secretary of Homeland Security, acting through the
			 Commandant of the Coast Guard, may—
						(i)develop
			 instructional materials that—
							(I)provide
			 information on inland waterways, ports and harbors, and coastal regions for a
			 specific region, as well as specific vulnerabilities and threats common to a
			 specific region; and
							(II)promote voluntary
			 reporting of activities that may indicate that a person or persons may be
			 preparing to engage or engaging in a violation of law relating to a threat or
			 an act of terrorism (as that term is defined in section 3077 of title 18,
			 United States Code) against a vessel, facility, port, or waterway; and
							(ii)distribute such
			 materials to States, political subdivisions of the States, or non-governmental
			 organization that provide instruction on boating or vessel operation in
			 conjunction with any other instruction provided.
						(B)DisseminationThe Secretary, acting through the
			 Commandant—
						(i)shall ensure that
			 such materials are made available to any person or persons;
						(ii)is
			 authorized to require, as a condition of receipt of funding or materials,
			 pursuant to subparagraph (A), that the recipient of such funding or materials
			 develops a program to reach the widest possible audience; and
						(iii)utilize, as
			 appropriate, the Coast Guard Auxiliary for the education of the public and
			 dissemination of such materials.
						(C)Eligibility,
			 Federal assistanceThe receipt, use, and dissemination of such
			 materials shall not diminish the eligibility of any State, political
			 subdivision of such State, or non-governmental organization to receive Federal
			 assistance or reduce the amount of Federal assistance that such State,
			 political subdivision of such State, or non-governmental organization that
			 otherwise receive.
					(5)Voluntary
			 participationParticipation in the Program—
					(A)shall be wholly
			 voluntary;
					(B)shall not be a
			 prerequisite to eligibility for, or receipt of, any other service or assistance
			 from, or to participation in, any other program of any kind; and
					(C)shall not require
			 disclosure of information regarding the individual reporting covered activities
			 or, for proprietary purposes, the location of such individual.
					(6)DefinitionsIn
			 this subsection:
					(A)The term
			 covered activity means any suspicious transaction, activity, or
			 occurrence that involves, or is directed against, a vessel or facility (as that
			 term is defined in section 70101(2) of title 46, United States Code) indicating
			 that an individual or individuals may be preparing to engage, or engaging, in a
			 violation of law relating to—
						(i)a
			 threat to a vessel, facility, port, or waterway; or
						(ii)an
			 act of terrorism (as that term is defined in section 3077 of title 18, United
			 States Code).
						(B)The term
			 facility has the same meaning such term has in section 70101(2)
			 of title 46, United States Code.
					(7)Authorization of
			 appropriationsThere is
			 authorized to be appropriated for the purposes of this section $3,000,000 for
			 fiscal years 2011 through 2016. Such funds shall remain available until
			 expended.
				(d)CoordinationThe
			 Secretary shall coordinate the Program with other like watch programs. The
			 Secretary shall submit, concurrent with the President’s budget submission for
			 each fiscal year, through fiscal year 2017, a report on coordination of the
			 Program and like watch programs within the Department of Homeland Security to
			 the Committee on Homeland Security and Governmental Affairs of the Senate and
			 the Committee on Homeland Security of the House of Representatives.
			8.Transportation
			 Worker Identification Credential
			(a)In
			 generalNot later than 120
			 days after completing the pilot program under section 70105(k)(1) of title 46,
			 United States Code, to test TWIC access control technologies at port facilities
			 and vessels nationwide, the Secretary of Homeland Security shall submit to the
			 Committee on Homeland Security and the Committee on Transportation and
			 Infrastructure of the House of Representatives, the Committee on Commerce,
			 Science, and Transportation of the Senate, and the Committee on Homeland
			 Security and Governmental Affairs of the Senate and to the Comptroller General
			 a report containing an assessment of the results of the pilot. The report shall
			 include—
				(1)the findings of
			 the pilot program with respect to key technical and operational aspects of
			 implementing TWIC technologies in the maritime sector;
				(2)a
			 comprehensive listing of the extent to which established metrics were achieved
			 during the pilot program; and
				(3)an analysis of the
			 viability of those technologies for use in the maritime environment, including
			 any challenges to implementing those technologies and strategies for mitigating
			 identified challenges.
				(b)GAO
			 assessmentThe Comptroller General shall review the report and
			 submit to the Committee on Homeland Security and the Committee on
			 Transportation and Infrastructure of the House of Representatives, the
			 Committee on Commerce, Science, and Transportation of the Senate, and the
			 Committee on Homeland Security and Governmental Affairs of the Senate an
			 assessment of the report’s findings and recommendations.
			9.Review of
			 interagency operational centers
			(a)In
			 generalWithin 1 year of enactment of this Act, the Department of
			 Homeland Security Inspector General shall provide a report to the Committee on
			 Homeland Security and the Committee on Transportation and Infrastructure of the
			 House of Representatives and the Committees on Homeland Security and
			 Governmental Affairs and Commerce, Science, and Transportation of the Senate
			 concerning the establishment of Interagency Operational Centers for Port
			 Security required by section 108 of the SAFE Port Act (Public Law
			 109–347).
			(b)ReportThe
			 report shall include—
				(1)an examination of
			 the Department’s efforts to establish the Interagency Operational
			 Centers;
				(2)a
			 timeline for construction;
				(3)a
			 detailed breakdown, by center, as to the incorporation of those representatives
			 required by section 70107A(b)(3) of title 46, United States Code;
				(4)an analysis of the
			 hurdles faced by the Department in developing these centers;
				(5)information on the
			 number of security clearances attained by State, local, and tribal officials
			 participating in the program; and
				(6)an examination of
			 the relationship between the Interagency Operational Centers and State, local,
			 and regional fusion centers participating in the Department of Homeland
			 Security’s State, Local, and Regional Fusion Center Initiative under section
			 511 of the Implementing the Recommendations of the 9/11 Commission Act of 2007
			 (Public Law 110–53), with a particular emphasis on—
					(A)how the centers
			 collaborate and coordinate their efforts;
					(B)the resources
			 allocated by the Coast Guard to both initiatives; and
					(C)architecture for
			 integrated interagency targeting.
					10.Maritime
			 security response teams
			(a)In
			 generalSection 70106 of title 46, United States Code, is amended
			 by striking subsection (c) and inserting the following:

					(c)Maritime
				security response teams
						(1)In
				generalIn addition to the maritime safety and security teams,
				the Secretary shall establish no less than two maritime security response teams
				to act as the Coast Guard’s rapidly deployable counterterrorism and law
				enforcement response units that can apply advanced interdiction skills in
				response to threats of maritime terrorism.
						(2)Minimization of
				response timeThe maritime security response teams shall be
				stationed in such a way to minimize, to the extent practicable, the response
				time to any reported maritime terrorist threat.
						(3)Dedicated
				aviation supportThe maritime security response teams required by
				this subsection shall include a deployable aviation support element capable of
				providing regular training to ensure a maritime security response team’s
				proficiency in vertical insertion operations.
						(d)Coordination
				with other agenciesTo the maximum extent feasible, each maritime
				safety and security team and maritime security response team shall coordinate
				its activities with other Federal, State, and local law enforcement and
				emergency response
				agencies.
					.
			11.Maritime
			 biometric identification
			(a)In
			 generalWithin one year after the date of the enactment of this
			 Act, the Secretary of Homeland Security, acting through the Commandant of the
			 Coast Guard, shall conduct, in the maritime environment, a program for the
			 mobile biometric identification of suspected individuals, including terrorists,
			 to enhance border security and for other purposes.
			(b)RequirementsThe
			 Secretary shall ensure the program required in this section is coordinated with
			 other biometric identification programs within the Department of Homeland
			 Security.
			(c)Cost
			 analysisWithin 90 days after the date of the enactment of this
			 Act, the Secretary shall submit to the Committees on Appropriations and
			 Homeland Security of the House of Representatives and the Committees on
			 Appropriations and Homeland Security and Governmental Affairs of the Senate an
			 analysis of the cost of expanding the Coast Guard’s biometric identification
			 capabilities for use by the Coast Guard’s Deployable Operations Group, cutters,
			 stations, and other deployable maritime teams considered appropriate by the
			 Secretary, and any other appropriate Department of Homeland Security maritime
			 vessels and units. The analysis may include a tiered plan for the deployment of
			 this program that gives priority to vessels and units more likely to encounter
			 individuals suspected of making illegal border crossings through the maritime
			 environment.
			(d)DefinitionFor the purposes of this section, the term
			 biometric identification means use of fingerprint and digital
			 photography images and facial and iris scan technology.
			(e)Study on
			 combination of facial and iris recognition
				(1)Study
			 requiredThe Secretary of
			 Homeland Security shall carry out a study on the use by the Coast Guard of the
			 combination of facial and iris recognition to rapidly identify individuals for
			 security purposes. Such study shall focus on—
					(A)increased accuracy
			 of facial recognition;
					(B)enhancement of
			 existing iris recognition technology; and
					(C)establishment of
			 integrated face and iris features for accurate identification of
			 individuals.
					(2)Purpose of
			 studyThe purpose of the
			 study required by paragraph (1) is to facilitate the use of a combination of
			 facial and iris recognition to provide a higher probability of success in
			 identification than either approach on its own and to achieve transformational
			 advances in the flexibility, authenticity, and overall capability of integrated
			 biometric detectors and satisfy one of the major issues with war against
			 terrorists. The operational goal of the study should be to provide the
			 capability to nonintrusively collect biometrics (face image, iris) in an
			 accurate and expeditious manner to assist the Coast Guard in fulfilling its
			 mission to protect and support national security.
				12.Review of
			 potential threatsNot later
			 than 1 year after the date of enactment of this Act, the Secretary of Homeland
			 Security shall submit to the Committee on Homeland Security and the Committee
			 on Transportation and Infrastructure of the House of Representatives and the
			 Committee on Commerce, Science, and Transportation of the Senate a report
			 analyzing the threat, vulnerability, and consequence of a terrorist attack on
			 gasoline and chemical cargo shipments in port activity areas in the United
			 States or against other maritime energy infrastructure.
		13.Port security
			 pilotThe Secretary of
			 Homeland Security shall establish a pilot program to test and deploy preventive
			 radiological or nuclear detection equipment on Coast Guard vessels and other
			 locations in select port regions to enhance border security and for other
			 purposes. The pilot program shall leverage existing Federal grant funding to
			 support this program and the procurement of additional equipment.
		14.Waterside security of
			 certain dangerous cargo
			(a)National
			 Study
				(1)In
			 generalThe Secretary of Homeland Security, acting through the
			 Commandant of the Coast Guard, shall—
					(A)initiate a
			 national study to identify measures to improve the security of maritime
			 transportation of certain dangerous cargo; and
					(B)coordinate with
			 other Federal agencies, the National Maritime Security Advisory Committee, and
			 appropriate State and local government officials through the Area Maritime
			 Security Committees and other existing coordinating committees, to evaluate the
			 waterside security of vessels carrying, and waterfront facilities handling,
			 certain dangerous cargo.
					(2)Matters to be
			 includedThe study conducted under this subsection shall
			 include—
					(A)an analysis of
			 existing risk assessment information relating to waterside security generated
			 by the Coast Guard and Area Maritime Security Committees as part of the
			 Maritime Security Risk Assessment Model;
					(B)a review and
			 analysis of appropriate roles and responsibilities of maritime stakeholders,
			 including Federal, State, and local law enforcement and industry security
			 personnel, responsible for waterside security of vessels carrying, and
			 waterfront facilities handling, certain dangerous cargo, including—
						(i)the
			 number of ports in which State and local law enforcement entities are providing
			 any services to enforce Coast Guard-imposed security zones around vessels
			 transiting to, through, or from United States ports or to conduct security
			 patrols in United States ports;
						(ii)the
			 number of formal agreements entered into between the Coast Guard and State and
			 local law enforcement entities to engage State and local law enforcement
			 entities in the enforcement of Coast Guard-imposed security zones around
			 vessels transiting to, through, or from United States ports or the conduct of
			 port security patrols in United States ports, the duration of those agreements,
			 and the aid that State and local entities are engaged to provide through such
			 agreements;
						(iii)the extent to
			 which the Coast Guard has set national standards for training, equipment, and
			 resources to ensure that State and local law enforcement entities engaged in
			 enforcing Coast Guard-imposed security zones around vessels transiting to,
			 through, or from United States ports or in conducting port security patrols in
			 United States ports (or both) can deter to the maximum extent practicable a
			 transportation security incident;
						(iv)the
			 extent to which the Coast Guard has assessed the ability of State and local law
			 enforcement entities to carry out the security assignments that they have been
			 engaged to perform, including their ability to meet any national standards for
			 training, equipment, and resources that have been established by the Coast
			 Guard in order to ensure that those entities can deter to the maximum extent
			 practicable a transportation security incident;
						(v)the
			 extent to which State and local law enforcement entities are able to meet
			 national standards for training, equipment, and resources established by the
			 Coast Guard to ensure that those entities can deter to the maximum extent
			 practicable a transportation security incident;
						(vi)the
			 differences in law enforcement authority, and particularly boarding authority,
			 between the Coast Guard and State and local law enforcement entities, and the
			 impact that these differences have on the ability of State and local law
			 enforcement entities to provide the same level of security that the Coast Guard
			 provides during the enforcement of Coast Guard-imposed security zones and the
			 conduct of security patrols in United States ports; and
						(vii)the extent of
			 resource, training, and equipment differences between State and local law
			 enforcement entities and the Coast Guard units engaged in enforcing Coast
			 Guard-imposed security zones around vessels transiting to, through, or from
			 United States ports or conducting security patrols in United States
			 ports;
						(C)recommendations
			 for risk-based security measures to improve waterside security of vessels
			 carrying, and waterfront facilities handling, certain dangerous cargo;
			 and
					(D)identification of
			 security funding alternatives, including an analysis of the potential for
			 cost-sharing by the public and private sectors as well as any challenges
			 associated with such cost-sharing.
					(3)Information
			 protectionIn carrying out the coordination necessary to
			 effectively complete the study, the Commandant shall implement measures to
			 ensure the protection of any sensitive security information, proprietary
			 information, or classified information collected, reviewed, or shared during
			 collaborative engagement with maritime stakeholders and other Government
			 entities, except that nothing in this paragraph shall constitute authority to
			 withhold information from—
					(A)the Congress;
			 or
					(B)first responders
			 requiring such information for the protection of life or property.
					(4)ReportNot
			 later than 12 months after the date of enactment of this Act, the Secretary,
			 acting through the Commandant, shall submit to the Committees on Homeland
			 Security and Transportation and Infrastructure of the House of Representatives
			 and the Committees on Commerce, Science, and Transportation and Homeland
			 Security and Governmental Affairs of the Senate a report on the results of the
			 study under this subsection.
				(b)National
			 strategyNot later than 6 months after submission of the report
			 required by subsection (a), the Secretary, acting through the Commandant, shall
			 develop, in conjunction with appropriate Federal agencies, a national strategy
			 for the waterside security of vessels carrying, and waterfront facilities
			 handling, certain dangerous cargo. The strategy shall utilize the results of
			 the study required by subsection (a).
			(c)Security of
			 certain dangerous cargo
				(1)Enforcement of
			 security zonesConsistent with other provisions of Federal law,
			 the Coast Guard shall coordinate and be responsible for the enforcement of any
			 Federal security zone established by the Coast Guard around a vessel containing
			 certain dangerous cargo. The Coast Guard shall allocate available resources so
			 as to deter and respond to a transportation security incident, to the maximum
			 extent practicable, and to protect lives or protect property in danger.
				(2)Limitation on
			 reliance on State and local governmentAny security arrangement
			 approved after the date of enactment of this Act to assist in the enforcement
			 of any security zone established by the Coast Guard around a vessel carrying a
			 certain dangerous cargo or around a waterfront facility handling a certain
			 dangerous cargo may not be based upon the provision of security by a State or
			 local government unless the Secretary, acting through the Commandant of the
			 Coast Guard, ensures that the waterborne patrols operated as part of that
			 security arrangement by a State or local government have the training,
			 resources, personnel, and experience necessary to carry out the security
			 responsibilities that they have been engaged to perform in order, to the
			 maximum extent practicable, to deter and respond to a transportation security
			 incident.
				(3)Determination
			 required for new facilitiesThe Secretary of Homeland Security,
			 acting through the Commandant of the Coast Guard, may not approve a facility
			 security plan under section 70103 of title 46, United States Code, for a new
			 facility the construction of which is begun after the date of enactment of this
			 Act, that receives or ships through maritime commerce certain dangerous cargo
			 unless the Secretary determines that there are sufficient resources available
			 to ensure compliance with the facility security plan.
				(4)Resource
			 deficiency reportingThe Secretary, acting through the Commandant
			 of the Coast Guard, shall provide to the Committees on Homeland Security and
			 Transportation and Infrastructure of the House of Representatives and the
			 Committees on Commerce, Science, and Transportation and Homeland Security and
			 Governmental Affairs of the Senate 90 days after the end of each fiscal year a
			 report indicating—
					(A)the number of
			 security zones established for certain dangerous cargo shipments;
					(B)the number of
			 certain dangerous cargo shipments provided a waterborne security escort,
			 subdivided by Federal, State, local, or private security; and
					(C)an assessment as
			 to any additional vessels, personnel, infrastructure, and other resources
			 necessary to provide waterborne escorts to those certain dangerous cargo
			 shipments for which a security zone is established.
					(d)DefinitionsFor
			 the purposes of this section, the follow definitions apply:
				(1)Certain
			 dangerous cargoThe term certain dangerous cargo
			 means a material, or a group or class of material, in a particular amount and
			 form that the Secretary, though the Commandant, determines by regulation poses
			 a significant risk of creating a transportation security incident while being
			 transported in maritime commerce.
				(2)Area Maritime
			 Security CommitteeThe term Area Maritime Security
			 Committee means each of those committees responsible for producing Area
			 Maritime Transportation Security Plans under chapter 701 of title 46, United
			 States Code.
				(3)Transportation
			 security incidentThe term transportation security
			 incident has the same meaning as that term has in section 70101 of
			 title 46, United States Code.
				15.Review of Liquefied
			 Natural Gas Facilities
			(a)Notice of
			 recommendationConsistent
			 with other provisions of law, the Secretary of Homeland Security must notify
			 the Federal Energy Regulatory Commission when a recommendation is made that the
			 waterway to a proposed waterside liquefied natural gas facility is suitable or
			 unsuitable for the marine traffic associated with such facility.
			(b)Federal Energy
			 Regulatory Commission responseThe Federal Energy Regulatory Commission
			 shall respond to the Secretary’s recommendation under subsection (a) by
			 informing the Secretary within 90 days of notification or at the conclusion of
			 any available appeal process, whichever is later, of what action the Commission
			 has taken, pursuant to its authorities under the Natural Gas Act, regarding a
			 proposal to construct and operate a waterside liquefied natural gas facility
			 subject to a determination made under subsection (a).
			16.Assessment of
			 the feasibility of efforts to mitigate the threat of small boat attack in major
			 portsThe Secretary of
			 Homeland Security shall assess and report to Congress on the feasibility of
			 efforts to mitigate the threat of small boat attack in security zones of major
			 ports, including specifically the use of transponders or radio frequency
			 identification devices to track small boats.
		17.Administration
			 of Maritime Security
			(a)Establish
			 maritime security as a Coast Guard functionChapter 5 of title
			 14, United States Code, is further amended by adding at the end the following
			 new section:

					103.Maritime
				securityTo protect life,
				property, and the environment on, under, and over waters subject to the
				jurisdiction of the United States and on vessels subject to the jurisdiction of
				the United States, the Commandant shall promote maritime security as
				follows:
						(1)By taking actions
				necessary in the public interest to protect such life, property, and the
				environment.
						(2)Based on
				priorities established by the Commandant including—
							(A)protecting
				maritime borders from all intrusions, reducing the risk from terrorism to
				United States passengers at foreign and domestic ports and in designated
				waterfront facilities, and preventing and responding to terrorist attacks and
				other homeland security threats;
							(B)protecting
				critical maritime infrastructure and other key resources; and
							(C)preventing, to the
				maximum extent practicable, a transportation security incident as defined in
				section 70101 of title
				46.
							.
			(b)Clerical
			 amendmentThe analysis at the beginning of such chapter is
			 further amended by adding at the end the following new item:

						Sec. 103. Maritime
				security.

					.
			(c)Maritime
			 Security Staff
				(1)In
			 generalChapter 3 of title 14, United States Code, is further
			 amended by adding at the end the following new sections:

						60.Maritime
				security workforce
							(a)Designation of
				maritime security workforce
								(1)In
				generalThe Secretary, acting through the Commandant, shall
				ensure appropriate coverage of maritime security missions within the workforce
				in each sector.
								(2)Required
				positionsIn designating positions under paragraph (1), the
				Secretary shall include the following maritime security-related
				positions:
									(A)Program
				oversight.
									(B)Counterterrorism
				functions.
									(C)Counterintelligence
				functions.
									(D)Criminal
				investigations related to maritime security.
									(E)Port security
				enforcement.
									(F)Any other
				activities that the Commandant deems as necessary.
									(3)Maritime
				security management activitiesThe Secretary shall also designate
				under paragraph (1) those maritime security-related management positions
				located at Coast Guard headquarters, Coast Guard Readiness Command, Coast Guard
				Operations Command, the Deployable Operations Group, and the Intelligence
				Coordination Center.
								(b)Career
				pathsThe Secretary, acting through the Commandant, may establish
				appropriate career paths for civilian and military Coast Guard personnel who
				wish to pursue careers in maritime security are identified in terms of the
				education, training, experience, and assignments necessary for career
				progression of civilians and member of the Armed Forces to the most senior
				maritime security positions. The Secretary shall make available published
				information on such career paths.
							(c)Balanced
				workforce policyIn the development of maritime security
				workforce policies under this section with respect to any civilian employees or
				applicants for employment with the Coast Guard, the Secretary shall, consistent
				with the merit system principles set out in paragraphs (1) and (2) of section
				2301(b) of title 5, take into consideration the need to maintain a balance
				workforce in which women and members of racial and ethnic minority groups are
				appropriately represented in Government service.
							(d)Sector Chief of
				Maritime Security
								(1)In
				generalThe Commandant may assign, as appropriate, a Chief of
				Maritime Security who shall be at least a Lieutenant Commander or civilian
				employee within the grade GS–13 of the General Schedule in each Coast Guard
				sector.
								(2)FunctionsThe
				Chief of Maritime Security for a sector—
									(A)is responsible for
				all individuals who, on behalf of the Coast Guard, conduct port security
				operations, counterterrorism operations, intelligence and counterintelligence
				operations, and support national defense operations; and
									(B)if not the Coast
				Guard officer in command of that sector, is the principal advisor to the Sector
				Commander regarding maritime security matters in that sector.
									(e)Signatories of
				letter of qualificationEach individual signing a letter of
				qualification for maritime security personnel must hold a letter of
				qualification for the type being certified.
							61.Centers of
				expertise for maritime security
							(a)EstablishmentThe
				Commandant may establish and operate one or more centers of Maritime Security
				(in this section referred to as a Center).
							(b)MissionsThe
				Centers shall—
								(1)be used to
				facility education, training, and research in maritime security including
				maritime domain awareness, counterterrorism policy and operations, and
				intelligence collection, fusion, and dissemination;
								(2)develop a
				repository on information on maritime security; and
								(3)perform any other
				function as the Commandant may specify.
								(c)Joint operation
				with educational institution authorizedThe Commandant may enter
				into an agreement with an appropriate official of an institution of higher
				education to—
								(1)provide for joint
				operation of a Center; and
								(2)provide necessary
				administrative service for a Center, including administration and allocation of
				funds.
								(d)Acceptance of
				donations
								(1)In
				generalThe Commandant may accept, on behalf of a center,
				donations to be used to defray the costs of the Center or to enhance the
				operation of the Center.
								(2)GuidanceThe
				Commandant shall prescribe written guidance setting forth the criteria to be
				used in determining if the acceptance of a donation is
				appropriate.
								.
				(2)Clerical
			 amendmentThe analysis at the beginning of such chapter is
			 further amended by adding at the end the following new items:

							Sec. 60. Maritime security workforce.
							Sec. 61. Centers of expertise for maritime
				security.

						.
				(d)Powers and
			 dutiesSection 93 of title 14, United States Code, is amended by
			 adding at the end the following new subsection:

					(e)In exercising the
				Commandant’s duties and responsibilities with regard to maritime security, the
				Commandant shall designate a flag officer to serve as the principal advisor to
				the Commandant for maritime security. The designee shall have at least 10 years
				combined experience in operations, intelligence, counterterrorism,
				counterintelligence, port security, criminal investigations (except maritime
				casualty investigations), and port security or other maritime security
				functions, and at least four years of leadership experience at a staff or unit
				carrying out maritime security
				functions.
					.
			18.Checks against
			 terrorist watchlistThe
			 Secretary of Homeland Security shall, to the extent practicable, check against
			 all available terrorist watchlists those persons suspected of alien smuggling
			 and smuggled individuals who are interdicted at the land, air, and sea borders
			 of the United States.
		19.Security team
			 communications plan
			(a)In
			 generalNot later than 90
			 days after the date of enactment of this Act, the Commandant of the Coast Guard
			 shall submit to the Committees on Homeland Security and Transportation and
			 Infrastructure of the House of Representatives and the Committee on Commerce,
			 Science, and Transportation of the Senate a plan to address communications
			 deficiencies of maritime safety and security teams, as identified by the Office
			 of Inspector General of the Department of Homeland Security.
			(b)ContentsThe plan shall include—
				(1)a description of interim corrective actions
			 completed before such enactment to ensure the safety on the maritime safety and
			 security teams and the public;
				(2)a
			 description of additional corrective actions that have not been implemented,
			 and a timeline for their implementation; and
				(3)an estimate of the
			 repair or replacement costs to provide maritime safety and security teams an
			 effective means of communicating electronically between the cabin and the
			 weapons team on vessels of the teams.


