114 HR 5207 IH: Freedom of Religion Act of 2016
U.S. House of Representatives
2016-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5207
		IN THE HOUSE OF REPRESENTATIVES

			May 12, 2016
			Mr. Beyer (for himself, Mr. Honda, Ms. Schakowsky, Mr. Carson of Indiana, Mr. Crowley, Ms. Norton, Mr. Ellison, Ms. McCollum, Mr. Hinojosa, Mr. Langevin, Mr. Van Hollen, Mr. Pallone, Mr. Blumenauer, Mr. Israel, Mr. Moulton, Mr. Welch, Mr. Kildee, Mr. Ryan of Ohio, Mr. Al Green of Texas, Ms. Velázquez, Mrs. Watson Coleman, Mr. Smith of Washington, Mr. Cummings, Mr. Rush, Mr. Becerra, Ms. Jackson Lee, Mrs. Lawrence, Mr. Takai, Mr. Delaney, Mr. Levin, Mr. Takano, Mr. Sires, Mr. Tonko, Mr. McDermott, Ms. Eddie Bernice Johnson of Texas, Mr. Cicilline, Mr. Hoyer, Mr. Kilmer, Mr. Rangel, Ms. Lee, Mr. Norcross, Mr. Conyers, Mr. Grijalva, Mr. Payne, Mr. Hastings, Mr. Huffman, Mr. Brady of Pennsylvania, Mr. Heck of Washington, Mr. McGovern, Mr. Larson of Connecticut, Mrs. Dingell, Mr. Farr, Ms. Bonamici, Mr. Hanna, Mr. Gutiérrez, Mr. Cárdenas, Mr. Brendan F. Boyle of Pennsylvania, Mr. Pocan, Mr. Johnson of Georgia, Ms. Lofgren, Mr. Serrano, Mr. Garamendi, Mr. Kind, Mr. Himes, Ms. Judy Chu of California, Mrs. Napolitano, Mr. Murphy of Florida, Ms. Clark of Massachusetts, Mr. Swalwell of California, Ms. Kaptur, Miss Rice of New York, Mr. Engel, Ms. Matsui, Mr. Walz, Mr. Capuano, Mr. Sherman, Mr. Fattah, Mrs. Torres, Ms. Titus, Mr. Pascrell, Ms. Meng, Mr. Lowenthal, Mr. Connolly, Ms. Edwards, Mr. Ted Lieu of California, Ms. Bordallo, Mr. Cartwright, Ms. DelBene, Ms. Brownley of California, Mr. Price of North Carolina, Mrs. Capps, Mr. Butterfield, Mr. Courtney, Mr. Jeffries, Mr. Sean Patrick Maloney of New York, Mr. Cohen, Mr. Michael F. Doyle of Pennsylvania, Mr. Richmond, and Ms. Roybal-Allard) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend the Immigration and Nationality Act to provide that an alien may not be denied admission
			 to the United States because of the alien’s religion, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Freedom of Religion Act of 2016. 2.Prohibition on denying admission because of religionChapter 2 of title I of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 219 the following:

 220.Prohibition on denying admission because of religionNotwithstanding any other provision of the immigration laws, an alien may not be denied admission to the United States because of the alien’s religion or lack of religious beliefs..


113 HR 3387 IH: Classified Veterans Access to Care Act
U.S. House of Representatives
2013-10-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS 1st Session
H. R. 3387
IN THE HOUSE OF REPRESENTATIVES

October 30, 2013
Ms. Sinema (for herself, Mr. Murphy of Pennsylvania, Mr. Benishek, Ms. Gabbard, Mrs. Kirkpatrick, and Mr. Hunter) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To amend title 38, United States Code, to improve the mental health treatment provided by the Secretary of Veterans Affairs to veterans who served in classified missions.

1.Short titleThis Act may be cited as the Classified Veterans Access to Care Act.
2.Mental health treatment for veterans who served in classified missions
(a)Sense of CongressIt is the sense of Congress that veterans who experience combat-related mental health wounds should have immediate, appropriate, and consistent access to comprehensive mental health care.
(b)In generalSubchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following section:

1720H.Mental health treatment for veterans who served in classified missions
(a)Establishment of standards
(1)The Secretary shall establish standards and procedures to ensure that each covered veteran may access mental health care provided by the Secretary in a manner that fully accommodates the obligation of the veteran to not improperly disclose classified information.
(2)The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage covered veterans during the course of mental health treatment with respect to classified information.
(b)IdentificationIn carrying out this section, the Secretary shall ensure that a veteran may elect to identify as a covered veteran on an appropriate form.
(c)DefinitionsIn this section:
(1)The term classified information means any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.
(2)The term covered veteran means a veteran who—
(A)is enrolled in the health care system established under section 1705(a) of this title;
(B)is seeking mental health treatment; and
(C)in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.
(3)The term sensitive mission means a mission of the Armed Forces that, at the time at which a covered veteran seeks treatment, is classified.
(4)The term sensitive unit has the meaning given that term in section 130b(c)(4) of title 10. .
(c)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding after the item relating to section 1720G the following new item:

1720H. Mental health treatment for veterans who served in classified missions..


