94 S2660 IS: Get Toxic Substances Out of Schools Act of 2021
U.S. Senate
2021-08-05
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.

II117th CONGRESS1st SessionS. 2660IN THE SENATE OF THE UNITED STATESAugust 5, 2021Mr. Markey (for himself, Ms. Smith, Mr. Leahy, Mr. Booker, Mr. Van Hollen, Mr. Sanders, Mr. Blumenthal, Ms. Warren, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Toxic Substances Control Act to authorize grants for toxic substances remediation in schools, to reauthorize healthy high-performance schools, and for other purposes.1.Short titleThis Act may be cited as the Get Toxic Substances Out of Schools Act of 2021.2.Grants for toxic substances remediation in schools(a)In generalSection 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is amended—(1)in the section heading, by inserting and Tribal after State;(2)in subsection (a)—(A)by striking the subsection heading and inserting Grants for State and Tribal programs.—;(B)in the first sentence—(i)by inserting and Indian Tribes after grants to States; and(ii)by inserting during the 24-month period beginning on the date on which the grant is made after elimination; and(C)in the second sentence, by inserting or Tribal after State;(3)in subsection (b)(1)—(A)by striking subsection (a) each place it appears and inserting subsection (b) or (d); and(B)in subparagraph (B), by inserting or Indian Tribe after State;(4)by redesignating subsections (a) and (b) as subsections (b) and (c), respectively;(5)by inserting before subsection (b) (as so redesignated) the following:(a)Definition of Indian TribeIn this section, the term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village.; and(6)by adding at the end the following:(d)Grants for toxic substances remediation in schools(1)DefinitionsIn this subsection:(A)Early childhood education programThe term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).(B)Eligible child care providerThe term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)).(C)Eligible facilityThe term eligible facility means—(i)a public school facility operated by a local educational agency;(ii)a facility operated by an early childhood education program; and(iii)a center-based child care facility operated by an eligible child care provider.(D)Environmental concern(i)In generalThe term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A).(ii)InclusionThe term environmental concern includes poor indoor air quality.(E)Local educational agency; State educational agencyThe terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(2)Authorization of grants(A)In generalWithout regard to the ability or likelihood of the Administrator to take action under any other provision of this Act as described in subsection (b), the Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services and in partnership with the Secretary of Labor with respect to the enforcement of applicable labor standards, may provide grants in accordance with this subsection to States and Indian Tribes for the purpose of identifying, preventing, or eliminating risks associated with the presence of a chemical substance or mixture in eligible facilities.(B)Use of grantsA State or Indian Tribe that receives a grant under this subsection shall use the grant funds directly, or provide the grant funds to a local educational agency, for use in—(i)performing inspections, testing, and monitoring for environmental concerns in eligible facilities, including high-hazard chemical products stored or used in the facilities for maintenance or instruction; and(ii)carrying out remediation measures in the eligible facilities, including removal and disposal of environmental concerns and high-hazard chemical products described in clause (i), and improving indoor air quality.(C)National guidanceThe Administrator shall allocate and award grant funds under this subsection to States and Indian Tribes based on national guidance, which the Administrator shall issue.(D)Administrative reservation(i)In generalSubject to clause (ii), the Administrator may reserve not more than 4 percent of the amounts made available for grants under this subsection to provide administrative support for the grants and technical assistance to States and Indian Tribes.(ii)Higher percentageIf the amounts made available to provide grants under this subsection are less than $500,000,000, then the Administrator may reserve more than 4 percent of those amounts to provide administrative support for grants and technical assistance to States and Indian Tribes, as determined necessary by the Administrator.(E)Distribution of grant amounts(i)Geographical distributionTo the extent practicable, the Administrator shall ensure that amounts are distributed under this subsection to geographically diverse locations.(ii)High-poverty schoolsThe Administrator shall take measures to ensure that not less than 50 percent of the amounts distributed under this subsection are used to benefit local educational agencies, early childhood education programs, and eligible child care providers with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).(iii)Tribal set-asideOf the amount made available to provide grants under this subsection for a fiscal year, the Administrator shall reserve 3 percent for purposes of awarding grants under this subsection, in consultation with the Director of the Bureau of Indian Education, to Indian Tribes for use at tribally operated schools.(3)State plansAs part of an application to receive a grant under this subsection, a State shall include a description of the means by which the State plans—(A)to ensure coordinated programmatic and funding efforts across relevant State-level agencies, including State educational agencies and other agencies with expertise in environment, health, and energy; (B)to use the grant funds for the remediation of any toxic substances in—(i)eligible facilities; and(ii)if applicable, educational facilities where juveniles are incarcerated or live as wards of the State;(C)to ensure the health and safety of students and staff during the renovation or modernization of eligible facilities; and(D)to give priority to using the grant funds to improve—(i)eligible facilities of local educational agencies, early childhood education programs, and eligible child care providers with—(I)the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)) in each State; or(II)if applicable, majority Indigenous students; and(ii)eligible facilities that are in areas—(I)adjacent to brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or(II)with poor outdoor air quality.(4)Project labor agreements(A)Definition of project labor agreementIn this paragraph, the term project labor agreement means a pre-hire collective bargaining agreement with 1 or more labor organizations that—(i)establishes the terms and conditions of employment for a specific construction project; and (ii)is an agreement described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)).(B)RequirementA contractor or subcontractor engaging in a construction or remediation project assisted in whole or in part with a grant provided to a State under this subsection and the total cost of which is not less than $25,000,000 shall negotiate or become a party to a project labor agreement for that project with 1 or more labor organizations.(5)Wage rate requirements(A)In generalNotwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded in whole or in part by a grant provided to a State under this subsection shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act).(B)AuthorityWith respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.(6)Occupational health and safetyAny work performed using a grant provided to a State under this subsection shall be governed by a written job-specific abatement plan—(A)containing provisions relating to—(i)environmental compliance;(ii)a health and safety plan; and(iii)health and safety training requirements; and(B)that is stamped by a certified industrial hygienist or similar accredited occupational health and safety professional. (7)Use of American iron, steel, and manufactured products(A)DefinitionsIn this paragraph:(i)Manufactured productThe term manufactured product means any construction material or end product (as those terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including—(I)electrical components; and(II)non-ferrous building materials, including aluminum, polyvinylchloride, glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. (ii)Produced in the United StatesThe term produced in the United States means the following:(I)When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of that product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product.