116 HR 8512 IH: Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data
U.S. House of Representatives
2020-10-02
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.

I116th CONGRESS2d SessionH. R. 8512IN THE HOUSE OF REPRESENTATIVESOctober 2, 2020Mr. Foster (for himself and Mr. Moulton) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, 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 require the Securities and Exchange Commission to promulgate regulations relating to the disclosure of certain commercial data, and for other purposes.1.Short titleThis Act may be cited as the Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data.2.DefinitionsIn this Act:(1)CommissionThe term Commission means the Securities and Exchange Commission.(2)IssuerThe term issuer has the meaning given the term in section 3(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)).(3)Other definitionsThe terms commercial data operator, user, and user data have the meaning given those terms, respectively, under section 13(s)(1) of the Securities Exchange Act of 1934.3.Commercial data operators(a)Requirements(1)In generalA commercial data operator shall—(A)on a routine basis, and not less frequently than once every 90 days—(i)provide each user of the commercial data operator with an assessment of the economic value that the commercial data operator places on the data of that user; and(ii)in a clear and conspicuous manner, in accordance with paragraph (3), identify to each user of the commercial data operator—(I)the types of data collected from users of the commercial data operator, whether by the commercial data operator or another person pursuant to an agreement with the commercial data operator; and(II)the ways that the data of a user of the commercial data operator is used if the use is not directly or exclusively related to the online service that the commercial data operator provides to the user; and(B)except as provided in paragraph (2), provide a user of the commercial data operator with the ability to delete all data, in the aggregate and for an individual field, that the commercial data operator possesses, or maintains control or access to with respect to the user, through—(i)a single setting; or(ii)another clear and conspicuous mechanism by which the user may make such a deletion.(2)Deletion exceptions(A)In generalA commercial data operator shall comply with a user directive to delete, in whole or in part, the data of the user except—(i)in cases where there is a legal obligation of the commercial data operator to maintain the data;(ii)for the establishment, exercise, or defense of legal claims; or(iii)if the data is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activity.(B)RetentionA commercial data operator may not retain any more user data than is necessary to carry out an activity described in clauses (i) through (iii) of subparagraph (A).(3)AvailabilityA commercial data operator shall ensure that all disclosures required under paragraph (1) are available to a user of the commercial data operator—(A)on and after the date on which the commercial data operator makes the identification; and(B)through any normal mechanism by which a user may interact with the online service provided by the commercial data operator.(4)Unfair and deceptive acts or practices(A)Unfair or deceptive acts or practicesA violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(B)Powers of Federal Trade Commission(i)In generalThe Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection.(ii)Privileges and immunitiesAny person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(b)RegulationsNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations carrying out subsection (a).4.SEC disclosures(a)In generalSection 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:(s)Disclosure relating to aggregate value of user data held by commercial data operators(1)DefinitionsIn this subsection:(A)Commercial data operatorThe term commercial data operator means an entity acting in its capacity as a consumer online services provider or data broker that—(i)generates a material amount of revenue directly from the use, collection, processing, sale, or sharing of the user data; and(ii)has more than 100,000,000 unique monthly visitors or users in the United States for a majority of months during the previous 1-year period;(B)UserThe term user means an individual consumer who uses an online service designed for consumer use by a commercial data operator.(C)User dataThe term user data means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with an individual user, whether directly submitted to the commercial data operator by the user or derived from the observed activity of the user by the commercial data operator.(2)DisclosureEach issuer that is, or is a consolidated subsidiary of, a commercial data operator and is required to file an annual or quarterly report under subsection (a) shall disclose in that report the aggregate value, if material, of—(A)user data that the commercial data operator holds;(B)contracts with third parties for the collection of user data through the online service provided by the commercial data operator; and(C)any other item that the Commission determines, by rule, is necessary or useful for the protection of investors and in the public interest.(3)Valuation methodology(A)In generalThe Commission, in consultation with appropriate standards settings organizations, shall develop a method or methods for calculating the value of user data required to be disclosed under paragraph (2).(B)ConsiderationsIn developing the method under subparagraph (A), the Commission shall promote comparability in calculating the value of data across commercial data operators that utilize user data in a similar manner while taking into account the potential need to develop distinct methods for calculating the value of data for different uses, sectors, and business models..(b)Qualitative disclosureNot later than 1 year after the date of enactment of this subsection, the Commission shall amend section 229.306 of title 17, Code of Federal Regulations, to require a commercial data operator that is an issuer subject to section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) to provide quantitative and qualitative disclosures about the value of user data held, including—(1)technical and legal measures in place to protect user data held by the commercial data operator;(2)an assessment of financial and legal risks associated with storing the type and quantity of user data held by the commercial data operator;(3)each source of user data held by the commercial data operator, whether by sale, a direct consumer relationship, an indirect consumer relationship, or other means;(4)each discrete revenue generating operation of the commercial data operator and any subsidiary or affiliate that relies on user data;(5)the entry into any contract valued at more than $10,000,000 with a third party for the collection, licensing, or sharing by the third party pursuant to an agreement with the commercial data operator;(6)the amount of revenue derived from obtaining, collecting, processing, selling, using or sharing user data during the reporting period;(7)how changes in the measurement of aggregate fair value of user data affect the reported performance and cash flows of the issuer; and(8)any acquisition of user data in the preceding reporting period valued at more than $100,000,000.(c)Report(1)In generalNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on—(A)the nature, timing, and extent of the disclosure practices of commercial data operators;(B)an assessment of the valuation methodologies and practices employed by commercial data operators in developing and submitting disclosures to the public;(C)an evaluation of the methods of delivery and presentation of the disclosures required by this Act, and the amendments made by this Act; and(D)recommendations for the improvement of the methods described in subparagraph (C), including developing standards to enhance comparability and utility for investors.(2)RulemakingNot later than 180 days after the date on which the report required under paragraph (1) is submitted, the Commission shall promulgate a proposed regulation implementing the recommendations described in paragraph (1)(D).


		IIA
		110th CONGRESS
		2d Session
		S. J. RES. 39
		IN THE SENATE OF THE UNITED STATES

			June 6, 2008
			Mr. Nelson of Florida
			 introduced the following joint resolution; which was read twice and referred to
			 the Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States to abolish the electoral college and to provide for the
		  direct popular election of the President and Vice President of the United
		  States.

		That the following article is
			 proposed as an amendment to the Constitution of the United States, which shall
			 be valid to all intents and purposes as part of the Constitution when ratified
			 by the legislatures of three-fourths of the several States within seven years
			 after the date of its submission by the Congress:

			 —
					1.The President and Vice
				President shall be jointly elected by the direct vote of the qualified electors
				of the several States and territories and the District constituting the seat of
				Government of the United States. The electors in each State, territory, and the
				District constituting the seat of Government of the United States shall have
				the qualifications requisite for electors of the most numerous branch of the
				legislative body where they reside.
					2.Congress may determine the
				time, place, and manner of holding the election, the entitlement to inclusion
				on the ballot, and the manner in which the results of the election shall be
				ascertained and
				declared.
					.


		I
		112th CONGRESS
		2d Session
		H. R. 3784
		IN THE HOUSE OF REPRESENTATIVES

			January 18, 2012
			Mr. Kucinich (for
			 himself, Ms. Woolsey,
			 Mr. Conyers,
			 Mr. Langevin,
			 Ms. Fudge, and
			 Mr. Filner) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means, and in addition to the Committee on
			 Transportation and
			 Infrastructure, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To amend the Internal Revenue Code of 1986 to impose a
		  windfall profit tax on oil and natural gas (and products thereof) and to allow
		  an income tax credit for purchases of fuel-efficient passenger vehicles, and to
		  allow grants for mass transit.