116 HR 7494 IH: Broadband Adoption and Opportunity Act
U.S. House of Representatives
2020-07-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7494IN THE HOUSE OF REPRESENTATIVESJuly 6, 2020Mr. O'Halleran (for himself and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Assistant Secretary of Commerce for Communications and Information to establish a pilot program to increase access to internet-capable devices through public-private partnerships, to establish best practices for States and Indian Tribes for reducing the barriers to, and increasing the adoption of, broadband internet access service, and for other purposes.1.Short titleThis Act may be cited as the Broadband Adoption and Opportunity Act.2.Internet-capable device access pilot program(a)Pilot programNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall establish a pilot program for the purposes of using public-private partnerships seeking to—(1)refurbish internet-capable devices; and(2)establish or carry out one or more donation, lending, or purchasing programs that increases access to such refurbished devices to individuals that do not have internet-capable devices. (b)ApplicationTo be eligible to participate in the pilot program under this section, a public-private partnership shall submit to the Assistant Secretary an application, in such a form and in such a manner as the Assistant Secretary may require. (c)CriteriaIn determining whether to approve an application submitted by a public-private partnership under this section, the Assistant Secretary shall consider, in addition to other such criteria as the Assistant Secretary determines appropriate— (1)the ability of the public-private partnership to—(A)refurbish internet-capable devices; and(B)establish or carry out one or more donation, lending, or purchasing programs that increases access to refurbished internet-capable devices to individuals that do not have internet-capable devices; and(2)the extent to which the public-private partnership demonstrates in the application—(A)organizational experience in—(i)refurbishing internet-capable devices;(ii)identifying individuals that do not have internet-capable devices; and(iii)providing training and end-user support to such individuals as part of a comprehensive digital inclusion program; and(B)the ability to establish or carry out one or more donation, lending, or purchasing programs that provide refurbished internet-capable devices to individuals in a county that the Assistant Secretary determines has a significant need for internet-capable devices.(d)Determination of significant needFor the purpose of determining whether a county has a significant need for internet-capable devices under subsection (c)(2)(B), the Assistant Secretary may consider relevant data provided by the American Community Survey or the Federal Communications Commission. (e)DurationThe Assistant Secretary shall carry out the pilot program under this section for a period not longer than 5 years.(f)ReportNot later than 180 days after the termination of the pilot program under this section, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make available to the public, a report on the efficacy of the pilot program, including—(1)any outcome measures used by the Assistant Secretary to determine efficacy;(2)the efficacy of public-private partnerships participating in the pilot program under this section in—(A)refurbishing internet-capable devices; and(B)establishing or carrying out a donation, lending, or purchasing programs that provides refurbished internet-capable devices to individuals that do not have internet-capable devices; and (3)any barriers that prevent or hinder access to internet-capable devices, as identified by the Assistant Secretary. (g)Authorization of appropriations(1)In generalThere are authorized to be appropriated to the Assistant Secretary to carry out this section $50,000,000 for fiscal year 2021, which shall remain available until expended.(2)Administrative costsNot more than 5 percent of the amount appropriated under paragraph (1) shall be used for administrative expenses.(h)Public-Private partnership definedIn this section, the term public-private partnership means a partnership between at least two entities, which may include the following: (1)A private sector entity.(2)A nonprofit organization.(3)A library.(4)A community anchor institution.(5)A provider of broadband internet access service.(6)An appropriate State agency (or in the case of an Indian Tribe, the tribal equivalent of an appropriate State agency). 3.Development of best practices(a)In generalNot later than 18 months after the date of the enactment of this Act, the Assistant Secretary shall, in consultation with the Federal Communications Commission, States and Indian Tribes, and the entities described in subsection (b), develop recommendations for States and Indian Tribes (and any political subdivisions thereof, respectively) on best practices for reducing the barriers to, and increasing the adoption of, broadband internet access service within the respective State or Indian Tribe (or any political subdivision thereof, respectively), including best practices for—(1)determining how to increase the adoption of broadband internet access service among individuals (including individuals with disabilities) in different educational, racial, ethnic, socio-economic, and age groups; (2)developing informational strategies for individuals (including individuals with disabilities) in different educational, racial, ethnic, socio-economic, and age groups that help such individuals identify, and understand how to qualify for, low-cost broadband internet access service programs;(3)determining how to assist libraries, community anchor institutions, or nonprofit organizations in establishing or expanding technical training programs for individuals (including individuals with disabilities) in different educational, racial, ethnic, socio-economic, and age groups, to learn skills to use internet-capable devices to access services or accomplish tasks; and (4)identifying the appropriate data metrics to use to measure the adoption of broadband internet access service within the respective State or Indian Tribe (or political subdivision thereof, respectively). (b)Entities describedThe entities described in this subsection are as follows:(1)Community anchor institutions.(2)Libraries.(3)Appropriate State agencies.(4)State educational agencies.(5)State library administrative agencies.(6)Nonprofit organizations.(7)Cooperative organizations.(8)Private sector entities.(9)Providers of broadband internet access service.(10)Bureau-funded schools.(c)Development of best practicesIn developing the best practices under subsection (a), the Assistant Secretary shall identify, and include in such best practices, any resources available through the Broadband USA program of the National Telecommunications and Information Administration that a State or Indian Tribe (or political subdivisions thereof, respectively) may use for the purpose of increasing the adoption of broadband internet access service within the respective State or Indian Tribe. 4.DefinitionsIn this Act:(1)Adoption of broadband internet access serviceThe term adoption of broadband internet access service means the process by which an individual—(A)develops skills necessary to accomplish common tasks using broadband internet access service; and(B)obtains daily access to the internet through broadband internet access service.(2)Assistant SecretaryThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.(3)Appropriate State agencyThe term appropriate State agency has the meaning given the term in section 706(a) of the RAY BAUM’S Act of 2018 (47 U.S.C. 1504).(4)Broadband internet access serviceThe term broadband internet access service has the meaning given that term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.(5)Bureau-funded schoolThe term bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).(6)Community anchor institutionThe term community anchor institution has the meaning given the term in section 54.5 of title 47, Code of Federal Regulations.(7)DisabilityThe term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).(8)Indian TribeThe term Indian Tribe has the meaning given the term Indian tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).(9)Internet-capable deviceThe term internet-capable device means a desktop computer, laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service, either by receiving such service directly or through the use of Wi-Fi.(10)LibraryThe term library has the meaning given the term in section 213 of the Museum and Library Services Act (20 U.S.C. 9122) including only—(A)a public library;(B)a public elementary school or secondary school library;(C)a Tribal library; and(D)an academic library.(11)RefurbishThe term refurbish means the process to repair the condition of or update the software of an internet-capable device in such a form and in such a manner so that such device is capable of accessing and performing tasks or services through broadband internet access service.(12)StateThe term State means the 50 States, the District of Columbia, and the territories and possessions of the United States.(13)State educational agencyThe term State educational agency has the meaning given the term in section 300.41 of title 34, Code of Federal Regulations.(14)State library administrative agencyThe term State library administrative agency has the meaning given the term in section 213 of the Museum and Library Services Act (20 U.S.C. 9122).


		II
		111th CONGRESS
		2d Session
		S. 3993
		IN THE SENATE OF THE UNITED STATES

			December 1, 2010
			Mr. Wyden (for himself,
			 Mr. Risch, Mr.
			 Crapo, and Mr. Merkley)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To expand geothermal production, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Geothermal Production Expansion Act of
			 2010.
		2.FindingsCongress finds that—
			(1)it is in the best interest of the United
			 States to develop clean renewable geothermal energy;
			(2)development of
			 that energy should be promoted on appropriate Federal land;
			(3)under the Energy
			 Policy Act of 2005 (42 U.S.C. 15801 et seq.), the Bureau of Land Management is
			 authorized to issue 3 different types of noncompetitive leases for production
			 of geothermal energy on Federal land, including—
				(A)noncompetitive
			 geothermal leases to mining claim holders that have a valid operating
			 plan;
				(B)direct use
			 leases; and
				(C)leases on parcels
			 that do not sell at a competitive auction;
				(4)Federal geothermal
			 energy leasing activity should be directed toward persons seeking to develop
			 the land as opposed to persons seeking to speculate on geothermal resources and
			 artificially raising the cost of legitimate geothermal energy
			 development;
			(5)developers of geothermal energy on Federal
			 land that have invested substantial capital and made high risk investments
			 should be allowed to secure a discovery of geothermal energy resources;
			 and
			(6)successful
			 geothermal development on Federal land will provide increased revenue to the
			 Federal Government, with the payment of production royalties over
			 decades.
			3.Noncompetitive leasing
			 of adjoining areas for development of geothermal resourcesSection 4(b) of the Geothermal Steam Act of
			 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following:

				(4)Adjoining
				land
					(A)DefinitionsIn this paragraph:
						(i)Fair market
				value per acreThe term
				fair market value per acre means a dollar amount per acre
				that—
							(I)except as provided
				in this clause, shall be equal to the market value per acre as determined by
				the Secretary under regulations issued under this paragraph;
							(II)shall be
				determined by the Secretary with respect to a lease under this paragraph, by
				not later than the end of the 90-day period beginning on the date the Secretary
				receives an application for the lease; and
							(III)shall be not
				less than the greater of—
								(aa)4
				times the median amount paid per acre for all land leased under this Act during
				the preceding year; or
								(bb)$50.
								(ii)Industry
				standardsThe term
				industry standards means the standards by which a qualified
				geothermal professional assesses whether downhole or flowing temperature
				measurements with indications of permeability are sufficient to produce energy
				from geothermal resources, as determined through flow or injection testing or
				measurement of lost circulation while drilling.
						(iii)Qualified
				Federal landThe term qualified Federal land means
				land that is otherwise available for leasing under this Act.
						(iv)Qualified
				geothermal professionalThe
				term qualified geothermal professional means an individual who is
				an engineer or geoscientist in good professional standing with at least 5 years
				of experience in geothermal exploration, development, or project
				assessment.
						(v)Qualified
				lesseeThe term
				qualified lessee means a person that may hold a geothermal lease
				under part 3202.10 of title 43, Code of Federal Regulations, as in effect on
				the date of enactment of the Geothermal
				Production Expansion Act of 2010.
						(vi)Valid
				discoveryThe term
				valid discovery means a discovery of a geothermal resource by a
				new or existing slim hole or production well, that exhibits downhole or flowing
				temperature measurements with indications of permeability that are sufficient
				to meet industry standards.
						(B)AuthorityAn
				area of qualified Federal land that adjoins other land for which a qualified
				lessee holds a legal right to develop geothermal resources may be available for
				a noncompetitive lease under this section to the qualified lessee at the fair
				market value per acre, if—
						(i)the area of
				qualified Federal land—
							(I)consists of not
				less than 1 acre and not more than 640 acres; and
							(II)is not already
				leased under this Act or nominated to be leased under subsection (a);
							(ii)the qualified
				lessee has not previously received a noncompetitive lease under this paragraph
				in connection with the valid discovery for which data has been submitted under
				clause (iii)(I); and
						(iii)sufficient
				geological and other technical data prepared by a qualified geothermal
				professional has been submitted by the qualified lessee to the applicable
				Federal land management agency that would lead individuals who are experienced
				in the subject matter to believe that—
							(I)there is a valid
				discovery of geothermal resources on the land for which the qualified lessee
				holds the legal right to develop geothermal resources; and
							(II)that thermal
				feature extends into the adjoining areas.
							(C)Determination of
				fair market value
						(i)In
				generalThe Secretary shall—
							(I)publish a notice
				of any request to lease land under this paragraph;
							(II)determine fair
				market value for purposes of this paragraph in accordance with procedures for
				making those determinations that are established by regulations issued by the
				Secretary;
							(III)provide to a qualified lessee and publish
				any proposed determination under this subparagraph of the fair market value of
				an area that the qualified lessee seeks to lease under this paragraph;
							(IV)provide to the
				qualified lessee the opportunity to appeal the proposed determination during
				the 30-day period beginning on the date that the proposed determination is
				provided to the qualified lessee; and
							(V)provide to any
				interested member of the public the opportunity to appeal the proposed
				determination in accordance with the process established under parts 4 and
				1840, and section 3200.5, of title 43, Code of Federal Regulations (as in
				effect on the date of enactment of the Geothermal Production Expansion Act of 2010)
				during the 30-day period beginning on the date that the proposed determination
				is published.
							(ii)Limitation on
				nominationAfter publication of a notice of request to lease land
				under this paragraph, the Secretary may not accept under subsection (a) any
				nomination of the land for leasing unless the request has been denied or
				withdrawn.
						(D)RegulationsNot
				later than 180 days after the date of enactment of the
				Geothermal Production Expansion Act of
				2010, the Secretary shall issue regulations to carry out this
				paragraph.
					.


		II

		109th CONGRESS

		1st Session

		S. 1995

		IN THE SENATE OF THE UNITED STATES

			November 10, 2005

			Mr. Jeffords (for

			 himself, Mr. Lautenberg,

			 Mrs. Boxer, and Mr. Obama) introduced the following bill; which was

			 read twice and referred to the Committee

			 on Environment and Public Works

		A BILL

		To amend the Federal Water Pollution Control Act to

		  enhance the security of wastewater treatment works.

		1.Short titleThis Act may be cited as the

			 Wastewater Treatment Works Security

			 Act of 2005.

		2.Wastewater

			 treatment works securityTitle

			 II of the Federal Water Pollution Control

			 Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the

			 following:

				222.Wastewater

				treatment works security

					(a)DefinitionsIn

				this section:

						(1)Alternative

				approach

							(A)In

				generalThe term alternative approach means a method

				of preventing or reducing—

								(i)the threat of a

				harmful intentional act; or

								(ii)the consequences

				of a harmful intentional act.

								(B)InclusionsThe

				term alternative approach includes—

								(i)an approach at a

				treatment works that—

									(I)uses smaller

				quantities, or less hazardous forms, of substances of concern;

									(II)replaces a

				substance of concern with a less hazardous substance; or

									(III)uses a process

				that is less hazardous; and

									(ii)with respect to

				a treatment works that uses chlorine for disinfection, an approach that

				considers the use of sodium hypochlorite, ozone, ultraviolet radiation, and

				other appropriate treatment chemicals that are less hazardous than

				chlorine.

								(2)ConsiderationThe

				term consideration, with respect to the consideration of an

				alternative approach, includes consideration of—

							(A)the benefits and

				risks of the alternative approach;

							(B)the potential for

				the alternative approach to prevent or reduce the threat or the consequences of

				a harmful intentional act, including hazards to human health and the

				environment (as described in section 112(r)(7)(B) of the

				Clean Air Act (42 U.S.C.

				7412(r)(7)(B));

							(C)the cost and

				technical feasibility of the alternative approach; and

							(D)the effect of the

				alternative approach on employee safety.

							(3)Emergency

				response planThe term emergency response plan means

				a plan developed by a treatment works that describes the procedures to be

				followed by the treatment works in the event of a harmful intentional act,

				including a description of, at a minimum, particular equipment, plans, and

				procedures that could be implemented or used by or at the treatment works in

				the event of a harmful intentional act.

						(4)Harmful

				intentional ActThe term harmful intentional act

				means a terrorist attack or other intentional act carried out upon a treatment

				works that is intended—

							(A)to substantially

				disrupt the ability of the treatment works to provide safe and reliable—

								(i)conveyance and

				treatment of wastewater;

								(ii)disposal of

				effluent; or

								(iii)storage of a

				potentially hazardous chemical used to treat wastewater;

								(B)to damage

				critical infrastructure;

							(C)to have an

				adverse effect on the environment; or

							(D)to otherwise pose

				a significant threat to public health or safety.

							(5)Owner or

				operatorThe term owner or operator means any

				individual or entity that owns, leases, operates, controls, or supervises a

				treatment works.