(II)When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for those iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include—(aa)steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; or(bb)steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.(B)RequirementsA State that receives funds under this subsection shall ensure that any iron, steel, and manufactured products used in a project carried out with those funds by a State or local educational agency are produced in the United States.(C)Waiver authority(i)In generalThe Administrator may waive the requirement under subparagraph (B) if the Administrator determines that—(I)applying the requirement would be inconsistent with the public interest;(II)iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality; or(III)using iron, steel, and manufactured products produced in the United States will increase the cost of the applicable overall project by more than 25 percent.(ii)PublicationBefore issuing a waiver under clause (i), the Administrator shall publish in the Federal Register a detailed written explanation of the waiver determination.(D)Consistency with international agreementsThis paragraph shall be applied in a manner consistent with the obligations of the United States under international agreements.(8)Workforce development(A)DefinitionsIn this paragraph:(i)Apprenticeship utilization requirementThe term apprenticeship utilization requirement means the use of qualified apprentices in accordance with the following:(I)In the case of a project advertised for bid during the period beginning on October 1, 2021, and ending on September 30, 2022, all specifications shall require that not less than 10 percent of the labor hours be performed by qualified apprentices.(II)In the case of a project advertised for bid during the period beginning on October 1, 2022, and ending on September 30, 2023, all specifications shall require that not less than 12 percent of the labor hours be performed by qualified apprentices. (III)In the case of a project advertised for bid on or after October 1, 2023, all specifications shall require that not less than 15 percent of the labor hours be performed by qualified apprentices. (ii)ContractorThe term contractor means a general contractor or other lead or prime contractor on a construction project carried out using a grant under this subsection.(iii)Labor hours(I)In generalThe term labor hours means the total number of hours devoted to the performance of construction activities (as defined in sector 23 of the North American Industry Classification System) with respect to a construction project carried out using a grant under this subsection by employees of the contractor and subcontractors.(II)ExclusionsThe term labor hours excludes hours worked by a foreman, superintendent, owner, or other person who is—(aa)an employee employed in a bona fide executive capacity (as defined in section 541.100 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this subsection));(bb)an employee employed in a bona fide administrative capacity (as defined in section 541.200 of that title); or(cc)an employee employed in a bona fide professional capacity (as defined in section 541.300 of that title).(iv)Qualified apprenticeThe term qualified apprentice means an employee participating in a registered apprenticeship program (as defined under the Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (commonly known as the National Apprenticeship Act)), that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (v)SubcontractorThe term subcontractor means any person or company, at any tier, that performs some or all of the obligations of the contractor.(B)RequirementEach contractor and subcontractor engaged in the performance of construction, alteration, or repair work on a project funded in whole or in part by a grant under this subsection shall, collectively, meet or exceed the apprenticeship utilization requirement applicable to the project, subject to the condition that the apprenticeship utilization requirement shall comply with the apprentice to journeyworker ratios established by the Secretary of Labor or the applicable State apprenticeship agency.(C)ParticipationEach contractor and subcontractor who employs 4 or more workers to perform construction activities (as defined in sector 23 of the North American Industry Classification System) on a project funded in whole or in part by a grant under this subsection shall employ 1 or more qualified apprentices for the purpose of meeting the apprenticeship utilization requirement applicable to that project.(D)Waivers(i)In generalThe Secretary of Labor, in consultation with the Administrator, may, on request of a State that receives a grant under this subsection, waive or adjust any requirements of subparagraphs (B) and (C) for a specific project, if the State provides documentary evidence of—(I)a demonstrated lack of availability of qualified apprentices in the applicable geographic area in which the project is carried out; and(II)a good faith effort on the part of the State and the contractor and subcontractors carrying out the project to comply with the requirements.(ii)DisclosureA waiver or an adjustment under clause (i) and the rationale of the Administrator for granting the waiver or adjustment—(I)shall be publicly available; and (II)shall not be exempt from disclosure under section 552(b) of title 5, United States Code. (E)Reporting(i)Information relating to qualified apprentices(I)In generalDuring the period in which a project carried out using a grant under this subsection is ongoing, the contractor shall include with each payment application to the State a report containing a description of—(aa)the name and apprentice registration or identification number of each qualified apprentice employed on the project;(bb)the number of qualified apprentices and labor hours worked by those qualified apprentices on the project, categorized by trade or craft; and(cc)the number of journey level workers and labor hours worked by those journey level workers on the project, categorized by trade or craft.(II)Submission to Secretary of Labor and AdministratorEach report described in subclause (I) shall be submitted to the Secretary of Labor and the Administrator at such time and in such manner as the Secretary of Labor or the Administrator may prescribe by guidance.(ii)Maintenance of reports and recordsA State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall maintain all reports and personnel records relating to the requirements of this paragraph for a period of at least 3 years after final completion of the work for the project.(iii)Submission to Administrator(I)In generalA State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall immediately submit, on request of the Administrator, any information, report, or record described in clauses (i) and (ii).(II)EnforcementIf the Administrator determines that a State, contractor, or subcontractor has failed to submit any information, report, or record under subclause (I), the State shall repay to the Administrator the amount of the applicable grant under this subsection.(F)PreemptionNothing in this paragraph preempts any applicable State or local law or policy that provides for additional skilled and trained workforce requirements on construction projects.(9)Federal share(A)In generalSubject to subparagraph (B), the Federal share of the cost of activities funded by a grant under this subsection shall be not more than 75 percent of the total project costs during the period for which the grant is made.(B)WaiverThe Administrator may increase the Federal share under subparagraph (A) to not more than 100 percent if the Administrator determines that a recipient of the grant funds is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.(10)Eligibility for performance partnership grantsFunds awarded under this subsection may be included in a performance partnership grant in lieu of a grant under this subsection, as the Administrator determines to be appropriate.