		1.Short titleThis Act may be cited as the
			 Gas Price Spike Act of 2012.
		2.Windfall profits
			 tax
			(a)In
			 generalSubtitle E of the Internal Revenue Code of 1986 (relating
			 to alcohol, tobacco, and certain other excise taxes) is amended by adding at
			 the end thereof the following new chapter:

					56Windfall profit
				on crude oil, natural gas, and products thereof

							Sec. 5896. Imposition of
				  tax.

						5896.Imposition of
				tax
							(a)In
				generalIn addition to any other tax imposed under this title,
				there is hereby imposed an excise tax on the sale in the United States of any
				crude oil, natural gas, or other taxable product a tax equal to the applicable
				percentage of the windfall profit on such sale.
							(b)DefinitionsFor
				purposes of this section—
								(1)Taxable
				productThe term taxable product means any fuel
				which is a product of crude oil or natural gas.
								(2)Windfall
				profitThe term windfall profit means, with respect
				to any sale, so much of the profit on such sale as exceeds a reasonable
				profit.
								(3)Applicable
				percentageThe term applicable percentage
				means—
									(A)50 percent to the
				extent that the profit on the sale exceeds 100 percent of the reasonable profit
				on the sale but does not exceed 102 percent of the reasonable profit on the
				sale,
									(B)75 percent to the
				extent that the profit on the sale exceeds 102 percent of the reasonable profit
				on the sale but does not exceed 105 percent of the reasonable profit on the
				sale, and
									(C)100 percent to the
				extent that the profit on the sale exceeds 105 percent of the reasonable profit
				on the sale.
									(4)Reasonable
				profitThe term reasonable profit means the amount
				determined by the Reasonable Profits Board to be a reasonable profit on the
				sale.
								(c)Liability for
				payment of taxThe taxes imposed by subsection (a) shall be paid
				by the
				seller.
							.
			(b)Clerical
			 amendmentThe table of chapters for subtitle E of such Code is
			 amended by adding at the end the following new item:

						Chapter 56. windfall profit on crude oil
				and refined petroleum
				products.

					.
			(c)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of the enactment of this Act.
			3.Credit for
			 purchasing fuel efficient American-made passenger vehicles
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is
			 amended by inserting after section 25D the following new section:

					25E.Purchase of
				fuel-efficient American-made passenger vehicles
						(a)In
				generalIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the cost of any qualified passenger vehicle purchased by the taxpayer
				during the taxable year.
						(b)Maximum
				credit
							(1)In
				generalThe credit allowed by this section for the taxable year
				shall be—
								(A)$3,000 in the case of a qualified passenger
				vehicle not described in subparagraph (B) or (C) if the vehicle’s fuel economy
				is within the 10 percent most fuel efficient range,
								(B)$4,500 in the case
				of a qualified passenger vehicle not described in subparagraph (C) if the
				vehicle’s fuel economy is within the 5 percent most fuel efficient range,
				and
								(C)$6,000 in the case of a qualified passenger
				vehicle the fuel economy of which is at least 65 miles per gallon.
								(2)Determination of
				ranges
								(A)In
				generalA vehicle sold during a calendar year is within the 10
				percent most fuel efficient range if the fuel economy for such vehicle is equal
				to or greater than the lowest fuel economy of a vehicle included in the group
				consisting of the 10 percent of the vehicles sold during the preceding calendar
				year with the highest fuel economy. A similar rule shall be applied to
				determine the 5 percent most fuel efficient range.
								(B)Separate
				determinationThe 5 and 10
				percent most fuel efficient ranges shall be determined separately for—
									(i)trucks and sport utility vehicles as a
				group, and
									(ii)other qualified vehicles as a group.
									(C)Ranges to be
				published before beginning of yearBefore the beginning of each calendar year,
				the Secretary shall publish in the Federal Register the 5 and 10 percent most
				fuel efficient ranges which apply for such calendar year. In the case of ranges
				for calendar year 2011, such ranges shall be published as soon as
				possible.
								(c)Qualified
				passenger vehicleFor purposes of this section—
							(1)In
				generalThe term qualified automobile means any
				automobile (as defined in section 4064(b))—
								(A)which is purchased
				after the date of the enactment of this section,
								(B)which is assembled
				in the United States by individuals employed under a collective bargaining
				agreement,
								(C)the original use
				of which begins with the taxpayer,
								(D)substantially all
				of the use of which is for personal, nonbusiness purposes, and
								(E)the fuel economy of such automobile is
				within the 10 percent most fuel efficient range.
								(2)Fuel
				economyFuel economy shall be determined in accordance with
				section 4064.
							(d)Special
				rules
							(1)Basis
				reductionThe basis of any property for which a credit is
				allowable under subsection (a) shall be reduced by the amount of such
				credit.
							(2)Property used
				outside United States not qualifiedNo credit shall be allowed
				under subsection (a) with respect to any property referred to in section
				50(b).
							.
			(b)Clerical
			 amendmentThe table of sections for such subpart A is amended by
			 inserting after the item relating to section 25D the following new item:

						Sec. 25E. Purchase of fuel-efficient
				American-made passenger
				vehicles.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years ending after the date of the enactment of this Act.
			4.Mass transit fare
			 reductions during gas price spikes
			(a)In
			 generalThe Secretary of Transportation may make grants to the
			 operator of a mass transit system to assist the operator in reducing fares paid
			 by passengers using the system.
			(b)Use of
			 grantsGrants received under the program shall be used solely for
			 implementing a fare reduction described in subsection (a) that is applied
			 equally to all passengers using the mass transit system.
			(c)Mass transit
			 system definedIn this section, the term mass transit
			 system includes bus and commuter rail systems.
			(d)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section in a fiscal year amounts equivalent to the excess (if any)
			 of—
				(1)the revenues
			 received during the preceding fiscal year pursuant to chapter 56 of the
			 Internal Revenue Code of 1986 (relating to windfall profit on crude oil and
			 refined petroleum products), over
				(2)the revenue cost
			 for such fiscal year of section 25E of such Code (relating to purchase of
			 fuel-efficient American-made passenger vehicles).
				Amounts
			 authorized under the preceding sentence shall remain available until
			 expended.5.Reasonable
			 Profits Board
			(a)EstablishmentThere
			 is established an independent board to be known as the Reasonable
			 Profits Board (hereafter in this section referred to as the
			 Board).
			(b)DutiesThe
			 Board shall make reasonable profit determinations for purposes of applying
			 section 5896 of the Internal Revenue Code of 1986 (relating to windfall profit
			 on crude oil, natural gas, and products thereof).
			(c)Advisory
			 CommitteeThe Board shall be considered an advisory committee
			 within the meaning of the Federal Advisory
			 Committee Act (5 U.S.C. App.).
			(d)Appointment
				(1)MembersThe
			 Board shall be composed of 3 members appointed by the President of the United
			 States.
				(2)TermMembers
			 of the Board shall be appointed for a term of 3 years.
				(3)BackgroundThe
			 members shall have no financial interests in any of the businesses for which
			 reasonable profits are determined by the Board.
				(e)Pay and travel
			 expenses
				(1)PayNotwithstanding
			 section 7 of the Federal Advisory Committee
			 Act (5 U.S.C. App.), members of the Board shall be paid at a rate
			 equal to the daily equivalent of the minimum annual rate of basic pay for level
			 IV of the Executive Schedule under section 5315 of title 5, United States Code,
			 for each day (including travel time) during which the member is engaged in the
			 actual performance of duties vested in the Board.
				(2)Travel
			 expensesMembers shall receive travel expenses, including per
			 diem in lieu of subsistence, in accordance with section 5702 and 5703 of title
			 5, United States Code.
				(f)Director of
			 staff
				(1)QualificationsThe
			 Board shall appoint a Director who has no financial interests in any of the
			 businesses for which reasonable profits are determined by the Board.
				(2)PayNotwithstanding
			 section 7 of the Federal Advisory Committee
			 Act (5 U.S.C. App.), the Director shall be paid at the rate of basic
			 pay payable for level IV of the Executive Schedule under section 5315 of title
			 5, United States Code.
				(g)Staff
				(1)Additional
			 personnelThe Director, with the approval of the Board, may
			 appoint and fix the pay of additional personnel.
				(2)AppointmentsThe
			 Director may make such appointments without regard to the provisions of title
			 5, United States Code, governing appointments in the competitive service, and
			 any personnel so appointed may be paid without regard to the provisions of
			 chapter 51 and subchapter III of chapter 53 of that title relating to
			 classification and General Schedule pay rates.
				(3)DetaileesUpon
			 the request of the Director, the head of any Federal department or agency may
			 detail any of the personnel of that department or agency to the Board to assist
			 the Board in accordance with an agreement entered into with the Board.
				(4)AssistanceThe
			 Comptroller General of the United States may provide assistance, including the
			 detailing of employees, to the Board in accordance with an agreement entered
			 into with the Board.
				(h)Other
			 authority
				(1)Experts and
			 consultantsThe Board may procure by contract, to the extent
			 funds are available, the temporary or intermittent services of experts or
			 consultants pursuant to section 3109 of title 5, United States Code.
				(2)LeasingThe
			 Board may lease space and acquire personal property to the extent that funds
			 are available.
				(i)FundingThere
			 are authorized to be appropriated such funds as are necessary to carry out this
			 section.


