117 HR 2024 IH: Southern Maryland National Heritage Area Act
U.S. House of Representatives
2021-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 2024
IN THE HOUSE OF REPRESENTATIVES

March 18, 2021
Mr. Hoyer introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To establish the Southern Maryland National Heritage Area, and for other purposes.

1.Short titleThis Act may be cited as the Southern Maryland National Heritage Area Act. 2.DefinitionsIn this Act:
(1)Heritage AreaThe term Heritage Area means the Southern Maryland National Heritage Area established by section 3(a). (2)Local Coordinating EntityThe term Local Coordinating Entity means the local coordinating entity for the Heritage Area designated by section 3(c).
(3)Management planThe term management plan means the management plan for the Heritage Area prepared under section 5(a). (4)SecretaryThe term Secretary means the Secretary of the Interior.
(5)StateThe term State means the State of Maryland. 3.Establishment of Southern Maryland National Heritage Area (a)In generalThere is established in the State the Southern Maryland National Heritage Area, to be administered in accordance with this Act.
(b)BoundariesThe Heritage Area shall include portions of St. Mary’s, Calvert, Charles, and Prince George’s Counties in the State, with the specific boundaries to be established by the Secretary, based on the feasibility study for the Heritage Area. (c)Local coordinating entityThe Tri-County Council for Southern Maryland shall serve as the local coordinating entity for the Heritage Area.
4.Administration
(a)AuthoritiesFor purposes of carrying out the management plan, the Secretary (acting through the Local Coordinating Entity) may use amounts made available under section 9— (1)to make grants to the State, political subdivisions of the State, Indian Tribes, nonprofit organizations, and other entities;
(2)to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, Indian Tribes, nonprofit organizations, and other interested entities; (3)to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming;
(4)to obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5)to contract for marketing, advertising, and public relations;
(6)to contract for goods or services; (7)to contract for fundraising; and
(8)to undertake any other activity that— (A)furthers the purposes of the Heritage Area; and
(B)is consistent with the approved management plan. (b)DutiesThe Local Coordinating Entity shall—
(1)assist Federal agencies, the State, political subdivisions of the State, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested persons in carrying out the approved management plan by— (A)carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
(B)establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C)developing recreational, interpretive, and educational opportunities in the Heritage Area;
(D)increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E)protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;
(F)ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G)promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the purposes of the Heritage Area;
(2)consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (3)conduct meetings open to the public not less frequently than semiannually regarding the development and implementation of the management plan; and
(4)for any year that Federal funds have been received under this subsection— (A)submit to the Secretary an annual report that describes, with respect to the reporting period, the activities, expenses, and income of the Local Coordinating Entity;
(B)make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C)encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area.
(c)Prohibition on the acquisition of real propertyThe Local Coordinating Entity shall not use Federal funds made available under section 9 to acquire real property or any interest in real property. 5.Management plan (a)In generalNot later than 3 years after the date on which funds are first made available to carry out this Act, the Local Coordinating Entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(b)RequirementsThe management plan shall— (1)incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;
(2)take into consideration other applicable Federal, State, local, and Tribal plans and treaty rights; (3)include—
(A)an inventory of— (i)the resources located in the Heritage Area; and
(ii)any other property in the Heritage Area that— (I)is related to the themes of the Heritage Area; and
(II)should be preserved, restored, managed, or maintained because of the significance of the property; (B)comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area;
(C)a description of activities that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to carry out to protect the natural, historical, cultural, scenic, and recreational resources of the Heritage Area; (D)a program of implementation for the management plan by the Local Coordinating Entity that includes a description of—
(i)actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii)specific commitments for implementation that have been made by the Local Coordinating Entity or any unit of government, organization, or individual for the first 5 years of operation of the Heritage Area;
(E)the identification of sources of funding to implement the management plan; (F)analysis and recommendations for means by which Federal, State, local, and Tribal programs (including the role of the National Park Service in the Heritage Area) may carry out the purposes of this Act;
(G)an interpretive plan for the Heritage Area; and (H)recommended policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.
(c)DeadlineIf a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the Local Coordinating Entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves the management plan. (d)Approval or disapproval of management plan (1)In generalNot later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan.
(2)Criteria for approvalIn determining whether to approve the management plan, the Secretary shall consider whether— (A)the Local Coordinating Entity is representative of the diverse interests of the Heritage Area, including the Federal Government, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
(B)the Local Coordinating Entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C)the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.
(3)Action following disapprovalIf the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A)advise the Local Coordinating Entity in writing of the reasons for the disapproval;
(B)make recommendations to the Local Coordinating Entity for revisions to the management plan; and (C)not later than 180 days after the receipt of any proposed revision of the management plan from the Local Coordinating Entity, approve or disapprove the proposed revision.
(4)Amendments
(A)In generalThe Secretary shall approve or disapprove each amendment of the management plan that the Secretary determines makes a substantial change to the management plan. (B)Use of fundsThe Local Coordinating Entity shall not use Federal funds authorized under section 9 to carry out any amendment to the management plan until the date on which the Secretary has approved the amendment.
6.Relationship to other Federal agencies
(a)In generalNothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b)Consultation and coordinationThe head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the Local Coordinating Entity to the maximum extent practicable.
(c)Other Federal agenciesNothing in this Act— (1)modifies, alters, or amends any law (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
7.Private property and regulatory protectionsNothing in this Act— (1)abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2)requires any property owner— (A)to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
(B)to modify public access or use of property of the property owner under any other Federal, State, or local law; (3)alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency;
(4)conveys any land use or other regulatory authority to the Local Coordinating Entity; (5)authorizes or implies the reservation or appropriation of water or water rights;
(6)enlarges or diminishes the treaty rights of any Indian Tribe within the Heritage Area; (7)diminishes—
(A)the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the Heritage Area; or (B)the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the exercise of treaty rights; or
(8)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8.Evaluation and report (a)In generalNot later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(1)conduct an evaluation of the accomplishments of the Heritage Area; and (2)prepare a report in accordance with subsection (c).
(b)EvaluationAn evaluation conducted under subsection (a)(1) shall— (1)assess the progress of the Local Coordinating Entity with respect to—
(A)accomplishing the purposes of the Heritage Area; and (B)achieving the goals and objectives of the approved management plan;
(2)analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the Heritage Area to determine the impact of the investments; and (3)review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(c)ReportBased on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. 9.Authorization of appropriations (a)In generalThere is authorized to be appropriated for the Heritage Area to carry out the purposes of this Act $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year.
(b)AvailabilityAmounts made available under subsection (a) shall remain available until expended. (c)Cost-Sharing requirement (1)In generalThe Federal share of the total cost of any activity under this Act shall be not more than 50 percent.
(2)FormThe non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services fairly valued. (d)Termination of authorityThe authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.


113 HRES 114 IH: Recognizing the Sabin Vaccine Institute on the 20th anniversary of its founding.
U.S. House of Representatives
2013-03-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 114
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2013
			Mr. Al Green of Texas
			 (for himself, Mr. Sessions,
			 Mr. Hinojosa,
			 Mr. Olson,
			 Mr. Farenthold,
			 Mr. Carter,
			 Mr. McCaul,
			 Mr. Cuellar,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Veasey,
			 Mr. Poe of Texas,
			 Ms. Jackson Lee,
			 Mr. Smith of Texas,
			 Mr. Barton,
			 Mr. Doggett,
			 Mr. Conaway,
			 Mr. Flores,
			 Mr. Sam Johnson of Texas,
			 Mr. Brady of Texas,
			 Mr. Gene Green of Texas,
			 Mr. Neugebauer,
			 Mr. Burgess,
			 Mr. Castro of Texas,
			 Mr. Vela, Mr. Gallego, and Mr.
			 O’Rourke) submitted the following resolution; which was referred to
			 the Committee on Energy and
			 Commerce

		RESOLUTION
		Recognizing the Sabin Vaccine Institute on
		  the 20th anniversary of its founding.