(11)Grantee data collection and reportingA State or Indian Tribe that receives a grant under this subsection shall submit to the Administrator an annual report describing—(A)the amount of the grant funds that were used for the activities described in clauses (i) and (ii) of paragraph (2)(B) during the previous year; (B)the amount of the grant funds that were used for projects at high-poverty schools; and (C)any inspections, testing, and monitoring performed, and remediation measures carried out, during the previous year using the grant, including the number of schools and the number of students that were directly served. (12)Reports(A)In generalNot later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Administrator shall—(i)prepare a report, based on data submitted to the Administrator under paragraph (11), describing the results of the grant program under this subsection, including a description of—(I)the States and Indian Tribes that were awarded a grant under this subsection; and(II)the activities for which the States and Indian Tribes described in subclause (I) used the grant;(ii)submit the report to—(I)the Committee on Environment and Public Works of the Senate;(II)the Committee on Health, Education, Labor, and Pensions of the Senate;(III)the Committee on Energy and Commerce of the House of Representatives; and (IV)the Committee on Education and Labor of the House of Representatives; and(iii)make the report publicly available on the website of the Environmental Protection Agency in each major language spoken in each school district that has benefitted from grant funding under this subsection.(B)Period coveredA report prepared under subparagraph (A) shall cover—(i)in the case of the initial report, the period beginning on the date of enactment of this subsection and ending on the date of submission of the report; and(ii)in the case of each report thereafter, the 2-year period preceding the date of submission of the report.(13)Savings clauseThe ability of an Indian Tribe to receive a grant under this subsection does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding.(14)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $5,200,000,000 for each of fiscal years 2022 through 2032..(b)Clerical amendmentThe table of contents for the Toxic Substances Control Act (Public Law 94–469; 90 Stat. 2003) is amended by striking the item relating to section 28 and inserting the following:Sec. 28. State and Tribal programs..3.Reauthorization of healthy high-performance schools(a)Grants for healthy school environmentsSection 501 of the Toxic Substances Control Act (15 U.S.C. 2695) is amended to read as follows:501.Grants for healthy school environments(a)DefinitionsIn this section:(1)Early childhood education programThe term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).(2)Eligible child care providerThe term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)).(3)Eligible facilityThe term eligible facility means—(A)a public school facility operated by a local educational agency;(B)a facility operated by an early childhood education program; and(C)a center-based child care facility operated by an eligible child care provider.(4)Environmental concern(A)In generalThe term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A).(B)InclusionThe term environmental concern includes poor indoor air quality.(5)Indian TribeThe term Indian Tribe has the meaning given the term in section 28(a).(6)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(b)Authorization of grantsThe Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services, may provide grants to States and Indian Tribes for use in—(1)providing technical assistance to local educational agencies, early childhood education programs, and eligible child care providers in addressing environmental concerns in eligible facilities; and(2)the development of State and Tribal programs to support the remediation of toxic substances in eligible facilities that include—(A)standards for the planning, design, construction, management, and renovation of the eligible facilities;(B)the identification of—(i)ongoing environmental problems, including environmental concerns, in the eligible facilities; and (ii)recommended solutions to address those problems, including assessment of information on the exposure of children to environmental hazards in eligible facilities; and(C)the development of State-level or Tribal interagency memoranda of understanding for the implementation of programs described in this paragraph.(c)Savings clauseThe ability of an Indian Tribe to receive a grant under this section does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding..(b)Public outreachSection 503 of the Toxic Substances Control Act (15 U.S.C. 2695b) is amended—(1)in subsection (a), by striking , until the expiration of authority described in section 501(b); and(2)by adding at the end the following:(c)Outreach to States and Indian Tribes(1)DefinitionsIn this section, the terms eligible facility, environmental concern, and Indian Tribe have the meanings given those terms in section 501(a).(2)OutreachThe Administrator shall—(A)carry out periodic outreach to States and Indian Tribes to make available information relating to—(i)the exposure of children to environmental hazards in eligible facilities;(ii)regulations and guidelines applicable to identifying, remediating, and monitoring environmental hazards in eligible facilities; and (iii)other materials that may assist States and Indian Tribes in addressing environmental concerns, including high-hazard chemical products stored or used by eligible facilities for maintenance or instruction; and(B)facilitate the biannual convening at the regional or national level of school stakeholders, including parents, child health experts, researchers, nonprofit organizations, child care providers, States, and Indian Tribes that receive grants under sections 28(d) and 501 to meet with employees of the Environmental Protection Agency and other Federal agencies to discuss topics relating to—(i)the environmental health of children at eligible facilities; and (ii)the prevention, identification, remediation, and monitoring of contaminants in indoor air and other environmental health risks and threats relating to buildings and grounds of eligible facilities..(c)Environmental health programSection 504 of the Toxic Substances Control Act (15 U.S.C. 2695c) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by inserting and not less frequently than once every 10 years thereafter, after section,;(B)in paragraph (3)(A)—(i)by redesignating clauses (v) through (vii) as clauses (vii) through (ix), respectively; and(ii)by inserting after clause (iv) the following:(v)polychlorinated biphenyls;(vi)perfluoroalkyl and polyfluoroalkyl substances;;(C)in paragraph (6), by striking and at the end;(D)in paragraph (7), by striking the period at the end and inserting a semicolon; and(E)by adding at the end the following:(8)provides technical assistance on best practices for the removal, remediation, and disposal of lead, asbestos, polychlorinated biphenyls, and other hazardous substances; and(9)collects an inventory of schools affected by lead, asbestos, polychlorinated biphenyls, and other hazardous substances.; and(2)by striking subsection (b) and inserting the following:(b)Public availability of informationTo the maximum extent practicable, based on data submitted to the Administrator under section 28(d)(11) and any additional data reported under section 503(a), the Administrator shall make publicly available—(1)information relating to the exposure of children to environmental hazards in school facilities, including relating to indoor air quality; and(2)an inventory of schools in which hazardous substances have been found, particularly hazardous substances with the highest prevalence and harm, such as lead, asbestos, and polychlorinated biphenyls..(d)Authorization of appropriationsSection 505 of the Toxic Substances Control Act (15 U.S.C. 2695d) is amended by striking There are authorized and all that follows through 2013 and inserting There is authorized to be appropriated to carry out this title $10,000,000 for each of fiscal years 2022 through 2032.