						(6)Site security

				planThe term site security plan means a plan to

				ensure or enhance, to the maximum extent practicable, the security of a

				treatment works that includes—

							(A)security

				enhancements to significantly reduce the vulnerability of the treatment works

				covered by the plan to a harmful intentional act;

							(B)consideration of

				alternative approaches and, where practicable in the judgment of the owner or

				operator of the treatment works, implementation of options to reduce the threat

				or consequences of a harmful intentional act through the use of alternative

				approaches;

							(C)a certification

				by the owner or operator of the treatment works that alternative approaches

				were considered;

							(D)a description of

				the alternative approaches selected, if any; and

							(E)an explanation of

				the reasons why particular alternative approaches were not selected.

							(7)Substance of

				concernThe term substance of concern means—

							(A)any regulated

				substance (as defined in section 112(r) of the Clean Air Act (42 U.S.C.

				7412(r)); and

							(B)any substance

				designated by the Administrator under subsection (j).

							(8)Vulnerability

				assessment

							(A)In

				generalThe term vulnerability assessment means an

				assessment of the vulnerability of a treatment works to a harmful intentional

				act.

							(B)InclusionsThe

				term vulnerability assessment includes—

								(i)a

				review of the vulnerabilities of the treatment works that identifies, with

				respect to the treatment works—

									(I)facilities,

				systems, and devices used in the storage, treatment, recycling, or reclamation

				of municipal sewage or industrial waste;

									(II)intercepting

				sewers, outfall sewers, sewage collection systems, and other constructed

				conveyances;

									(III)electronic,

				computer, and other automated systems;

									(IV)pumping, power,

				and other equipment;

									(V)use, storage, and

				handling of various chemicals; and

									(VI)operation and

				maintenance procedures; and

									(ii)the

				identification of procedures, countermeasures, and equipment that a treatment

				works may implement or use to reduce the vulnerabilities of the treatment works

				identified in a review described in clause (i).

								(b)Grants for

				vulnerability assessments, site security plans, emergency response plans,

				security enhancements, alternative approaches, and technical

				assistance

						(1)In

				generalThe Administrator may provide grants to a treatment

				works, State, municipality, or intermunicipal or interstate agency—

							(A)to conduct a

				vulnerability assessment of a treatment works;

							(B)to prepare and

				implement a site security plan;

							(C)to prepare an

				emergency response plan;

							(D)to implement

				security enhancements described in subsection (c) and other security

				enhancements to reduce vulnerabilities identified in a vulnerability assessment

				for treatment works that have—

								(i)completed a

				vulnerability assessment;

								(ii)complied with

				subsection (e); and

								(iii)received a

				certificate of approval from the Administrator under subsection

				(e)(2)(B);

								(E)to implement

				security enhancements described in subsection (c) and other security

				enhancements to reduce vulnerabilities identified in a vulnerability assessment

				for treatment works that do not meet the criteria described in subparagraph

				(D);

							(F)to implement

				alternative approaches at a treatment works, such as the use of an alternative

				treatment chemical, that would reduce the threat or consequences of a harmful

				intentional act; and

							(G)to obtain

				technical assistance in carrying out any of subparagraphs (A) through

				(F).

							(2)Grant

				amounts

							(A)Federal

				shareThe Federal share of the cost of an activity funded by a

				grant under paragraph (1) shall not exceed 55 percent, as determined by the

				Administrator.

							(B)Maximum

				amountThe total amount of grants made under subparagraphs (A),

				(B), (C), (E), (F), and (G) of paragraph (1) for any treatment works shall not

				exceed $150,000, as determined by the Administrator, except in a case in which

				the Administrator determines that additional funds are appropriate, given the

				threat level and potential impact on human health, welfare, environment,

				critical infrastructure, and national security.

							(3)PriorityThe

				Administrator shall give—

							(A)priority for the

				provision of grants under this subsection to treatment works described in

				paragraph (1) that apply for grants under subsection (c); and

							(B)first priority

				for grants under subsection (c) to treatment works that have completed

				vulnerability assessments.

							(c)Grants for

				security enhancements

						(1)Security

				enhancementsThe Administrator may provide grants to the

				applicant under subparagraphs (D) and (E) of subsection (b)(1) for 1 or more of

				the uses described in paragraph (2).

						(2)Uses of grant

				fundsThe uses referred to in paragraph (1) are—

							(A)the purchase and

				installation of equipment for materials and activities relating to access

				control, intrusion prevention and delay, and detection of intruders and

				hazardous or dangerous substances, including—

								(i)barriers,

				fencing, and gates;

								(ii)security

				lighting and cameras;

								(iii)metal grates,

				wire mesh, and outfall entry barriers;

								(iv)securing of

				manhole covers and fill and vent pipes;

								(v)installation and

				rekeying of doors and locks; and

								(vi)smoke, chemical,

				and explosive mixture detection systems;

								(B)the conduct of

				activities to improve the security of electronic, computer, or other automated

				systems and remote security systems, including—

								(i)controlling

				access to those systems;

								(ii)intrusion

				detection and prevention; and

								(iii)system backup;

				and

								(C)participation in

				training programs, and the purchase of training manuals and guidance material,

				relating to security.

							(3)Additional

				security enhancements

							(A)GrantsThe

				Administrator may provide a grant under subsection (b) to an applicant for

				additional security enhancements not specified in paragraph (2).

							(B)EligibilityTo

				be eligible for a grant under this subsection, an applicant shall—

								(i)submit to the

				Administrator an application containing a description of the security

				enhancement;

								(ii)as appropriate,

				submit the certificate of approval of the Administrator for the appropriate

				treatment works under subsection (e)(2)(B); and

								(iii)obtain approval

				of the application by the Administrator.

								(4)LimitationsA

				grant provided under subsection (b) shall not be used for—

							(A)payment of

				personnel costs; or

							(B)operation or

				maintenance of facilities, equipment, or systems.

							(5)Authorization

				of appropriations

							(A)In

				generalThere are authorized to be appropriated to provide grants

				under subsection (b) $225,000,000, of which—

								(i)$25,000,000 shall

				be used for grants under subparagraphs (A), (B), and (C) of subsection

				(b)(1);

								(ii)$150,000,000

				shall be used for grants under subparagraphs (D) and (F) of subsection

				(b)(1);

								(iii)$25,000,000

				shall be used for grants under subsection (b)(1)(E); and

								(iv)$25,000,000

				shall be used for grants under subsection (b)(1)(G).

								(B)AvailabilityAmounts

				made available under this paragraph shall remain available until

				expended.

							(d)Requirement

						(1)In

				generalNot later than 1 year after the date of enactment of this

				section, the Administrator shall promulgate regulations that require the owner

				or operator of each treatment works—

							(A)to conduct a

				vulnerability assessment for the treatment works;

							(B)to prepare and

				implement a site security plan for the treatment works that addresses the

				results of the vulnerability assessment;

							(C)to prepare an

				emergency response plan for the treatment works that addresses the results of

				the vulnerability assessment; and

							(D)to review and

				update the vulnerability assessment, site security plan, and emergency response

				plan.