		Whereas the Sabin Vaccine Institute was founded in honor
			 of the late Dr. Albert B. Sabin, a distinguished scientific figure in the
			 history of medicine and the developer of the oral live-virus polio vaccine, who
			 died on March 3, 1993;
		Whereas for the past 20 years, the Sabin Vaccine Institute
			 has demonstrated noteworthy success in its mission to reduce the prevalence of
			 neglected tropical diseases (NTDs) by developing new vaccines, advocating for
			 increased use of existing vaccines, and expanding access to affordable medicine
			 for the world’s poorest people;
		Whereas the Sabin Vaccine Institute and Texas Children’s
			 Hospital Center for Vaccine Development, operating in partnership with Baylor
			 College of Medicine and many collaborators worldwide, is dedicated to the
			 creation of vaccines to prevent NTDs;
		Whereas the Sabin Vaccine Institute raises public
			 visibility and mobilizes the necessary funding in the pursuit of controlling
			 and eliminating the seven most common NTDs, including roundworm, hookworm,
			 whipworm, lymphatic filariais (elephantiasis), schistosomiasis (snail fever),
			 trachoma, and river blindness, which can be treated for approximately 50 cents
			 per person per year with existing medicine;
		Whereas the Sabin Vaccine Institute attempts to break the
			 cycle of poverty amongst adults and children by providing life-saving
			 vaccinations that lead to fuller, more productive lives;
		Whereas the Sabin Vaccine Institute’s mission is to
			 reduce needless human suffering from vaccine-preventable and neglected
			 tropical diseases (NTDs) by developing new vaccines, advocating for increased
			 use of existing vaccines, and promoting expanded access to affordable medical
			 treatments;
		Whereas the Sabin Vaccine Institute understands the
			 importance that healthy infants and adults have on family stabilization and
			 productive societies; and
		Whereas the Sabin Vaccine Institute continues its work
			 throughout impoverished countries of the world to improve the future lives of
			 nearly 2,000,000,000 people still plagued by NTDs and vaccine-preventable
			 diseases: Now, therefore, be it

		That the House of
			 Representatives—
			(1)applauds the Sabin Vaccine Institute on 20
			 years of success;
			(2)supports the Sabin
			 Vaccine Institute, Texas Children’s Hospital, and Baylor College of Medicine in
			 their efforts to reduce the prevalence of neglected tropical diseases (NTDs) by
			 developing new vaccines, advocating for increased use of existing vaccines, and
			 expanding access to affordable medicine for the world’s poorest people;
			 and
			(3)encourages the
			 leadership and staff of the Sabin Vaccine Institute, Texas Children’s Hospital,
			 and Baylor College of Medicine to continue their commendable work on behalf of
			 those who still suffer from NTDs and vaccine-preventable diseases.


114 S3158 IS: Alternatives to Licensing that Lower Obstacles to Work Act of 2016
U.S. Senate
2016-07-12
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.

		II
		114th CONGRESS2d Session
		S. 3158
		IN THE SENATE OF THE UNITED STATES

			July 12, 2016
			Mr. Lee (for himself and Mr. Sasse) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To promote economic opportunity for military families, to facilitate workforce attachment for
			 military spouses in their chosen occupation across multiple geographical
			 postings, to reduce barriers to work on military installations, to amend
			 the District of Columbia Code to promote greater freedom in the practice
			 of regulated occupations, to combat abuse of occupational licensing laws
			 by economic incumbents, to promote competition, encourage innovation,
			 protect consumers, and promote compliance with Federal antitrust law, and
			 for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Alternatives to Licensing that Lower Obstacles to Work Act of 2016 or the ALLOW Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
					TITLE I—Military installations
					Sec. 101. Endorsement of occupational licenses and certifications issued by States for purposes of
			 activities on military installations.
					TITLE II—District of Columbia occupational licensing reform
					Sec. 201. Short title.
					Sec. 202. Statement of findings and purpose.
					Sec. 203. Definitions.
					Sec. 204. Policy regarding occupational licensure.
					Sec. 205. Office of Supervision of Occupational Boards.
					Sec. 206. Periodic analysis of occupational regulations.
					Sec. 207. Freedom to engage in an occupation.
					Sec. 208. Affirmative defense.
					TITLE III—Tour guide services in national military parks, national battlefields, national
			 battlefield parks, national battlefield sites, and the National Mall and
			 Memorial Parks
					Sec. 301. Tour guide services.