110 HR 2186 IH: To provide for the conveyance of National Forest System

U.S. House of Representatives
2007-05-07
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.

		I
		110th CONGRESS
		1st Session
		H. R. 2186
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2007
			Mr. Alexander
			 introduced the following bill; which was referred to the
			 Committee on
			 Agriculture

		A BILL
		To provide for the conveyance of National Forest System
		  land in the State of Louisiana.

		1.Findings and
			 definitions
			(a)FindingCongress finds it in the public interest to
			 authorize the sale of certain Federally owned land in the Kisatchie National
			 Forest in Louisiana for market value consideration.
			(b)
			 DefinitionsAs used in this Act:
				(1)The term Collins Camp
			 Properties means Collins Camp Properties, Incorporated, a corporation
			 existing under the laws of the State of Louisiana.
				(2)The term Secretary means the
			 Secretary of Agriculture.
				2.Authorization to
			 sell land
			(a)AuthorizationSubject
			 to valid existing rights and subsection (b), the Secretary is authorized to
			 sell by quitclaim deed the following lands in the State of Louisiana at public
			 or private sale, including by competitive sale by auction, bid or
			 otherwise:
				(1)All Federally
			 owned lands within section 9, Township 10 North, Range 5 West, in Winn Parish,
			 Louisiana.
				(2)A
			 parcel of land consisting of 2.16 acres situated in the SW¼ of section 4,
			 Township 10 North, Range 5 West, Winn Parish, Louisiana, as more specifically
			 depicted on a certificate of survey dated March 7, 2007, by Glen L. Cannon,
			 P.L.S. 4436.
				(b)First right of
			 purchaseSubject to valid existing rights and the provisions of
			 section 4, for a period of one year after the date of enactment of this Act,
			 upon tender of consideration from the Collins Camp Properties, the Secretary
			 shall sell and quitclaim to said corporation all right, title and interest of
			 the United States in—
				(1)up to 47.92 acres
			 within section 9, Township 10 North, Range 5 West, in Winn Parish, Louisiana,
			 as generally depicted on a certificate of survey dated February 28, 2007, by
			 Glen L. Cannon, P.L.S. 4436, said land comprising the Collins Campsites;
			 and
				(2)the 2.16 acres
			 described in subsection (a)(2).
				(c)Terms and
			 conditionsThe Secretary may configure the lands to maximize
			 marketability or achieve management objectives, and may prescribe such terms
			 and conditions on the land sales authorized by this Act as the Secretary deems
			 in the public interest.
			(d)ConsiderationLand
			 sales authorized by this Act shall be for cash consideration equal to the
			 market value of the land.
			(e)market
			 valueThe market value of the land sold under this Act shall be
			 as determined by an appraisal approved by the Secretary and done in conformity
			 with the Uniform Appraisal Standards for Federal Land Acquisitions; or, if sold
			 by means other than that provided in subsection (b), market value may be
			 determined by competitive sale.
			(f)Hazardous
			 substances(1)In any disposal of lands
			 authorized by this Act, the Secretary shall meet disclosure requirements for
			 hazardous substances, but shall otherwise not be required to remediate or abate
			 those substances.
				(2)Nothing in this section shall
			 otherwise affect the application of the Comprehensive Environmental Response,
			 Compensation and Liability Act (CERCLA, 42 U.S.C. 9601, and
			 following) to conveyances of lands out of Federal ownership.
				3.Proceeds from the
			 sale of land
			(a)Deposit of
			 receiptsThe consideration received by the Secretary for the sale
			 of land under this Act shall be deposited into the account in the Treasury of
			 the United States established by Public Law 90–171 (commonly known as the Sisk
			 Act; 16 U.S.C. 484a).
			(b)Use of
			 fundsMonies deposited pursuant to subsection (a) shall be
			 available to the Secretary until expended, without further appropriation, for
			 the acquisition of lands and interests in land in the Kisatchie National Forest
			 in Louisiana.
			4.Miscellaneous
			 provisions
			(a)CostsThe
			 Secretary shall require the Collins Camp Properties to pay at closing the
			 reasonable costs of appraisal and any administrative and environmental analyses
			 required by law or regulation.
			(b)PermitsAn
			 offer by Collins Camp Properties shall be accompanied by written statements
			 from holders of Forest Service special use authorizations agreeing to
			 relinquish their authorizations upon a sale to Collins Camp Properties. For any
			 holder not providing such written authorization, the Secretary shall require
			 the Collins Camp Properties to administer such authorization according to its
			 terms until the date of expiration.