116 HRES 932 IH: Expressing support for honoring the 50th anniversary of Earth Day, and for other purposes.
U.S. House of Representatives
2020-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 932IN THE HOUSE OF REPRESENTATIVESApril 21, 2020Mr. McEachin (for himself, Mr. Grijalva, Ms. Johnson of Texas, Ms. Castor of Florida, Mr. Engel, Mr. Scott of Virginia, Mr. Smith of Washington, Mr. Takano, Ms. Velázquez, Mr. McGovern, Mr. Deutch, Mr. Kilmer, Mr. Tonko, Mr. Rush, Mr. Luján, Ms. Adams, Mrs. Axne, Ms. Barragán, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown of Maryland, Ms. Brownley of California, Mr. Carbajal, Mr. Carson of Indiana, Mr. Cartwright, Mr. Case, Mr. Casten of Illinois, Mr. Cisneros, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Cox of California, Ms. Craig, Mr. Crow, Ms. Dean, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Ms. Eshoo, Mr. Espaillat, Mr. Foster, Ms. Fudge, Ms. Gabbard, Mr. Garamendi, Mr. García of Illinois, Ms. Garcia of Texas, Mr. Gomez, Ms. Haaland, Mr. Hastings, Ms. Houlahan, Mr. Huffman, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Kennedy, Mr. Kildee, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster of New Hampshire, Mr. Langevin, Mr. Larsen of Washington, Ms. Lee of California, Mr. Levin of Michigan, Mr. Levin of California, Mr. Ted Lieu of California, Mr. Lipinski, Mr. Lowenthal, Ms. McCollum, Mr. McNerney, Mr. Meeks, Ms. Moore, Mr. Morelle, Ms. Mucarsel-Powell, Mrs. Napolitano, Mr. Neguse, Mr. Norcross, Ms. Norton, Mr. O'Halleran, Ms. Omar, Mr. Panetta, Ms. Pingree, Mr. Pocan, Ms. Porter, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Mr. Richmond, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Sablan, Ms. Sánchez, Mr. Sarbanes, Ms. Schakowsky, Mr. Schneider, Mr. David Scott of Georgia, Mr. Serrano, Ms. Shalala, Mr. Soto, Ms. Stevens, Mr. Suozzi, Ms. Tlaib, Mr. Trone, Ms. Wasserman Schultz, Mr. Welch, Ms. Wilson of Florida, and Mrs. Hayes) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, 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 concernedRESOLUTIONExpressing support for honoring the 50th anniversary of Earth Day, and for other purposes.Whereas Earth Day was first celebrated on April 22, 1970;Whereas April 22, 2020, will be the 50th anniversary of Earth Day;Whereas the late Senator Gaylord Nelson, the founder of Earth Day, called on the people of the United States to hold elected officials accountable for failing to adequately protect the health of people and the natural environment;Whereas former Congressman Pete McCloskey served as co-chair and Denis Hayes served as national coordinator of the first Earth Day celebration;Whereas after witnessing years of environmental neglect, millions of Americans of all ages, walks of life, and political affiliations gathered in cities across the Nation on the first Earth Day to demand basic protections for our planet and to commit to leaving behind a healthier world for the next generation;Whereas Earth Day united people who had been fighting against oil spills, polluting factories and power plants, raw sewage and toxic dumps, the loss of wildlife, and other environmental ills;Whereas that work continues today;Whereas Earth Day is an annual event created to promote environmental citizenship and action year-round;Whereas the first celebration of Earth Day was the largest environmental grassroots event ever held at that time and is widely credited with launching the modern environmental movement;Whereas the voices of inaugural Earth Day participants galvanized an unparalleled period of legislative and grassroots activity that changed the way we interact with the environment, leading to the creation of the Environmental Protection Agency, and passage of legislation such as the Clean Water Act, the Clean Air Act, and the Endangered Species Act;Whereas, by 1990, Earth Day was celebrated globally, with 200,000,000 people in 141 countries participating in Earth Day events;Whereas, on April 22, 2016, the 46th anniversary of Earth Day, 175 world leaders signed the Paris Agreement, a landmark international agreement to combat climate change and accelerate actions and investment in a sustainable, clean energy future;Whereas the 50th anniversary of Earth Day will be marked by tens of thousands of engagement events in every country across the world;Whereas Earth Day fosters environmental activism and stewardship around the world, and encourages people to find ways to protect the environment, including managing their own environmental impact;Whereas on Earth Day, people engage in projects, initiatives, and campaigns to protect and restore the planet including planting trees, removing litter, cleaning up coral reefs, conserving water and energy, and other environmentally responsible actions;Whereas in recognition of the 50th anniversary of Earth Day, the Earth Challenge 2020 was launched, a global citizen science initiative to demonstrate how small acts of science can add up to global change;Whereas new and continuing challenges, including climate change, pollution, sea level rise, and loss of forests, wetlands, and other wildlife habitats, reinforce the need for adequate protections for the air we breathe, the water we drink, the land we inhabit, and the animals we live alongside;Whereas there is scientific consensus that climate change poses a dire threat to our planet and its inhabitants, and that urgent and unprecedented changes are needed to mitigate its worst effects;Whereas Earth Day reaffirms our national responsibility in the global effort to combat climate change and protect our planet for all;Whereas Earth Day encourages us to acknowledge the prevalence of environmental injustices that directly affect the health and well-being of individuals and communities across the country, and affirms our commitment to ameliorating existing environmental injustices, and to preventing future injustices;Whereas Earth Day reminds us of the need to expand environmental and climate literacy not only to strengthen environmental and climate protections but also to accelerate development of green technologies and creation of green jobs that will benefit all communities; andWhereas Earth Day reminds us we must not pass a world beyond repair to our children: Now, therefore, be itThat the House of Representatives—(1)recognizes the 50th anniversary of Earth Day and urges the President to issue a proclamation recognizing the anniversary of Earth Day, consistent with the practice of the previous administration;(2)encourages the American people to mark Earth Day by working to address environmental challenges large and small, from climate change to litter; to educate their friends, neighbors, and elected representatives about the need for year-round action; and to otherwise honor the stewardship ethic for which Senator Gaylord Nelson stood;(3)urges governments and peoples around the world to continue building upon the Paris Agreement and other efforts to ensure that future generations inherit a livable, sustainable, and ecologically rich planet Earth; and(4)reaffirms that immediate action is needed to reduce greenhouse gas emissions to protect our planet, public health, and overall well-being of all people and wildlife.


		I
		112th CONGRESS
		2d Session
		H. R. 4127
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2012
			Mr. Heck (for
			 himself, Mrs. Ellmers,
			 Mr. DesJarlais,
			 Mr. Amodei,
			 Ms. Berkley,
			 Mr. Roe of Tennessee,
			 Mr. Benishek,
			 Mr. Price of Georgia, and
			 Mr. Sessions) 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 exempt
		  certain requests by physicians for consultations by radiation oncologists from
		  the limitation on certain physician referrals under Medicare.

		1.Exempting certain requests by
			 physicians for consultations by radiation oncologists from the limitation on
			 certain physician referrals under MedicareSection 1877(h)(5)(C) of the Social Security
			 Act (42 U.S.C. 1395nn(h)(5)(C)) is amended by adding at the end the following
			 new sentence: With respect to an individual admitted as an inpatient of
			 a hospital, a request by a physician, after such admission, for a consultation
			 by a radiation oncologist that results in an order for radiation therapy for
			 such individual does not constitute a referral by a referring
			 physician..


		II

		109th CONGRESS

		2d Session

		S. 2344

		IN THE SENATE OF THE UNITED STATES

			March 1, 2006

			Mr. Schumer introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend title XVIII of the Social Security Act to extend

		  the employer subsidy payment provisions under the Medicare prescription drug

		  program to State Pharmaceutical Assistance Programs.