		I
		112th CONGRESS
		2d Session
		H. R. 4511
		IN THE HOUSE OF REPRESENTATIVES

			April 24, 2012
			Mr. Coble introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on
		  Trinexapac-ethyl.

		1.Trinexapac-ethyl
			(a)In
			 generalHeading 9902.29.93 of
			 the Harmonized Tariff Schedule of the United States (relating to
			 Trinexapac-ethyl) is amended by striking 12/31/2012 and
			 inserting 12/31/2015.
			(b)Effective
			 dateThe amendments made by subsection (a) apply with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 5648
		IN THE HOUSE OF REPRESENTATIVES

			June 30, 2010
			Mr. Bilirakis
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs, and in addition to the Committee on the
			 Judiciary, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend title 38, United States Code, to reinstate
		  criminal penalties for persons charging veterans unauthorized
		  fees.

		1.Reinstatement of penalties
			 for charging veterans unauthorized fees
			(a)In
			 generalSection 5905 of title
			 38, United States Code, is amended by inserting after Whoever
			 the following: (1) directly or indirectly solicits, contracts for,
			 charges, or receives, or attempts to solicit, contract for, charge, or receive,
			 any fee or compensation except as provided in sections 5904 or 1984 of this
			 title, or (2).
			(b)Effective
			 dateThe amendment made by
			 subsection (a) shall apply with respect to actions taken after the date of the
			 enactment of this Act.


113 HR 2401 IH: Good Neighbor Forestry Act
U.S. House of Representatives
2013-06-17
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. 2401
		IN THE HOUSE OF REPRESENTATIVES

			June 17, 2013
			Mr. Cotton introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Agriculture, 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 authorize the Secretary of Agriculture and the
		  Secretary of the Interior to enter into cooperative agreements with State
		  foresters authorizing State foresters to provide certain forest, rangeland, and
		  watershed restoration and protection services.

		1.Short titleThis Act may be cited as the
			 Good Neighbor Forestry
			 Act.
		2.DefinitionsIn this Act:
			(1)Eligible
			 stateThe term eligible State means a State that
			 contains National Forest System land or Bureau of Land Management land.
			(2)SecretaryThe
			 term Secretary means—
				(A)the Secretary of
			 Agriculture, with respect to National Forest System land; or
				(B)the Secretary of
			 the Interior, with respect to Bureau of Land Management land.
				(3)State
			 foresterThe term State forester means the head of
			 a State agency with jurisdiction over State forestry programs in an eligible
			 State.
			3.Cooperative
			 agreements and contracts
			(a)In
			 generalThe Secretary may enter into a cooperative agreement or
			 contract (including a sole source contract) with a State forester to authorize
			 the State forester to provide the forest, rangeland, and watershed restoration,
			 management, and protection services described in subsection (b) on National
			 Forest System land or Bureau of Land Management land, as applicable, in the
			 eligible State.
			(b)Authorized
			 servicesThe forest, rangeland, and watershed restoration,
			 management, and protection services referred to in this section include the
			 conduct of—
				(1)activities to
			 treat insect-infected forests;
				(2)activities to
			 reduce hazardous fuels;
				(3)activities
			 involving commercial harvesting or other mechanical vegetation treatments;
			 or
				(4)any other
			 activities to restore or improve forest, rangeland, and watershed health,
			 including fish and wildlife habitat
				(c)State as
			 agentExcept as provided in subsection (f), a cooperative
			 agreement or contract entered into under subsection (a) may authorize the State
			 forester to serve as the agent for the Secretary in providing the restoration,
			 management, and protection services authorized under subsection (a).
			(d)SubcontractsIn
			 accordance with applicable contract procedures for the eligible State, a State
			 forester may enter into subcontracts to provide the restoration, management,
			 and protection services authorized under a cooperative agreement or contract
			 entered into under subsection (a).
			(e)Timber
			 salesSubsections (d) and (g) of section 14 of the National
			 Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services
			 performed under a cooperative agreement or contract entered into under
			 subsection (a).
			(f)Retention of
			 NEPA responsibilitiesAny decision required to be made under the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
			 to any restoration, management, and protection services to be provided under
			 this Act by a State forester on National Forest System land or Bureau of Land
			 Management land, as applicable, shall not be delegated to a State forester or
			 any other officer or employee of the eligible State.
			(g)Applicable
			 lawThe restoration, management, and protection services to be
			 provided under this Act shall be carried out on a project-to-project basis
			 under existing authorities of the Forest Service or Bureau of Land Management,
			 as applicable.


		II
		111th CONGRESS
		1st Session
		S. 2347
		IN THE SENATE OF THE UNITED STATES

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

		A BILL
		To suspend temporarily the duty on
		  s-Metolachlor.

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

								9902.01.00Chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide
						(s-Metolachlor). (CAS No. 87392–12–9) (as provided for in Subheading
						2924.29.4700)6.0%No changeNo changeOn or before 12/31/2011

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


94 HR 3200 IH: Community Energy Savings Program Act of 2021
U.S. House of Representatives
2021-05-13
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.