			IMilitary installations
			101.Endorsement of occupational licenses and certifications issued by States for purposes of activities
			 on military installations
 (a)In generalFor the purpose of establishing an individual’s authorization to engage in an occupation on a military installation located on land owned by the Federal Government, the Federal Government endorses occupational licenses and certifications granted by any State, regardless of whether the military installation is located in the issuing State, provided that—
 (1)the license or certification is not expired, revoked, or suspended by the issuing State; and
 (2)there are no outstanding enforcement actions against the individual brought by the licensing board or certifying authority for that occupation in the issuing State.
 (b)Scope of practiceAn individual relying on subsection (a) for authorization to engage in an occupation is authorized to sell the same goods and services as are covered by the occupational license or certification in the issuing State.
 (c)State definedIn this section, the term State includes the District of Columbia. IIDistrict of Columbia occupational licensing reform 201.Short titleThis title may be cited as the District of Columbia Occupational Licensing Reform Act.
 202.Statement of findings and purposeCongress finds the following: (1)The prevalence of occupational licensing has increased dramatically in recent decades, in part because private interests have sought licensing in order to limit competition.
 (2)Occupational licensing often limits opportunities for workers, frustrates entrepreneurs seeking to introduce new business models, and raises prices paid by consumers.
 (3)Licensing should be imposed only to combat real, substantial threats to public health or safety and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest.
 (4)Regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime, which may include inspections, bonding or insurance requirements, registration, and voluntary certification.
 (5)Voluntary certification provides a particularly significant alternative to licensure, as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace.
 (6)The failure of State governments to adopt less restrictive alternatives to licensing has resulted in significant costs to consumers and the broader economy.
 (7)By appropriately limiting occupational licensing in the District of Columbia, Congress intends to promote economic opportunity in the District.
 (8)By promoting economic opportunity in the District of Columbia through the reform of occupational regulations, Congress intends to provide a basic reform model that the States may follow.
				203.Definitions
 (a)In generalIn this title: (1)Attorney generalThe term Attorney General means the Attorney General for the District of Columbia.
 (2)CertificationThe term certification means a voluntary program under which— (A)a private organization or the government grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or the government;
 (B)upon approval, an individual described in subparagraph (A) may use certified as a designated title; and (C)a noncertified individual may perform the lawful occupation for compensation but may not use the title certified.
 (3)CouncilThe term Council means the Council of the District of Columbia. (4)Covered boardThe term covered board means an occupational licensing board in the District of Columbia.
 (5)Lawful occupationThe term lawful occupation means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell regardless of whether the individual selling the goods or services is subject to an occupational regulation.
 (6)Least restrictive regulationThe term least restrictive regulation means, from least to most restrictive— (A)market competition;
 (B)industry or consumer-created ratings and reviews; (C)private certification;
 (D)a specific private civil cause of action to remedy consumer harm; (E)a deceptive trade practice act;
 (F)a regulation of the process of providing the specific goods or services to consumers; (G)inspection;
 (H)bonding or insurance; (I)registration;
 (J)government certification; (K)specialty occupational license for medical reimbursement; and
 (L)occupational license. (7)Occupational licenseThe term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the District of Columbia government.
 (8)Specialty occupational license for medical reimbursementThe term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to provide identified medical services and qualify for payment or reimbursement from a government agency based on meeting personal qualifications established by the government.
 (9)Occupational regulationThe term occupational regulation— (A)means a statute, rule, practice, policy, or other law requiring an individual to possess certain personal qualifications to use an occupational title or work in a lawful occupation;
 (B)includes a regulation requiring registration, certification, or an occupational license; and (C)does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a law regulates an individual’s personal qualifications to perform a lawful occupation.
 (10)Personal qualificationsThe term personal qualifications means criteria related to an individual’s personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.
					(11)Registration
 (A)In generalThe term registration means a requirement that an individual give notice to the District of Columbia government that— (i)may include—
 (I)the individual’s name and address; (II)the individual’s agent for service of process;
 (III)the location of the activity to be performed; and (IV)a description of the service the individual provides;
 (ii)does not include personal qualifications; and (iii)may require a bond or insurance.
							(B)Use of title
 (i)Registered individualsUpon the receipt of notice described in subparagraph (A) by the District of Columbia government from an individual, the individual may use registered as a designated title.
 (ii)Nonregistered individualsA nonregistered individual may not perform the occupation for compensation or use registered as a designated title. (12)Superior courtThe term Superior Court means the Superior Court of the District of Columbia.
					(b)Rules relating to use and construction of terms
 (1)Certification and registrationAs used in this title, the terms certification and registration shall not be construed to be synonymous with the term occupational license, notwithstanding their use in other provisions of the law of the District of Columbia. (2)Relation to other provisions of lawThe use of the terms certification, certified, registration, and registered in other provisions of the law of the District of Columbia to mean an individual is required to meet certain personal qualifications to work legally shall be construed for the purposes of this title as requiring an individual to meet the requirements of an occupational license.
 204.Policy regarding occupational licensureIt is the policy of the District of Columbia that— (1)occupational licensing laws should be construed and applied to increase economic opportunity, promote competition, and encourage innovation;
 (2)regulators should displace competition through occupational licensing only where less restrictive regulation will not suffice to protect consumers from present, significant, and substantiated harms that threaten public health, safety, or welfare; and
 (3)an occupational licensing restriction should be enforced against an individual only to the extent the individual sells goods and services that are included explicitly in the statute or Municipal Regulation that defines the occupation’s scope of practice.
				205.Office of Supervision of Occupational Boards
				(a)Establishment
 (1)In generalThere shall be established an Office of Supervision of Occupational Boards (referred to in this section as the Office) in—
 (A)the office of the Attorney General; or (B)another appropriate agency of the District of Columbia government.
 (2)Rule of constructionFor the purposes of this title, if individual Offices are established within multiple agencies, the term Office shall be construed to refer to both the singular and the plural.
					(b)Active supervision
 (1)In generalThe Office shall be responsible for exercising active supervision over each covered board to ensure compliance with the policies under section 204.
 (2)DutiesIn exercising active supervision over covered boards under paragraph (1), the Office shall independently—
 (A)play a substantial role in the development of a board’s rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board;
 (B)disapprove the use of any board rule or policy and terminate any enforcement action, including any such action pending on the date of enactment of this Act, that is inconsistent with section 204;
 (C)exercise control over each board by reviewing and affirmatively approving only rules, policies, and enforcement actions that are consistent with section 204; and
 (D)use the analysis conducted under section 206 and conduct reasonable investigations to gain additional information, including about less restrictive regulatory approaches, to promote compliance with section 204.
 (3)IndependenceIn exercising active supervision over covered boards under paragraph (1), the Office shall be staffed by not less than 1 attorney who does not provide general counsel to any board.
					(c)Review and approval of proposed regulatory actions
 (1)In generalThe Office shall review and approve or reject any rule, policy, enforcement action, or other occupational licensure action proposed by each covered board before the board may adopt or implement the rule, policy, enforcement action, or other occupational licensure action.
 (2)Explicit approval requiredFor purposes of paragraph (1)— (A)approval by the Office shall be required to be explicit; and
 (B)silence or failure to act shall not constitute approval. (d)Complaints (1)Right to file complaintA person who is a resident of or has a license to operate a business in the District of Columbia may file a complaint to the Office about a rule, policy, enforcement action, or other occupational licensure action of a covered board that the person believes is inconsistent with section 204.
 (2)ResponseNot later than 90 days after the date on which the Office receives a complaint filed under paragraph (1), the Office shall—
 (A)investigate the complaint; (B)identify remedies and instruct the board to take action, where appropriate; and
 (C)respond in writing to the complainant. (3)Appeal (A)In generalThere shall be no right to appeal a decision of the Office under paragraph (2) unless—
 (i)the challenged rule, policy, enforcement action, or other occupational licensure action would prevent the complainant from—
 (I)engaging in a lawful occupation; or (II)employing or contracting others for the performance of a lawful occupation; and
 (ii)the complainant has taken material steps in an attempt to take an action described in subclause (I) or (II) of clause (i).
 (B)Superior CourtAny appeal authorized under subparagraph (A) shall be to the Superior Court. (e)Review by Attorney General (1)Right to request reviewAny member of the Council may request that the Attorney General review—
 (A)a rule, policy, enforcement action, or other occupational licensure action of a covered board that the member believes is inconsistent with section 204;
 (B)the active supervision of a covered board by the Office; or (C)the response of the Office to a complaint under subsection (d).
 (2)ResponseNot later than 180 days after the date on which the Attorney General receives a request under paragraph (1), the Attorney General shall—
 (A)investigate the activity requested to be reviewed; (B)identify remedies and instruct the covered board to take action, where appropriate; and
 (C)respond in writing to the requesting member. 206.Periodic analysis of occupational regulations (a)Establishment of committeeThe Chairman of the Council shall establish a legislative committee or subcommittee composed exclusively of current Council members to analyze occupational regulations (in this section referred to as the committee).
				(b)Duties
 (1)In generalThe committee shall be responsible for reviewing proposed legislation to impose or modify an occupational regulation to ensure compliance with the policies under section 204.
 (2)Specific dutiesIn reviewing proposed legislation under paragraph (1), the committee— (A)may require—
 (i)the proponents of the legislation to submit evidence of present, significant, and substantiated harms to consumers in the District; and
 (ii)information from other persons knowledgeable about the applicable occupation, labor economics, or other relevant factors;
 (B)shall determine whether the legislation satisfies the policy under section 204(2) of using the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms that threaten public health, safety, or welfare;
 (C)shall evaluate the effects of the legislation on opportunities for workers, consumer choices and costs, general unemployment, market competition, governmental costs, and other effects;
 (D)shall compare the legislation to whether and how other jurisdictions regulate the applicable occupation; and
 (E)shall issue a report to the Council assessing and proposing modifications, if any, to the legislation on a timely basis.
 (3)Required vote by councilThe Council may not enact legislation to impose or modify an occupational regulation before the Council has specifically voted to adopt or reject any modification to the regulation proposed by the committee under paragraph (2).
					(c)Annual review
 (1)In generalBeginning on January 1, 2018, the committee shall conduct an annual review of the regulations of approximately 20 percent of the occupations subject to regulation within the District of Columbia to improve compliance with this title.
 (2)Full reviewDuring the 5-year period beginning on January 1, 2018, and during each 5-year period thereafter, the committee shall review all occupational regulations within the District of Columbia.
 (3)InformationIn carrying out the review under this subsection, the committee may require information from a covered board, the members of a covered board, and other persons.
 (d)ReportBeginning on January 1, 2019, the committee shall submit to the Chairman of the Council and the Attorney General an annual report on the findings of the reviews carried out under subsection (c) that includes suggested changes to occupational regulations to improve compliance with this title.
				207.Freedom to engage in an occupation
 (a)In generalAn individual may engage in a lawful occupation without being subject to occupational regulations that are—
 (1)arbitrary; or (2)unnecessary and substantially burdensome.
 (b)ProhibitionThe District of Columbia and any covered board within the District may not require an occupational license, certification, or registration for a person, or impose any other occupational regulation that imposes a substantial burden on a person, unless the District government demonstrates that—
 (1)the government has an important interest in protecting against present and recognizable harm to public health, safety, or welfare; and
 (2)the regulation is substantially related to achievement of the important government interest described in paragraph (1).
 (c)LimitationNothing in this section shall be construed to— (1)create a right of action against the District government or a private party; or
 (2)require the District government or a private party to do business with an individual who is not licensed by, certified by, or registered with the District government.
					208.Affirmative defense
				(a)Right To assert defense
 (1)In generalAn individual may assert as a defense in any administrative or judicial proceeding to enforce an occupational regulation that the standard required under section 207 has not been met.
 (2)Initial burden of proofAn individual who asserts a defense under this section has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual’s right to engage in a lawful occupation.
 (3)Government’s burden of proofIf an individual meets the burden of proof under paragraph (2), the District of Columbia government shall be required to demonstrate by clear and convincing evidence that—
 (A)the occupational regulation in question advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and
 (B)the regulation is substantially related to achievement of the important government interest described in subparagraph (A).
						(b)Superior court
 (1)In generalThe Superior Court shall liberally construe this title to protect the right established under section 207.
 (2)RequirementsIn reviewing an alleged violation of the right established under section 207, the Superior Court— (A)shall make its own findings of fact and conclusions of law;
 (B)may not rely on legislative findings of fact presented in admissible form to the Superior Court; and
 (C)may not grant any presumption to legislative determinations— (i)of harm to public health, safety, or welfare; or
 (ii)that the occupational regulation in question is substantially related to achievement of the important government interest described in subsection (a)(3)(A).
							IIITour guide services in national military parks, national battlefields, national battlefield parks,
			 national battlefield sites, and the National Mall and Memorial Parks
			301.Tour guide services
 (a)In generalChapter 1033 of title 54, United States Code, is amended by adding at the end the following:  103307.Tour guide services (a)In generalA person providing tour guide services for a fee within a national military park, national battlefield, national battlefield park, or national battlefield site or outdoor portions of the National Mall and Memorial Parks, including the Lincoln Memorial and the Jefferson Memorial, shall not be required to obtain a license, certification, or permit of any kind to provide the services.
 (b)Application of certain restrictionsIn imposing any restriction on the scope, duration, and manner of access to or within the boundary of an area described in subsection (a) for the purposes of providing tour guide services, the Secretary shall ensure that the restrictions apply equally to all persons providing, or attempting to provide, tour guide services, without regard to employment by, or a contractual relationship with, the Service..
 (b)Clerical amendmentThe table of sections for chapter 1033 of title 54, United States Code, is amended by inserting after the item relating to section 103306 the following:
					103307. Tour guide services..


