114 HR 5273 : Helping Hospitals Improve Patient Care Act of 2016
U.S. House of Representatives
2016-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		2d Session
		H. R. 5273
		IN THE SENATE OF THE UNITED STATES
		June 8, 2016Received; read twice and referred to the Committee on FinanceAN ACT
		To amend title XVIII of the Social Security Act to provide for regulatory relief under the Medicare
			 program for certain providers of services and suppliers and increased
			 transparency in hospital coding and enrollment data, and for other
			 purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Helping Hospitals Improve Patient Care Act of 2016. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Provisions Relating to Medicare Part A
					Sec. 101. Development of Medicare study for HCPCS version of MS–DRG codes for similar hospital
			 services.
					Sec. 102. Establishing beneficiary equity in the Medicare hospital readmission program.
					Sec. 103. Five-year extension of the rural community hospital demonstration program.
					Sec. 104. Regulatory relief for LTCHs.
					Sec. 105. Savings from IPPS MACRA pay-for through not applying documentation and coding
			 adjustments.
					Title II—Provisions Relating to Medicare Part B
					Sec. 201. Continuing Medicare payment under HOPD prospective payment system for services furnished
			 by mid-build off-campus outpatient departments of providers.
					Sec. 202. Treatment of cancer hospitals in off-campus outpatient department of a provider policy.
					Sec. 203. Treatment of eligible professionals in ambulatory surgical centers for meaningful use and
			 MIPS.
					Title III—Other Medicare Provisions
					Sec. 301. Delay in authority to terminate contracts for Medicare Advantage plans failing to achieve
			 minimum quality ratings.
					Sec. 302. Requirement for enrollment data reporting for Medicare.
					Sec. 303. Updating the Welcome to Medicare package.
			IProvisions Relating to Medicare Part A
 101.Development of Medicare study for HCPCS version of MS–DRG codes for similar hospital servicesSection 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection:

					(t)Relating similar inpatient and outpatient hospital services
						(1)Development of HCPCS version of MS–DRG codes
 (A)In generalNot later than January 1, 2018, the Secretary shall develop HCPCS versions for MS–DRGs that is similar to the ICD–10–PCS for such MS–DRGs such that, to the extent possible, the MS–DRG assignment shall be similar for a claim coded with the HCPCS version as an identical claim coded with a ICD–10–PCS code.
 (B)Coverage of surgical MS–DRGsIn carrying out subparagraph (A), the Secretary shall develop HCPCS versions of MS–DRG codes for not fewer than 10 surgical MS–DRGs.
							(C)Publication and dissemination of the HCPCS versions of MS–DRGs
 (i)In generalThe Secretary shall develop a HCPCS MS–DRG definitions manual and software that is similar to the definitions manual and software for ICD–10–PCS codes for such MS–DRGs. The Secretary shall post the HCPCS MS–DRG definitions manual and software on the Internet website of the Centers for Medicare & Medicaid Services. The HCPCS MS–DRG definitions manual and software shall be in the public domain and available for use and redistribution without charge.
 (ii)Use of previous analysis done by MedPACIn developing the HCPCS MS–DRG definitions manual and software under clause (i), the Secretary shall consult with the Medicare Payment Advisory Commission and shall consider the analysis done by such Commission in translating outpatient surgical claims into inpatient surgical MS–DRGs in preparing chapter 7 (relating to hospital short-stay policy issues) of its Medicare and the Health Care Delivery System report submitted to Congress in June 2015.
 (D)Definition and referenceIn this paragraph: (i)HCPCSThe term HCPCS means, with respect to hospital items and services, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such items and services.
 (ii)ICD–10–PCSThe term ICD–10–PCS means the International Classification of Diseases, 10th Revision, Procedure Coding System, and includes a subsequent revision of such International Classification of Diseases, Procedure Coding System..
			102.Establishing beneficiary equity in the Medicare hospital readmission program
 (a)Transitional adjustment for dual eligible populationSection 1886(q)(3) of the Social Security Act (42 U.S.C. 1395ww(q)(3)) is amended— (1)in subparagraph (A), by inserting subject to subparagraph (D), after purposes of paragraph (1),; and
 (2)by adding at the end the following new subparagraph:  (D)Transitional adjustment for dual eligibles (i)In generalIn determining a hospital’s adjustment factor under this paragraph for purposes of making payments for discharges occurring during and after fiscal year 2019, and before the application of clause (i) of subparagraph (E), the Secretary shall assign hospitals to groups (as defined by the Secretary under clause (ii)) and apply the applicable provisions of this subsection using a methodology in a manner that allows for separate comparison of hospitals within each such group, as determined by the Secretary.
 (ii)Defining groupsFor purposes of this subparagraph, the Secretary shall define groups of hospitals based on their overall proportion, of the inpatients who are entitled to, or enrolled for, benefits under part A, who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)). In defining groups, the Secretary shall consult the Medicare Payment Advisory Commission and may consider the analysis done by such Commission in preparing the portion of its report submitted to Congress in June 2013 relating to readmissions.
 (iii)Minimizing reporting burden on hospitalsIn carrying out this subparagraph, the Secretary shall not impose any additional reporting requirements on hospitals.
 (iv)Budget neutral design methodologyThe Secretary shall design the methodology to implement this subparagraph so that the estimated total amount of reductions in payments under this subsection equals the estimated total amount of reductions in payments that would otherwise occur under this subsection if this subparagraph did not apply..
 (b)Subsequent adjustments based on IMPACT reportsSection 1886(q)(3) of the Social Security Act (42 U.S.C. 1395ww(q)(3)), as amended by subsection (a), is further amended by adding at the end the following new subparagraph:

						(E)Changes in risk adjustment
 (i)Consideration of recommendations in IMPACT reportsThe Secretary may take into account the studies conducted and the recommendations made by the Secretary under section 2(d)(1) of the IMPACT Act of 2014 (Public Law 113–185; 42 U.S.C. 1395lll note) with respect to the application under this subsection of risk adjustment methodologies. Nothing in this clause shall be construed as precluding consideration of the use of groupings of hospitals..
 (c)MedPAC study on readmissions programThe Medicare Payment Advisory Commission shall conduct a study to review overall hospital readmissions described in section 1886(q)(5)(E) of the Social Security Act (42 U.S.C. 1395ww(q)(5)(E)) and whether such readmissions are related to any changes in outpatient and emergency services furnished. The Commission shall submit to Congress a report on such study in its report to Congress in June 2017.
 (d)Addressing issue of certain patientsSubparagraph (E) of section 1886(q)(3) of the Social Security Act (42 U.S.C. 1395ww(q)(3)), as added by subsection (b), is further amended by adding at the end the following new clause:

 (ii)Consideration of exclusion of patient cases based on V or other appropriate codesIn promulgating regulations to carry out this subsection with respect to discharges occurring after fiscal year 2018, the Secretary may consider the use of V or other ICD-related codes for removal of a readmission. The Secretary may consider modifying measures under this subsection to incorporate V or other ICD-related codes at the same time as other changes are being made under this subparagraph..
 (e)Removal of certain readmissionsSubparagraph (E) of section 1886(q)(3) of the Social Security Act (42 U.S.C. 1395ww(q)(3)), as added by subsection (b) and amended by subsection (d), is further amended by adding at the end the following new clause:

 (iii)Removal of certain readmissionsIn promulgating regulations to carry out this subsection, with respect to discharges occurring after fiscal year 2018, the Secretary may consider removal as a readmission of an admission that is classified within one or more of the following: transplants, end-stage renal disease, burns, trauma, psychosis, or substance abuse. The Secretary may consider modifying measures under this subsection to remove readmissions at the same time as other changes are being made under this subparagraph..
				103.Five-year extension of the rural community hospital demonstration program
 (a)ExtensionSection 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 42 U.S.C. 1395ww note), as amended by sections 3123 and 10313 of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended—
 (1)in subsection (a)(5), by striking 5-year extension period and inserting 10-year extension period; and (2)in subsection (g)—
 (A)in the subsection heading, by striking Five-Year and inserting Ten-Year; (B)in paragraph (1), by striking additional 5-year and inserting additional 10-year;
 (C)by striking 5-year extension period and inserting 10-year extension period each place it appears; (D)in paragraph (4)(B)—
 (i)in the matter preceding clause (i), by inserting each 5-year period in after hospital during; and (ii)in clause (i), by inserting each applicable 5-year period in after the first day of; and
 (E)by adding at the end the following new paragraphs:  (5)Other hospitals in demonstration programDuring the second 5 years of the 10-year extension period, the Secretary shall apply the provisions of paragraph (4) to rural community hospitals that are not described in paragraph (4) but are participating in the demonstration program under this section as of December 30, 2014, in a similar manner as such provisions apply to rural community hospitals described in paragraph (4).
								(6)Expansion of demonstration program to rural areas in any State
 (A)In generalThe Secretary shall, notwithstanding subsection (a)(2) or paragraph (2) of this subsection, not later than 120 days after the date of the enactment of this paragraph, issue a solicitation for applications to select up to the maximum number of additional rural community hospitals located in any State to participate in the demonstration program under this section for the second 5 years of the 10-year extension period without exceeding the limitation under paragraph (3) of this subsection.
 (B)PriorityIn determining which rural community hospitals that submitted an application pursuant to the solicitation under subparagraph (A) to select for participation in the demonstration program, the Secretary—
 (i)shall give priority to rural community hospitals located in one of the 20 States with the lowest population densities (as determined by the Secretary using the 2015 Statistical Abstract of the United States); and
 (ii)may consider— (I)closures of hospitals located in rural areas in the State in which the rural community hospital is located during the 5-year period immediately preceding the date of the enactment of this paragraph; and
 (II)the population density of the State in which the rural community hospital is located.. (b)Change in timing for reportSubsection (e) of such section 410A is amended—
 (1)by striking Not later than 6 months after the completion of the demonstration program under this section and inserting Not later than August 1, 2018; and (2)by striking such program and inserting the demonstration program under this section.
					104.Regulatory relief for LTCHs
				(a)Technical change to the Medicare long-Term care hospital moratorium exception
 (1)In generalSection 114(d)(7) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), as amended by sections 3106(b) and 10312(b) of Public Law 111–148, section 1206(b)(2) of the Pathway for SGR Reform Act of 2013 (division B of Public Law 113–67), and section 112 of the Protecting Access to Medicare Act of 2014, is amended by striking The moratorium under paragraph (1)(A) and inserting Any moratorium under paragraph (1).
 (2)Effective dateThe amendment made by paragraph (1) shall take effect as if included in the enactment of section 112 of the Protecting Access to Medicare Act of 2014.
 (b)Modification to Medicare long-Term care hospital high cost outlier paymentsSection 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)) is amended by adding at the end the following new paragraph:

						(7)Treatment of high cost outlier payments
 (A)Adjustment to the standard Federal payment rate for estimated high cost outlier paymentsUnder the system described in paragraph (1), for fiscal years beginning on or after October 1, 2017, the Secretary shall reduce the standard Federal payment rate as if the estimated aggregate amount of high cost outlier payments for standard Federal payment rate discharges for each such fiscal year would be equal to 8 percent of estimated aggregate payments for standard Federal payment rate discharges for each such fiscal year.
 (B)Limitation on high cost outlier payment amountsNotwithstanding subparagraph (A), the Secretary shall set the fixed loss amount for high cost outlier payments such that the estimated aggregate amount of high cost outlier payments made for standard Federal payment rate discharges for fiscal years beginning on or after October 1, 2017, shall be equal to 99.6875 percent of 8 percent of estimated aggregate payments for standard Federal payment rate discharges for each such fiscal year.
 (C)Waiver of budget neutralityAny reduction in payments resulting from the application of subparagraph (B) shall not be taken into account in applying any budget neutrality provision under such system.
 (D)No effect on site neutral high cost outlier payment rateThis paragraph shall not apply with respect to the computation of the applicable site neutral payment rate under paragraph (6)..
 105.Savings from IPPS MACRA pay-for through not applying documentation and coding adjustmentsSection 7(b)(1)(B)(iii) of the TMA, Abstinence Education, and QI Programs Extension Act of 2007 (Public Law 110–90), as amended by section 631(b) of the American Taxpayer Relief Act of 2012 (Public Law 122–240) and section 414(1)(B)(iii) of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10), is amended by striking an increase of 0.5 percentage points for discharges occurring during each of fiscal years 2018 through 2023 and inserting an increase of 0.4590 percentage points for discharges occurring during fiscal year 2018 and 0.5 percentage points for discharges occurring during each of fiscal years 2019 through 2023.
			IIProvisions Relating to Medicare Part B
			201.Continuing Medicare payment under HOPD prospective payment system for services furnished by
			 mid-build off-campus outpatient departments of providers
 (a)In generalSection 1833(t)(21) of the Social Security Act (42 U.S.C. 1395l(t)(21)) is amended— (1)in subparagraph (B)—
 (A)in clause (i), by striking clause (ii) and inserting the subsequent provisions of this subparagraph; and (B)by adding at the end the following new clauses:

 (iii)Deemed treatment for 2017For purposes of applying clause (ii) with respect to applicable items and services furnished during 2017, a department of a provider (as so defined) not described in such clause is deemed to be billing under this subsection with respect to covered OPD services furnished prior to November 2, 2015, if the Secretary received from the provider prior to December 2, 2015, an attestation (pursuant to section 413.65(b)(3) of title 42 of the Code of Federal Regulations) that such department was a department of a provider (as so defined).
 (iv)Alternative exception beginning with 2018For purposes of paragraph (1)(B)(v) and this paragraph with respect to applicable items and services furnished during 2018 or a subsequent year, the term off-campus outpatient department of a provider also shall not include a department of a provider (as so defined) that is not described in clause (ii) if—
 (I)the Secretary receives from the provider an attestation (pursuant to such section 413.65(b)(3)) not later than December 31, 2016 (or, if later, 60 days after the date of the enactment of this clause), that such department met the requirements of a department of a provider specified in section 413.65 of title 42 of the Code of Federal Regulations;
 (II)the provider includes such department as part of the provider on its enrollment form in accordance with the enrollment process under section 1866(j); and
 (III)the department met the mid-build requirement of clause (v) and the Secretary receives, not later than 60 days after the date of the enactment of this clause, from the chief executive officer or chief operating officer of the provider a written certification that the department met such requirement.
 (v)Mid-build requirement describedThe mid-build requirement of this clause is, with respect to a department of a provider, that before November 2, 2015, the provider had a binding written agreement with an outside unrelated party for the actual construction of such department.
 (vii)AuditNot later than December 31, 2018, the Secretary shall audit the compliance with requirements of clause (iv) with respect to each department of a provider to which such clause applies. If the Secretary finds as a result of an audit under this clause that the applicable requirements were not met with respect to such department, the department shall not be excluded from the term off-campus outpatient department of a provider under such clause.
 (viii)ImplementationFor purposes of implementing clauses (iii) through (vii): (I)Notwithstanding any other provision of law, the Secretary may implement such clauses by program instruction or otherwise.
 (II)Subchapter I of chapter 35 of title 44, United States Code, shall not apply. (III)For purposes of carrying out this subparagraph with respect to clauses (iii) and (iv) (and clause (vii) insofar as it relates to clause (iv)), $10,000,000 shall be available from the Federal Supplementary Medical Insurance Trust Fund under section 1841, to remain available until December 31, 2018.; and
 (2)in subparagraph (E), by adding at the end the following new clause:  (iv)The determination of an audit under subparagraph (B)(vii)..
 (b)Effective dateThe amendments made by this section shall be effective as if included in the enactment of section 603 of the Bipartisan Budget Act of 2015 (Public Law 114–74).
				202.Treatment of cancer hospitals in off-campus outpatient department of a provider policy
 (a)In generalSection 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B)), as amended by section 201(a), is amended—
 (1)by inserting after clause (v) the following new clause:  (vi)Exclusion for certain cancer hospitalsFor purposes of paragraph (1)(B)(v) and this paragraph with respect to applicable items and services furnished during 2017 or a subsequent year, the term off-campus outpatient department of a provider also shall not include a department of a provider (as so defined) that is not described in clause (ii) if the provider is a hospital described in section 1886(d)(1)(B)(v) and—
 (I)in the case of a department that met the requirements of section 413.65 of title 42 of the Code of Federal Regulations after November 1, 2015, and before the date of the enactment of this clause, the Secretary receives from the provider an attestation that such department met such requirements not later than 60 days after such date of enactment; or
 (II)in the case of a department that meets such requirements after such date of enactment, the Secretary receives from the provider an attestation that such department meets such requirements not later than 60 days after the date such requirements are first met with respect to such department.;
 (2)in clause (vii), by inserting after the first sentence the following: Not later than 2 years after the date the Secretary receives an attestation under clause (vi) relating to compliance of a department of a provider with requirements referred to in such clause, the Secretary shall audit the compliance with such requirements with respect to the department.; and
 (3)in clause (viii)(III), by adding at the end the following: For purposes of carrying out this subparagraph with respect to clause (vi) (and clause (vii) insofar as it relates to such clause), $2,000,000 shall be available from the Federal Supplementary Medical Insurance Trust Fund under section 1841, to remain available until expended..
 (b)Offsetting savingsSection 1833(t)(18) of the Social Security Act (42 U.S.C. 1395l(t)(18)) is amended— (1)in subparagraph (B), by inserting , subject to subparagraph (C), after shall; and
 (2)by adding at the end the following new subparagraph:  (C)Target PCR adjustmentIn applying section 419.43(i) of title 42 of the Code of Federal Regulations to implement the appropriate adjustment under this paragraph for services furnished on or after January 1, 2018, the Secretary shall use a target PCR that is 1.0 percentage points less than the target PCR that would otherwise apply. In addition to the percentage point reduction under the previous sentence, the Secretary may consider making an additional percentage point reduction to such target PCR that takes into account payment rates for applicable items and services described in paragraph (21)(C) other than for services furnished by hospitals described in section 1886(d)(1)(B)(v). In making any budget neutrality adjustments under this subsection for 2018 or a subsequent year, the Secretary shall not take into account the reduced expenditures that result from the application of this subparagraph..
 (c)Effective dateThe amendments made by this section shall be effective as if included in the enactment of section 603 of the Bipartisan Budget Act of 2015 (Public Law 114–74).
				203.Treatment of eligible professionals in ambulatory surgical centers for meaningful use and MIPS
 (a)In generalSection 1848(a)(7)(D) of the Social Security Act (42 U.S.C. 1395w–4(a)(7)(D)) is amended— (1)by striking hospital-based eligible professionals and all that follows through No payment and inserting the following:

 hospital-based and ambulatory surgical center-based eligible professionals.—(i)Hospital-basedNo payment; and (2)by adding at the end the following new clauses:

 (ii)Ambulatory surgical center-basedSubject to clause (iv), no payment adjustment may be made under subparagraph (A) for 2017 and 2018 in the case of an eligible professional with respect to whom substantially all of the covered professional services furnished by such professional are furnished in an ambulatory surgical center.
 (iii)DeterminationThe determination of whether an eligible professional is an eligible professional described in clause (ii) may be made on the basis of—
 (I)the site of service (as defined by the Secretary); or (II)an attestation submitted by the eligible professional.
								Determinations made under subclauses (I) and (II) shall be made without regard to any employment or
			 billing arrangement between the eligible professional and any other
 supplier or provider of services.(iv)SunsetClause (ii) shall no longer apply as of the first year that begins more than 3 years after the date on which the Secretary determines, through notice and comment rulemaking, that certified EHR technology applicable to the ambulatory surgical center setting is available..
 (b)Continued application of certain provisions under MIPSSection 1848(o)(2)(D) of the Social Security Act (42 U.S.C. 1395w–4(o)(2)(D)) is amended by adding at the end the following new sentence: The provisions of subparagraphs (B) and (D) of subsection (a)(7), including the application of clause (iv) of such subparagraph (D), shall apply to assessments of MIPS eligible professionals under subsection (q) with respect to the performance category described in subsection (q)(2)(A)(iv) in a manner similar to the manner in which such provisions apply with respect to payment adjustments made under subsection (a)(7)(A)..
				IIIOther Medicare Provisions
			301.Delay in authority to terminate contracts for Medicare Advantage plans failing to achieve minimum
			 quality ratings
 (a)FindingsConsistent with the studies provided under the IMPACT Act of 2014 (Public Law 113–185), it is the intent of Congress—
 (1)to continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the Medicare Advantage STARS rating system before reforming such system with the input of stakeholders; and
 (2)pending the results of such studies and input, to provide for a temporary delay in authority of the Centers for Medicare & Medicaid Services (CMS) to terminate Medicare Advantage plan contracts solely on the basis of performance of plans under the STARS rating system.
 (b)Delay in MA contract termination authority for plans failing To achieve minimum quality ratingsSection 1857(h) of the Social Security Act (42 U.S.C. 1395w–27(h)) is amended by adding at the end the following new paragraph:

 (3)Delay in contract termination authority for plans failing to achieve minimum quality ratingDuring the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018, the Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system under section 1853(o)(4)..
 302.Requirement for enrollment data reporting for MedicareSection 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection:

					(g)Requirement for enrollment data reporting
 (1)In generalEach year (beginning with 2016), the Secretary shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on Medicare enrollment data (and, in the case of part A, on data on individuals receiving benefits under such part) as of a date in such year specified by the Secretary. Such data shall be presented—
 (A)by Congressional district and State; and (B)in a manner that provides for such data based on—
 (i)fee-for-service enrollment (as defined in paragraph (2)); (ii)enrollment under part C (including separate for aggregate enrollment in MA–PD plans and aggregate enrollment in MA plans that are not MA–PD plans); and
 (iii)enrollment under part D. (2)Fee-for-service enrollment definedFor purpose of paragraph (1)(B)(i), the term fee-for-service enrollment means aggregate enrollment (including receipt of benefits other than through enrollment) under—
 (A)part A only; (B)part B only; and
 (C)both part A and part B.. 303.Updating the Welcome to Medicare package (a)In generalNot later than 12 months after the last day of the period for the request of information described in subsection (b), the Secretary of Health and Human Services shall, taking into consideration information collected pursuant to subsection (b), update the information included in the Welcome to Medicare package to include information, presented in a clear and simple manner, about options for receiving benefits under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including through the original medicare fee-for-service program under parts A and B of such title (42 U.S.C. 1395c et seq., 42 U.S.C. 1395j et seq.), Medicare Advantage plans under part C of such title (42 U.S.C. 1395w–21 et seq.), and prescription drug plans under part D of such title (42 U.S.C. 1395w–101 et seq.)). The Secretary shall make subsequent updates to the information included in the Welcome to Medicare package as appropriate.
 (b)Request for informationNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall request information, including recommendations, from stakeholders (including patient advocates, issuers, and employers) on information included in the Welcome to Medicare package, including pertinent data and information regarding enrollment and coverage for Medicare eligible individuals.

	Passed the House of Representatives June 7, 2016.Karen L. Haas,Clerk


		I
		112th CONGRESS
		1st Session
		H. R. 2012
		IN THE HOUSE OF REPRESENTATIVES

			May 26, 2011
			Ms. Bass of
			 California (for herself and Mr.
			 Crowley) introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Education and the
			 Workforce, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To support the establishment or expansion and operation
		  of programs using a network of public and private community entities to provide
		  mentoring for children in foster care.

		1.Short titleThis Act may be cited as the
			 Foster Care Mentoring Act of
			 2011.
		2.FindingsCongress makes the following
			 findings:
			(1)Research shows
			 that caring adults can make a difference in children’s lives. Forty-five
			 percent of mentored teens are less likely to use drugs. Fifty-nine percent of
			 mentored teens have better academic performance. Seventy-three percent of
			 mentored teens achieve higher goals generally.
			(2)Children that have
			 mentors have better relationships with adults, fewer disciplinary referrals,
			 and more confidence to achieve their goals.
			(3)In 2009, 423,773
			 children were in foster care. Of those children, 65,888 were between the ages
			 of 10 and 13, and 133,680 were between the ages of 14 and 18.
			(4)States should be
			 encouraged to incorporate mentor programs into the delivery of their foster
			 care services.
			(5)Mentor programs
			 that serve foster children are unique and require additional considerations,
			 including specialized training and support necessary to provide for consistent,
			 long-term relationships for children in care.
			(6)Mentor programs
			 are cost-effective approaches to decreasing the occurrence of so many social
			 ills such as teen pregnancy, substance abuse, incarceration, and
			 violence.
			3.Programs for
			 mentoring children in foster careSubpart 2 of part B of title IV of the
			 Social Security Act (42 U.S.C. 629 et seq.) is amended by adding at the end the
			 following:

				440.Programs for
				mentoring children in foster care
					(a)PurposeIt
				is the purpose of this section to authorize the Secretary to make grants to
				eligible applicants to support the establishment or expansion and operation of
				programs using a network of public and private community entities to provide
				mentoring for children in foster care.
					(b)DefinitionsIn
				this section:
						(1)Children in
				foster careThe term children in foster care means
				children who have been removed from the custody of their biological or adoptive
				parents by a State child welfare agency.
						(2)MentoringThe
				term mentoring means a structured, managed program—
							(A)in which children
				are appropriately matched with screened and trained adult volunteers for
				one-on-one relationships;
							(B)that involves
				meetings and activities on a regular basis; and
							(C)that is intended
				to meet, in part, the child’s need for involvement with a caring and supportive
				adult who provides a positive role model.
							(3)Political
				subdivisionThe term political subdivision means a
				local jurisdiction below the level of the State government, including a county,
				parish, borough, or city.
						(c)Grant
				Program
						(1)In
				generalThe Secretary shall carry out a program to award grants
				to States to support the establishment or expansion and operation of programs
				using networks of public and private community entities to provide mentoring
				for children in foster care.
						(2)Grants to
				political subdivisionsThe Secretary may award a grant under this
				subsection directly to a political subdivision if the subdivision serves a
				substantial number of foster care youth (as determined by the
				Secretary).
						(3)Application
				requirementsTo be eligible for a grant under paragraph (1), the
				chief executive officer of the State or political subdivision shall submit to
				the Secretary an application containing the following:
							(A)Program
				designA description of the proposed program to be carried out
				using amounts provided under this grant, including—
								(i)a
				list of local public and private organizations and entities that will
				participate in the mentoring network;
								(ii)the name,
				description, and qualifications of the entity that will coordinate and oversee
				the activities of the mentoring network;
								(iii)the number of
				mentor-child matches proposed to be established and maintained annually under
				the program;
								(iv)such information
				as the Secretary may require concerning the methods to be used to recruit,
				screen, support, and oversee individuals participating as mentors, (which
				methods shall include criminal background checks on the individuals), and to
				evaluate outcomes for participating children, including information necessary
				to demonstrate compliance with requirements established by the Secretary for
				the program; and
								(v)such other
				information as the Secretary may require.
								(B)TrainingAn
				assurance that all mentors covered under the program will receive intensive and
				ongoing training in the following areas:
								(i)Child development,
				including the importance of bonding.
								(ii)Family dynamics,
				including the effects of domestic violence.
								(iii)The foster care
				system and foster care principles and practices.
								(iv)Recognizing and
				reporting child abuse and neglect.
								(v)Confidentiality
				requirements for working with children in foster care.
								(vi)Working in
				coordination with the public school system.
								(vii)Other matters
				related to working with children in foster care.
								(C)ScreeningAn
				assurance that all mentors covered under the program are appropriately screened
				and have demonstrated a willingness to comply with all aspects of the mentor
				program, including—
								(i)a
				description of the methods to be used to conduct criminal background checks on
				all prospective mentors; and
								(ii)a
				description of the methods to be used to ensure that the mentors are willing
				and able to serve as a mentor on a long-term, consistent basis.
								(D)Educational
				requirementsAn assurance that all mentors recruited to serve as
				academic mentors will—
								(i)have a secondary
				school diploma or its recognized equivalent; and
								(ii)have completed
				not less than 1 year of study in a program leading to a baccalaureate,
				graduate, or postgraduate degree.
								(E)Community
				consultation; coordination with other programsA demonstration
				that, in developing and implementing the program, the State or political
				subdivision will, to the extent feasible and appropriate—
								(i)consult
				with—
									(I)public and private
				community entities, including religious organizations, and including, as
				appropriate, Indian tribal organizations and urban Indian organizations;
				and
									(II)family members of
				children who may be potential clients of the program;
									(ii)coordinate the
				program and activities under the program with other Federal, State, and local
				programs serving children and youth; and
								(iii)consult and
				coordinate with appropriate Federal, State, and local corrections, workforce
				development, and substance abuse and mental health agencies.
								(F)Equal access for
				local service providersAn assurance that public and private
				entities and community organizations, including religious organizations and
				Indian organizations, will be eligible to participate on an equal basis.
							(G)Records,
				reports, and auditsAn agreement that the State or political
				subdivision will maintain such records, make such reports, and cooperate with
				such reviews or audits as the Secretary may find necessary for purposes of
				oversight of project activities and expenditures.
							(H)EvaluationAn
				agreement that the State or political subdivision will cooperate fully with the
				Secretary’s ongoing and final evaluation of the program under the plan, by
				means including providing the Secretary access to the program, the program’s
				staff, program-related records and documents, and each public or private
				community entity receiving funding under the plan.
							(4)Federal
				share
							(A)In
				generalA grant for a program under this subsection shall be
				available to pay a percentage share of the costs of the program of not more
				than 75 percent for each year for which the grant is awarded.
							(B)Non-federal
				shareThe non-Federal share of the cost of projects under this
				subsection may be in cash or in kind. In determining the amount of the
				non-Federal share, the Secretary may attribute fair market value to goods,
				services, and facilities contributed from non-Federal sources.
							(5)Considerations
				in awarding grantsIn awarding grants under this subsection, the
				Secretary shall take into consideration—
							(A)the overall
				qualifications and capacity of the State or political subdivision program and
				its partners to effectively carry out a mentoring program under this
				subsection;
							(B)the level and
				quality of training provided to mentors under the program;
							(C)evidence of
				coordination of the program with the social services and education programs of
				the State or political subdivision;
							(D)the ability of the
				State or political subdivision to provide supervision and support for mentors
				under the program and the youth served by such mentors;
							(E)evidence of
				consultation with institutions of higher learning;
							(F)the number of
				children in foster care served by the State or political subdivision;
				and
							(G)any other factors
				that the Secretary determines to be significant with respect to the need for or
				the potential success of carrying out a mentoring program under this
				subsection.
							(6)Use of
				fundsOf the amount awarded to a State or political subdivision
				under a grant under this subsection, the State or political subdivision
				shall—
							(A)use not less than
				50 percent of the total grant amount for the training and ongoing educational
				support of mentors; and
							(B)use not more than
				10 percent of the total grant amount for administrative purposes.
							(7)Maximum grant
				amount
							(A)In
				generalIn awarding grants under this subsection, the Secretary
				shall consider the number of children served by the jurisdiction and the grant
				amount relative to the need for services.
							(B)LimitThe
				amount of a grant awarded to a State or political subdivision under this
				subsection shall not exceed $600,000.
							(8)Annual
				reportNot later than 1 year after the date of enactment of the
				Foster Care Mentoring Act of 2011, and annually thereafter, the Secretary shall
				prepare and submit to Congress a report that includes the following with
				respect to the year involved:
							(A)A description of
				the number of programs receiving grant awards under this subsection.
							(B)A description of
				the number of mentors who serve in the programs described in subparagraph
				(A).
							(C)A description
				of—
								(i)the number of
				mentored children in foster care who graduate from secondary school;
								(ii)the number of
				such children who enroll in institutions of higher learning; and
								(iii)the number of
				such children who are adopted by their mentors.
								(D)Any other
				information that the Secretary determines to be relevant to the evaluation of
				the program under this subsection.
							(9)EvaluationNot
				later than 3 years after the date of enactment of the Foster Care Mentoring Act
				of 2011, the Secretary shall conduct an evaluation of the effectiveness of
				programs funded under this section, including a comparison between the rate of
				drug and alcohol abuse, teenage pregnancy, delinquency, homelessness, and other
				outcome measures for mentored youth in foster care and non-mentored youth in
				foster care.
						(10)Authorization
				of appropriationsThere are authorized to be appropriated to
				carry out this subsection—
							(A)$15,000,000 for
				each of fiscal years 2012 and 2013; and
							(B)such sums as may
				be necessary for each succeeding fiscal year.
							(d)National
				Coordination of Statewide Mentoring Partnerships
						(1)In
				generalThe Secretary may award a competitive grant to an
				eligible entity to establish a national hotline service or Web site to provide
				information to individuals who are interested in becoming mentors to youth in
				foster care.
						(2)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this subsection—
							(A)$4,000,000 for
				each of fiscal years 2012 and 2013; and
							(B)such sums as may
				be necessary for each succeeding fiscal year.
							(e)Loan
				Forgiveness
						(1)DefinitionsIn
				this subsection:
							(A)Eligible
				mentorThe term eligible mentor means an individual
				who has served as a mentor in a mentor program established under subsection (c)
				for at least 200 hours in a single calendar year.
							(B)Federal student
				loanThe term Federal student loan means any loan
				made, insured, or guaranteed under part B, D, or E of title IV of the Higher
				Education Act of 1965.
							(C)SecretaryThe
				term Secretary means the Secretary of Education.
							(2)Relief from
				indebtedness
							(A)In
				generalThe Secretary shall carry out a program to provide for
				the discharge or cancellation of the Federal student loan indebtedness of an
				eligible mentor.
							(B)Method of
				discharge or cancellationThe amount of a Federal student loan
				that will be discharged or canceled under the program under subparagraph (A)
				shall be discharged or canceled as provided for using the method under section
				437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965, as
				applicable.
							(C)Amount of
				reliefThe amount of relief to be provided under this subsection
				with respect to a Federal student loan shall—
								(i)be
				equal to $2,000 for each 200 hours of service that the eligible mentor serves
				in a mentor program established under subsection (c) in a calendar year;
				and
								(ii)not exceed a
				total of $10,000 for an eligible mentor.
								(3)Facilitation of
				claimsThe Secretary shall—
							(A)establish
				procedures for the filing of applications for the discharge or cancellation of
				loans under this subsection by regulations that shall be prescribed and
				published within 90 days after the date of enactment of this section and
				without regard to the requirements of section 553 of title 5, United States
				Code; and
							(B)take such actions
				as may be necessary to publicize the availability of the program established
				under this subsection for eligible mentors.
							(4)FundingAmounts
				available for the purposes of making payments to lenders in accordance with
				section 437(a) of the Higher Education Act of 1965 for the discharge of
				indebtedness of deceased or disabled individuals shall be available for making
				payments to lenders of loans to eligible mentors, as provided for in this
				subsection.
						.


115 HR 2503 IH: Accelerating Innovation in Medicine Act of 2017
U.S. House of Representatives
2017-05-17
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.

I115th CONGRESS1st SessionH. R. 2503IN THE HOUSE OF REPRESENTATIVESMay 17, 2017Mr. Paulsen (for himself, Mr. Kind, and Mrs. Mimi Walters of California) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to promote health care technology innovation and
			 access to medical devices and services for which patients choose to
			 self-pay under the Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Accelerating Innovation in Medicine Act of 2017 or the AIM Act of 2017. 2.FindingsCongress finds as follows:
 (1)Innovation in health care technology is necessary to improve health outcomes and depends in part on the ability of medical technology developers, including scientists, physicians, engineers, and patient advocates, to introduce medical devices into the marketplace.
 (2)Even after meeting requirements for marketing set by the Food and Drug Administration, there may be uncertainties about patient access through government health care programs, causing significant delays in bringing innovative medical devices to patients or causing medical technology developers to abandon potential health care solutions.
 (3)Patients covered by the Medicare program are often willing to enter into self-pay arrangements with physicians and other providers to purchase items or services, yet under current laws restricting such freedom of choice, the self-pay arrangements may be associated with regulatory impediments or a risk of civil penalties.
 (4)Enabling health care technology manufacturers to designate products to be directly available to self-pay patients and excluded from government health program payments at an early stage of product development will promote innovation and result in increased patient access to desired products and services, save taxpayer dollars, and reduce administrative burdens on physicians and the government.
 (5)Enabling health care technology manufacturers to designate their devices as available to self-pay patients would permit a window of time during which additional data may be obtained on outcomes, comparative clinical effectiveness or other data elements for possible future coverage by the Medicare program.
			3.Establishment of manufacturer opt-out program for medical devices
 (a)In generalSection 1862 of the Social Security Act (42 U.S.C. 1395y) is amended adding at the end the following new subsection:

					(p)Establishment of accelerating innovation in medicine (AIM) list of medical devices voluntarily
			 excluded from coverage
 (1)In generalNot later than 90 days after the date of the enactment of this subsection, the Secretary shall develop and maintain a listing (in this section referred to as the AIM list) of medical devices for which, because of their inclusion in such listing, no insurance benefit and no payment may be made for such a device (or for any items or services related to furnishing such device) under this title either directly or on a capitated basis such that no claim for payment may be submitted under this title for such a device (or for any items or services related to furnishing such device) and an individual who consents to receive such a device is responsible for payment for the device (and for any items and services related to furnishing such device).
						(2)Procedures for inclusion in AIM list
 (A)Requirement for written consent of manufacturerNo medical device may be included in the AIM list without the written consent of the manufacturer of the device.
 (B)Submission processA manufacturer seeking to have a medical device included in the AIM list shall submit to the Secretary a request for inclusion of the device in the AIM list. In the case of such a device for which—
 (i)there is a request for approval or clearance for marketing and sale of the device by the Food and Drug Administration pursuant to authority granted by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including pursuant to section 510(k) or 515(c) of such Act (21 U.S.C. 360(k), 360e(c)), the request for inclusion of the device in the AIM list may not be submitted earlier than the date of the request for such approval or clearance and no later than the first business day of the month beginning at least 30 days after the date of such approval or clearance; or
 (ii)the device is exempt from such approval and clearance requirements, the request may be submitted at a time that is not later than the first business day of the month beginning at least 30 days after the date of the first sale of the device by its manufacturer.
								(3)Listing periods; removal from list
 (A)3-year listing periodsA medical device included in the AIM list shall be initially listed for a period of 3 years and shall remain so listed for subsequent 3-year periods subject to subparagraphs (B) and (C).
 (B)Removal at request of manufacturerAt any time a device of a manufacturer included in the AIM list shall be removed from the AIM list upon the written request of the manufacturer. Subject to subparagraph (C), such a device of a manufacturer may not be removed from the AIM list except upon the written request of the manufacturer.
 (C)Provision of data on clinical studies as a condition for continued listingAs a condition for the continued inclusion of the device of a manufacturer in the AIM list for a subsequent 3-year listing period under subparagraph (A), the manufacturer shall provide the Secretary with published or publicly available data on clinical studies completed for the device at the end of the previous 3-year listing period. If the Secretary determines that a manufacturer of a device has materially failed to provide such data for the device, the Secretary may remove the device from the AIM list or not renew the listing for the device or both.
 (4)Medical device definedIn this subsection, the term medical device has the meaning given the term device in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (5)Posting of listed devices on websiteThe Secretary shall post on a public website of the Department of Health and Human Services or other publicly accessible manner a list of the medical devices included in the AIM list and shall provide for updating the website on a real-time basis (but no less frequently than monthly) to reflect changes in the medical devices in the AIM list.
 (6)Regulations not requiredNothing in this subsection shall be construed as requiring the Secretary to promulgate regulations to carry out this subsection.
 (7)Requirement for informed consent in order for provider to charge for deviceIf a physician or other entity furnishes a medical device included in the AIM list to an individual under this title and failed to obtain, before furnishing the device, an appropriate informed consent under which the individual is informed of and accepts liability under paragraph (1) for payment for the device (and for items and services related to furnishing such device), the physician or other entity is deemed to have agreed not to impose any charge under this title for such device (and for items and services related to furnishing such device)..
 (b)Conforming amendmentSection 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended— (1)in paragraph (24), by striking or at the end;
 (2)in paragraph (25), by striking the period at the end and inserting ; or; and (3)by inserting after paragraph (25) the following new paragraph:

 (26)where such expenses are for a medical device included in the AIM list under section 1862(p) (or for items and services related to furnishing such device)..


113 HR 4294 IH: Children First Act of 2014
U.S. House of Representatives
2014-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4294
		IN THE HOUSE OF REPRESENTATIVES

			March 25, 2014
			Mr. Crowley introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend part A of title IV of the Social Security Act to exclude child care from the determination
			 of the 5-year limit on assistance under the temporary assistance for needy
			 families program, and for other purposes.

		1.Short titleThis Act may be cited as the Children First Act of 2014.
		2.Exclusion of child care from the definition of TANF assistanceSection 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end
			 the following:

				(H)Limitation on meaning of assistance for families receiving child careFor purposes of subparagraph (A), any funds provided under this part that are used to provide child
			 care for a family during a month under the State program funded under this
			 part shall not be considered assistance under the program..
		3.Increase in funding for child careSection 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows:

				(3)AppropriationFor grants under this section, there are appropriated—
					(A)$3,667,000,000 for fiscal year 2015;
					(B)$3,917,000,000 for fiscal year 2016;
					(C)$4,017,000,000 for fiscal year 2017;
					(D)$4,317,000,000 for fiscal year 2018;
					(E)$4,817,000,000 for fiscal year 2019;
					(F)$5,017,000,000 for fiscal year 2020;
					(G)$5,217,000,000 for fiscal year 2021;
					(H)$5,417,000,000 for fiscal year 2022;
					(I)$5,667,000,000 for fiscal year 2023; and
					(J)$5,917,000,000 for fiscal year 2024..
		4.Applicability of State or local health and safety standards to other TANF child care spendingSection 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the
			 following:

				(8)Certification of procedures to ensure that child care providers comply with applicable State or
			 local health and safety standardsA certification by the chief executive officer of the State that procedures are in effect to ensure
			 that any child care provider in the State that provides services funded
			 through expenditures under this part or with qualified State expenditures
			 complies with all applicable State or local health and safety requirements
			 as described in section 658E(c)(2)(F) of the Child Care and Development
			 Block Grant Act of 1990..
		5.Availability of child care for parents required to workSection 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended—
			(1)by inserting or other individual with custody after parent; and
			(2)by striking 6 and inserting 13.
			6.Application of Child Care and Development Block Grant Act of 1990 reporting rules to TANF funds
			 expended for child care
			(a)In generalSection 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended—
				(1)by redesignating paragraph (7) as paragraph (8); and
				(2)by inserting after paragraph (6) the following:

						(7)Application of child care and development block grant Act of 1990 reporting rules to funds expended
			 for child careAny funds provided under this part that are expended for child care, whether or not transferred to
			 the Child Care and Development Block Grant Act of 1990, shall be subject
			 to the individual and case data reporting requirements imposed under that
			 Act and need not be included in the report required by paragraph (1) for a
			 fiscal quarter..
				(b)Conforming amendmentSection 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, and inserting or supplemental nutrition assistance program benefits, and if the latter,.
			7.Effective date
			(a)In generalSubject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1,
			 2014, and shall apply to payments under part A of title IV of the Social
			 Security Act for calendar quarters beginning on or after such date,
			 without regard to whether regulations to implement the amendments are
			 promulgated by such date.
			(b)Application of reporting rulesThe amendments made by section 6 shall take effect on October 1, 2015.
			(c)Delay permitted if State legislation requiredIn the case of a State plan under section 402(a) of the Social Security Act which the Secretary of
			 Health and Human Services determines requires State legislation (other
			 than legislation appropriating funds) in order for the plan to meet the
			 additional requirements imposed by the amendments made by this Act, the
			 State plan shall not be regarded as failing to comply with the
			 requirements of such section 402(a) solely on the basis of the failure of
			 the plan to meet such additional requirements before the 1st day of the
			 1st calendar quarter beginning after the close of the 1st regular session
			 of the State legislature that begins after the date of the enactment of
			 this Act. For purposes of the previous sentence, in the case of a State
			 that has a 2-year legislative session, each year of such session shall be
			 deemed to be a separate regular session of the State legislature.


110 HRES 1064 IH: Recognizing Gordon
U.S. House of Representatives
2008-04-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1064
		IN THE HOUSE OF REPRESENTATIVES

			April 1, 2008
			Mr. McCotter (for
			 himself, Mr. Levin,
			 Mr. Ferguson,
			 Mr. Shuler,
			 Mr. Knollenberg,
			 Mrs. Miller of Michigan, and
			 Mr. Brown of South Carolina) submitted
			 the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Recognizing Gordon Gordie
		  Howe on the occasion of his 80th birthday, and for other
		  purposes.

		Whereas on March 31, 1928, Gordon Gordie
			 Howe was born in Floral, Saskatchewan, Canada;
		Whereas in 1946, at the age of 18, Gordie Howe made his
			 professional hockey debut with the Detroit Red Wings of the National Hockey
			 League (NHL);
		Whereas from 1948 to 1956, Gordie Howe led the Detroit Red
			 Wings to seven consecutive first place finishes in the NHL regular
			 season;
		Whereas Gordie Howe led the Detroit Red Wings to Stanley
			 Cup Championships in 1950, 1952, 1954, and 1955;
		Whereas Gordie Howe starred as a member of the
			 Production Line with fellow hockey greats Sid Abel and Ted
			 Lindsay, considered one of the all-time greatest offensive lines in the history
			 of the Detroit Red Wings and the NHL;
		Whereas in 1960, Gordie Howe became the first player in
			 NHL history to score more than 1,000 points;
		Whereas Gordie Howe is a six-time winner of the Art Ross
			 Memorial Trophy for scoring the most regular season points in 1951, 1952, 1953,
			 1954, 1957, and 1963;
		Whereas Gordie Howe is a five-time winner of the Hart
			 Trophy for being the most valuable player of the NHL in 1952, 1953, 1957, 1958,
			 and 1960;
		Whereas in 1967, Gordie Howe was awarded the Lester
			 Patrick Trophy for his contributions to ice hockey in the United States;
		Whereas Gordie Howe played in 23 NHL All-Star
			 games;
		Whereas Gordie Howe played in the NHL for 26 seasons and
			 1,767 regular season games, both NHL records;
		Whereas Gordie Howe was inducted into the Hockey Hall of
			 Fame in 1972;
		Whereas in 1997, at the age of 69, Gordie Howe played one
			 game with the Detroit Vipers of the International Hockey League, becoming the
			 only professional hockey player to play in six different decades; and
		Whereas Gordie Howe is universally known by the nickname
			 Mr. Hockey and is widely considered to be one of the greatest
			 players to ever play the game of ice hockey: Now, therefore, be it

		that the House of Representatives
			 recognizes—
			(1)Gordon
			 Gordie Howe on the occasion of his 80th birthday on March 31,
			 2008;
			(2)Gordie Howe’s vast
			 contribution to the sport of ice hockey and the National Hockey League;
			 and
			(3)Gordie Howe as one
			 of the greatest players in the history of ice hockey and American professional
			 sports.