							(2)RegulationsNot

				later than 1 year after the date of enactment of this section, the

				Administrator shall promulgate regulations establishing procedures, protocols,

				and standards for vulnerability assessments, site security plans, and emergency

				response plans.

						(3)Guidance to

				small entitiesNot later than 1 year after the date of enactment

				of this section, the Administrator shall issue guidance to assist small

				entities in complying with paragraph (1) and regulations promulgated under that

				paragraph.

						(4)Threat

				informationTo the maximum extent practicable under applicable

				authority and in the interests of national security, the Administrator shall

				provide to each owner or operator of a treatment works required to prepare a

				vulnerability assessment, site security plan, and emergency response plan

				threat information that is relevant to the treatment works, including

				notification of any elevated threat with respect to the treatment works.

						(5)Coordinated

				assessments and plansThe regulations promulgated under paragraph

				(1) shall permit the development and implementation of coordinated

				vulnerability assessments, site security plans, and emergency response plans in

				any case in which more than 1 treatment works is operating at a single location

				or at contiguous locations, including a case in which—

							(A)a treatment works

				is under the control of more than 1 owner or operator; or

							(B)a treatment works

				is operating with a community water system covered by sections 1433 through

				1435 of the Safe Drinking Water Act (42 U.S.C. 300iq–2 through 300i–4), at a

				single location or at contiguous locations, including a case in which a

				treatment works is under the control of more than 1 owner or operator.

							(e)Certification

				and submission

						(1)In

				generalEach owner or operator of a treatment works shall certify

				in writing to the Administrator that the owner or operator has, in accordance

				with this section (including regulations promulgated under this

				section)—

							(A)completed a

				vulnerability assessment;

							(B)prepared and

				implemented or is implementing a site security plan; and

							(C)prepared and

				implemented an emergency response plan.

							(2)Submission

							(A)In

				generalNot later than 18 months after the date of promulgation

				of regulations under subsection (d)(1), an owner or operator of a treatment

				works shall provide to the Administrator for review copies of the vulnerability

				assessment, site security plan, and emergency response plan of the treatment

				works.

							(B)Public

				certificate of approval

								(i)In

				generalNot later than 2 years after the date on which the

				Administrator receives the vulnerability assessment, site security plan, and

				emergency response plan of a treatment works under subparagraph (A), the

				Administrator shall determine whether the treatment works is in compliance with

				the requirements of this section (including paragraph (1) and regulations

				promulgated under this section).

								(ii)CertificateIf

				the Administrator determines that the treatment works is in compliance with the

				requirements of this section (including paragraph (1) and regulations

				promulgated under this section), the Administrator shall provide to the

				treatment works and make available for public inspection a certificate of

				approval that contains the following statement (in which statement the first

				bracketed space shall include the name of the treatment works and the second

				bracketed space shall include the Public Law number assigned to this

				Act):

								________

				is in compliance with Public Law

				_______..(iii)Determination

				of noncomplianceIf the Administrator determines under clause (i)

				that a treatment works is not in compliance with the requirements of this

				section (including paragraph (1) and regulations promulgated under this

				section), the Administrator may issue an order requiring the certification and

				submission of a vulnerability assessment, site security plan, or emergency

				response plan in accordance with this section.

								(iv)EnforcementIf

				the Administrator determines under clause (i) that, after receiving an order

				from the Administrator requiring the certification and submission of a

				vulnerability assessment, site security plan, or emergency response plan in

				accordance with this section, a treatment works is not in compliance with the

				requirements of this section (including paragraph (1) and the regulations

				promulgated under this section), the Administrator may issue an order or file a

				civil action requiring the treatment works to comply with those

				requirements.

								(3)OversightThe

				Administrator shall, at such times and places as the Administrator determines

				to be appropriate, conduct or require the conduct or submission of

				vulnerability assessments, site security plans, emergency response plans, and

				other activities (including third-party audits) to ensure, to the maximum

				extent practicable, and evaluate compliance with this section (including

				paragraph (1) and regulations promulgated under this section).

						(f)Protection of

				information

						(1)Disclosure

				exemptionExcept with respect to any certification, description,

				or explanation referred to in subparagraph (C), (D), or (E), respectively, of

				subsection (a)(6) and certifications specified in subsection (e)(2)(B)(ii), all

				vulnerability assessments, site security plans, and emergency response plans

				obtained in accordance with this subtitle, all grant applications relating to

				vulnerability assessments and security enhancements (including grant

				applications submitted in accordance with regulations promulgated to carry out

				this section), and all information derived from those vulnerability

				assessments, site security plans, emergency response plans, and applications

				(including information shared with Federal, State, and local government

				entities), shall be exempt from disclosure under—

							(A)section 552 of

				title 5, United States Code; and

							(B)any State or

				local law providing for public access to information.

							(2)Development of

				protocols

							(A)In

				generalThe Administrator, in consultation with the Director of

				the Office of Management and Budget and appropriate Federal law enforcement and

				intelligence officials, and in a manner consistent with existing protections

				for sensitive or classified information, shall by regulation establish

				confidentiality protocols for maintenance and use of information that is

				obtained from owners or operators of treatment works and provided to the

				Administrator under this title.

							(B)Requirements

				for protocolsA protocol established under subparagraph (A) shall

				ensure, to the maximum extent practicable, that—

								(i)each copy of a

				vulnerability assessment, site security plan, or emergency response plan

				submitted to the Administrator, all information contained in or derived from

				that assessment or plan, and other related information is maintained in a

				secure location; and

								(ii)except as

				provided in paragraph (1)(B), or as necessary for judicial enforcement, access

				to the copies of the vulnerability assessments, site security plans, and

				emergency response plans submitted to the Administrator, and other related

				information shall be limited to persons designated by the Administrator.

								(3)Disclosure in

				civil proceedingsIn any Federal or State civil or administrative

				proceeding in which a person seeks to compel the disclosure or the submission

				as evidence of sensitive information contained in the vulnerability

				assessments, site security plans, or emergency response plans required by

				subsection (a) or (b) and is not otherwise subject to disclosure under other

				provisions or law—

							(A)the information

				sought may be submitted to the court under seal; and

							(B)the court, or any

				other person, shall not disclose the information to any person until the court,

				in consultation with the Administrator, determines that the disclosure of the

				information does not pose a threat to public security or endanger the life or

				safety of any person.

							(4)Penalties for

				unauthorized disclosure

							(A)In

				generalExcept as provided in subparagraph (B), any person that

				is in possession of or acquires any information described in paragraph (2)(A)

				(including any reproduction of that information or any information derived from

				that information), and that knowingly or recklessly discloses the

				information—

								(i)shall be fined

				under chapter 227 of title 18, United States Code (applicable to class A

				misdemeanors);

								(ii)if the person is

				a Federal employee, shall be removed from Federal office or employment;

				and

								(iii)if the person

				is an organization (as defined in section 113(c)(5)(E) of the

				Clean Air Act (42 U.S.C.

				7413(c)(5)(E)), shall be fined not more than $1,000,000.