		I
		112th CONGRESS
		1st Session
		H. R. 1622
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2011
			Mr. Latta introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Communications Act of 1934 to provide for
		  voluntary incentive auction revenue sharing.

		1.Short titleThis Act may be cited as the
			 Spectrum Innovation
			 Act.
		2.Voluntary
			 incentive auction revenue sharingSection 309(j)(8) of the Communications Act
			 of 1934 (47 U.S.C. 309(j)(8)) is amended—
			(1)in subparagraph
			 (A), by striking (D), and (E), and inserting (D), (E),
			 and (F),; and
			(2)by adding at the
			 end the following:

					(F)Voluntary
				incentive auction revenue sharing
						(i)In
				generalNotwithstanding subparagraph (A) and except as provided
				in subparagraphs (B) and (C), if the Commission determines that it is
				consistent with the public interest in utilization of the spectrum for a
				licensee to relinquish voluntarily some or all of its licensed spectrum usage
				rights in order to permit the assignment of new initial licenses subject to new
				service rules, the proceeds from the use of a competitive bidding system under
				this subsection in granting such rights to another licensee shall be shared, in
				an amount or percentage that the Commission considers appropriate, with the
				licensee who voluntarily relinquished such rights.
						(ii)Amounts not
				shared deposited in TreasuryIn any case in which a licensee
				voluntarily relinquishes licensed spectrum usage rights under clause (i), the
				Commission shall deposit in the Treasury any portion of the proceeds described
				in such clause that the Commission does not share with the licensee (except
				proceeds retained under subparagraph (B) and deposits described in subparagraph
				(C)).
						.
			3.Rules for
			 voluntary incentive auction revenue sharingNot later than 1 year after the date of the
			 enactment of this Act, the Federal Communications Commission shall establish
			 rules for the implementation of voluntary incentive auction revenue sharing
			 under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934,
			 as added by section 2(2).
		4.No
			 involuntary reclamation of frequenciesThe Federal Communications Commission may
			 not reclaim frequencies of broadcast television licensees directly or
			 indirectly on an involuntary basis under subparagraph (F) of section 309(j)(8)
			 of the Communications Act of 1934, as added by section 2(2).


116 S1561 IS: Accountability for Care of Unaccompanied Alien Children Act of 2019
U.S. Senate
2019-05-21
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.

II116th CONGRESS1st SessionS. 1561IN THE SENATE OF THE UNITED STATESMay 21, 2019Mrs. Blackburn (for herself, Mr. Grassley, Mr. Hawley, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo require the Secretary of Health and Human Services to provide to the Secretary of Homeland
			 Security certain information with respect to unaccompanied alien children,
 and for other purposes.1.Short titleThis Act may be cited as the Accountability for Care of Unaccompanied Alien Children Act of 2019.2.Information sharing with respect to unaccompanied alien children(a)In generalNotwithstanding any other provision of law, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security information relating to the sponsor, potential sponsor, and each member of the household of the sponsor or potential sponsor, of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).(b)Use of informationNotwithstanding any other provision of law, the Secretary of Homeland Security may use the information provided under subsection (a) to place in detention, remove, or refer for a decision whether to initiate removal proceedings or initiate removal proceedings against, the sponsor, potential sponsor, or any member of the household of the sponsor or potential sponsor, of an unaccompanied alien child.(c)Authority To investigateNotwithstanding any other provision of law, Federal, State, and local law enforcement agencies may investigate any suspected violation of law by a sponsor, potential sponsor, or a member of the household of a sponsor or potential sponsor, of an unaccompanied alien child.


115 HR 7024 IH: Federal Flood Management Act of 2018
U.S. House of Representatives
2018-10-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7024IN THE HOUSE OF REPRESENTATIVESOctober 2, 2018Mr. Raskin (for himself, Mr. Curbelo of Florida, Mr. Panetta, Ms. Wasserman Schultz, Mr. Donovan, and Mr. Vela) introduced the following bill; which was referred to the Committee on Financial Services, 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 concernedA BILLTo establish a Federal standard in order to improve the Nation’s resilience to current and future
			 flood risk.