		I
		112th CONGRESS
		1st Session
		H. R. 2357
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2011
			Mr. Guinta (for
			 himself and Mr. Carnahan) introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend section 139 of title 49, United States Code, to
		  increase the effectiveness of Federal oversight of motor carriers, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Fighting Fraud in Transportation Act
			 of 2011.
		2.Registration
			 requirements
			(a)Annual review of
			 active registrationsThe Administrator of the Federal Motor
			 Carrier Safety Administration shall establish processes and procedures to
			 screen its list of registered motor carriers, brokers and freight forwarders
			 annually, and the Administrator shall—
				(1)ensure that the
			 list accurately reflects only those entities with currently active operating
			 authority; and
				(2)show as inactive
			 any motor carriers, brokers or freight forwarders that are no longer active or
			 in compliance with the requirements of chapter 139 of title 49, United States
			 Code.
				(b)FundingThere
			 is hereby authorized from the funds appropriated for the operations of the
			 Federal Motor Carrier Safety Administration $2,000,000 to carry out the
			 requirements of subsection (a).
			(c)AmendmentsSection
			 13901 of title 49, United States Code, is amended—
				(1)by striking
			 A person and inserting the following:

						(a)In
				generalA person
						;
				and
				(2)by adding at the
			 end the following:

						(b)Registration
				numbers
							(1)In
				generalIf the Administrator of the Federal Motor Carrier Safety
				Administration registers a person under this chapter for 1 or more activities
				or services, including motor carrier, freight forwarder, or broker activities
				or services, the Administrator shall issue a distinctive registration number to
				the person for each such activity or service for which the person is
				registered.
							(2)Activity or
				service type indicatorEach number issued under paragraph (1)
				shall include an indicator of the type of activity or service for which the
				registration number is issued, including whether the registration number is
				issued for registration of a motor carrier, freight forwarder, or broker
				activity or service.
							(c)AuthorityFor each agreement to provide service for
				which registration is required under this chapter, the registered person shall
				specify, in writing, the operating authority under which it is providing the
				services
				required.
						.
				3.Registration of
			 motor carriersSection 13902
			 of title 49, United States Code, is amended—
			(1)in subsection
			 (a)—
				(A)in paragraph (1),
			 by inserting using self-propelled vehicles the motor carrier owns or
			 leases after motor carrier; and
				(B)by adding at the
			 end the following:

						(6)Separate
				registration requiredA motor carrier may not broker
				transportation services unless the motor carrier has registered as a broker
				under this
				chapter.
						.
				4.Registration and
			 security of freight forwarders and brokers
			(a)In
			 general
				(1)AmendmentChapter
			 139 of title 49, United States Code, is amended by striking sections 13903 and
			 13904 and inserting the following:

						13903.Registration
				of freight forwarders and brokers
							(a)In
				generalA person may not act as a freight forwarder by providing
				service subject to the jurisdiction under subchapter III of chapter 135 or as a
				broker unless the person holds a freight forwarder’s permit or a broker’s
				license, as the case may be, issued by the Federal Motor Carrier Safety
				Administration.
							(b)Issuance of
				permit or license
								(1)Eligibility
				requirementsThe Administrator of the Federal Motor Carrier
				Safety Administration shall issue a freight forwarder’s permit or broker’s
				license to any person that the Administration determines—
									(A)to be qualified by
				experience and character to act as a freight forwarder or broker, respectively;
				and
									(B)to be fit,
				willing, and able to provide the service and to comply with this part and
				applicable regulations of the Secretary.
									(2)DurationThe
				permit or license issued under paragraph (1) shall remain in effect only as
				long as the freight forwarder or broker is in compliance with section
				13904.
								(c)Registration as
				motor carrier required
								(1)Freight
				forwardersA freight forwarder may not provide transportation as
				a motor carrier unless the freight forwarder—
									(A)has registered
				separately to provide transportation as a motor carrier; and
									(B)has met all the
				requirements under this chapter applicable to motor carriers.
									(2)BrokersA
				broker may not provide transportation as a motor carrier unless the
				broker—
									(A)has registered
				separately to provide transportation as a motor carrier; and
									(B)has met all of the
				requirements under this chapter applicable to motor carriers.
									(d)Registration as
				freight forwarder or broker requiredA motor carrier registered
				under this chapter—
								(1)may only provide
				transportation of property with self-propelled motor vehicles owned or leased
				by the motor carrier or interchanges as permitted under regulation issued by
				the Secretary, provided that the originating carrier must physically transport
				the cargo at some point, and retains liability for the cargo and payment of
				interchanged carriers; and
								(2)may not arrange
				such transportation unless the motor carrier has obtained a separate freight
				forwarder’s permit or broker’s license under this section.
								13904.Security of
				freight forwarders and brokers
							(a)Requirements
								(1)In
				generalA person may not act as a freight forwarder or broker
				unless the person furnishes a bond, proof of trust fund, or other surety, or
				combination of such sureties, in a form and amount, and from a provider,
				determined by the Administrator of the Federal Motor Carrier Safety
				Administration to be adequate to insure financial responsibility.
								(2)StandardsThe
				Administrator may authorize the use of a group bond, trust fund, or other
				surety, or combination of such securities that meet the legal requirements
				under section 13904(d). The Administrator may not accept proof of security from
				any person whose surety or surety provider does not meet the standards
				established by the Administrator, by regulation. Bonds issued under this
				section may only be offered by a bonding company that has been approved by the
				Secretary of the Treasury.
								(b)Scope of
				financial responsibilityA bond, trust fund, or other surety
				obtained under this section shall be available to pay any claim against a
				freight forwarder or broker arising from its failure to pay freight charges in
				its contracts, agreements, or arrangements for transportation subject to
				regulation under this chapter—
								(1)with the consent
				of the insured freight forwarder or broker, subject to review by the surety
				company;
								(2)if the claim is
				deemed valid by the surety company after the freight forwarder or broker has
				failed to respond to adequate notice to address the validity of the claim;
				or
								(3)if the claim has
				been reduced to a judgment against the freight forwarder or broker after the
				claimant made a reasonable attempt to resolve the claim under paragraphs (1)
				and (2), but the claim was not resolved within a reasonable period of time
				provided, however, that the surety must respond to any claim within 30 days of
				receipt and, if the claim is denied, shall set forth in writing to the claimant
				the grounds for the denial. In any action against a surety to recover on a
				claim that has not been paid, the prevailing party shall be entitled to recover
				its reasonable costs and attorneys fees.
								(c)Freight
				forwarder insurance
								(1)In
				generalThe Administrator of the Federal Motor Carrier Safety
				Administration may not register a person as a freight forwarder under section
				13903 unless the person files with the Administrator a bond, insurance policy,
				or other type of security, in accordance with the standards established by the
				Administrator under this section.
								(2)Liability
				insuranceA security filed under paragraph (1) shall be
				sufficient to pay an amount, not to exceed the amount of the security, for each
				final judgment against the freight forwarder for bodily injury to, or death of,
				an individual, or loss of, or damage to, property (other than property referred
				to in paragraph (3)), resulting from the negligent operation, maintenance, or
				use of motor vehicles by, or under the direction and control of, the freight
				forwarder when providing transfer, collection, or delivery service under this
				part.
								(3)Cargo
				insuranceThe Administrator may require a registered freight
				forwarder to file with the Administrator a bond, insurance policy, or other
				type of security approved by the Secretary, that will pay an amount, not to
				exceed the amount of the security, for loss of, or damage to, property for
				which the freight forwarder provides service.
								(d)Additional
				requirements
								(1)Reissuance of
				licenses and permitsNot later than 4 years after the date of the
				enactment of the Fighting Fraud in
				Transportation Act of 2011, freight forwarders and brokers shall
				renew licenses and permits from the Federal Motor Carrier Safety Administration
				that are subject to the terms and conditions under this subsection. Such
				licenses and permits shall expire 5 years after the date of issuance and may be
				renewed as provided under this chapter.
								(2)Experience or
				training requirementEach freight forwarder and broker shall
				employ, as an officer, an individual who—
									(A)has at least 3
				years of relevant experience; or
									(B)provides the
				Administrator with satisfactory evidence of certified training.
									(3)OnlineThe
				Administrator shall make information on permits, licenses, and financial
				security publicly available online, including—
									(A)the names and
				addresses of the principals of each entity holding a permit or license;
				and
									(B)the electronic
				address of its surety for the submission of claims.
									(4)Minimum
				financial securityEach freight forwarder and broker shall
				provide financial security of $100,000, regardless of the number of branch
				offices or sales agents of such entities.
								(5)Specific
				performance standardsThe Administrator shall set specific
				performance standards for bonds or other acceptable surety, including
				requirements that—
									(A)the broker or
				forwarder can file a bond issued by a surety registered and in good standing
				with the U.S. Department of Treasury;
									(B)the broker or
				forwarder can file proof of a trust or other security acceptable to the
				Administrator provided that the surety amount consists of assets readily
				available to pay valid claims without resort to personal guarantees or
				collection of pledged accounts receivable; and
									(C)the bond issuer,
				trust or other security holder is ultimately financially responsible for any
				failure to make the required payments.
									(6)Notice to
				cancelIf a surety required under this subsection is
				canceled—
									(A)the holder of the
				surety shall provide electronic notification to the Administrator of such
				cancellation not later than 30 days before the effective date of such
				cancellation; and
									(B)the Administrator
				shall immediately post such notification on its public Web site.
									(7)SuspensionThe
				Administrator shall immediately suspend the registration of a freight forwarder
				or broker if its available security falls below the amount required under this
				subsection.
								(8)Payment of
				claimsIf a registered freight forwarder or broker experiences
				financial failure or insolvency, the freight forwarder’s or broker’s surety
				shall—
									(A)submit a notice to
				cancel the surety to the Administrator in accordance with paragraph (6);
									(B)publicly advertise
				for claims for 60 days beginning on the date of publication by the
				Administrator of the notice to cancel the surety; and
									(C)pay, not later
				than 30 days after the expiration of the 60-day period for submission of
				claims—
										(i)all uncontested
				claims received during such period; or
										(ii)a
				pro rata share of such claims if the total amount of such claims exceeds the
				financial security available.
										(9)List of claims
				paidEach surety under this subsection shall—
									(A)publish, on the
				surety’s Web site, a list of the claims paid by the surety immediately upon
				payment; and
									(B)immediately submit
				a copy of such list to the Administrator.
									(10)Penalties
									(A)In
				generalAny surety that fails to comply with the requirements
				under this subsection—
										(i)shall be liable to
				the United States Government for a civil penalty in an amount not to exceed
				$10,000; and
										(ii)shall be
				ineligible to offer broker and forwarder security under this chapter.
										(B)Wilful
				violationsAny surety that knowingly and willfully violates the
				posting and notification requirements under this subsection shall be held
				financially liable for all valid claims submitted against the broker or
				forwarder involved, regardless of the amount of the security.
									(11)Deduction of
				costs prohibitedThe amount of the financial security required
				under this subsection may not be reduced by deducting attorney’s fees or
				administrative costs.
								(12)AuditClaim
				payments by sureties shall be annually audited by a public accounting firm. The
				results of such audits shall be made publicly available on the surety’s Web
				site.
								.
				(2)RulemakingNot
			 later than 270 days after the date of the enactment of this Act, the
			 Administrator of the Federal Motor Carrier Safety Administration shall issue
			 regulations to enforce the requirements under section 13904(d) of title 49,
			 United States Code, as added by paragraph (1).
				(3)Effective
			 dateSection 13904(d) of title 49, United States Code, as added
			 by paragraph (1), shall take effect on the date that is 270 days after the date
			 of the enactment of this Act.
				(b)RepealSubsections (b) and (c) of section 13906 of
			 title 49, United States Code, are repealed.
			(c)Clerical
			 amendmentsThe table of sections for chapter 139 of title 49,
			 United States Code, is amended—
				(1)by striking the
			 item relating to section 13903 and inserting the following:

							13903. Registration of freight forwarders
				and brokers.

						;

					and(2)by striking the
			 item relating to section 13904 and inserting the following:

							13904. Security of freight forwarders and
				brokers.

						.
				5.Review
			(a)Review by
			 inspector generalNot later than 15 months after the date of the
			 enactment of this subsection, the Inspector General of the Department of
			 Transportation shall—
				(1)review the
			 regulations and enforcement practices of the Federal Motor Carrier Safety
			 Administration under section 13904(d) of title 49, United States Code, as added
			 by section 4(a); and
				(2)make any
			 recommendations to the Secretary of Transportation that may be necessary to
			 improve the enforcement of such regulations.
				(b)Security and
			 insurance amount assessmentEvery 5 years, the Administrator of
			 the Federal Motor Carrier Safety Administration shall review, with public
			 notice and comment, the amount of the security and insurance required under
			 section 13904 of title 49, United States Code, to determine whether such
			 amounts are sufficient to provide adequate financial security, and shall be
			 authorized to increase those amounts, if necessary, based upon that
			 determination.
			6.Unlawful
			 brokerage activities
			(a)In
			 generalChapter 149 of title 49, United States Code, is amended
			 by adding at the end the following:

					14916.Unlawful
				brokerage activities
						(a)Prohibited
				activitiesAny person that acts as a broker, other than a
				non-vessel-operating common carrier (as defined in section 40102(16) of title
				46), or an ocean freight forwarder providing brokerage as part of an
				international through movement involving ocean transportation between the
				United States and a foreign port, is prohibited from providing interstate
				brokerage services as a broker unless that person—
							(1)is registered
				under, and in compliance with, section 13903; and
							(2)has satisfied the
				financial security requirements under section 13904.
							(b)Civil penalties
				and private cause of actionAny person who knowingly authorizes,
				consents to, or permits, directly or indirectly, either alone or in conjunction
				with any other person, a violation of subsection (a) is liable—
							(1)to the United
				States Government for a civil penalty in an amount not to exceed $10,000 for
				each violation; and
							(2)to the injured
				party for all valid claims incurred without regard to amount.
							(c)Liable
				partiesThe liability for civil penalties and for claims under
				this section for unauthorized brokering shall apply, jointly and
				severally—
							(1)to any corporate
				entity or partnership involved; and
							(2)to the individual
				officers, directors, and principals of such
				entities.
							.
			(b)Clerical
			 amendmentThe table of sections for chapter 149 of title 49,
			 United States Code, is amended by adding at the end the following:

						14916. Unlawful brokerage
				activities.

					.


I
111th CONGRESS
1st Session
H. R. 1657
IN THE HOUSE OF REPRESENTATIVES

March 19, 2009
Mr. Schrader introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To direct the Secretary of Defense to notify members of the Armed Forces and State military departments of exposure to potentially harmful materials and contaminants.

1.Notification of members of the Armed Forces of exposure to potentially harmful materials and contaminants
(a)Notification requiredIn the case of a member of the Armed Forces who is exposed to a potentially harmful material or contaminant, as determined by the Secretary of Defense, the Secretary shall, as soon as possible, notify the member, and in the case of a member of a reserve component, the State military department of the member, of the member’s exposure to such material or contaminant and any health risks associated with exposure to such material or contaminant.
(b)In-theater notificationIf the Secretary of Defense determines that a member of the Armed Forces has been exposed to a potentially harmful material or contaminant while that member is deployed, the Secretary shall notify the member of such exposure under subsection (a) while that member is so deployed.


		II
		110th CONGRESS
		1st Session
		S. 1483
		IN THE SENATE OF THE UNITED STATES

			May 24, 2007
			Mr. Rockefeller (for
			 himself and Ms. Snowe) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To create a new incentive fund that will encourage States
		  to adopt the 21st Century Skills Framework.

		1.Short
			 titleThis Act may be cited as
			 the 21st Century Skills Incentive Fund
			 Act .
		2.FindingsCongress makes the following
			 findings:
			(1)Students must be
			 prepared in the core subjects of English, reading, mathematics, science,
			 foreign languages, civics, government, economics, art, history, and
			 geography.
			(2)In order for our
			 Nation's students to be prepared to succeed in our communities and workplaces,
			 students need 21st century content, beyond the traditional core subjects, that
			 includes global awareness, financial, economic, business and entrepreneurial
			 literacy, civic literacy, and health and wellness awareness.
			(3)Students need to
			 go beyond just learning today’s academic context to develop critical thinking
			 and problem solving skills, communication skills, creativity and innovation
			 skills, collaboration skills, contextual learning skills, and information and
			 media literacy skills.
			(4)Information and
			 communications technology literacy is the ability to use technology to develop
			 21st century content knowledge and skills, in the content of learning core
			 subjects, and students must be able to use technology to learn content and
			 skills so that the students know how to learn, think critically, solve
			 problems, use information, communicate, innovate, and collaborate.
			(5)Educators need to
			 incorporate life skills into pedagogy, including leadership, ethics,
			 accountability, adaptability, personal productivity, personal responsibility,
			 people skills, self-direction, and social responsibility.
			(6)There needs to be
			 21st century assessments of education that measure the following
			 priorities:
				(A)Core subjects,
			 and 21st century themes.
				(B)Life and career
			 skills.
				(C)Thinking and
			 innovation skills.
				(D)Information media
			 and technology skills.
				3.DefinitionsIn this Act:
			(1)Eligible
			 StateThe term eligible
			 State means a State that—
				(A)develops a
			 comprehensive plan for implementing a statewide 21st Century Skills
			 initiative;
				(B)demonstrates a
			 commitment to advancing 21st Century Skills within—
					(i)standards and
			 assessments;
					(ii)curriculum;
					(iii)professional
			 development; and
					(iv)the learning
			 environment;
					(C)achieves broad
			 support for a statewide 21st Century Skills initiative from among the State’s
			 education leaders (including classroom practitioners), business leaders, and
			 civic leaders; and
				(D)is approved as a
			 21st Century Partner State by the nonprofit, nonpartisan Partnership for 21st
			 Century Skills.
				(2)FundThe
			 term Fund means the 21st Century Skills Incentive Fund established
			 under section 6(a).
			4.Grants
			 authorized
			(a)In
			 generalThe Secretary is authorized to award grants, from amounts
			 available in the Fund, to eligible States having applications approved under
			 section 5 to enable the eligible States to pay the Federal share of the cost of
			 establishing a statewide 21st Century Skills initiative.
			(b)Award
			 ruleThe Secretary shall award grants under this Act on a
			 first-come, first-served basis, so that the grants are awarded—
				(1)to eligible
			 States in the order the Secretary receives approvable applications; and
				(2)in an amount
			 determined on the basis of the amount of the non-Federal share identified, and
			 supported by the information contained, in an approvable application.
				(c)Federal share;
			 non-Federal share
				(1)Federal
			 shareThe Federal share shall be 50 percent.
				(2)Non-Federal
			 shareThe non-Federal share shall be provided from State sources
			 or from foundation sources.
				(d)DurationThe
			 Secretary shall award each grant under this Act for not less than 1 and not
			 more than 3 years.
			(e)Maintenance of
			 effortThe Secretary shall reduce the grant payable to an
			 eligible State under this Act for a fiscal year by the amount, if any, by which
			 the eligible State's expenditures for the activities assisted under the grant
			 for the preceding fiscal year are less than such expenditures for the second
			 fiscal year preceding the fiscal year for which the determination is
			 made.
			(f)Supplement not
			 supplantGrant funds provided under this Act shall be used to
			 supplement and not supplant other State funds expended for activities assisted
			 under this Act.
			5.ApplicationEach eligible State that desires a grant
			 under this Act shall submit an application to the Secretary that—
			(1)describes the 21st Century Skills
			 initiative for which assistance is sought;
			(2)includes evidence
			 that the eligible State has met each of the eligibility criteria described in
			 subparagraphs (A) through (D) of section 3(1);
			(3)includes a
			 description of how the eligible State will provide the non-Federal share of the
			 grant funds; and
			(4)includes a
			 description of how the eligible State will continue to provide the non-Federal
			 share throughout the duration of the grant and the successful statewide
			 implementation of the 21st Century Skills initiative.
			6.21st Century
			 Skills Incentive Fund
			(a)Fund
			 establishedThe Secretary shall establish a 21st Century Skills
			 Incentive Fund.
			(b)DepositsThe
			 Secretary shall deposit into the Fund all amounts appropriated under section
			 8.
			(c)ExpendituresThe
			 Secretary shall use amounts in the Fund to award grants to eligible States in
			 accordance with this Act.
			7.Administrative
			 provisions
			(a)In
			 generalThe Secretary shall
			 administer all aspects of the program assisted under this Act, including
			 determining State eligibility, making grant awards, determining award amounts
			 and duration, and conducting program evaluations.
			(b)EvaluationEach
			 eligible State receiving a grant under this Act—
				(1)shall conduct an
			 evaluation of the 21st Century Skills initiative assisted under this
			 Act;
				(2)shall use the
			 non-Federal share described in section 5(3) to pay the costs of the evaluation;
			 and
				(3)shall submit a
			 copy of the evaluation to the Secretary.
				8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act (other than section
			 7(b))—
			(1)$100,000,000 for
			 fiscal year 2007;
			(2)$100,000,000 for
			 fiscal year 2008; and
			(3)such sums as may
			 be necessary for each of the fiscal years 2009, 2010, and 2011.
			9.Separate
			 percentage limitation for corporate charitable contributions to 21st Century
			 Skills initiatives of eligible States
			(a)In generalSection 170(b) of the Internal Revenue Code
			 of 1986 (related to percentage limitations) is amended by adding at the end the
			 following new paragraph:

					(3)Special rule for corporate contributions to
				21st Century Skills initiatives of eligible States
						(A)In generalIn the case of a corporation which makes a
				21st Century Skills initiative contribution, the limitation under paragraph (2)
				shall apply separately with respect to all such contributions and all other
				charitable contributions.
						(B)21st century skills initiative
				contributionFor purposes of
				this paragraph, the term 21st Century Skills initiative
				contribution means a charitable contribution in cash to an eligible
				State (as defined in section 3(1) of the 21st
				Century Skills Incentive Fund Act) which has a grant application
				approved under section 5 of such
				Act.
						.
			(b)Effective
			 DateThe amendment made by
			 this section shall apply to contributions made after the date of the enactment
			 of this Act.


113 HRES 39 EH: Providing for consideration of the bill (H.R. 325) to ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes.
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
113th CONGRESS
1st Session
H. RES. 39
In the House of Representatives, U. S.,

January 23, 2013

RESOLUTION
Providing for consideration of the bill (H.R. 325) to ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes.

That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 325) to ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes. All points of order against consideration of the bill are waived. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate, with 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means and 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on House Administration; and (2) one motion to recommit with or without instructions.

Karen L. Haas,Clerk.


110 HR 3413 IH: Tribal Labor Sovereignty Act of

U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3413
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Kline of
			 Minnesota (for himself, Mr.
			 McKeon, Mr. Cole of
			 Oklahoma, Mr. Pickering,
			 Mr. Calvert, and
			 Mr. Paul) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To clarify the rights of Indians and Indian tribes on
		  Indian lands under the National Labor Relations Act.

		1.Short titleThis Act may be cited as the
			 Tribal Labor Sovereignty Act of
			 2007.
		2.Definition of
			 employerSection 2 of the
			 National Labor Relations Act (29 U.S.C. 152) is amended—
			(1)in paragraph (2),
			 by inserting or any enterprise or institution owned and operated by an
			 Indian tribe and located on its Indian lands, after subdivision
			 thereof; and
			(2)by adding at the
			 end the following:

					(15)The term
				Indian tribe means any Indian tribe, band, nation, pueblo, or
				other organized group or community which is recognized as eligible for the
				special programs and services provided by the United States to Indians because
				of their status as Indians.
					(16)The term
				Indian means any individual who is a member of an Indian
				tribe.
					(17)The term
				Indian lands means—
						(A)all lands within
				the limits of any Indian reservation;
						(B)any lands title to
				which is either held in trust by the United States for the benefit of any
				Indian tribe or individual or held by any Indian tribe or individual subject to
				restriction by the United States against alienation; and
						(C)any lands in the
				State of Oklahoma that are within the boundaries of a former reservation (as
				defined by the Secretary of the Interior) of a federally recognized Indian
				tribe.
						.


114 S66 IS: To prohibit any regulation regarding carbon dioxide or other greenhouse gas emissions reduction in the United States until China, India, and Russia implement similar reductions.
U.S. Senate
2015-01-07
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.

II114th CONGRESS1st SessionS. 66IN THE SENATE OF THE UNITED STATESJanuary 7, 2015Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo prohibit any regulation regarding carbon dioxide or other greenhouse gas emissions reduction in
			 the United States until China, India, and Russia implement similar
			 reductions.1.Definition of
 AdministratorIn this Act, the term Administrator means the Administrator of the Environmental Protection Agency.2.FindingsCongress finds that—(1)in 1997, the Senate adopted Senate Resolution 98, 105th Congress, agreed to July 25, 1997, which expressed the sense of the Senate that the United States should not accept any agreement that would mandate new commitments to limit or reduce greenhouse gas emissions by developed countries unless the agreement also mandated new specific scheduled commitments to limit or reduce greenhouse gas emissions by developing countries within the same compliance period; and(2)the Administrator continues to move forward with the regulation of carbon dioxide emissions, however, the People’s Republic of China, India, and the Russian Federation do not impose similar regulations on carbon dioxide emissions.3.Carbon dioxide
			 and other greenhouse gas emissions reductions in China, India, and
 RussiaNotwithstanding any other provision of law, the Administrator or the head of any other Federal agency or department shall not regulate or continue to implement or enforce any regulations, proposals, or actions establishing any carbon dioxide or greenhouse gas emissions reductions until the Administrator, the Administrator of the Energy Information Agency, and the Secretary of Commerce certify in writing that—(1)the People’s Republic of China, India, and the Russian Federation have proposed, implemented, and enforced measures requiring carbon dioxide and other greenhouse gas emissions reductions; and(2)the reductions described in paragraph (1) are substantially similar to the carbon dioxide and other greenhouse gas emission reductions proposed by the Administrator or the head of any other Federal agency or department for the United States.4.RepealAny regulation, proposal, or action in effect before, on, or after the date of enactment of this Act, but before the date on which the certification under section 3 is made, that requires any carbon dioxide or other greenhouse gas emissions reduction shall have no force or effect.


I
112th CONGRESS
2d Session
H. R. 5243
IN THE HOUSE OF REPRESENTATIVES

April 27, 2012
Mr. Murphy of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on 2-Phenylphenol sodium salt.

1.2-Phenylphenol sodium salt
(a)In generalHeading 9902.22.10 of the Harmonized Tariff Schedule of the United States (relating to 2-Phenylphenol sodium salt) is amended by striking the date in the effective period column and inserting 12/31/2015.
(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.


		110th CONGRESS
		2d Session
		S. 1703
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To prevent and reduce trafficking in
		  persons.

		1.Short titleThis Act may be cited as the
			 Trafficking in Persons Accountability
			 Act of 2008.
		2.Jurisdiction in
			 certain trafficking offenses
			(a)In
			 generalChapter 77 of title 18, United States Code, is amended by
			 adding at the end the following:

					1596.Additional
				jurisdiction in certain trafficking offenses
						(a)In
				generalIn addition to any
				domestic or extra-territorial jurisdiction otherwise provided by law, the
				courts of the United States have extra-territorial jurisdiction over any
				offense (or any attempt or conspiracy to commit an offense) under section 1581,
				section 1583, section 1584, section 1589, section 1590, or section 1591 of this
				title if—
							(1)an alleged offender is a national of the
				United States or an alien lawfully admitted for permanent residence (as those
				terms are defined in section 101 of the Immigration and Nationality Act (8
				U.S.C. 1101)); or
							(2)an alleged
				offender is present in the United States, irrespective of the nationality of
				the alleged offender.
							(b)Limitation on
				prosecutions of offenses prosecuted in other countriesNo prosecution may be commenced against a
				person under this section if a foreign government, in accordance with
				jurisdiction recognized by the United States, has prosecuted or is prosecuting
				such person for the conduct constituting such offense, except upon the approval
				of the Attorney General or the Deputy Attorney General (or a person acting in
				either such capacity), which function of approval may not be
				delegated.
						.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 77 of
			 title 18, United States Code, is amended by adding at the end the
			 following:

						1596. Additional jurisdiction in certain
				trafficking
				offenses.

					.

			Passed the Senate October 1 (legislative day, September
			 17), 2008.

			Secretary.