								(B)Exceptions

								(i)In

				generalSubparagraph (A) shall not apply to a person described in

				that subparagraph that discloses information described in paragraph

				(2)(A)—

									(I)to an individual

				designated by the Administrator under paragraph (2)(B)(ii); or

									(II)for use in any

				administrative or judicial proceeding to impose a penalty for failure to comply

				with requirements of this subtitle.

									(ii)Law

				enforcement officials and first respondersNotwithstanding

				subparagraph (A), an individual referred to in paragraph (2)(B)(ii) who is an

				officer or employee of the United States may share with a State or local law

				enforcement or other official (including a first responder) the contents of a

				vulnerability assessment, emergency response plan, or site security plan, or

				other information described in that paragraph, to the extent disclosure is

				necessary to carry out this subtitle.

								(5)No effect on

				other disclosureNothing in this subtitle affects the handling,

				treatment, or disclosure of information obtained from treatment works under any

				other law.

						(g)Emergency

				powers

						(1)Definition of

				emergency threatIn this subsection, the term emergency

				threat means a threat of a harmful intentional act that could affect a

				treatment works—

							(A)that is beyond

				the scope of the site security plan as implemented at the treatment

				works;

							(B)the likelihood of

				the immediate occurrence of which is high;

							(C)the consequences

				of which would be severe; and

							(D)based on the

				factors described in subparagraphs (A) through (C), would not be appropriately

				and reasonably addressed, or addressed in a timely manner, by the Administrator

				under subsections (d) and (e).

							(2)Initiation of

				action

							(A)In

				generalIf the Administrator (in consultation with State and

				local law enforcement officials) determines that an emergency threat exists,

				the Administrator may bring a civil action in United States district court to

				immediately require each treatment works potentially affected by the new

				emergency threat to take such actions as are necessary to respond to the new

				emergency threat.

							(B)Notice and

				participationThe Administrator shall provide to each treatment

				works that is the subject of a civil action under subparagraph (A)—

								(i)notice of any

				injunctive relief to compel compliance with this subsection that is being

				sought; and

								(ii)an opportunity

				to participate in any proceedings relating to the civil action.

								(3)Emergency

				orders

							(A)In

				generalIf the Administrator determines that it is not

				practicable to ensure prompt action to protect public safety from a new

				emergency threat by commencing a civil action under paragraph (2), the

				Administrator may issue such orders as are necessary to ensure public

				safety.

							(B)ConsultationBefore

				issuing an order under subparagraph (A), the Administrator shall—

								(i)attempt to

				confirm the accuracy of the information on which the action proposed to be

				taken is based; and

								(ii)consult with

				State and local law enforcement officials.

								(4)Authorization

				of appropriationsThere is authorized to be appropriated to carry

				out this subsection, $15,000,000, to remain available until expended.

						(h)Technical

				assistance for small treatment works

						(1)Definition of

				small treatment worksIn this subsection, the term small

				treatment works means a treatment works that serves a population of

				fewer than 10,000 individuals.

						(2)Security

				assessment and planning assistance

							(A)In

				generalThe Administrator, in coordination with the States, may

				provide technical guidance and assistance to small treatment works for—

								(i)the conduct of a

				vulnerability assessment;

								(ii)the preparation

				of an emergency response plan;

								(iii)the preparation

				and implementation of a site security plan; and

								(iv)the

				implementation of security enhancements to reduce vulnerabilities identified in

				a vulnerability assessment.

								(B)InclusionsTechnical

				guidance and assistance provided under subparagraph (A) may include technical

				assistance programs, training, and preliminary engineering evaluations.

							(3)Participation

				by nonprofit organizationsThe Administrator may provide grants

				to nonprofit organizations to assist in accomplishing the purposes of this

				subsection.

						(4)Authorization

				of appropriationsThere is authorized to be appropriated to carry

				out this subsection, $1,000,000 for each of fiscal years 2006 through 2010, to

				remain available until expended.

						(i)Refinement of

				vulnerability assessment methodology for publicly owned treatment

				works

						(1)GrantsThe

				Administrator may provide to nonprofit organizations 1 or more grants to be

				used in improving vulnerability assessment methodologies and tools for publicly

				owned treatment works, including publicly owned treatment works that are part

				of a combined public wastewater treatment and water supply system.

						(2)Eligible

				activitiesA grant provided under this subsection may be

				used—

							(A)to develop and

				distribute vulnerability self-assessment methodology software upgrades;

							(B)to improve and

				enhance critical technical and user support functions;

							(C)to expand

				libraries of information addressing threats and countermeasures; and

							(D)to implement user

				training initiatives.

							(3)CostA

				service described in paragraph (2) that is funded by a grant under this

				subsection shall be provided at no cost to the recipients of the

				service.

						(4)Authorization

				of appropriationsThere is authorized to be appropriated to carry

				out this subsection, $1,000,000 for each of fiscal years 2006 through 2010, to

				remain available until expended.

						(j)Designation and

				regulation of additional substances of concern by the administrator relating to

				wastewater treatment works

						(1)In

				generalNot later than 1 year after the date of enactment of this

				section, the Administrator, in consultation with Federal, State, and local

				agencies responsible for planning for and responding to unauthorized releases

				and providing emergency health care, may promulgate regulations to designate

				certain additional substances of concern based on the severity of the threat

				posed by an unauthorized release from the treatment works.

						(2)Factors to be

				consideredIn designating additional substances of concern under

				paragraph (1), the Administrator shall consider, with respect to the substance

				under consideration—

							(A)the severity of

				the harm that could be caused by an unauthorized release;

							(B)proximity to

				population centers;

							(C)threats to

				national security;

							(D)threats to

				critical infrastructure;

							(E)threshold

				quantities that pose a serious threat; and

							(F)such other safety

				or security factors as the Administrator determines to be appropriate.

							(3)Review and

				revisionsNot later than 5 years after the date of promulgation

				of regulations under paragraph (1), the Administrator shall review the

				regulations and make any necessary

				revisions.

						.

		3.Research and

			 reviewTitle II of the

			 Federal Water Pollution Control Act

			 (33 U.S.C. 1281 et seq.) (as amended by section 2) is amended by adding at the

			 end the following:

				223.Research and

				review

					(a)Definition of

				harmful intentional actIn this section, the term harmful

				intentional act has the meaning given the term in section 222.

					(b)Review by

				AdministratorNot later than 2 years after the date of enactment

				of this section, the Administrator, in coordination with appropriate Federal

				agencies, shall research and review (or enter into a contract or cooperative

				agreement to provide for research and review of)—

						(1)means by which

				terrorists or other individuals or groups could carry out harmful intentional

				acts; and

						(2)means by which

				alternative processes of conveying, treating, and disposing of wastewater could

				be provided in the event of the destruction, impairment, or disruption of

				treatment works as the result of harmful intentional acts.