		1.Short

			 titleThis Act may be cited as

			 the Existing Drug Coverage Protection

			 Act of 2006.

		2.Medicare subsidy

			 payments to State Pharmaceutical Assistance Programs

			(a)In

			 generalSection 1860D–23 of the Social Security Act (42 U.S.C.

			 1395w–133) is amended by adding at the end the following new subsection:

					(e)Subsidy

				paymentThe provisions of section 1860D–22 shall apply to a State

				Pharmaceutical Assistance Program (as defined in subsection (b)) and the State

				offering such Program in the same manner as such provisions apply to

				employment-based retiree health coverage (as defined in subsection (c)(1) of

				such section) and the sponsor of such

				coverage.

					.

			(b)Effective

			 DateThe amendment made by this section shall take effect on

			 January 1, 2007.


		II
		111th CONGRESS
		1st Session
		S. 2068
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Carper introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  fenpyroximate.

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

								9902.01.00Tert-butyl
						(E)-α-(1,3-dimethyl-5-phenoxypyrazol-4-ylmethyleneaminooxy)-p-toluate
						(Fenpyroximate) (CAS No. 134098–61–6) (provided for in subheading
						2933.99.22)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


		II
		111th CONGRESS
		2d Session
		S. 3375
		IN THE SENATE OF THE UNITED STATES

			May 13, 2010
			Mr. Vitter (for himself,
			 Mr. Sessions, Mr. Wicker, and Mr.
			 LeMieux) introduced the following bill; which was read twice and
			 referred to the Committee on Environment
			 and Public Works

		A BILL
		To amend the Oil Pollution Act of 1990 to increase the
		  cap on liability for economic damages resulting from an oil spill, and for
		  other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Oil Spill Response and
			 Assistance Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—Compensation
					Sec. 101. Emergency preparedness.
					Sec. 102. Oil pollution liability and compensation.
					Sec. 103. Effective date.
					TITLE II—Reports
					Sec. 201. Reports regarding Gulf of Mexico oil
				spill.

			ICompensation
			101.Emergency
			 preparedness
				(a)In
			 generalTitle IV of the Oil Pollution Act of 1990 (Public Law
			 101–380; 104 Stat. 509) is amended by adding at the end the following:

						DEmergency
				Preparedness for Discharges
							4401.Emergency
				preparedness
								(a)In
				generalNot later than 2 years after the date of enactment of
				this subtitle, the Secretary shall by regulation require the development and
				deployment of certain technology for use in the event of a breach or explosion
				at, or a significant discharge of oil from, a deepwater port, offshore
				facility, or tank vessel (referred to in this section as a covered
				event).
								(b)RequirementsThe
				regulations shall require—
									(1)(A)the development, for
				use in capping underwater oil wells affected by a covered event, technology
				that is—
											(i)capable of funneling discharges of
				oil from an underwater oil well to a containment vessel at the ocean surface;
				and
											(ii)effective at water depths at least
				2,000 feet deeper than the limits of oil and gas production on the outer
				Continental Shelf as of the date of enactment of this subtitle; and
											(B)the purchase and deployment by the
				Secretary of those engineered capping technologies in such number of locations
				throughout the United States (including the navigable waters), to be determined
				by the Secretary, as would permit deployment and use of the domes to respond to
				a covered event not later than 24 hours after the time at which the covered
				event occurred;
										(2)(A)the development of
				flame-proof booms capable of functioning in the open ocean with waves of not
				more than 6 feet in height; and
										(B)the purchase and deployment by the
				Secretary of those booms at such locations and in such lengths or quantities as
				would permit, as determined by the Secretary—
											(i)the use of the booms in response to
				a covered event not later than 24 hours after the time at which the covered
				event occurred; and
											(ii)the complete surrounding of 100
				square miles of open ocean within that period of time; and
											(3)the development,
				and purchase and deployment by the Secretary, of remote operated vehicles for
				use in the open ocean that are—
										(A)equipped with
				acoustic technology;
										(B)capable of
				welding and cutting or torching below 15,000 feet of water; and
										(C)stationed at such
				locations, as determined by the Secretary, as would enable the remote operated
				vehicles to be available for use in an area affected by a covered event not
				later than 24 hours after the time at which the covered event
				occurred.
										.
				(b)Table of
			 contentsThe table of contents for the Oil Pollution Act of 1990
			 (33 U.S.C. prec. 2701) is amended by inserting at the end of the items relating
			 to title IV the following:

							Subtitle D—Emergency Preparedness for Discharges of
				Oil
							Sec. 4401. Emergency
				preparedness.

						.
				102.Oil pollution
			 liability and compensationSection 1004 of the Oil Pollution Act of
			 1990 (33 U.S.C. 2704) is amended by striking subsection (a) and inserting the
			 following:

					(a)Limits
						(1)In
				generalExcept as otherwise
				provided in this section, subject to paragraph (2), the total of the liability
				of a responsible party under section 1002 and any removal costs incurred by, or
				on behalf of, the responsible party, with respect to each incident shall not
				exceed, as indexed for United States dollar inflation from the date of
				enactment of the Oil Spill Response and Assistance Act (as measured by the
				Consumer Price Index)—
							(A)for a tank
				vessel, the greater of—
								(i)with respect to a
				single-hull vessel, including a single-hull vessel fitted with double sides
				only or a double bottom only, $6,000 per gross ton;
								(ii)with respect to
				a vessel other than a vessel referred to in clause (i), $3,800 per gross ton;
				or
								(iii)(I)with respect to a
				vessel greater than 3,000 gross tons that is—
										(aa)a vessel described in clause (i),
				$44,000,000; or
										(bb)a vessel described in clause (ii),
				$32,000,000; or
										(II)with respect to a vessel of 3,000 gross
				tons or less that is—
										(aa)a vessel described in clause (i),
				$12,000,000; or
										(bb)a vessel described in clause (ii),
				$8,000,000;
										(B)for any other
				vessel, $1,900 per gross ton or $1,600,000, whichever is greater;
							(C)for an offshore
				facility except a deepwater port, the total of all removal costs plus
				$150,000,000; and
							(D)for any onshore
				facility and a deepwater port, $700,000,000.
							(2)Alternative
				limitationIf the aggregate amount of net after-tax profits of a
				responsible party generated during the 4 full financial reporting quarters
				preceding the date of an incident involving a vessel or facility described in
				paragraph (1) exceeds the limitation on liability for the category of incident
				described in that paragraph, the total of the liability of the responsible
				party under section 1002 and any removal costs incurred by, or on behalf of,
				the responsible, with respect to each such incident shall not exceed, as
				indexed for United States dollar inflation from the date of enactment of the
				Oil Spill Response and Assistance Act (as measured by the Consumer Price
				Index), an amount equal to that aggregate amount of those
				profits.
						.
			103.Effective
			 dateThis title and the
			 amendments made by this title take effect on April 15, 2010.
			IIReports
			201.Reports
			 regarding Gulf of Mexico oil spill
				(a)DefinitionsIn
			 this section:
					(1)Head of an
			 appropriate Federal agencyThe term head of an appropriate
			 Federal agency means the head of a Federal agency that has carried out
			 an activity with respect to the oil spill.
					(2)Oil
			 spillThe term oil spill means the oil spill that
			 occurred in the Gulf of Mexico in April 2010.
					(b)StudyAs
			 soon as practicable after the date of enactment of this Act, each head of an
			 appropriate Federal agency shall carry out a study—
					(1)to examine the
			 effectiveness of the coordination of actions carried out by the Federal
			 Government relating to the oil spill; and
					(2)to determine the
			 success of each action carried out by the Federal Government in response to the
			 oil spill.
					(c)ReportNot
			 later than September 1, 2010, each head of an appropriate Federal Agency shall
			 submit to the appropriate committees of Congress a report that contains a
			 description of—
					(1)the results of
			 the study carried out under subsection (b); and
					(2)the effectiveness
			 and success of each activity carried out by the Federal Government in response
			 to the oil spill.


115 HR 6110 : Dr. Todd Graham Pain Management, Treatment, and Recovery Act of 2018
U.S. House of Representatives

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

		IIB
		115th CONGRESS
		2d Session
		H. R. 6110
		IN THE SENATE OF THE UNITED STATES
		June 20, 2018Received; read twice and referred to the Committee on FinanceAN ACT
		To amend title XVIII of the Social Security Act to provide for the review and adjustment of
			 payments under the Medicare outpatient prospective payment system to avoid
			 financial incentives to use opioids instead of non-opioid alternative
			 treatments, and for other purposes.