116 HR 5344 IH: Preventing Radical Extremist’s Violent Endeavors Now and Tomorrow Act of 2019
U.S. House of Representatives
2019-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5344IN THE HOUSE OF REPRESENTATIVESDecember 6, 2019Mr. Aguilar introduced the following bill; which was referred to the Committee on Homeland SecurityA BILLTo amend the Homeland Security Act of 2002 to provide support to State and local governments in
			 their efforts to counter violent extremist threats, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Preventing Radical Extremist’s Violent Endeavors Now and Tomorrow Act of 2019 or the PREVENT Act of 2019. 2. Support to State and Local Governments in their efforts to counter violent extremist threatsSubsection (b) of section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended—
 (1)in paragraph (3), by striking and after the semicolon at the end; (2)in paragraph (4), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following new paragraph:  (5)for the purposes of countering violent extremist threats—
 (A)provide training from specially trained clinical social workers, psychologists, religious leaders, community leaders, and law enforcement personnel, to assist local efforts at securing the homeland; and
 (B)in coordination with the Federal Bureau of Investigation, provide to State and local governments specialists, analysts, and agents trained to counter terrorism and White nationalism to assist, in the manner and degree necessary, local efforts at responding to such threats..


116 S4433 : National Medal of Honor Monument Act
U.S. Senate
2020-10-01
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.

II116th CONGRESS2d SessionS. 4433IN THE SENATE OF THE UNITED STATESAugust 4, 2020Mr. Cornyn (for himself, Mr. Kaine, Mr. Grassley, and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryOctober 1, 2020 Committee discharged; referred to the Committee on Energy and Natural ResourcesA BILLTo authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.1.Short titleThis Act may be cited as the National Medal of Honor Monument Act.2.Authorization to establish commemorative work(a)In generalThe National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (b)Compliance with standards for commemorative worksThe establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act).(c)Prohibition on the use of federal funds(1)In generalFederal funds may not be used to pay any expense of the establishment of the commemorative work under this section.(2)Responsibility of the national medal of honor museum foundationThe National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.(d)Deposit of excess funds(1)In generalIf, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title.(2)On expiration of authorityIf, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section.


 S3029 ENR: Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act of 2018
U.S. Senate

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.