I117th CONGRESS1st SessionH. R. 3200IN THE HOUSE OF REPRESENTATIVESMay 13, 2021Ms. Kuster introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Energy Policy and Conservation Act to establish a program to provide loans to implement cost-effective energy efficiency measures, and for other purposes.1.Short titleThis Act may be cited as the Community Energy Savings Program Act of 2021.2.Community energy savings program(a)In generalThe Energy Policy and Conservation Act is amended by inserting after section 362 (42 U.S.C. 6322) the following:362A.Community energy savings program(a)PurposeThe purpose of this section is to help households and small businesses achieve cost savings by providing loans to implement cost-effective energy efficiency measures.(b)DefinitionsIn this section:(1)Community development financial institutionThe term community development financial institution means a financial institution certified by the Community Development Financial Institutions Fund administered by the Secretary of the Treasury.(2)Eligible entityThe term eligible entity means—(A)a public power group;(B)a community development financial institution; and(C)an eligible unit of local government.(3)Eligible unit of local governmentThe term eligible unit of local government means any agency or political subdivision of a State.(4)Energy efficiency measuresThe term energy efficiency measures means, with respect to a property served by or in the service area or jurisdiction, as applicable, of an eligible entity, structural improvements and investments in cost-effective commercial technologies to increase energy efficiency (including cost-effective on- or off-grid renewable energy, energy storage, or demand response systems).(5)Household with a high energy burden(A)In generalThe term household with a high energy burden means a low-income household the residential energy burden of which exceeds the median energy burden for all low-income households in the State in which the low-income household is located.(B)CalculationThe residential energy burden referred to in subparagraph (A) is the quotient obtained by dividing residential energy expenditures by the annual income of the low-income household.(6)Indian tribeThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(7)Manufactured homeThe term manufactured home—(A)has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402); and(B)includes a home described in subparagraph (A) without regard to whether the home was built before, on, or after the date on which the construction and safety standards established under section 604 of that Act (42 U.S.C. 5403) became effective.(8)ProgramThe term program means the program established under subsection (c).(9)Public power groupThe term public power group means—(A)a public utility;(B)an electric or energy cooperative;(C)a public power district; and(D)a group of 1 or more public utilities or electric or energy cooperatives (commonly referred to as a joint action agency, generation and transmission cooperative, municipal power association, or State cooperative association).(10)Qualified consumerThe term qualified consumer means a consumer served by or in the service area or jurisdiction, as applicable, of an eligible entity that has the ability to repay a loan made under subsection (f), as determined by the eligible entity.(11)SecretaryThe term Secretary means the Secretary of Energy.(12)StateThe term State means—(A)a State;(B)the District of Columbia;(C)the Commonwealth of Puerto Rico; and(D)any other territory or possession of the United States.(c)EstablishmentNot later than 120 days after the date of enactment of this section, the Secretary shall establish a program under which the Secretary shall provide grants to States and Indian tribes to provide loans to eligible entities in accordance with this section.(d)Grant fund allocation(1)In generalOf the amount appropriated under subsection (k) for each fiscal year, the Secretary shall allocate as grant funds—(A)98 percent to be provided to States in accordance with paragraph (2); and(B)2 percent to be provided to Indian tribes in accordance with paragraph (3).(2)Allocation to StatesOf the amount allocated for all States under paragraph (1)(A), the Secretary shall—(A)allocate not less than 1 percent to each State described in subparagraphs (A) through (C) of subsection (b)(12);(B)allocate not less than 0.5 percent to each State described in subparagraph (D) of that subsection; and(C)of the amount remaining after the allocations under subparagraphs (A) and (B), allocate funds to States based on the population of each State as determined in the latest available decennial census conducted under section 141(a) of title 13, United States Code.(3)Allocation to Indian tribesOf the amount allocated for Indian tribes under paragraph (1)(B), the Secretary shall allocate funds to each Indian tribe participating in the program during that fiscal year based on a formula established by the Secretary that takes into account any factor that the Secretary determines to be appropriate.(4)Publication of allocation formulasNot later than 90 days before the beginning of each fiscal year for which grants are provided to States and Indian tribes under this section, the Secretary shall publish in the Federal Register the formulas for allocation established under this subsection.(5)Administrative costsOf the amount allocated to a State or Indian tribe under this subsection, not more than 15 percent shall be used by the State or Indian tribe for the administrative costs of administering loans.(e)Loans by States and Indian tribes to eligible entities(1)In generalUnder the program, a State or Indian tribe shall make loans to eligible entities to make loans to qualified consumers—(A)to implement cost-effective energy efficiency measures; and(B)in accordance with subsection (f).(2)State energy officesA State shall carry out paragraph (1) through the State energy office that is responsible for developing a State energy conservation plan under section 362.(3)PriorityIn making loans under paragraph (1), a State or Indian tribe shall give priority to public power groups.(4)Requirements(A)In generalSubject to subparagraph (C), as a condition of receiving a loan under this subsection, an eligible entity shall—(i)establish a list of energy efficiency measures that are expected to decrease the energy use or costs of qualified consumers;(ii)prepare an implementation plan for use of the loan funds, including the use of any interest to be received under subsection (f)(4);(iii)establish an appropriate measurement and verification system to ensure—(I)the effectiveness of the energy efficiency loans made by the eligible entity; and(II)that there is no conflict of interest in any loan provided by the eligible entity;(iv)demonstrate expertise in the effective implementation of energy efficiency measures;(v)ensure that a portion of the loan funds, which may be determined by the State or Indian tribe, are used to provide loans to qualified consumers that are households with a high energy burden; and(vi)give priority to providing loans to qualified consumers that own homes or other real property that pose health risks to the occupants of the property that may be mitigated by energy efficiency measures, as determined by the State or Indian tribe.(B)Revision of list of energy efficiency measuresSubject to the approval of the State or Indian tribe, as applicable, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies.(C)Existing energy efficiency programsAn eligible entity that has established an energy efficiency program for qualified consumers before the date of enactment of this section may use an existing list of energy efficiency measures, implementation plan, and measurement and verification system for that program to satisfy the applicable requirements under subparagraph (A), if the State or Indian tribe, as applicable, determines that the list, plan, or system, as applicable, is consistent with the purposes of this section.(5)No interestA loan under this subsection shall bear no interest.(6)TermThe term of a loan provided to an eligible entity under paragraph (1) shall not exceed 20 years after the date on which the loan is issued.(7)Advance(A)In generalIn providing a loan to an eligible entity under paragraph (1), a State or Indian tribe may provide an advance of loan funds on request of the eligible entity.(B)Amount limitationAny advance provided to an eligible entity under subparagraph (A) in any single year shall not exceed 50 percent of the approved loan amount.(C)RepaymentThe repayment of an advance under subparagraph (A) shall be amortized for a period of not more than 10 years.