 1.Short titleThis Act may be cited as the Dr. Todd Graham Pain Management, Treatment, and Recovery Act of 2018. 2.Review and adjustment of payments under the Medicare outpatient prospective payment system to avoid financial incentives to use opioids instead of non-opioid alternative treatments (a)Outpatient prospective payment systemSection 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended by adding at the end the following new paragraph:

					(22)Review and revisions of payments for non-opioid alternative treatments
 (A)In generalWith respect to payments made under this subsection for covered OPD services (or groups of services), including covered OPD services assigned to a comprehensive ambulatory payment classification, the Secretary—
 (i)shall, as soon as practicable, conduct a review (part of which may include a request for information) of payments for opioids and evidence-based non-opioid alternatives for pain management (including drugs and devices, nerve blocks, surgical injections, and neuromodulation) with a goal of ensuring that there are not financial incentives to use opioids instead of non-opioid alternatives;
 (ii)may, as the Secretary determines appropriate, conduct subsequent reviews of such payments; and (iii)shall consider the extent to which revisions under this subsection to such payments (such as the creation of additional groups of covered OPD services to classify separately those procedures that utilize opioids and non-opioid alternatives for pain management) would reduce payment incentives to use opioids instead of non-opioid alternatives for pain management.
 (B)PriorityIn conducting the review under clause (i) of subparagraph (A) and considering revisions under clause (iii) of such subparagraph, the Secretary shall focus on covered OPD services (or groups of services) assigned to a comprehensive ambulatory payment classification, ambulatory payment classifications that primarily include surgical services, and other services determined by the Secretary which generally involve treatment for pain management.
 (C)RevisionsIf the Secretary identifies revisions to payments pursuant to subparagraph (A)(iii), the Secretary shall, as determined appropriate, begin making such revisions for services furnished on or after January 1, 2020. Revisions under the previous sentence shall be treated as adjustments for purposes of application of paragraph (9)(B).
 (D)Rules of constructionNothing in this paragraph shall be construed to preclude the Secretary— (i)from conducting a demonstration before making the revisions described in subparagraph (C); or
 (ii)prior to implementation of this paragraph, from changing payments under this subsection for covered OPD services (or groups of services) which include opioids or non-opioid alternatives for pain management..
 (b)Ambulatory surgical centersSection 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the end the following new paragraph:

 (8)The Secretary shall conduct a similar type of review as required under paragraph (22) of section 1833(t)), including the second sentence of subparagraph (C) of such paragraph, to payment for services under this subsection, and make such revisions under this paragraph, in an appropriate manner (as determined by the Secretary)..
			3.Expanding access under the Medicare program to addiction treatment in Federally qualified health
			 centers and rural health clinics
 (a)Federally qualified health centersSection 1834(o) of the Social Security Act (42 U.S.C. 1395m(o)) is amended by adding at the end the following new paragraph:

					(3)Additional payments for certain FQHCs with physicians or other practitioners receiving DATA 2000
			 waivers
 (A)In generalIn the case of a Federally qualified health center with respect to which, beginning on or after January 1, 2019, Federally-qualified health center services (as defined in section 1861(aa)(3)) are furnished for the treatment of opioid use disorder by a physician or practitioner who meets the requirements described in subparagraph (C) the Secretary shall, subject to availability of funds under subparagraph (D), make a payment (at such time and in such manner as specified by the Secretary) to such Federally qualified health center after receiving and approving an application submitted by such Federally qualified health center under subparagraph (B). Such a payment shall be in an amount determined by the Secretary, based on an estimate of the average costs of training for purposes of receiving a waiver described in subparagraph (C)(ii). Such a payment may be made only one time with respect to each such physician or practitioner.
 (B)ApplicationIn order to receive a payment described in subparagraph (A), a Federally-qualified health center shall submit to the Secretary an application for such a payment at such time, in such manner, and containing such information as specified by the Secretary. A Federally-qualified health center may apply for such a payment for each physician or practitioner described in subparagraph (A) furnishing services described in such subparagraph at such center.
 (C)RequirementsFor purposes of subparagraph (A), the requirements described in this subparagraph, with respect to a physician or practitioner, are the following:
 (i)The physician or practitioner is employed by or working under contract with a Federally qualified health center described in subparagraph (A) that submits an application under subparagraph (B).
 (ii)The physician or practitioner first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019.
 (D)FundingFor purposes of making payments under this paragraph, there are appropriated, out of amounts in the Treasury not otherwise appropriated, $6 million, which shall remain available until expended..
 (b)Rural health clinicSection 1833 of the Social Security Act (42 U.S.C. 1395l) is amended— (1)by redesignating the subsection (z) relating to medical review of spinal subluxation services as subsection (aa); and
 (2)by adding at the end the following new subsection:  (bb)Additional payments for certain rural health clinics with physicians or practitioners receiving DATA 2000 waivers (1)In generalIn the case of a rural health clinic with respect to which, beginning on or after January 1, 2019, rural health clinic services (as defined in section 1861(aa)(1)) are furnished for the treatment of opioid use disorder by a physician or practitioner who meets the requirements described in paragraph (3), the Secretary shall, subject to availability of funds under paragraph (4), make a payment (at such time and in such manner as specified by the Secretary) to such rural health clinic after receiving and approving an application described in paragraph (2). Such payment shall be in an amount determined by the Secretary, based on an estimate of the average costs of training for purposes of receiving a waiver described in paragraph (3)(B). Such payment may be made only one time with respect to each such physician or practitioner.
 (2)ApplicationIn order to receive a payment described in paragraph (1), a rural health clinic shall submit to the Secretary an application for such a payment at such time, in such manner, and containing such information as specified by the Secretary. A rural health clinic may apply for such a payment for each physician or practitioner described in paragraph (1) furnishing services described in such paragraph at such clinic.
 (3)RequirementsFor purposes of paragraph (1), the requirements described in this paragraph, with respect to a physician or practitioner, are the following:
 (A)The physician or practitioner is employed by or working under contract with a rural health clinic described in paragraph (1) that submits an application under paragraph (2).
 (B)The physician or practitioner first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019.
 (4)FundingFor purposes of making payments under this subsection, there are appropriated, out of amounts in the Treasury not otherwise appropriated, $2 million, which shall remain available until expended..
				4.Studying the availability of supplemental benefits designed to treat or prevent substance use
			 disorders under Medicare Advantage plans
 (a)In generalNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary) shall submit to Congress a report on the availability of supplemental health care benefits (as described in section 1852(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w–22(a)(3)(A))) designed to treat or prevent substance use disorders under Medicare Advantage plans offered under part C of title XVIII of such Act. Such report shall include the analysis described in subsection (c) and any differences in the availability of such benefits under specialized MA plans for special needs individuals (as defined in section 1859(b)(6) of such Act (42 U.S.C. 1395w–28(b)(6))) offered to individuals entitled to medical assistance under title XIX of such Act and other such Medicare Advantage plans.
 (b)ConsultationThe Secretary shall develop the report described in subsection (a) in consultation with relevant stakeholders, including—
 (1)individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act;
 (2)entities who advocate on behalf of such individuals; (3)Medicare Advantage organizations;
 (4)pharmacy benefit managers; and (5)providers of services and suppliers (as such terms are defined in section 1861 of such Act (42 U.S.C. 1395x)).
 (c)ContentsThe report described in subsection (a) shall include an analysis on the following: (1)The extent to which plans described in such subsection offer supplemental health care benefits relating to coverage of—
 (A)medication-assisted treatments for opioid use, substance use disorder counseling, peer recovery support services, or other forms of substance use disorder treatments (whether furnished in an inpatient or outpatient setting); and
 (B)non-opioid alternatives for the treatment of pain. (2)Challenges associated with such plans offering supplemental health care benefits relating to coverage of items and services described in subparagraph (A) or (B) of paragraph (1).
 (3)The impact, if any, of increasing the applicable rebate percentage determined under section 1854(b)(1)(C) of the Social Security Act (42 U.S.C. 1395w–24(b)(1)(C)) for plans offering such benefits relating to such coverage would have on the availability of such benefits relating to such coverage offered under Medicare Advantage plans.
 (4)Potential ways to improve upon such coverage or to incentivize such plans to offer additional supplemental health care benefits relating to such coverage.
				5.Clinical psychologist services models under the Center for Medicare and Medicaid Innovation; GAO
			 study and report
 (a)CMI modelsSection 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B) is amended by adding at the end the following new clauses:

 (xxv)Supporting ways to familiarize individuals with the availability of coverage under part B of title XVIII for qualified psychologist services (as defined in section 1861(ii)).
 (xxvi)Exploring ways to avoid unnecessary hospitalizations or emergency department visits for mental and behavioral health services (such as for treating depression) through use of a 24-hour, 7-day a week help line that may inform individuals about the availability of treatment options, including the availability of qualified psychologist services (as defined in section 1861(ii))..
 (b)GAO study and reportNot later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit to Congress a report, on mental and behavioral health services under the Medicare program under title XVIII of the Social Security Act, including an examination of the following:
 (1)Information about services furnished by psychiatrists, clinical psychologists, and other professionals.
 (2)Information about ways that Medicare beneficiaries familiarize themselves about the availability of Medicare payment for qualified psychologist services (as defined in section 1861(ii) of the Social Security Act (42 U.S.C. 1395x(ii)) and ways that the provision of such information could be improved.
				6.Pain management study
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall conduct a study analyzing best practices as well as payment and coverage for pain management services under title XVIII of the Social Security Act and submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report containing options for revising payment to providers and suppliers of services and coverage related to the use of multi-disciplinary, evidence-based, non-opioid treatments for acute and chronic pain management for individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act. The Secretary shall make such report available on the public website of the Centers for Medicare & Medicaid Services.
 (b)ConsultationIn developing the report described in subsection (a), the Secretary shall consult with— (1)relevant agencies within the Department of Health and Human Services;
 (2)licensed and practicing osteopathic and allopathic physicians, behavioral health practitioners, physician assistants, nurse practitioners, dentists, pharmacists, and other providers of health services;
 (3)providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x));
 (4)substance abuse and mental health professional organizations; (5)pain management professional organizations and advocacy entities, including individuals who personally suffer chronic pain;
 (6)medical professional organizations and medical specialty organizations; (7)licensed health care providers who furnish alternative pain management services;
 (8)organizations with expertise in the development of innovative medical technologies for pain management;
 (9)beneficiary advocacy organizations; and (10)other organizations with expertise in the assessment, diagnosis, treatment, and management of pain, as determined appropriate by the Secretary.
 (c)ContentsThe report described in subsection (a) shall include the following: (1)An analysis of payment and coverage under title XVIII of the Social Security Act with respect to the following:
 (A)Evidence-based treatments and technologies for chronic or acute pain, including such treatments that are covered, not covered, or have limited coverage under such title.
 (B)Evidence-based treatments and technologies that monitor substance use withdrawal and prevent overdoses of opioids.
 (C)Evidence-based treatments and technologies that treat substance use disorders. (D)Items and services furnished by practitioners through a multi-disciplinary treatment model for pain management, including the patient-centered medical home.
 (E)Medical devices, non-opioid based drugs, and other therapies (including interventional and integrative pain therapies) approved or cleared by the Food and Drug Administration for the treatment of pain.
 (F)Items and services furnished to beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, or have comorbidities and require consultation or management of pain with one or more specialists in pain management, mental health, or addiction treatment.
 (2)An evaluation of the following: (A)Barriers inhibiting individuals entitled to benefits under part A or enrolled under part B of such title from accessing treatments and technologies described in subparagraphs (A) through (F) of paragraph (1).
 (B)Costs and benefits associated with potential expansion of coverage under such title to include items and services not covered under such title that may be used for the treatment of pain, such as acupuncture, therapeutic massage, and items and services furnished by integrated pain management programs.
 (C)Pain management guidance published by the Federal Government that may be relevant to coverage determinations or other coverage requirements under title XVIII of the Social Security Act.
 (3)An assessment of all guidance published by the Department of Health and Human Services on or after January 1, 2016, relating to the prescribing of opioids. Such assessment shall consider incorporating into such guidance relevant elements of the VA/DoD Clinical Practice Guideline for Opioid Therapy for Chronic Pain published in February 2017 by the Department of Veterans Affairs and Department of Defense, including adoption of elements of the Department of Defense and Veterans Administration pain rating scale.
 (4)The options described in subsection (d). (5)The impact analysis described in subsection (e).
 (d)OptionsThe options described in this subsection are, with respect to individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act, legislative and administrative options for accomplishing the following:
 (1)Improving coverage of and payment for pain management therapies without the use of opioids, including interventional pain therapies, and options to augment opioid therapy with other clinical and complementary, integrative health services to minimize the risk of substance use disorder, including in a hospital setting.
 (2)Improving coverage of and payment for medical devices and non-opioid based pharmacological and non-pharmacological therapies approved or cleared by the Food and Drug Administration for the treatment of pain as an alternative or augment to opioid therapy.
 (3)Improving and disseminating treatment strategies for beneficiaries with psychiatric disorders, substance use disorders, or who are at risk of suicide, and treatment strategies to address health disparities related to opioid use and opioid abuse treatment.
 (4)Improving and disseminating treatment strategies for beneficiaries with comorbidities who require a consultation or comanagement of pain with one or more specialists in pain management, mental health, or addiction treatment, including in a hospital setting.
 (5)Educating providers on risks of coadministration of opioids and other drugs, particularly benzodiazepines.
 (6)Ensuring appropriate case management for beneficiaries who transition between inpatient and outpatient hospital settings, or between opioid therapy to non-opioid therapy, which may include the use of care transition plans.
 (7)Expanding outreach activities designed to educate providers of services and suppliers under the Medicare program and individuals entitled to benefits under part A or under part B of such title on alternative, non-opioid therapies to manage and treat acute and chronic pain.
 (8)Creating a beneficiary education tool on alternatives to opioids for chronic pain management. (e)Impact analysisThe impact analysis described in this subsection consists of an analysis of any potential effects implementing the options described in subsection (d) would have—
 (1)on expenditures under the Medicare program; and (2)on preventing or reducing opioid addiction for individuals receiving benefits under the Medicare program.
				7.Suspension of payments by Medicare prescription drug plans and MA–PD plans pending investigations
			 of credible allegations of fraud by pharmacies
 (a)In generalSection 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the following new paragraph:

					(7)Suspension of payments pending investigation of credible allegations of fraud by pharmacies
 (A)In generalThe provisions of section 1862(o) shall apply with respect to a PDP sponsor with a contract under this part, a pharmacy, and payments to such pharmacy under this part in the same manner as such provisions apply with respect to the Secretary, a provider of services or supplier, and payments to such provider of services or supplier under this title.
 (B)Rule of constructionNothing in this paragraph shall be construed as limiting the authority of a PDP sponsor to conduct postpayment review..
 (b)Application to MA–PD plansSection 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w–27(f)(3)) is amended by adding at the end the following new subparagraph:

 (D)Suspension of payments pending investigation of credible allegations of fraud by pharmaciesSection 1860D–12(b)(7).. (c)Conforming amendmentSection 1862(o)(3) of the Social Security Act (42 U.S.C. 1395y(o)(3)) is amended by inserting , section 1860D–12(b)(7) (including as applied pursuant to section 1857(f)(3)(D)), after this subsection.
 (d)Clarification relating to credible allegation of fraudSection 1862(o) of the Social Security Act (42 U.S.C. 1395y(o)) is amended by adding at the end the following new paragraph:

 (4)Credible allegation of fraudIn carrying out this subsection, section 1860D–12(b)(7) (including as applied pursuant to section 1857(f)(3)(D)), and section 1903(i)(2)(C), a fraud hotline tip (as defined by the Secretary) without further evidence shall not be treated as sufficient evidence for a credible allegation of fraud..
 (e)Effective dateThe amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2020.

	Passed the House of Representatives June 19, 2018.Karen L. Haas,Clerk


		I
		112th CONGRESS
		2d Session
		H. R. 4444
		IN THE HOUSE OF REPRESENTATIVES

			April 19, 2012
			Mr. Chabot (for
			 himself and Mrs. Schmidt) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To reduce temporarily the rate of duty on frames and
		  mountings for spectacles, goggles, or the like, the foregoing of
		  plastics.

		1.Frames and mountings for
			 spectacles, goggles, or the like, the foregoing of plastics
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Frames and mountings for spectacles, goggles, or the like, the
						foregoing of plastics (provided for in subheading 9003.11.00) 2.4%No
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


114 HR 1162 : Science Prize Competitions Act
U.S. House of Representatives
2015-05-20
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. 1162
		IN THE SENATE OF THE UNITED STATES
		May 20, 2015Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACT
		To make technical changes to provisions authorizing prize competitions under the Stevenson-Wydler
			 Technology Innovation Act of 1980.