 1.Short titleThis Act may be cited as the Federal Flood Management Act of 2018. 2.DefinitionsIn this Act—
 (1)the term Administrator means the Administrator of the Federal Emergency Management Agency; (2)the term agency—
 (A)has the meaning given the term Executive agency in section 105 of title 5, United States Code; (B)includes military departments; and
 (C)does not apply to an agency that does not take agency actions in or affecting floodplains; (3)the term agency action means, with respect to an agency—
 (A)acquiring, managing, and disposing of Federal lands and facilities; (B)providing construction and improvements that are undertaken, financed by, or assisted by the Federal Government; and
 (C)conducting Federal activities and programs that affect land use, including planning, regulating, and licensing activities relating to water and land resources;
 (4)the term base flood means a flood that has a not less than 1 percent chance of occurring in a year; (5)the term critical action means any agency action with respect to which the head of the agency determines a slight chance of flooding would present an unacceptable amount of risk;
 (6)the term Executive Order 11988 means Executive Order 11988 (42 Fed. Reg. 26951; relating to floodplain management); (7)the term federally funded project means an action in which Federal funds are used, with respect to a structure or facility, for new construction, for substantial improvement, or to address substantial damage;
 (8)the term floodplain means, subject to section 4(b)(2), the lowland and relatively flat area that adjoins inland and coastal waters (including flood-prone areas of offshore islands);
 (9)the term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.);
 (10)the term Standard means the Federal Flood Risk Management Standard set forth in Appendix G to Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, published on October 8, 2015; and
 (11)the term Water Resources Council means the Council established under section 101 of the Water Resources Planning Act (42 U.S.C. 1962a).
 3.Sense of CongressIt is the sense of Congress that— (1)it should be the policy of the United States to improve the resiliency of communities and assets of the Federal Government against the impacts of flooding;
 (2)the impacts of flooding are anticipated to increase over time due to increased future risk and greater development on floodplains;
 (3)losses caused by flooding affect— (A)the environment;
 (B)the economic prosperity of the United States; (C)public health and safety; and
 (D)the national security of the United States; (4)the Federal Government must take action, informed by the best available and actionable science, to improve the preparedness and resilience of the United States with respect to flooding;
 (5)Executive Order 11988 requires agencies to avoid— (A)to the maximum extent practicable, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains; and
 (B)direct or indirect support of floodplain development whenever a more practicable alternative is available;
 (6)to implement Executive Order 11988, the Federal Government has developed processes for evaluating the impacts of Federal actions in or affecting floodplains;
 (7)in June 2013, an interagency effort to create a new flood risk reduction standard for federally funded projects was initiated;
 (8)in establishing the standard described in paragraph (7), the views of governors, mayors, and interested members of the public were solicited and considered;
 (9)the result of the efforts described in paragraphs (7) and (8) is the Standard, a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains; and
 (10)enacting the Standard will ensure that agencies expand management from the base flood level in effect as of the date of enactment of this Act to a higher vertical elevation and a corresponding horizontal floodplain in order to—
 (A)address current and future flood risk; and (B)ensure that federally funded projects last as long as intended.
				4.Floodplain management
 (a)In generalThe head of each agency shall provide leadership and shall take action, when carrying out an agency action, to—
 (1)reduce the risk of losses resulting from floods; (2)minimize the impact of floods on human safety, health, and welfare; and
 (3)restore and preserve the natural and beneficial values served by floodplains. (b)Agency responsibilities (1)In generalIn carrying out an agency action as described in subsection (a), the head of each agency shall—
 (A)evaluate the potential effects of any agency action taken by the agency in a floodplain, as determined under paragraph (2);
 (B)ensure that the planning programs and budget requests of the agency reflect consideration of flood hazards and the management of floodplains; and
 (C)prescribe procedures to implement the policies and requirements of this Act— (i)to the extent permitted by law; and
 (ii)in accordance with the procedures described in paragraph (3). (2)Determination of floodplainsThe head of an agency shall, when determining whether an agency action will take place in a floodplain—
 (A)use— (i)the elevation and flood hazard area, as determined by—
 (I)a climate-informed science approach that— (aa)uses the best available actionable hydrologic and hydraulic data and methods;
 (bb)integrates current and future changes in flooding based on climate science; and (cc)includes an emphasis on whether the agency action is a critical action;
 (II)the freeboard value, reached by adding an additional— (aa)2 feet to the base flood elevation for an agency action that is not a critical action; and
 (bb)3 feet to the base flood elevation for an agency action that is a critical action; or (III)any other method that is identified in any amendment made to this Act; or
 (ii)an area that has a 0.2 percent chance of flooding in a year; and (B)rely on—
 (i)the best available information; and (ii)the Flood Insurance Rate Map published by the Administrator for the community in which the agency action shall take place.
 (3)ProceduresThe procedures described in this paragraph are as follows: (A)Before an agency takes an agency action, the head of the agency shall determine under paragraph (2) whether the proposed agency action will take place in a floodplain.
 (B)If an agency action described in subparagraph (A) may have a significant effect on the quality of the human environment, the evaluation required under paragraph (5) shall be included in any statement prepared under section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).
 (C)If the head of an agency has determined to, or proposes to, conduct, support, or allow an agency action that will take place in a floodplain, as determined under paragraph (2), the head of the agency shall—
 (i)consider alternatives in order to avoid adverse effects and incompatible development in the floodplain;
 (ii)when possible, rely on natural systems, ecosystem processes, and nature-based approaches when considering alternatives under clause (i);
 (iii)if the head of the agency determines that the only practicable alternative consistent under law, including the requirements of this Act, requires taking an agency action in a floodplain, before taking the agency action—
 (I)design or modify the agency action to minimize potential harm to or within the floodplain consistent with regulations issued under paragraph (6); and
 (II)prepare and distribute a notice that contains an explanation with respect to why the agency action shall take place in the floodplain;
 (iv)with respect to an agency action relating to a program that is subject to Circular A–95 of the Office of Management and Budget, send a notice to the State and area-wide clearinghouses for the geographic areas that are affected by the agency action that—
 (I)is not more than 3 pages long; (II)includes—
 (aa)a location map; (bb)the reasons why the agency action shall occur in a floodplain;
 (cc)a statement indicating whether the agency action conforms to applicable State or local floodplain protection standards; and
 (dd)a list of the alternatives to the agency action that the head of the agency considered; and (III)allows for a brief comment period before the head of the agency may take the agency action; and
 (v)provide the opportunity for early public review of any plan or proposal for the agency action, including the development of procedures for any Federal action the impact of which is not significant enough to require the preparation of a statement under section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).
 (4)Requests for authorizations and appropriationsThe head of an agency, when making any request to the Director of the Office of Management and Budget for a new authorization or for appropriations, shall indicate, if an agency action to be proposed shall take place in a floodplain, as determined under paragraph (2), whether the agency action complies with this Act.
				(5)Water and land use plans
 (A)In generalThe head of an agency, when formulating or evaluating any water and land use plan, shall— (i)take floodplain management into account; and
 (ii)require the use of land and water resources that are appropriate when compared with the degree of hazard that is involved.
 (B)ConsiderationsThe head of each agency shall— (i)provide for the adequate evaluation and consideration of flood hazards with respect to the regulations and operating procedures for the licenses, permits, and loan or grant programs administered by the agency; and
 (ii)with respect to an applicant for a license, permit, loan, or grant that is issued or administered by the agency, encourage, and provide appropriate guidance to, the applicant to evaluate, before submitting the application, the effects that the application, if granted, would have on floodplains.
 (6)Regulations and proceduresTo the extent permitted by law, the head of each agency shall, in consultation with the Water Resources Council, the Federal Interagency Floodplain Management Task Force, the Administrator, and the Council on Environmental Quality—
 (A)issue regulations, or amend regulations that are in effect as of the date of enactment of this Act, to comply with the requirements of this Act; and
 (B)amend the regulations described in subparagraph (A) as warranted. (c)Annual reassessmentThe Mitigation Framework Leadership Group, in consultation with the Federal Interagency Floodplain Management Task Force, shall—
 (1)annually reassess the implementation of the requirements imposed under this section; and (2)provide recommendations to the Water Resources Council for updates to the requirements imposed under this section that are warranted based on accurate and actionable science that takes into account changes to climate and other changes in flood risk.
				5.Federal Flood Risk Management Standard
 (a)In generalThe head of an agency shall— (1)except as provided in subsection (b), with respect to a federally funded project undertaken by the agency, ensure that the agency complies with the Standard; and
 (2)if the agency has responsibility for the administration or management of Federal real property and facilities, in addition to the requirements under section 4 and paragraph (1)—
 (A)require the construction of Federal structures and facilities to comply with— (i)the regulations and procedures issued under section 4(b)(6); and
 (ii)any regulations issued under the National Flood Insurance Program unless those regulations are demonstrably inappropriate for a structure or facility;
 (B)apply accepted floodproofing and other flood protection measures to the construction or rehabilitation of a structure or facility that is located in a floodplain;
 (C)when practicable, elevate a structure above the floodplain instead of filling in land; (D)provide on structures and, where appropriate, other pieces of property a conspicuous delineation of past and probable flood height—
 (i)if the structure or other property— (I)is used by the general public; and
							(II)
 (aa)has suffered flood damage; or (bb)is in an identified flood hazard area; and
 (ii)in order to enhance public awareness of, and knowledge about, flood hazards; and (E)when Federal property in a floodplain is proposed for lease, easement, right-of-way, or disposal to a non-Federal public or private party—
 (i)reference in the conveyance those uses that are restricted under Federal, State, or local regulations relating to floodplains; and
						(ii)
 (I)except where prohibited by law, attach any other appropriate restrictions to the uses of the property by the grantee or purchaser, as applicable, and any successors; or
 (II)withhold the property from conveyance. (b)ExemptionThe head of an agency may exempt a federally funded project from the requirement under subsection (a)(1) if—
 (1)the exemption is in the interest of national security; (2)the undertaking of the federally funded project is—
 (A)because of an emergency; or (B)a mission-critical requirement relating to a national security interest or an emergency; or
 (3)applying the Standard to a federally funded project is demonstrably inappropriate. (c)UpdatesNot less frequently than once every 5 years, the Water Resources Council shall update the Standard, as determined appropriate by the Water Resources Council.
 6.Financial transactions in areas subject to floodingIn addition to any responsibilities under this Act and sections 102, 202, and 205 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a, 4106, and 4128), the head of any agency that guarantees, approves, regulates, or insures any financial transaction relating to an area that is subject to a base flood shall, before completing any action relating to that transaction, inform any private parties that are participating in the transaction about the hazards of locating a structure in that area.
		7.Reports
 (a)In generalNot later than 1 year after the date of enactment of this Act, the head of each agency shall submit to the Council on Environmental Quality a report regarding how the requirements of this Act impact the procedures and operations of the agency.
 (b)Analysis of StandardEach report submitted under subsection (a) shall contain a separate analysis regarding how the requirement under section 5(a)(1) has impacted agencies.
 (c)EvaluationNot less frequently than once every 2 years, the Water Resources Council shall— (1)evaluate the procedures, including the effectiveness of the procedures, of each agency relating to the requirements of this Act, taking into account each report submitted under subsection (a); and
 (2)submit to the appropriate committees of Congress a report that contains the result of the evaluation required under paragraph (1).
				8.General provisions
 (a)Rules of constructionNothing in this Act may be construed— (1)as applying to assistance that is provided for emergency work that is—
 (A)performed under sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b and 5192); and
 (B)essential to— (i)save human life; and
 (ii)protect— (I)property; and
 (II)public health and safety; or (2)to impair or otherwise affect—
 (A)the authority granted by law to an agency or the head of an agency; or (B)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
 (b)ImplementationThis Act shall be implemented consistent with applicable law and subject to the availability of appropriations.
 (c)Responsibilities of Water Resources CouncilExcept as otherwise expressly provided, the Water Resources Council shall carry out the responsibilities of the Council under this Act in consultation with the Mitigation Framework Leadership Group.
 9.Assumption of responsibilitiesIf subparagraphs (A), (B), and (C) of section 4(b)(3) apply to a project to which section 104(h) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(h)) applies, an appropriate applicant may assume the responsibilities under those subparagraphs if the applicant has also assumed, with respect to the project, all responsibilities for environmental review, decisionmaking, and action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).