(8)Special advance for start-up activities(A)In generalIn providing a loan to an eligible entity under paragraph (1), a State or Indian tribe may provide a special advance on request of the eligible entity for assistance in defraying the start-up costs of the eligible entity, as determined by the State or Indian tribe, as applicable, of providing loans to qualified consumers under subsection (f).(B)LimitationA special advance shall be provided to an eligible entity under subparagraph (A) only during the 10-year period beginning on the date on which the loan is issued to that eligible entity.(C)AmountThe amount of a special advance provided under subparagraph (A) shall not be greater than 5 percent of the approved loan amount.(D)RepaymentRepayment of a special advance provided under subparagraph (A)—(i)shall be required during the 10-year period beginning on the date on which the special advance is made; and(ii)may be deferred to the end of the 10-year period described in clause (i) at the election of the eligible entity.(9)Revolving loan fund(A)In generalAs a condition of participating in the program, a State or Indian tribe shall use the funds repaid to the State or Indian tribe under loans offered under this subsection to issue new loans under this subsection.(B)Administrative costsNot more than 10 percent of the repaid funds described in subparagraph (A) may be used for the administrative cost of issuing new loans from those repaid funds under this subsection.(f)Loans by eligible entities to qualified consumers(1)Use of loan(A)In generalA loan made by an eligible entity to a qualified consumer using loan funds provided by a State or Indian tribe under subsection (e)—(i)shall be used to finance energy efficiency measures for the purpose of decreasing the energy use or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that the applicable loan term described in subparagraph (B) shall not be an undue financial burden on the qualified consumer, as determined by the eligible entity;(ii)shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property as a fixture;(iii)may be used to upgrade a manufactured home, regardless of the classification of the home as real or personal property; and(iv)may be used to finance the replacement of a manufactured home—(I)if the cost of upgrading the manufactured home is excessive, as determined by the eligible entity; and(II)with priority given to a manufactured home that was constructed before June 15, 1976.(B)Loan term describedThe loan term referred to in subparagraph (A)(i) is—(i)in the case of a manufactured home replacement, not more than 20 years; and(ii)in the case of any other energy efficiency measure, not more than 15 years.(2)Repayment(A)In generalSubject to subparagraph (B), a loan described in paragraph (1)(A) shall be repaid by the qualified consumer through charges added to an existing or new electric or recurring service bill for the property of the qualified consumer for, or at which, energy efficiency measures are being implemented.(B)Alternative repaymentRepayment under subparagraph (A) shall not preclude—(i)the voluntary prepayment of the loan by the qualified consumer; or(ii)the use of any additional repayment mechanism, including a tariffed on-bill mechanism, that—(I)has appropriate risk mitigation features, as determined by the eligible entity; or(II)is required due to the qualified consumer no longer being a customer of the eligible entity.(3)Energy assessment(A)In generalPrior to the installation of energy efficiency measures at the property of a qualified consumer that receives a loan from an eligible entity under this section, and to assist in the selection of the energy efficiency measures to be installed, the eligible entity shall conduct an energy assessment or audit to determine the impact of proposed energy efficiency measures on—(i)the energy costs and consumption of the qualified consumer; and(ii)the health and safety of the occupants of the property on which the energy efficiency measures are to be installed.(B)Field or online assessmentAn energy assessment or audit under subparagraph (A) may be conducted in the field or online, as determined by the State or Indian tribe that has issued a loan to the eligible entity under subsection (e).(4)InterestA loan described in paragraph (1)(A) may bear interest, not to exceed 5 percent, which may be used—(A)to establish a loan loss reserve for the eligible entity;(B)to offset the personnel and program costs of the eligible entity in providing the loan; and(C)for any other related purpose, as determined by the eligible entity, in consultation with the State or Indian tribe that has issued a loan to the eligible entity under subsection (e).(5)Outside contractsAn eligible entity may enter into 1 or more contracts with 1 or more qualified entities, as determined by the State or Indian tribe that has issued a loan to the eligible entity under subsection (e)—(A)to assist the eligible entity in administering the loans described in paragraph (1)(A); and(B)to carry out any of the requirements of the eligible entity described in subsection (e)(4)(A).(g)Direct loans from States and Indian tribesA State or Indian tribe may act as an eligible entity under subsection (f) to provide loans directly to qualified consumers—(1)in accordance with that subsection; and(2)if the State or Indian tribe satisfies the requirements under subsection (e)(4), as determined by the Secretary.(h)Program administration(1)PlanNot later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan—(A)to measure and verify the success of the program in implementing energy efficiency measures;(B)provide training to the employees of eligible entities relating to carrying out the requirements of eligible entities under this section; and(C)provide technical assistance to States, Indian tribes, and eligible entities relating to carrying out the requirements of this section.(2)Public awarenessNot later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan to make eligible entities and the general public aware of the program, including by developing a marketing program to raise awareness of the program.(3)Outside contracts(A)In generalThe Secretary may enter into 1 or more contracts with 1 or more qualified entities, as determined by the Secretary, to carry out paragraphs (1) and (2).(B)Use of subcontractors authorizedA qualified entity that enters into a contract with the Secretary under subparagraph (A) may use 1 or more subcontractors to assist the qualified entity in carrying out the contract.(4)AccountingThe Secretary, and each State and Indian tribe participating in the program, shall take appropriate steps to streamline the accounting requirements for eligible entities under the program while maintaining adequate assurances of the repayment of the loans made to those eligible entities under the program.(i)Effect on authorityNothing in this section shall impede, impair, or modify the authority of the Secretary to offer loans or grants under any other law.(j)Report(1)In generalNot later than 15 months after the date on which the program is established, and 90 days after the end of each fiscal year for each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress and make publicly available a report that describes, with respect to the program—(A)the number of applications received by each State and Indian tribe from eligible entities for that fiscal year;(B)the number of loans made by each State and Indian tribe for that fiscal year—(i)to eligible entities; and(ii)directly to qualified consumers;(C)the eligible entities that are the recipients of the loans described in subparagraph (B)(i); and(D)the manner in which the program was advertised to eligible entities and the general public.(2)ConsultationThe Secretary shall consult with and obtain information from States and Indian tribes in preparing the report submitted under paragraph (1).(k)Authorization of appropriations(1)In generalThere is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2023 through 2028.(2)Supplement not supplantThe funding provided to a State or Indian tribe under subsection (d) for each fiscal year shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to that State or Indian tribe under—(A)a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or(B)the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.)..(b)State energy conservation plansSection 362(d)(5) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(5)) is amended—(1)in subparagraph (A), by striking or at the end;(2)in subparagraph (B), by inserting or after the semicolon; and(3)by adding at the end the following:(C)which may include the community energy savings program under section 362A;.(c)Technical amendmentThe table of contents for the Energy Policy and Conservation Act (Public Law 94–163; 89 Stat. 872) is amended by inserting after the item relating to section 362 the following:Sec. 362A. Community energy savings program..