One Hundred Fifteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and
			 eighteenS. 3029IN THE SENATE OF THE UNITED STATESAN ACTTo revise and extend the Prematurity Research Expansion and Education for Mothers who deliver
			 Infants Early
 Act (PREEMIE Act).1.Short titleThis Act may be cited as the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act of 2018 or the PREEMIE Reauthorization Act of 2018.2.Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm
 and low birthweight infantsSection 2 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f) is amended—(1)in subsection (b)—(A)in paragraph (1)(A), by striking clinical, biological, social, environmental, genetic, and behavioral factors relating and inserting factors relating to prematurity, such as clinical, biological, social, environmental, genetic, and behavioral factors, and other determinants that contribute to health disparities and are related; and(B)in paragraph (2), by striking  concerning the progress and any results of studies conducted under paragraph (1) and inserting regarding activities and studies conducted under paragraph (1), including any applicable analyses of preterm birth. Such report shall be posted on the Internet website of the Department of Health and Human Services.;(2)by striking subsection (c) and inserting the following:(c)Pregnancy risk assessment monitoring surveyThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall—(1)continue systems for the collection of maternal-infant clinical and biomedical information, including electronic health records, electronic databases, and biobanks, to link with the Pregnancy Risk Assessment Monitoring System (PRAMS) and other epidemiological studies of prematurity in order to track, to the extent practicable, all pregnancy outcomes and prevent preterm birth; and(2)provide technical assistance, as appropriate, to support States in improving the collection of information pursuant to this subsection.; and(3)in subsection (e), by striking except for subsection (c), $1,880,000 for each of fiscal years 2014 through 2018 and inserting $2,000,000 for each of fiscal years 2019 through 2023.3.Public and health care provider education and support servicesSection 399Q of the Public Health Service Act (42 U.S.C. 280g–5) is amended—(1)in subsection (a)—(A)by striking conduct demonstration projects and inserting conduct activities, which may include demonstration projects; and(B)by striking for babies born preterm and inserting mothers of infants born preterm, and infants born preterm, as appropriate; and(2)in subsection (b)—(A)in the matter preceding paragraph (1), by striking under the demonstration project;(B)in paragraph (1)—(i)in the matter preceding subparagraph (A), by striking programs to test and evaluate various strategies to provide and inserting programs, including those to test and evaluate strategies, which, in collaboration with States, localities, tribes, and community organizations, support the provision of;(ii)by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively;(iii)by inserting after subparagraph (A), the following:(B)evidence-based strategies to prevent preterm birth and associated outcomes;;(iv)in subparagraph (C), as so redesignated, by inserting , and the risks of non-medically indicated deliveries before full term before the semicolon;(v)in subparagraph (D), as so redesignated—(I)in clause (ii), by inserting intake before the semicolon;(II)in clause (iii), by striking and at the end;(III)by redesignating clause (iv) as clause (vii); and(IV)by inserting after clause (iii), the following:(iv)screening for and treatment of substance use disorders;(v)screening for and treatment of maternal depression;(vi)maternal immunization; and;(vi)in subparagraph (E), as so redesignated, by adding and after the semicolon;(vii)in subparagraph (F), as so redesignated, by striking ; and and inserting a period; and(viii)by striking subparagraph (G), as so redesignated; and(C)in paragraph (2), by inserting , as well as prevention of a future preterm birth before the semicolon.4.Advisory Committee on Maternal and Infant HealthSection 104(b) of the PREEMIE Reauthorization Act (42 U.S.C. 247b–4f note) is amended—(1)in paragraph (2)—(A)in the matter preceding subparagraph (A), by striking and recommendations to the Secretary concerning the following activities and inserting , recommendations, or information to the Secretary as may be necessary to improve activities and programs to reduce severe maternal morbidity, maternal mortality, infant mortality, and preterm birth, which may include recommendations, advice, or information related to the following;(B)in subparagraph (A), by striking and improving the health status of pregnant women and infants and inserting , preterm birth, and improving the health status of pregnant women and infants, and information on cost-effectiveness and outcomes of such programs;(C)in subparagraph (C), by striking Implementation of the and inserting The; and(D)by striking subparagraph (D) and inserting the following:(D)Implementation of Healthy People objectives related to maternal and infant health.(E)Strategies to reduce racial, ethnic, geographic, and other health disparities in birth outcomes, including by increasing awareness of Federal programs related to appropriate access to, or information regarding, prenatal care to address risk factors for preterm labor and delivery.(F)Strategies, including the implementation of such strategies, to address gaps in Federal research, programs, and education efforts related to the prevention of severe maternal morbidity, maternal mortality, infant mortality, and other adverse birth outcomes.;(2)by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and(3)by adding at the end the following:(4)Biennial reportNot later than 1 year after the date of enactment of the PREEMIE Reauthorization Act of 2018, and every 2 years thereafter, the Advisory Committee shall—(A)publish a report summarizing activities and recommendations of the Advisory Committee since the publication of the previous report;(B)submit such report to the Secretary and the appropriate Committees of Congress; and(C)post such report on the Internet website of the Department of Health and Human Services..5.Interagency working group(a)In generalThe Secretary of Health and Human Services, in collaboration with other departments, as appropriate, may establish an interagency working group in order to improve coordination of programs and activities to prevent preterm birth, infant mortality, and related adverse birth outcomes.(b)DutiesThe working group established under subsection (a) shall—(1)identify gaps, unnecessary duplication, and opportunities for improved coordination in Federal programs and activities related to preterm birth and infant mortality;(2)assess the extent to which the goals and metrics of relevant programs and activities within the Department of Health and Human Services, and, as applicable, those in other departments, are aligned; and(3)assess the extent to which such programs are coordinated across agencies within such Department; and(4)make specific recommendations, as applicable, to reduce or minimize gaps and unnecessary duplication, and improve coordination of goals, programs, and activities across agencies within such Department.(c)ReportNot later than 1 year after the date on which the working group is established under subsection (a), the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the findings of the working group under subsection (b) and the specific recommendations to improve Federal programs at the Department of Health and Human Services under subsection (b)(4).Speaker of the House of RepresentativesVice President of the United States and President of the Senate


109 HR 1147 IH: Public Safety Officer Protection Act of 2005
U.S. House of Representatives
2005-03-08
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.

I
109th CONGRESS
1st Session
H. R. 1147
IN THE HOUSE OF REPRESENTATIVES

March 8, 2005
Mr. Baca introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide benefits to public safety officers who die or become disabled as a result of certain injuries.

1.Short titleThis Act may be cited as the Public Safety Officer Protection Act of 2005.
2.Benefits for certain injuriesSubpart 1 of part L of the title I of the Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796 et seq.) is amended by adding at the end the following:

1206.Benefits for certain injuriesNotwithstanding the rules and regulations issued pursuant to this subpart, if a public safety officer develops cancer and either dies or becomes permanently and totally disabled as a result of the cancer, such officer’s death or disability shall be presumed to be the direct and proximate result of a personal injury sustained in the line of duty. An officer described in the preceding sentence or such officer’s family, as the case may be, shall be eligible for benefits under this subpart..


113 HR 3376 IH: Fairness for Lost Coverage Act of 2013
U.S. House of Representatives
2013-10-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
1st Session
H. R. 3376
IN THE HOUSE OF REPRESENTATIVES

October 29, 2013
Mr. Long (for himself, Mr. Meehan, Mr. Calvert, and Mr. Bachus) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To provide a 12-month exemption from the health insurance mandate for individuals whose employer-sponsored health plan coverage or individual health insurance coverage is terminated for a plan year beginning during 2014, and for other purposes.

1.Short titleThis Act may be cited as the Fairness for Lost Coverage Act of 2013.
2.12-month exemption from ACA mandate for individuals who lose health plan or insurance coverage for the plan year beginning during 2014
(a)In generalNotwithstanding any other provision of law, in the case of an applicable individual (as defined in subsection (b)), none of the 12 months beginning with the first month of the loss of coverage described in subsection (b)(2) shall be taken into account in applying section 5000A of the Internal Revenue Code of 1986.
(b)Applicable individual definedIn subsection (a), the term applicable individual means an individual who—
(1)has coverage (whether as a principal or dependent of another individual) under an employer-sponsored health plan or individual health insurance coverage for the last month of a plan year beginning during 2013; and
(2)loses such coverage beginning with the first month of the subsequent plan year because of the termination of such plan or insurance coverage and not because of the termination or change of employment of the individual or the individual’s failure to pay premiums or other reasons within the control of the individual.