110 HR 1536 IH: Prescription Coverage Now Act of 2007
U.S. House of Representatives
2007-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 1536
IN THE HOUSE OF REPRESENTATIVES

March 15, 2007
Mr. Doggett (for himself, Mr. Abercrombie, Mr. Ackerman, Mr. Allen, Mr. Andrews, Mr. Baca, Mr. Becerra, Ms. Berkley, Mr. Berman, Mr. Berry, Mr. Bishop of Georgia, Mr. Bishop of New York, Mr. Blumenauer, Ms. Corrine Brown of Florida, Mr. Butterfield, Mrs. Capps, Mr. Capuano, Mr. Cardoza, Ms. Carson, Ms. Castor, Mr. Chandler, Mrs. Christensen, Ms. Clarke, Mr. Clay, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Conyers, Mr. Costello, Mr. Courtney, Mr. Crowley, Mr. Cuellar, Mr. Cummings, Mr. Davis of Alabama, Mr. Davis of Illinois, Mrs. Davis of California, Mr. DeFazio, Ms. DeGette, Mr. Delahunt, Ms. DeLauro, Mr. Doyle, Mr. Edwards, Mr. Ellison, Mr. Emanuel, Mr. Engel, Mr. Faleomavaega, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Frank of Massachusetts, Mr. Gonzalez, Mr. Gordon of Tennessee, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hare, Mr. Hastings of Florida, Ms. Herseth, Mr. Higgins, Mr. Hinchey, Mr. Hinojosa, Ms. Hirono, Mr. Honda, Mr. Inslee, Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of Georgia, Mrs. Jones of Ohio, Mr. Kanjorski, Ms. Kaptur, Mr. Kennedy, Mr. Kildee, Ms. Kilpatrick, Mr. Klein of Florida, Mr. Kucinich, Mr. Langevin, Mr. Lantos, Mr. Larson of Connecticut, Ms. Lee, Mr. Levin, Mr. Lewis of Georgia, Mr. Lipinski, Mrs. Lowey, Mr. Lynch, Mrs. Maloney of New York, Ms. Matsui, Ms. McCollum of Minnesota, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr. Meehan, Mr. Meek of Florida, Mr. Meeks of New York, Mr. Michaud, Ms. Millender-McDonald, Mr. Miller of North Carolina, Mr. George Miller of California, Mr. Moore of Kansas, Ms. Moore of Wisconsin, Mr. Moran of Virginia, Mr. Nadler, Mrs. Napolitano, Mr. Neal of Massachusetts, Ms. Norton, Mr. Oberstar, Mr. Olver, Mr. Ortiz, Mr. Pascrell, Mr. Pastor, Mr. Payne, Mr. Pomeroy, Mr. Price of North Carolina, Mr. Rangel, Mr. Rodriguez, Mr. Ross, Mr. Rothman, Ms. Roybal-Allard, Mr. Rush, Mr. Ryan of Ohio, Ms. Linda T. Sánchez of California, Ms. Loretta Sanchez of California, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of Virginia, Mr. Scott of Georgia, Mr. Serrano, Mr. Sherman, Mr. Sires, Ms. Slaughter, Ms. Solis, Mr. Stark, Mr. Stupak, Ms. Sutton, Mr. Thompson of Mississippi, Mr. Tierney, Mr. Towns, Mr. Udall of New Mexico, Mr. Van Hollen, Ms. Velázquez, Ms. Wasserman Schultz, Ms. Waters, Ms. Watson, Mr. Watt, Mr. Waxman, Mr. Weiner, Mr. Welch of Vermont, Mr. Wexler, Ms. Woolsey, Mr. Wu, Mr. Wynn, Mr. Yarmuth, and Mr. Loebsack) 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 part D of title XVIII of the Social Security Act to assist low-income individuals in obtaining subsidized prescription drug coverage under the Medicare prescription drug program by expediting the application and qualification process and by revising the resource standards used to determine eligibility for such subsidies, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Prescription Coverage Now Act of 2007.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expediting low-income subsidies under the Medicare prescription drug program.
Sec. 3. Modification of resource standards for determination of eligibility for low-income subsidy; simplification of income and asset rules.
Sec. 4. Indexing deductible and cost-sharing above annual out-of-pocket threshold for individuals with income below 150 percent of poverty line.
Sec. 5. No impact on eligibility for benefits under other programs.
Sec. 6. Screening by Commissioner of Social Security for eligibility under Medicare savings programs.
Sec. 7. Special enrollment period for subsidy eligible individuals.
Sec. 8. Waiver of late enrollment penalty for subsidy eligible individuals.
2.Expediting low-income subsidies under the Medicare prescription drug program
(a)In generalSection 1860D–14 of the Social Security Act (42 U.S.C. 1395w–114) is amended by adding at the end the following new subsection:

(e)Expedited application and eligibility process
(1)Expedited process
(A)In generalThe Secretary shall provide for an expedited process under this subsection for the qualification for low-income assistance under this section through a request to the Secretary of the Treasury as provided in subparagraphs (B) and (C) for information sufficient to identify whether the individual involved is likely eligible for subsidies under this section based on such information and the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Such process shall be conducted in cooperation with the Commissioner of Social Security.
(B)Opt in for newly eligible individualsNot later than 60 days after the date of the enactment of this subsection, the Secretary shall ensure that, as part of the Medicare enrollment process, enrolling individuals—
(i)receive information describing the low-income subsidy provided under this section; and
(ii)are provided the opportunity to opt-in to the expedited process described in this subsection by requesting that the Commissioner of Social Security screen the individual involved for eligibility for such subsidy through a request to the Secretary of the Treasury under section 6103(l)(21) of the Internal Revenue Code of 1986.
(C)Transition for currently eligible individualsIn the case of any part D eligible individual to which subparagraph (B) did not apply at the time of such individual’s enrollment, the Secretary shall, not later than 60 days after the date of the implementation of subparagraph (B), request that the Commissioner of Social Security screen such individual for eligibility for the low-income subsidy provided under this section through a request to the Secretary of the Treasury under section 6103(l)(21) of the Internal Revenue Code of 1986.
(2)Notification of potentially eligible individualsUnder such process, in the case of each individual identified under paragraph (1) who has not otherwise applied for, or been determined eligible for, benefits under this section (or who has applied for and been determined ineligible for such benefits based only on excess resources), the Secretary shall send them a letter (using basic, uncomplicated language) containing the following:
(A)EligibilityA statement that, based on the information obtained under paragraph (1), the individual is likely eligible for low-income subsidies under this section.
(B)Amount of subsidiesA description of the amount of premium and cost-sharing subsidies under this section for which the individual would likely be eligible based on such information.
(C)Enrollment opportunityIn case the individual is not enrolled in a prescription drug plan or MA–PD plan—
(i)a statement that—
(I)the individual has the opportunity to enroll in a prescription drug plan or MA–PD plan for benefits under this part, but is not required to be so enrolled; and
(II)if the individual has creditable prescription drug coverage, the individual need not so enroll;
(ii)a list of the prescription drug plans and MA–PD plans in which the individual is eligible to enroll;
(iii)an enrollment form that may be used to enroll in such a plan by mail and that provides that if the individual wishes to enroll but does not designate a plan, the Secretary is authorized to enroll the individual in such a prescription drug plan selected by the Secretary; and
(iv)a statement that the individual may also enroll online or by telephone, but, in order to qualify for low-income subsidies, the individual must complete the attestation described in subparagraph (D) or otherwise apply for such subsidies.
(D)AttestationA one-page application form that provides for a signed attestation, under penalty of law, as to the amount of income and assets of the individual and constitutes an application for the low-income subsidies described in subparagraph (B). Such form—
(i)shall not require the submittal of additional documentation regarding income or assets;
(ii)shall permit the appointment of a personal representative described in paragraph (5); and
(iii)shall allow for the specification of a language (other than English) that is preferred by the individual for subsequent communications with respect to the individual under this part.
(E)Information on SHIPInformation on how the individual may contact the State Health Insurance Assistance Program (SHIP) for the State in which the individual is located in order to obtain assistance regarding enrollment and benefits under this part.If a State is doing its own outreach to low-income seniors regarding enrollment and low-income subsidies under this part, such process shall be coordinated with the State’s outreach effort.
(3)Follow-up communicationsIf the individual does not respond to the letter described in paragraph (2) either by making an enrollment described in paragraph (2)(C), completing an attestation described in paragraph (2)(D), or declining either or both, the Secretary shall make additional attempts to contact the individual to obtain such an affirmative response.
(4)Hold-harmlessUnder such process, if an individual in good faith and in the absence of fraud executes an attestation described in paragraph (2)(D) and is provided low-income subsidies under this section on the basis of such attestation, if the individual is subsequently found not eligible for such subsidies, there shall be no recovery made against the individual because of such subsidies improperly paid.
(5)Use of authorized representativeUnder such process, with proper authorization (which may be part of the attestation form described in paragraph (2)(D)), an individual may authorize another individual to act as the individual’s personal representative with respect to communications under this part and the enrollment of the individual under a prescription drug plan (or MA–PD plan) and for low-income subsidies under this section.
(6)Use of preferred language in subsequent communicationsIn the case an attestation described in paragraph (2)(D) is completed and in which a language other than English is specified under clause (iii) of such paragraph, the Secretary shall provide that subsequent communications to the individual under this part shall be in such language.
(7)ConstructionNothing in this subsection shall be construed as precluding the Secretary from taking additional outreach efforts to enroll eligible individuals under this part and to provide low-income subsidies to eligible individuals..
(b)Prescription drug plans required To provide expedited low-income subsidy opt-in as part of applications
(1)In generalSection 1860D–1(b)(1)(B)(vi) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(vi)) is amended by inserting before the period at the end the following: , except that any application form distributed by a sponsor of a prescription drug plan, or an organization offering an MA–PD plan, shall contain an option for a part D eligible individual to opt-in to the expedited process under section 1860D–14(e) for low-income assistance subsidies under such section by requesting that the individual be screened for eligibility for such subsidy through a request to the Secretary of the Treasury under section 6103(l)(21) of the Internal Revenue Code of 1986.
(2)Effective dateThe amendment made by paragraph (1) shall apply to application forms for plan years beginning with 2008.
(c)Disclosure of return information for purposes of screening individuals for eligibility for low-income subsidies under Medicare
(1)In generalSubsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(21)Disclosure of return information for purposes of providing low-income subsidies under Medicare
(A)Return information from Internal Revenue Service to Social Security AdministrationThe Secretary, upon written request from the Commissioner of Social Security under section 1860D–14(e)(1) of the Social Security Act, shall disclose to the Commissioner with respect to any taxpayer identified by the Commissioner—
(i)
(I)whether the adjusted gross income, as modified in accordance with specifications of the Secretary of Health and Human Services for purposes of carrying out such section, of such taxpayer and, if applicable, such taxpayer’s spouse, for the applicable year, exceeds the amounts specified by the Secretary of Health and Human Services in order to apply the 135 and 150 percent poverty lines under such section,
(II)the adjusted gross income (as determined under subclause (I)), in the case of a taxpayer with respect to which such adjusted gross income exceeds the amount so specified for applying the 135 percent poverty line and does not exceed the amount so specified for applying the 150 percent poverty line,
(III)whether the return was a joint return for the applicable year, and
(IV)the applicable year, or
(ii)if applicable, the fact that there is no return filed for such taxpayer for the applicable year.
(B)Definition of applicable yearFor the purposes of this paragraph, the term applicable year means the most recent taxable year for which information is available in the Internal Revenue Service’s taxpayer data information systems, or, if there is no return filed for such taxpayer for such year, the prior taxable year.
(C)Restriction on individuals for whom disclosure is requestedThe Commissioner of Social Security shall only request information under this paragraph with respect to individuals who are described in subparagraph (C) of section 1860D–14(e)(1) of the Social Security Act or who have requested that such request be made under subparagraph (B) of such section.
(D)Return information from Social Security Administration to Department of Health and Human ServicesThe Commissioner of Social Security shall, upon written request from the Secretary of Health and Human Services, disclose to the Secretary of Health and Human Services the information described in clauses (i) and (ii) of subparagraph (A).
(E)Permissive disclosure to officers, employees, and contractorsThe information described in clauses (i) and (ii) of subparagraph (A) may be disclosed among officers, employees, and contractors of the Social Security Administration and the Department of Health and Human Services for the purposes described in subparagraph (F).
(F)Restriction on use of disclosed informationReturn information disclosed under this paragraph may be used only for the purposes of identifying eligible individuals for, and administering—
(i)low-income subsidies under section 1860D–14 of the Social Security Act, and
(ii)the Medicare Savings Program implemented under clauses (i), (iii), and (iv) of section 1902(a)(10)(E) of such Act.
(G)Termination of disclosures for certain eligibility determinationsWith respect to individuals who are described in subparagraph (C) of section 1860D–14(e)(1) of the Social Security Act, return information may not be disclosed under this paragraph after the date that is one year after the date of the enactment of this paragraph..
(2)ConfidentialityParagraph (3) of section 6103(a) of such Code is amended by striking or (20) and inserting (20), or (21).
(3)Procedures and recordkeeping related to disclosuresParagraph (4) of section 6103(p) of such Code is amended by striking or (20) each place it appears and inserting (20), or (21).
(4)Unauthorized disclosure or inspectionParagraph (2) of section 7213(a) of such Code is amended by striking or (20) and inserting (20), or (21).
3.Modification of resource standards for determination of eligibility for low-income subsidy; simplification of income and asset rules
(a)Increasing the resource standard applied to full low-income subsidySubparagraph (D) of section 1860D–14(a)(3)(D) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)) is amended—
(1)in the heading, by striking three times;
(2)in clause (i), by striking and at the end;
(3)in clause (ii)—
(A)by striking a subsequent year and inserting 2007;
(B)by striking this clause for the previous year and inserting clause (i) for 2006; and
(C)by inserting (or clause (i)) after this clause; and
(D)by striking the period at the end and inserting a semicolon;
(4)by adding at the end the following new clauses:

(iii)for 2008, six times the maximum amount of resources that an individual may have and obtain benefits under such supplemental security income program; and
(iv)for a subsequent year the resource limitation established under this clause (or clause (iii)) for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. ; and
(5)in the last sentence, by inserting or (iv) after clause (ii).
(b)Increasing the alternate resource standardSubparagraph (E)(i) of such section is amended—
(1)by striking and at the end of subclause (I);
(2)in subclause (II)—
(A)by striking a subsequent year and inserting 2007;
(B)by striking in this subclause (or subclause (I)) for the previous year and inserting in subclause (I) for 2006; and
(C)by striking the period at the end and inserting a semicolon;
(3)by inserting after subclause (II) the following new subclauses:

(III)for 2008, $27,500 (or $55,000 in the case of the combined value of the individual’s assets or resources and the assets or resources of the individual’s spouse); and
(IV)for a subsequent year the dollar amounts specified in this subclause (or subclause (III)) for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. ; and
(4)in the last sentence, by inserting or (IV) after subclause (II).
(c)Exemptions from resourcesSuch section is further amended—
(1)in subparagraphs (D) and (E), by inserting , except as provided in subparagraph (G) after supplemental security income program; and
(2)by adding at the end the following new subparagraph:

(G)Additional exclusionsIn determining the resources of an individual (and their eligible spouse, if any) under section 1613 for purposes of subparagraphs (D) and (E), the following additional exclusions shall apply for months beginning after the date of the enactment of this subparagraph:
(i)Life insurance policyNo part of the value of any life insurance policy shall be taken into account.
(ii)Pension or retirement planNo balance in any pension or retirement plan shall be taken into account..
(d)Not counting in-kind support and maintenance as incomeSuch section is further amended in subparagraph (C)(i), by inserting and except that support and maintenance furnished in kind shall not be counted as income for months beginning after the date of the enactment of the Prescription Coverage Now Act of 2007 after section 1902(r)(2).
4.Indexing deductible and cost-sharing above annual out-of-pocket threshold for individuals with income below 150 percent of poverty line
(a)Indexing deductibleSection 1860D–14(a)(4)(B) of the Social Security Act (42 U.S.C. 1395w–114(a)(4)(B)) is amended—
(1)in clause (i), by striking or;
(2)in clause (ii)—
(A)by striking a subsequent year and inserting 2008;
(B)by striking this clause (or clause (i)) for the previous year and inserting clause (i) for 2007; and
(C)by striking the period at the end and inserting ; and;
(3)by adding after clause (ii) the following new clause:

(iii)for 2008 and each succeeding year, the amount determined under this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. ; and
(4)in the last sentence, by striking clause (i) or (ii) and inserting clause (i), (ii), or (iii).
(b)Indexing cost-sharingSection 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended—
(1)in paragraph (1)(D)(iii), by striking exceed the copayment amount and all that follows through the period at the end and inserting “exceed—

(I)for 2006 and 2007, the copayment amount specified under section 1860D–2(b)(4)(A)(i)(I) for the drug and year involved; and
(II)for 2008 and each succeeding year, the amount determined under this subparagraph for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. ; and
(2)in paragraph (2)(E), by striking exceed the copayment or coinsurance amount and all that follows through the period at the end and inserting “exceed—

(i)for 2006 and 2007, the copayment or coinsurance amount specified under section 1860D–2(b)(4)(A)(i)(I) for the drug and year involved; and
(ii)for 2008 and each succeeding year, the amount determined under this clause for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of such previous year. .
5.No impact on eligibility for benefits under other programs
(a)In generalSection 1860D–14(a)(3) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)), as amended by section 3(c)(2), is amended—
(1)in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (F) and inserting subparagraphs (F) and (H); and
(2)by adding at the end the following new subparagraph:

(H)No impact on eligibility for benefits under other programsThe availability of premium and cost-sharing subsidies under this section shall not be treated as benefits or otherwise taken into account in determining an individual’s eligibility for, or the amount of benefits under, any other Federal program. .
(b)Effective dateThe amendments made by subsection (a) shall apply to premium and cost-sharing subsidies for months beginning after the date of the enactment of this Act.
6.Screening by Commissioner of Social Security for eligibility under Medicare savings programs
(a)In generalSection 1860D–14(a)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)(B)(i)) is amended by inserting after the first sentence the following: As part of making an eligibility determination under the preceding sentence for an individual, the Commissioner shall make a determination of the individual’s eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the individual is eligible for any such medicare cost-sharing, transmit the data necessary to verify such eligibility to the appropriate State Medicaid agency..
(b)Effective dateThe amendment made by subsection (a) shall apply to determinations made for months beginning after the date of the enactment of this Act.
7.Special enrollment period for subsidy eligible individuals
(a)In generalSection 1860D–1(b)(3) of the Social Security Act (42 U.S.C. 1395w–101(b)(3)) is amended by adding at the end the following new subparagraph:

(F)Eligibility for low-income subsidy
(i)In generalIn the case of an applicable subsidy eligible individual (as defined in clause (ii)), the special enrollment period described in clause (iii).
(ii)Applicable subsidy eligible individual definedFor purposes of this subparagraph, the term applicable subsidy eligible individual means a part D eligible individual who is determined under subparagraph (B) of section 1860D–14(a)(3) to be a subsidy eligible individual (as defined in subparagraph (A) of such section), and includes such an individual who was enrolled in a prescription drug plan or an MA–PD plan on the date of such determination.
(iii)Special enrollment period describedThe special enrollment period described in this clause, with respect to an applicable subsidy eligible individual, is the 90-day period beginning on the date the individual receives notification that such individual has been determined under section 1860D–14(a)(3)(B) to be a subsidy eligible individual (as so defined). .
(b)Automatic enrollment process for certain subsidy eligible individualsSection 1860D–1(b)(1) is amended by adding at the end the following new subparagraph:

(D)Special rule for subsidy eligible individualsThe process established under subparagraph (A) shall include, in the case of an applicable subsidy eligible individual (as defined in clause (ii) of paragraph (3)(F)) who fails to enroll in a prescription drug plan or an MA–PD plan during the special enrollment period described in clause (iii) of such paragraph applicable to such individual, a process for the facilitated enrollment of the individual in the prescription drug plan or MA–PD plan that is most appropriate for such individual (as determined by the Secretary). Nothing in the previous sentence shall prevent an individual described in such sentence from declining enrollment in a plan determined appropriate by the Secretary (or in the program under this part) or from changing such enrollment..
(c)Effective dateThe amendments made by this section shall apply to subsidy determinations made for months beginning with January 2008.
8.Waiver of late enrollment penalty for subsidy eligible individuals
(a)In generalSection 1860D–13(b) of the Social Security Act (42 U.S.C. 1395w–113(b)) is amended by adding at the end the following new paragraph:

(8)Waiver of late enrollment penalty for subsidy eligible individualsIn the case of a subsidy eligible individual (as defined in paragraph (3)(A) of section 1860D–14(a)) who is determined to be entitled to a subsidy in accordance with paragraph (1) or (2) of such section, there shall not be an increase under paragraph (1) in the monthly premium of such individual for any month in which such individual is determined to be so entitled. .
(b)Conforming amendmentSection 1860D–14(a)(1)(A) of such Act (42 U.S.C. 1395w–114(a)(1)(A)) is amended—
(1)by striking equal to— and all that follows through (i) 100 percent and inserting equal to 100 percent;
(2)by striking ; plus and inserting a period; and
(3)by striking clause (ii).
(c)Effective dateThe amendments made by this section shall apply to premiums and subsidies for months beginning with January 2008. Nothing in this section shall be construed as affecting the waiver of any late enrollment penalties for subsidy eligible individuals that may have been effected by administrative action for months before such month.