114 S2647 IS: Behavioral Health Coverage Transparency Act of 2016
U.S. Senate
2016-03-07
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. 2647
		IN THE SENATE OF THE UNITED STATES

			March 7, 2016
			Ms. Warren (for herself, Mr. Brown, Mr. Franken, Mr. Blumenthal, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To strengthen parity in mental health and substance use disorder benefits.

 1.Short titleThis Act may be cited as the Behavioral Health Coverage Transparency Act of 2016. 2.Strengthening parity in mental health and substance use disorder benefits (a)Public Health Service ActSection 2726 of the Public Health Service Act (42 U.S.C. 300gg–26) is amended—
 (1)in subsection (a), by adding at the end the following:  (6)Disclosure and enforcement requirements (A)Disclosure requirements (i)RegulationsNot later than September 30, 2016, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, as appropriate, shall issue additional regulations for carrying out this section, including an explanation of documents that must be disclosed by group health plans or health insurance issuers offering group or individual health insurance coverage, the process governing the disclosure of such documents, and analyses that must be conducted by such plans and issuers to comply with this section.
 (ii)RequirementsA group health plan or a health insurance issuer offering group or individual health insurance coverage shall disclose to the Secretary in a standardized format documents that include—
 (I)the specific analyses performed to ensure compliance with this section and any regulations promulgated pursuant to this section;
 (II)a description of the application of non-quantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits offered by such plan or issuer, including—
 (aa)the specific factors the plan or issuer used in performing its NQTLs analysis; (bb)the specific evidentiary standards relied on to evaluate such factors;
 (cc)how the evidentiary standards are applied to each service category for mental health, substance use disorders, medical benefits, and surgical benefits;
 (dd)a disclosure of the results of the analyses of the specific evidentiary standards in each service category; and
 (ee)a disclosure of the specific findings of such plan or issuer in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying NQTLs with respect to medical and surgical benefits in the same classification; and
 (III)the rates of and reasons for denial by the plan or issuer for outpatient and inpatient mental health and substance use disorder services compared to the rates of and reasons for denial of claims for medical and surgical services.
 (iii)GuidanceThe Secretary, in cooperation with the Secretaries of Labor and the Treasury, as appropriate, shall issue guidance to group health plans or health insurance issuers offering group or individual health insurance coverage on how to satisfy the requirements of this section with respect to making information available to current and potential participants and beneficiaries. Such information shall include certificate of coverage documents and instruments under which the plan or coverage involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant or beneficiary’s benefit under the plan or coverage, regardless of whether such information is contained in a document designated as the plan document. Such guidance shall include a disclosure of how the plan or coverage involved has demonstrated that processes, strategies, evidentiary standards, and other factors used in applying NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying NQTLs with respect to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph, the terms non-quantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in parts 146 and 147 of title 45, Code of Federal Regulations (or any successor regulation).
								(B)Enforcement
 (i)Process for complaintsThe Secretary, in cooperation with the Secretaries of Labor and the Treasury, as appropriate, shall issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) of group health plans or health insurance issuers offering group or individual health insurance coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices, including the consumer parity unit established under paragraph (7), with which such complaints should be filed.
 (ii)Authority for public enforcementThe Secretary, in consultation with the Secretaries of Labor and the Treasury, shall make available to the public on the website of the consumer parity unit established under paragraph (7) information on audits and investigations of group health plans and health insurance issuers conducted under this section. Such information shall not contain any personally identifiable information.
								(iii)Audits
 (I)Randomized auditsThe Secretary, in cooperation with the Secretaries of Labor and the Treasury, may conduct randomized audits of group health plans or health insurance issuers offering group or individual health insurance coverage to determine compliance with this section. Such audits shall be conducted on not fewer than 12 plans and issuers per plan year. Information from such audits shall be made plainly available on the website of the consumer parity unit established under paragraph (7).
 (II)Additional auditsIn the case of a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to which any claim has been filed during a plan year, the Secretary may audit the books and records of such plan or issuer to determine compliance with this section. Information detailing the results of the audit shall be made available on the website of the consumer parity unit established under paragraph (7).
									(7)Consumer parity unit
 (A)In generalThe Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall establish a consumer parity unit (referred to in this paragraph as the unit) with functions that include—
 (i)developing and administering a single, toll-free telephone number, an Internet website, and a database, or using an existing database, to facilitate the centralized collection of, monitoring of, and response to consumer complaints or inquiries regarding violations of this section, section 712 of the Employee Retirement Income Security Act of 1974 or section 9812(a)(6) of the Internal Revenue Code of 1986; and
 (ii)providing information to health care consumers that is submitted to the Secretary, the Secretary of Labor, and the Secretary of the Treasury under paragraph (6), section 712(a)(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)(6)), or section 9812(a)(6) of the Internal Revenue Code of 1986, respectively.
								(B)Response to consumer complaints and inquiries
 (i)Timely response to consumersThe Secretary of Health and Human Services, in cooperation with the Secretaries of Labor and the Treasury, shall establish reasonable procedures to provide a timely response (in writing if appropriate) to consumers regarding complaints received by the unit against, or inquiries concerning, a group health plan or health insurance issuer offering group or individual health insurance coverage, including—
 (I)steps that have been taken by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer;
 (II)any responses received by the appropriate State or Federal enforcement agency from the group health plan or health insurance issuer offering group or individual health insurance coverage;
 (III)any follow-up actions or planned follow-up actions by the appropriate regulator in response to the complaint or inquiry of the consumer; and
 (IV)contact information of the appropriate enforcement agency for the consumer to follow up on the complaint or inquiry.
 (ii)Timely response to regulatorsA group health plan or health insurance issuer offering group or individual health insurance coverage shall provide a timely response (in writing if appropriate) to the appropriate State or Federal enforcement agency having jurisdiction over such plan or issuer concerning a consumer complaint or inquiry submitted to the unit including—
 (I)steps that have been taken by the plan or issuer to respond to the complaint or inquiry of the consumer;
 (II)any responses received by the plan or issuer from the consumer; and (III)follow-up actions or planned follow-up actions by the plan or issuer in response to the complaint or inquiry of the consumer.; and
 (2)by adding at the end the following:  (f)Annual reports (1)Provision of information by StatesNot later than December 31, 2017, and annually thereafter, each State health insurance commissioner shall submit to the Secretary a report on compliance with this section of group health plans or health insurance issuers offering group or individual health insurance coverage in such State.
 (2)Requirement of comparisonTo ensure that group health plans or health insurance issuers offering group or individual health insurance coverage provide comparable coverage for mental health and substance use disorder benefits in accordance with this section, as part of the report submitted under paragraph (1), a State health insurance commissioner shall compare the financial requirements and treatment limitations imposed by such issuers and plans for mental health and substance use disorder services and those requirements and limitations imposed by such issuers and plans on medical and surgical benefits.
 (3)Contents of reportsThe reports submitted under paragraph (1) shall be made publicly available on the website of the consumer parity unit established under subsection (a)(7) and include the following information, broken down for each group health plan or health insurance issuer offering group or individual health insurance coverage:
 (A)The mental health and substance use disorder benefits provided by the plan or issuer. (B)New mental health or substance use disorder treatments that have been approved for coverage.
 (C)Standards for admission to plan provider networks, including reimbursement rates, and an accurate, up-to-date provider network listing, including information on which providers are accepting new patients.
 (D)Non-quantitative treatment limitations on coverage, including— (i)medical management standards limiting or excluding benefits based on medical necessity or medical appropriateness, or based on whether a treatment is experimental or investigative;
 (ii)formulary design for prescription drugs; (iii)plan methods used to determine usual, customary, and reasonable fee charges;
 (iv)refusal to pay for higher-cost therapies until it can be shown that a lower-cost therapy is not effective (also known as fail-first policies or step therapy protocols);
 (v)exclusions based on failure to complete a course of treatment; and (vi)restrictions based on geographic location, facility type, provider specialty, and other criteria that might otherwise limit the scope or duration of benefits.
 (E)Information needed to calculate out-of-pocket costs.. (b)Employee Retirement Income Security Act of 1974Section 712(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by adding at the end the following:

					(6)Disclosure and enforcement requirements
						(A)Disclosure requirements
 (i)RegulationsNot later than June 30, 2016, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as appropriate, shall issue additional regulations for carrying out this section, including an explanation of documents that must be disclosed by group health plans (or health insurance coverage offered in connection with such plans), the process governing the disclosure of such documents, and analyses that must be conducted by such plans or coverage to comply with this section.
 (ii)RequirementsA group health plan (or health insurance coverage offered in connection with such a plan) shall disclose to the Secretary in a standardized format documents that include—
 (I)the specific analyses performed to ensure compliance with this section and any regulations promulgated pursuant to this section;
 (II)a description of the application of non-quantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits under such plan or coverage, including—
 (aa)the specific factors the plan or coverage used in performing its NQTLs analysis; (bb)the specific evidentiary standards relied on to evaluate such factors;
 (cc)how the evidentiary standards are applied to each service category for mental health, substance use disorders, medical benefits, and surgical benefits;
 (dd)a disclosure of the results of the analyses of the specific evidentiary standards in each service category; and
 (ee)a disclosure of the specific findings of such plan or coverage in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying NQTLs with respect to medical and surgical benefits in the same classification; and
 (III)the rates of and reasons for denial by the plan or coverage for outpatient and inpatient mental health and substance use disorder services compared to the rates of and reasons for denial of claims for medical and surgical services.
 (iii)GuidanceThe Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as appropriate, shall issue guidance to group health plans (and health insurance coverage offered in connection with such plans) on how to satisfy the requirements of this section with respect to making information available to current and potential participants and beneficiaries. Such information shall include certificate of coverage documents and instruments under which the plan or coverage involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant or beneficiary’s benefit under the plan or coverage, regardless of whether such information is contained in a document designated as the plan document. Such guidance shall include a disclosure of how the plan or coverage involved has provided that processes, strategies, evidentiary standards, and other factors used in applying the NQTL to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying the limitation with respect to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph, the terms non-quantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in parts 146 and 147 of title 45, Code of Federal Regulations (or any successor regulation).
							(B)Enforcement
 (i)Process for complaintsThe Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as appropriate, shall issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) of group health plans (or health insurance coverage offered in connection with such a plan) to file formal complaints of such plans or coverage being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed.
 (ii)Authority for public enforcementThe Secretary, in consultation with the Secretaries of Labor and the Treasury, shall make available to the public on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act information on audits and investigations of group health plans (and health insurance coverage offered in connection with such plans) conducted under this section. Such information shall not contain any personally identifiable information.
							(iii)Audits
 (I)Randomized auditsThe Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, may conduct randomized audits of group health plans (and health insurance coverage offered in connection with such plans) to determine compliance with this section. Such audits shall be conducted on not fewer than 12 plans and coverages per plan year. Information from such audits shall be made plainly available on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act.
 (II)Additional auditsIn the case of a group health plan (and health insurance coverage offered in connection with such a plan) with respect to which any claim has been filed during a plan year, the Secretary may audit the books and records of such plan or coverage to determine compliance with this section. Information detailing the results of the audit shall be made available on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act.
								.
 (c)Internal Revenue Code of 1986Section 9812(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following:  (6)Disclosure and enforcement requirements (A)Disclosure requirements (i)RegulationsNot later than June 30, 2016, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as appropriate, shall issue additional regulations for carrying out this section, including an explanation of documents that must be disclosed by group health plans, the process governing the disclosure of such documents, and analyses that must be conducted by such plans to comply with this section.
 (ii)RequirementsA group health plan shall disclose to the Secretary in a standardized format documents that include—
 (I)the specific analyses performed to ensure compliance with this section and any regulations promulgated pursuant to this section;
 (II)a description of the application of non-quantitative treatment limitations (in this paragraph referred to as NQTLs) to benefits under such group health plan, including—
 (aa)the specific factors the plan used in performing its NQTLs analysis; (bb)the specific evidentiary standards relied on to evaluate such factors;
 (cc)how the evidentiary standards are applied to each service category for mental health, substance use disorders, medical benefits, and surgical benefits;
 (dd)a disclosure of the results of the analyses of the specific evidentiary standards in each service category; and
 (ee)a disclosure of the specific findings of such plan in each service category and the conclusions reached with respect to whether the processes, strategies, evidentiary standards, or other factors used in applying NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying NQTLs with respect to medical and surgical benefits in the same classification; and
 (III)the rates of and reasons for denial by the plan for outpatient and inpatient mental health and substance use disorder services compared to the rates of and reasons for denial of claims for medical and surgical services.
 (iii)GuidanceThe Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as appropriate, shall issue guidance to group health plans on how to satisfy the requirements of this section with respect to making information available to current and potential participants and beneficiaries. Such information shall include certificate of coverage documents and instruments under which the plan involved is administered and operated that specify, include, or refer to procedures, formulas, and methodologies applied to determine a participant or beneficiary’s benefit under the plan, regardless of whether such information is contained in a document designated as the plan document. Such guidance shall include a disclosure of how the plan involved has demonstrated that processes, strategies, evidentiary standards, and other factors used in applying NQTLs to mental health or substance use disorder benefits are comparable to, and applied no more stringently than, the processes, strategies, evidentiary standards, or other factors used in applying NQTLs with respect to medical and surgical benefits in the same classification.
 (iv)DefinitionsIn this paragraph, the terms non-quantitative treatment limitations, comparable to, and applied no more stringently than have the meanings given such terms in parts 146 and 147 of title 45, Code of Federal Regulations (or any successor regulation).
							(B)Enforcement
 (i)Process for complaintsThe Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as appropriate, shall, with respect to group health plans, issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans to file formal complaints of such plans being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed.
 (ii)Authority for public enforcementThe Secretary, in consultation with the Secretaries of Labor and the Treasury, shall make available to the public on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act information on audits and investigations of group health plans conducted under this section. Such information shall not contain any personally identifiable information.
							(iii)Audits
 (I)Randomized auditsThe Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, is authorized to conduct randomized audits of group health plans to determine compliance with this section. Such audits shall be conducted on not fewer than 12 plans per plan year. Information from such audits shall be made plainly available on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act.
 (II)Additional auditsIn the case of a group health plan with respect to which any claim has been filed during a plan year, the Secretary may audit the books and records of such plan to determine compliance with this section. Information detailing the results of the audit shall be made available on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act.
								.
 (d)GAO Study on Mental Health and Substance Use Parity Enforcement EffortsNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury, shall submit to Congress, and make plainly available on the website of the consumer parity unit established under section 2726(a)(7) of the Public Health Service Act (42 U.S.C. 300gg–26(a)(7)), as added by subsection (a), a report detailing the enforcement efforts of the responsible departments and agencies in implementing sections 2726 of the Public Health Service Act, 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), and 9812 of the Internal Revenue Code of 1986, including—
 (1)the number of investigations and audits that have been conducted into potential parity violations; (2)the number of enforcement actions carried out as a result of any such investigation or audit; and
 (3)details on any such investigation, audit, or enforcement action that do not contain any personally identifiable information.
 (e)Authorization of appropriationsThere is authorized to be appropriated $2,000,000 for each of fiscal years 2016 through 2020 to carry out this section, including the amendments made by this section.


114 HR 410 IH: Pause for Safety Act of 2015
U.S. House of Representatives
2015-01-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 410
IN THE HOUSE OF REPRESENTATIVES

January 20, 2015
Mrs. Capps (for herself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide family members and close associates of an individual who they fear is a danger to himself, herself, or others new tools to prevent gun violence.