110 HR 531 IH: Retirement Security Education Act of

U.S. House of Representatives
2007-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 531
		IN THE HOUSE OF REPRESENTATIVES

			January 17, 2007
			Mr. Lynch introduced
			 the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To establish a grant program to enhance the financial and
		  retirement literacy of mid-life and older Americans and to reduce financial
		  abuse and fraud among such Americans, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Retirement Security Education Act of
			 2007.
		2.FindingsCongress finds the following:
			(1)Improving
			 financial literacy is a critical and complex task for Americans of all
			 ages.
			(2)Low levels of
			 savings and high levels of personal and real estate debt are serious problems
			 for many households nearing retirement. Personal savings rates have fallen to a
			 dangerously low 2 percent.
			(3)Approximately half
			 of working Americans have any form of pension coverage. Today, just 21 percent
			 of workers have defined benefit coverage and just 27 percent of workers are
			 enrolled in 401(k)s.
			(4)Because women have
			 longer life expectancies, the number of poor older women is more than twice the
			 number of poor older men. Studies have also found that there is a substantial
			 gender gap in all sources of retirement income including Social Security,
			 pensions, savings and earnings from post-retirement employment.
			(5)The more limited
			 time frame that mid-life and older individuals and families have to assess the
			 realities of their individual circumstances, to recover from counter-productive
			 choices and decision-making processes, and to benefit from more informed
			 financial practices, has immediate impact and near term consequences for
			 Americans nearing or of retirement age.
			(6)Research indicates
			 that there are now 4 basic sources of retirement income security. Those sources
			 are social security benefits, pensions and savings, healthcare insurance
			 coverage, and, for an increasing number of older individuals, necessary
			 earnings from working during retirement years.
			(7)The Congressional
			 Budget Office has found that about a quarter of baby-boomer households have so
			 far failed to accumulate significant savings and that they appear likely to
			 depend entirely on government benefits in retirement.
			(8)Over the next 30
			 years, the number of older individuals in the United States is expected to
			 double, from 35,000,000 to nearly 75,000,000, and long-term care costs are
			 expected to skyrocket.
			(9)Over the next 25
			 years, the number of individuals over 65 years of age requiring long term care
			 services is expected to double to approximately 12 million.
			(10)Fraud against
			 older individuals, including telemarketing schemes, predatory lending, identity
			 theft and Internet fraud has risen dramatically.
			3.Grant program to
			 enhance financial and retirement literacy and reduce financial abuse and fraud
			 among mid-life and older Americans
			(a)AuthorityThe
			 Secretary is authorized to award grants to eligible entities to provide
			 financial education programs to mid-life and older individuals who reside in
			 local communities in order to—
				(1)enhance and promote
			 knowledge of financial issues, long-term care, and retirement issues among such
			 individuals; and
				(2)reduce financial
			 abuse and fraud, including telemarketing, mortgage, and pension fraud, among
			 such individuals.
				(b)Eligible
			 EntitiesAn entity is eligible to receive a grant under this
			 section if such entity is—
				(1)a
			 State agency or area agency on aging; or
				(2)a
			 non-profit organization organized under section 501(c)(3) of the Internal
			 Revenue Code with a proven record of providing—
					(A)services to
			 mid-life and older individuals;
					(B)consumer awareness
			 programs; or
					(C)supportive
			 services to low-income families.
					(c)ApplicationAn
			 eligible entity desiring a grant under this section shall submit an application
			 to the Secretary in such form and containing such information as the Secretary
			 may require, including a plan for continuing the programs provided with grant
			 funds under this section after the grant expires.
			(d)Limitation on
			 Administrative CostsA recipient of a grant under this section
			 may not use more than 4 percent of the total amount of the grant in each fiscal
			 year for the administrative costs of carrying out the programs provided with
			 grant funds under this section.
			(e)Evaluation and
			 Report
				(1)Establishment of
			 performance measuresThe Secretary shall develop measures to
			 evaluate the programs provided with grant funds under this section.
				(2)Evaluation
			 according to performance measuresApplying the performance
			 measures developed under paragraph (1), the Secretary shall evaluate the
			 programs provided with grant funds under this section in order to—
					(A)judge the
			 performance and effectiveness of such programs;
					(B)identify which
			 programs represent the best practices of entities developing such programs for
			 mid-life and older individuals; and
					(C)identify which
			 programs may be replicated.
					(3)Annual
			 reportsFor each fiscal year in which a grant is awarded under
			 this section, the Secretary shall submit a report to Congress containing a
			 description of the status of the grant program under this section, a
			 description of the programs provided with grant funds under this section, and
			 the results of the evaluation of such programs under paragraph (2).
				4.National training
			 and technical assistance program
			(a)AuthorityThe
			 Secretary is authorized to award a grant to 1 or more eligible entities
			 to—
				(1)create and make
			 available instructional materials and information that promote financial
			 education; and
				(2)provide training
			 and other related assistance regarding the establishment of financial education
			 programs to eligible entities awarded a grant under section 3.
				(b)Eligible
			 EntitiesAn entity is eligible to receive a grant under this
			 section if such entity is a nonprofit organization organized under Section
			 501(c)(3) of the Internal Revenue Code with substantial experience in the field
			 of financial education.
			(c)ApplicationAn
			 eligible entity desiring a grant under this section shall submit an application
			 to the Secretary in such form and containing such information as the Secretary
			 may require.
			(d)Basis and
			 TermThe Secretary shall award a grant under this section on a
			 competitive, merit basis.
			5.Sense of
			 CongressIt is the sense of
			 Congress that, in providing assistance under this Act, the Secretary should
			 place a high priority on the provision of such assistance to organizations that
			 have demonstrated experience in providing financial education to older
			 women.
		6.DefinitionsIn this Act:
			(1)area agency on
			 agingThe term area agency on aging has the meaning
			 given such term in section 102 of the Older
			 Americans Act of 1965 (42 U.S.C. 3002).
			(2)Financial
			 educationThe term financial education means
			 education that promotes an understanding of consumer, economic, and personal
			 finance concepts, including saving for retirement, long-term care, and estate
			 planning and education on predatory lending, identity theft, and financial
			 abuse schemes.
			(3)Mid-life
			 individualThe term mid-life individual means an
			 individual aged 45 to 64 years.
			(4)Older
			 individualThe term older individual means an
			 individual aged 65 or older.
			(5)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
			(6)State
			 agencyThe term State agency has the meaning given
			 such term in section 102 of the Older Americans
			 Act of 1965 (42 U.S.C. 3002).
			7.Authorization of
			 appropriations
			(a)AuthorizationThere
			 is authorized to be appropriated to carry out this Act, $100,000,000 for each
			 of the fiscal years 2008 through 2012.
			(b)Limitation on
			 Funds for Evaluation and ReportThe Secretary may use to carry
			 out section 3(e) not more than $200,000 of the amount appropriated under
			 subsection (a) for each fiscal year.
			(c)Limitation on
			 Funds for Training and Technical AssistanceThe Secretary shall
			 use to carry out section 4 not less than 5 percent, and not more than 10
			 percent, of the amount appropriated under subsection (a) for each fiscal
			 year.