						(c)Means of

				carrying out harmful intentional actsMeans referred to in

				subsection (b)(1) include—

						(1)means by which

				pipes and other constructed conveyances used in treatment works could be

				destroyed or otherwise prevented from providing adequate conveyance,

				pretreatment, treatment, and disposal of wastewater meeting applicable public

				health standards;

						(2)means by which

				conveyance, pretreatment, treatment, storage, and disposal facilities used by,

				or in connection with, treatment works could be destroyed or otherwise

				prevented from providing adequate treatment of wastewater meeting applicable

				public health standards;

						(3)means by which

				pipes, constructed conveyances, pretreatment, treatment, storage, and disposal

				systems that are used in connection with treatment works could be altered or

				affected so as to pose a threat to public health, public safety, or the

				environment;

						(4)means by which

				pipes, constructed conveyances, pretreatment, treatment, storage, and disposal

				systems that are used in connection with treatment works could be reasonably

				protected from harmful intentional acts;

						(5)means by which

				pipes, constructed conveyances, pretreatment, treatment, storage, and disposal

				systems could be reasonably secured from use as a means of transportation by

				terrorists or other individuals or groups who intend to threaten public health

				or safety; and

						(6)means by which

				information systems, including process controls and supervisory control, data

				acquisition, and cyber systems, at treatment works could be disrupted by

				terrorists or other individuals or groups.

						(d)ConsiderationsIn

				carrying out the review under this section, the Administrator—

						(1)shall ensure, to

				the maximum extent practicable, that the review reflects the needs of treatment

				works of various sizes and various geographic areas of the United States;

				and

						(2)may consider the

				vulnerability of, or potential for forced interruption of service for, a region

				or service area, including the National Capital Area.

						(e)Information

				sharingAs soon as practicable after the review carried out under

				this section has been evaluated by the Administrator, the Administrator shall

				disseminate to treatment works information on the results of the review through

				the Information Sharing and Analysis Center or other appropriate means.

					(f)FundingThere

				is authorized to be appropriated to carry out this section $15,000,000 for the

				period of fiscal years 2006 through

				2010.

					.

		4.Conforming

			 amendmentSection 309(a)(1) of

			 the Federal Water Pollution Control

			 Act is amended in the first sentence by striking section 402

			 or 404 and inserting the following: section 222, 402, or

			 404.


113 HR 5853 IH: Seniors Have Eyes, Ears, and Teeth Act
U.S. House of Representatives
2014-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5853
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2014
			Mr. Grayson 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 expand Medicare coverage to eyeglasses, hearing aids, and dental care.

		1.Short title
			This Act may be cited as the Seniors Have Eyes, Ears, and Teeth Act.2.Expansion of Medicare coverageSection 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended—(1)in paragraph (7) by striking , eyeglasses through hearing aids or examinations therefor,; and(2)in paragraph (12) by striking where such expenses are for services in connection with the care, treatment, filling, removal, or
			 replacement of teeth or structures directly supporting teeth, except that.


		I
		112th CONGRESS
		2d Session
		H. R. 4407
		IN THE HOUSE OF REPRESENTATIVES

			April 19, 2012
			Mr. Young of Indiana
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend the indemnification responsibilities applicable
		  to the Secretary of Defense when Department of Defense property at military
		  installations closed pursuant to a base closure law is conveyed to expand such
		  indemnification responsibilities to include all military installations closed
		  since October 24, 1988.

		1.Short titleThis Act may be cited as the
			 Base Redevelopment and Indemnification
			 Correction Act.
		2.Indemnification
			 of transferees of property at any closed military installationSection 330 of the National Defense
			 Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687
			 note) is amended—
			(1)in subsection
			 (a)(1), by striking pursuant to a base closure law and inserting
			 after October 24, 1988, the date of the enactment of the Defense
			 Authorization Amendments and Base Closure and Realignment Act (Public Law
			 100–526; 10 U.S.C. 2687 note); and
			(2)in subsection (f),
			 by striking paragraph (3).


109 HR 3254 IH: Caregiver Assistance and Relief Effort Act of 2005
U.S. House of Representatives
2005-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3254
IN THE HOUSE OF REPRESENTATIVES

July 12, 2005
Mr. Menendez (for himself, Ms. Ros-Lehtinen, Mr. Brady of Pennsylvania, Ms. DeLauro, Mr. McNulty, Mr. Boustany, Mr. Rangel, Ms. Wasserman Schultz, Mr. Wexler, and Mr. Owens) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, 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 provide funding and incentives for caregiver support and long-term care assistance.

1.Short titleThis Act may be cited as the Caregiver Assistance and Relief Effort Act of 2005 or as the CARE Act of 2005.
 2. Increased funding for National Family Caregiver Support Program
 (a) In General Section 303(e)(1) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(1)) is amended by striking $125,000,000 for fiscal year 2001 and inserting $250,000,000 for fiscal year 2006.
 (b) Native Americans Section 643(2) of the Older Americans Act of 1965 (42 U.S.C. 3057n(2)) is amended by striking $5,000,000 for fiscal year 2001 and inserting $10,000,000 for fiscal year 2006.
3.Credit for taxpayers with long-term care needs
(a)In generalSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section:

36.Credit for taxpayers with long-term care needs
(a)Allowance of credit
(1)In generalThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year.
(2)Applicable amountFor purposes of paragraph (1), the applicable amount shall be determined in accordance with the following table:

In the case of taxable years beginning in:The applicable amount is:

2005$2,500
2006$2,750
2007 or thereafter$3,000.
(b)Limitation based on adjusted gross income
(1)In generalThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
(2)Threshold amountFor purposes of paragraph (1), the term threshold amount means $75,000 (twice such amount in the case of joint return).
(3)IndexingIn the case of any taxable year beginning in a calendar year after 2005, the $75,000 amount contained in paragraph (2) shall be increased by an amount equal to the product of—
(A)such dollar amount, and
(B)the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting 2004 for 1996 in subclause (II) thereof.If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.
(c)DefinitionsFor purposes of this section—
(1)Applicable individual
(A)In generalThe term applicable individual means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period—
(i)which is at least 180 consecutive days, and
(ii)a portion of which occurs within the taxable year.Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 391/2 month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements.
(B)Individuals with long-term care needsAn individual is described in this subparagraph if the individual meets any of the following requirements:
(i)The individual is at least 18 years of age and—
(I)is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or
(II)requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities.
(ii)The individual is at least 6 but not 18 years of age and—
(I)is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity,
(II)requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities,
(III)has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or
(IV)has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care.
(iii)The individual is at least 2 but not 6 years of age and—
(I)is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility,
(II)has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or
(III)has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care.
(iv)The individual is under 2 years of age and—
(I)requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent,
(II)has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or
(III)has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care.
(v)The individual has 5 or more chronic conditions (as defined in subparagraph (C)) and is unable to perform (without substantial assistance from another individual) at least 1 activity of daily living (as so defined) due to a loss of functional capacity.
(C)Chronic conditionFor purposes of this paragraph, the term chronic condition means a condition that lasts for at least 6 consecutive months and requires ongoing medical care.
(2)Eligible caregiverA taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the taxpayer and the taxpayer’s spouse and dependents. A taxpayer shall not be treated as an eligible caregiver with respect to himself for any taxable year beginning in any calendar year if any other person is an eligible caregiver with respect to the taxpayer for a taxable year which begins in such calendar year.
(d)Identification requirementNo credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year.
(e)Taxable year must be full taxable yearExcept in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months..
(b)Conforming amendments
(1)Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting , and, and by inserting after subparagraph (M) the following new subparagraph:

(N)an omission of a correct TIN or physician identification required under section 36(d) (relating to credit for taxpayers with long-term care needs) to be included on a return..
(2)The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting before such item the following new item:

Sec. 36. Credit for taxpayers with long-term care needs .
(3)Section 1324(b)(2) of title 31, United States Code, is amended by inserting or 36 after section 35.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.
4.Treatment of premiums on qualified long-term care insurance contracts
(a)In generalPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:

224.Premiums on qualified long-term care insurance contracts
(a)In generalIn the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount of eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for coverage for the taxpayer and the taxpayer’s spouse and dependents under a qualified long-term care insurance contract (as defined in section 7702B(b)).
(b)Applicable percentageFor purposes of subsection (a)—
(1)In generalExcept as otherwise provided in this subsection, the applicable percentage shall be determined in accordance with the following table based on the number of years of continuous coverage (as of the close of the taxable year) of the individual under any qualified long-term care insurance contracts (as defined in section 7702B(b)):

If the number of years ofThe applicable
 continuous coverage is—percentage is—

  Less than 160
  At least 1 but less than 270
  At least 2 but less than 380
  At least 3 but less than 490
  At least 4100.
(2)Special rules for individuals who have attained age 55In the case of an individual who has attained age 55 as of the close of the taxable year, the following table shall be substituted for the table in paragraph (1):

If the number of years ofThe applicable
 continuous coverage is—percentage is—

  Less than 170
  At least 1 but less than 285
  At least 2100.
(3)Only coverage after 2004 taken into accountOnly coverage for periods after December 31, 2004, shall be taken into account under this subsection.
(4)Continuous coverageAn individual shall not fail to be treated as having continuous coverage if the aggregate breaks in coverage during any 1-year period are less than 60 days.
(c)Coordination with other deductionsAny amount paid by a taxpayer for any qualified long-term care insurance contract to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a)..
(b)Conforming amendments
(1)Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting before the last sentence the following new paragraph:

(21)Premiums on qualified Long-Term care insurance contractsThe deduction allowed by section 224..
(2)The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item:

Sec. 224. Premiums on qualified long-term care insurance contracts.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.
5.Additional consumer protections for long-term care insurance
(a)Additional protections applicable to long-term care insuranceSubparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows:

(A)In generalThe requirements of this paragraph are met with respect to any contract if such contract meets—
(i)Model regulationThe following requirements of the model regulation:
(I)Section 6A (relating to guaranteed renewal or noncancellability), other than paragraph (5) thereof, and the requirements of section 6B of the model Act relating to such section 6A.
(II)Section 6B (relating to prohibitions on limitations and exclusions) other than paragraph (7) thereof.
(III)Section 6C (relating to extension of benefits).
(IV)Section 6D (relating to continuation or conversion of coverage).
(V)Section 6E (relating to discontinuance and replacement of policies).
(VI)Section 7 (relating to unintentional lapse).
(VII)Section 8 (relating to disclosure), other than sections 8F, 8G, 8H, and 8I thereof.
(VIII)Section 11 (relating to prohibitions against post-claims underwriting).
(IX)Section 12 (relating to minimum standards).
(X)Section 13 (relating to requirement to offer inflation protection).
(XI)Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates).
(XII)The provisions of section 26 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4).
(ii)Model ActThe following requirements of the model Act:
(I)Section 6C (relating to preexisting conditions).
(II)Section 6D (relating to prior hospitalization).
(III)The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4).
(B)DefinitionsFor purposes of this paragraph—
(i)Model provisionsThe terms model regulation and model Act mean the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of October 2000).
(ii)CoordinationAny provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision.
(iii)DeterminationFor purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary..
(b)Excise taxParagraph (1) of section 4980C(c) of the Internal Revenue Code of 1986 (relating to requirements of model provisions) is amended to read as follows:

(1)Requirements of model provisions
(A)Model regulationThe following requirements of the model regulation must be met:
(i)Section 9 (relating to required disclosure of rating practices to consumer).
(ii)Section 14 (relating to application forms and replacement coverage).
(iii)Section 15 (relating to reporting requirements).
(iv)Section 22 (relating to filing requirements for marketing).
(v)Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C.
(vi)Section 24 (relating to suitability).
(vii)Section 29 (relating to standard format outline of coverage).
(viii)Section 30 (relating to requirement to deliver shopper's guide).The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not imposed by section 4980C or 7702B.
(B)Model ActThe following requirements of the model Act must be met:
(i)Section 6F (relating to right to return).
(ii)Section 6G (relating to outline of coverage).
(iii)Section 6H (relating to requirements for certificates under group plans).
(iv)Section 6J (relating to policy summary).
(v)Section 6K (relating to monthly reports on accelerated death benefits).
(vi)Section 7 (relating to incontestability period).
(C)DefinitionsFor purposes of this paragraph, the terms model regulation and model Act have the meanings given such terms by section 7702B(g)(2)(B)..
(c)Effective dateThe amendments made by this section shall apply to policies issued more than 1 year after the date of the enactment of this Act.


114 HRES 617 IH: Providing for authority to initiate litigation for actions by the President or other executive branch officials inconsistent with their duties under the Constitution of the United States with respect to the unlawful transfer of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
U.S. House of Representatives
2016-02-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		2d Session
		H. RES. 617
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2016
			Mr. Duncan of South Carolina submitted the following resolution; which was referred to the Committee on Rules, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		RESOLUTION
		Providing for authority to initiate litigation for actions by the President or other executive
			 branch officials inconsistent with their duties under the Constitution of
			 the United States with respect to the unlawful transfer of individuals
			 detained at United States Naval Station, Guantanamo Bay, Cuba.

 That the Speaker is authorized to initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek any appropriate relief regarding the failure of the President, the head of any department or agency, or any other officer or employee of the executive branch, to act in a manner consistent with that official's duties under the Constitution and laws of the United States with respect to the transfer of any individual detained at Guantanamo (as such term is defined in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92)) in violation of section 1031, 1033, or 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) or of an appropriations Act. The phrase appropriate relief includes but is not limited to all forms of equitable relief, including a declaratory judgment action to determine the meaning of laws and whether they are being obeyed or disobeyed, and a writ of mandamus, temporary restraining order, preliminary injunction, permanent injunction, and such other relief as is necessary to compel obedience to law.
 2.The Speaker shall notify the House of Representatives of a decision to initiate or intervene in any civil action pursuant to this resolution.
		3.
 (a)The Office of the General Counsel of the House of Representatives, at the direction of the Speaker, shall represent the House in any civil action initiated, or in which the House intervenes, pursuant to this resolution, and may employ the services of outside counsel and other experts for this purpose.
 (b)The chair of the Committee on House Administration shall cause to be printed in the Congressional Record a statement setting forth the aggregate amounts expended by the Office of General Counsel on outside counsel and other experts pursuant to subsection (a) on a quarterly basis. Such statement shall be submitted for printing not more than 30 days after the expiration of each such period.