1.Short titleThis Act may be cited as the Pause for Safety Act of 2015. 2.DefinitionsIn this Act—
(1)the term close associate means, with respect to an individual— (A)a dating partner, friend, co-worker, or neighbor of the individual; or
(B)any other person who has a relationship with the individual so as to be concerned about the safety and well-being of the individual, as determined by a State; (2)the term family member means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual;
(3)the term firearm has the meaning given the term in section 921 of title 18, United States Code; (4)the term gun violence prevention order means a written order, issued by a State court or signed by a magistrate (or other comparable judicial officer), prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving any firearms;
(5)the term gun violence prevention warrant means a written order, issued by a State court or signed by a magistrate (or other comparable judicial officer), regarding an individual who is subject to a gun violence prevention order and who is known to own or possess 1 or more firearms, that directs a law enforcement officer to temporarily seize and retain any firearm in the possession of the individual; (6)the term law enforcement officer means a public servant authorized by State law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; and
(7)the term wellness check means a visit conducted by a law enforcement officer to the residence of an individual for the purpose of assessing whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition. 3.National gun violence prevention order and warrant law (a)Enactment of gun violence prevention order lawIn order to receive a grant under section 4, on the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that—
(1)authorizes a gun violence prevention order and gun violence prevention warrant in accordance with subsection (b); and (2)requires each law enforcement agency of the State to comply with subsection (c).
(b)Requirements for gun violence prevention orders and warrantsLegislation required under subsection (a) shall be subject to the following requirements: (1)Application for gun violence prevention orderA family member or close associate of an individual may submit an application to a State court, on a form designed by the court, that—
(A)describes the facts and circumstances necessitating that a gun violence prevention order be issued against the named individual; (B)is signed by the applicant, under oath; and
(C)includes any additional information required by the State court or magistrate (or other comparable judicial officer) to demonstrate that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (2)Examination of applicant and witnessesA State court or magistrate (or other comparable judicial officer) may, before issuing a gun violence prevention order—
(A)examine under oath, the individual who applied for the order under paragraph (1) and any witnesses the individual produces; and (B) (i)require that the individual or any witness submit a signed affidavit, which describes the facts the applicant or witness believes establish the grounds of the application; or
(ii)take an oral statement from the individual or witness under oath. (3)Standard for issuance of order (A)In generalA State court or magistrate (or other comparable judicial officer) may issue a gun violence prevention order only upon a finding of probable cause that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others.
(B)Notification
(i)In generalThe court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii)Update of databasesAs soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect the prohibitions articulated in the gun violence prevention order.
(4)Issuance of gun violence prevention warrant
(A)In generalAfter issuing a gun violence prevention order, a State court or magistrate (or other comparable judicial officer) shall, upon a finding of probable cause to believe that the named individual subject to the order has a firearm in his custody or control, issue a gun violence prevention warrant ordering the temporary seizure of all firearms specified in the warrant. (B)RequirementSubject to paragraph (6), a gun violence prevention warrant issued under subparagraph (A) shall require that any firearm described in the warrant be taken from any place, or from any individual in whose possession, the firearm may be.
(5)Service of gun violence prevention orderWhen serving a gun violence prevention order, a law enforcement officer shall provide the individual with a form to request a hearing in accordance with paragraph (6)(F). (6)Temporary seizure of firearms (A)In generalWhen a law enforcement officer takes property under a gun violence prevention warrant, the law enforcement officer shall give a receipt for the property taken, specifying the property in detail, to the individual from whom it was taken. In the absence of a person, the law enforcement officer shall leave the receipt in the place where the law enforcement officer found the property.
(B)Temporary custody of seized firearmsAll firearms seized pursuant to a gun violence prevention warrant shall be retained by the law enforcement officer or the law enforcement agency in custody, subject to the order of the court that issued the warrant or to any other court in which an offense with respect to the firearm is triable. (C)Limitation on seizure of firearmsIf the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant, and it is determined that the firearm is owned by an individual other than the individual named in the gun violence prevention warrant, the firearm may not be seized if—
(i)the firearm is stored in a manner that the individual named in the gun violence prevention warrant does not have access to or control of the firearm; and (ii)there is no evidence of unlawful possession of the firearm by the owner.
(D)Gun safeIf the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a gun safe is located, and it is determined that the gun safe is owned by an individual other than the individual named in the gun violence prevention warrant, the contents of the gun safe shall not be searched except in the owner’s presence, or with the owner's consent, or unless a valid search warrant has been obtained. (E)Return of firearm to rightful ownerIf any individual who is not a named individual in a gun violence prevention warrant claims title to a firearm seized pursuant to a gun violence prevention warrant, the firearm shall be returned to the lawful owner not later than 30 days after the date on which the title is claimed.
(F)Right to request a hearingA named individual may submit 1 written request at any time during the effective period of a gun violence prevention order issued against the individual for a hearing for an order allowing the individual to own, possess, purchase, or receive a firearm. (7)Hearing on gun violence prevention order and gun violence prevention warrant (A)In generalExcept as provided in subparagraph (E), not later than 14 days after the date on which a gun violence prevention order and, when applicable, a gun violence prevention warrant, is issued, the court that issued the order and, when applicable, the warrant, or another court in that same jurisdiction, shall hold a hearing to determine whether the individual who is the subject of the order may have under the custody or control of the individual, own, purchase, possess, or receive firearms and, when applicable, whether any seized firearms should be returned to the individual named in the warrant.
(B)NoticeThe individual named in a gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C)Burden of proof (i)In generalExcept as provided in clause (ii), at any hearing conducted under subparagraph (A), the State or petitioner shall have the burden of establishing probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm.
(ii)Higher burden of proofA State may establish a burden of proof for hearings conducted under subparagraph (A) that is higher than the burden of proof required under clause (i). (D)Requirements upon finding of significant riskIf the named individual is found at the hearing to pose a significant risk of personal injury to the named individual or others by owning or possessing a firearm, the following shall apply:
(i)The firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed 1 year. (ii)The named individual shall be prohibited from owning or possessing, purchasing or receiving, or attempting to purchase or receive a firearm for a period not to exceed 1 year, a violation of which shall be considered a misdemeanor offense.
(iii)The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (iv)As soon as practicable after receiving a notification under clause (iii), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect—
(I)the prohibitions articulated in the gun violence prevention order; or (II)an order issued to restore an individual's right to own or possess a firearm.
(E)Return of firearmsIf the court finds that the State has not met the required standard of proof, any firearm seized pursuant to the warrant shall be returned to the named individual not later than 30 days after the hearing. (F)Limitation on hearing requirementIf an individual named in a gun violence prevention warrant is prohibited from owning or possessing a firearm for a period of 1 year or more by another provision of State or Federal law, a hearing pursuant to subparagraph (A) is not required and the court shall issue an order to hold the firearm until either the individual is no longer prohibited from owning a firearm or the individual sells or transfers ownership of the firearm to a licensed firearm dealer.
(8)Renewing gun violence prevention order and gun violence prevention warrant
(A)In generalExcept as provided in subparagraph (E), if a law enforcement agency has probable cause to believe that an individual who is subject to a gun violence prevention order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm, the agency may initiate a request for a renewal of the order, on a form designed by the court, describing the facts and circumstances necessitating the request. (B)NoticeThe individual named in the gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter.
(C)HearingAfter notice is given under subparagraph (B), a hearing shall be held to determine if a request for renewal of the order shall be issued. (D)Issuance of renewalExcept as provided in subparagraph (E), a State court may issue a renewal of a gun violence prevention order if there is probable cause to believe that the individual who is subject to the order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm.
(E)Higher burden of proofA State may establish a burden of proof for initiating a request for or issuing a renewal of a gun violence prevention order that is higher than the burden of proof required under subparagraph (A) or (D). (F)Notification (i)In generalThe court shall notify the Department of Justice and comparable State agency of a renewal of the gun violence prevention order not later than 2 court days after renewing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency.
(ii)Update of databasesAs soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I)the prohibitions articulated in the renewal of the gun violence prevention order; or
(II)an order issued to restore an individual's right to own or possess a firearm. (c)Law enforcement check of State firearm databaseEach law enforcement agency of the State shall establish a procedure that requires a law enforcement officer to, in conjunction with performing a wellness check on an individual, check whether the individual is listed on any of the firearm and ammunition databases of the State or jurisdiction in which the individual resides.
(d)Confidentiality protectionsAll information provided to the Department of Justice and comparable State agency pursuant to legislation required under subsection (a) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice and comparable State agency. 4.Pause for Safety grant program (a)In generalThe Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to an eligible State to assist the State in carrying out the provisions of the State legislation described in section 3.
(b)Eligible StateA State shall be eligible to receive grants under this section on and after the date on which— (1)the State enacts legislation described in section 3; and
(2)the Attorney General determines that the legislation of the State described in paragraph (1) complies with the requirements of section 3. (c)Use of fundsFunds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the provisions of the State legislation described in section 3.
(d)ApplicationAn eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (e)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.
5.Federal firearms prohibitionSection 922 of title 18, United States Code, is amended— (1)in subsection (d)—
(A)in paragraph (8)(B)(ii), by striking or at the end; (B)in paragraph (9), by striking the period at the end and inserting ; or; and
(C)by inserting after paragraph (9) the following:  (10)is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms.; and
(2)in subsection (g)— (A)in paragraph (8)(C)(ii), by striking or at the end;
(B)in paragraph (9), by striking the comma at the end and inserting ; or; and (C)by inserting after paragraph (9) the following:

(10)who is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms,. 6.Full faith and creditAny gun violence prevention order issued under a State law enacted in accordance with this Act shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of such State from which they are issued.
7.SeverabilityIf any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.