 1.Short titleThis Act may be cited as the Science Prize Competitions Act. 2.Amendments to prize competitionsSection 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) is amended—
 (1)in subsection (c)— (A)by inserting competition after section, a prize;
 (B)by inserting types after following; and (C)in paragraph (4), by striking prizes and inserting prize competitions;
 (2)in subsection (f)— (A)by striking in the Federal Register and inserting on a publicly accessible Government website, such as www.challenge.gov,; and
 (B)in paragraph (4), by striking prize and inserting cash prize purse; (3)in subsection (g), by striking prize and inserting cash prize purse;
 (4)in subsection (h), by inserting prize before competition both places it appears; (5)in subsection (i)—
 (A)in paragraph (1)(B), by inserting prize before competition; (B)in paragraph (2)(A), by inserting prize before competition both places it appears;
 (C)by redesignating paragraph (3) as paragraph (4); and (D)by inserting after paragraph (2) the following new paragraph:

 (3)WaiverAn agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers.;
 (6)in subsection (k)— (A)in paragraph (2)(A), by inserting prize before competition; and
 (B)in paragraph (3), by inserting prize before competitions both places it appears; (7)in subsection (l), by striking all after may enter into and inserting a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section.;
 (8)in subsection (m)— (A)by amending paragraph (1) to read as follows:

 (1)In generalSupport for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation.;
 (B)in paragraph (2), by striking prize awards and inserting cash prize purses; (C)in paragraph (3)(A)—
 (i)by striking No prize and inserting No prize competition; and (ii)by striking the prize and inserting the cash prize purse;
 (D)in paragraph (3)(B), by striking a prize and inserting a cash prize purse; (E)in paragraph (3)(B)(i), by inserting competition after prize;
 (F)in paragraph (4)(A), by striking a prize and inserting a cash prize purse; and (G)in paragraph (4)(B), by striking cash prizes and inserting cash prize purses;
 (9)in subsection (n), by inserting for both for-profit and nonprofit entities, after contract vehicle; (10)in subsection (o)(1), by striking or providing a prize and insert a prize competition or providing a cash prize purse; and
 (11)in subsection (p)(2)— (A)in subparagraph (C), by striking cash prizes both places it occurs and inserting cash prize purses; and
 (B)by adding at the end the following new subparagraph:  (G)PlanA description of crosscutting topical areas and agency-specific mission needs that may be the strongest opportunities for prize competitions during the upcoming 2 fiscal years..

	Passed the House of Representatives May 19, 2015.Karen L. Haas,Clerk


I
One Hundred Eleventh Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. R. 4095

AN ACT
To designate the facility of the United States Postal Service located at 9727 Antioch Road in Overland Park, Kansas, as the Congresswoman Jan Meyers Post Office Building.

1.Congresswoman Jan Meyers Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 9727 Antioch Road in Overland Park, Kansas, shall be known and designated as the Congresswoman Jan Meyers Post Office Building.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Congresswoman Jan Meyers Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


117 HR 2111 IH: Michael Lecik Military Firefighters Protection Act
U.S. House of Representatives
2021-03-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2111IN THE HOUSE OF REPRESENTATIVESMarch 19, 2021Ms. Spanberger (for herself, Mr. Bacon, Mr. Lamb, Mr. Fitzpatrick, Mrs. Luria, Mr. Katko, Mr. Beyer, Mrs. Hinson, Ms. Sherrill, Mr. Van Drew, Mr. Suozzi, and Mr. Meijer) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to establish presumptions of service connection for diseases associated with firefighting.
1.Short titleThis Act may be cited as the Michael Lecik Military Firefighters Protection Act. 2.Presumptions of service connection for diseases associated with firefighting (a)EstablishmentSubchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section:

1119.Presumptions of service connection for diseases associated with firefighting
(a)Service connectionFor the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a veteran described in subsection (c) to a degree of disability specified in subsection (d) and within the period specified in subsection (e) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during a period of such service. (b)Specified diseasesThe diseases specified in this subsection are the following:
(1)Heart disease. (2)Lung disease.
(3)Brain cancer. (4)Cancer of the blood or lymphatic systems.
(5)Leukemia. (6)Lymphoma (except Hodgkin’s disease).
(7)Multiple myeloma. (8)Bladder cancer.
(9)Kidney cancer. (10)Cancer of the reproductive system (including testicular cancer).
(11)Cancer of the digestive system. (12)Colon cancer.
(13)Liver cancer. (14)Skin cancer.
(15)Lung cancer. (16)Breast cancer.
(17)Each additional disease (if any) that the Secretary determines in regulations prescribed under this section— (A)warrants a presumption of service connection by reason of having positive association with firefighting; and
(B)becomes manifest within the period (if any) prescribed in such regulations in a veteran described in subsection (c), notwithstanding subsection (e). (c)Covered veteransA veteran described in this subsection is a veteran who—
(1)is trained in fire suppression; and (2)served on active duty in a military occupational specialty or career field with a primary responsibility for firefighting or damage control for at least five years in the aggregate.
(d)Degree of disabilityThe degree of disability specified in this subsection is 10 percent or more. (e)PeriodThe period specified in this subsection is within 15 years of the date on which the veteran separated from active military, naval, or air service.
(f)Effective date of awardThe effective date of an award under this section shall be determined in accordance with section 5110 of this title.. (b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item:

1119. Presumptions of service connection for diseases associated with firefighting..


		IIB
		112th CONGRESS
		2d Session
		H. R. 5044
		IN THE SENATE OF THE UNITED
		  STATES

			September 20, 2012
			Received; read twice and referred to the
			 Committee on
			 Finance

		AN ACT
		To amend the Internal Revenue Code of 1986
		  to exclude from gross income any discharge of indebtedness income on education
		  loans of deceased veterans.

		1.Short titleThis Act may be cited as the
			 Andrew P. Carpenter Tax
			 Act.
		2.Discharge of
			 indebtedness income on education loans of deceased veterans
			(a)In
			 generalSubsection (f) of
			 section
			 108 of the Internal Revenue Code of 1986 is amended by adding
			 at the end the following new paragraph:

					(5)Deceased
				veterans
						(A)In
				generalIn the case of any
				student loan described in subparagraph (B) of an individual who is a veteran
				who served on active duty in the Armed Forces of the United States and who is
				deceased as a result of a service-connected disability, no amount which (but
				for this paragraph) would otherwise be includible in gross income by reason of
				the discharge (in whole or in part) of such loan shall be includible in gross
				income of any cosigner on such loan.
						(B)Student loan
				describedFor purposes of subparagraph (A), a student loan
				described in this subparagraph is a loan that—
							(i)is
				made, insured, or guaranteed under title IV of the Higher Education Act of
				1965, or
							(ii)is a private education loan (as defined in
				section 140(a)(7) of the Truth in Lending Act (15 U.S.C. 1650(a)(7))), made by an
				entity (other than an entity described in paragraph (2)) to an individual to
				assist the individual in attending an educational organization described in
				section 170(b)(1)(A)(ii).
							(C)Service-connected
				disabilityFor purposes of
				subparagraph (A), the term service-connected disability has the
				meaning given such term by
				section
				101(16) of title 38, United States
				Code.
						.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to discharges of indebtedness occurring on or after
			 October 7, 2001.
			(c)Waiver of
			 limitation for credits and refunds attributable to this ActIf
			 the credit or refund of any overpayment of tax resulting from the application
			 of the amendment made by subsection (a) to a period before the date of
			 enactment of this Act is prevented as of such date by the operation of any law
			 or rule of law (including res judicata), such credit or refund may nevertheless
			 be allowed or made if the claim therefor is filed before the close of the
			 1-year period beginning on the date of the enactment of this Act.
			3.Accounts in the Thrift
			 Savings Fund subject to certain Federal tax levies
			(a)In
			 generalSection 8437(e)(3)
			 of title 5, United States Code, is amended in the first sentence—
				(1)by striking
			 659) and inserting 659),; and
				(2)by striking the
			 period at the end and inserting the following: , and shall be subject to
			 a Federal tax levy under
			 section
			 6331 of the Internal Revenue Code of 1986..
				(b)Disposition of
			 amountsAny potential revenue gain attributable to the enactment
			 of this Act, as determined by the Director of the Congressional Budget
			 Office—
				(1)shall be deposited
			 in the general fund of the Treasury of the United States; and
				(2)shall be used
			 solely for purposes of deficit reduction.

			Passed the House of
			 Representatives September 19, 2012.
			Karen L. Haas,
			Clerk.