		I
		112th CONGRESS
		2d Session
		H. R. 5426
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Huelskamp
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain
		  footwear.

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

								9902.01.00Tennis shoes, basketball shoes, gym shoes, training shoes, and
						the like, the foregoing with outer soles of rubber or plastics (provided for in
						subheading (provided for in subheading 6402.99.31)FreeNo
						changeNo changeOn or before 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.


		II

		109th CONGRESS

		2d Session

		S. 2664

		IN THE SENATE OF THE UNITED STATES

			April 27, 2006

			Mr. Baucus (for himself,

			 Mrs. Lincoln, and

			 Mr. Conrad) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend title XVIII of the Social Security Act to

		  improve access to pharmacies under part D.

		1.Short

			 titleThis Act may be cited as

			 the Pharmacy Access Improvement

			 (PhAIm) Act of 2006.

		2.Strengthening

			 standards for access to pharmacies

			(a)In

			 generalSection

			 1860D–4(b)(1)(C) of the Social Security Act (42 U.S.C. 1395w–104(b)(1)(C)) is

			 amended—

				(1)in clause

			 (i)—

					(A)by inserting

			 that are accessible to the general public (not including closed

			 pharmacies, such as pharmacies that dispense drugs by mail order only or are

			 located in a hospital or nursing home, except that a closed pharmacy shall be

			 included if the pharmacy is operated by the Indian Health Service, an Indian

			 tribe or tribal organization, or an urban Indian organization (as defined in

			 section 4 of the Indian Health Care Improvement Act)) after

			 sufficient number of pharmacies; and

					(B)by striking

			 (other than by mail order); and

					(2)in clause (ii),

			 by adding at the end the following new sentence: If the PDP sponsor of a

			 prescription drug plan designates in-network pharmacies as either preferred or

			 non-preferred pharmacies (or any designation other than preferred or any other

			 distinction between or among pharmacies with respect to participation status),

			 only in-network preferred pharmacies shall be counted in determining if the

			 requirements of such rules are met..

				(b)Expanding

			 participation by any willing pharmacySection 1860D–4(b)(1)(A) of

			 the Social Security Act (42 U.S.C. 1395w–104(b)(1)(A)) is amended—

				(1)by striking

			 Pharmacy.—A prescription drug plan and

			 inserting “Pharmacy.—

						(i)In

				generalSubject to clause (ii), a prescription drug

				plan

						;

				(2)in clause (i), as

			 added by paragraph (1), by adding at the end the following new sentence:

			 A previous refusal by a pharmacy of an offer to participate, or the

			 expiration of such an offer, shall not be grounds to exclude a pharmacy from

			 participation under this subparagraph.; and

				(3)by adding at the

			 end the following new clause:

						(ii)Participation

				of 340B entities

							(I)In

				generalA prescription drug plan shall not exclude a pharmacy

				from participation solely on the basis that such pharmacy is a covered entity

				under section 340B of the Public Health Service Act.

							(II)Reasonable

				terms and conditions for 340B entitiesIn the case of a pharmacy

				that is a covered entity under such section 340B, if such an entity requests

				that the terms and conditions of the appropriate version (as determined by the

				Secretary) of the Model Safety Net Pharmacy Addendum to Pharmacy Contract apply

				to a contract to dispense covered part D drugs under such plan, subject to

				subclause (III), the terms and conditions of such Contract shall be the terms

				and conditions for participation of such pharmacy under clause (i).

							(III)Permitting

				waiver of cost-sharingIn the case of a pharmacy that is a

				covered entity under such section 340B, if such an entity requests that the

				terms and conditions of a contract to dispense covered part D drugs under such

				plan permit the pharmacy to waive or reduce cost-sharing under this part,

				consistent with the requirements of section 1128B(b)(3)(G), such permission

				shall be included in the terms and conditions for participation of such

				pharmacy under clause

				(i).

							.

				(c)Strengthening

			 convenient access standardsSection 1860D–4(b)(1)(C) of the

			 Social Security Act (42 U.S.C. 1395w–104(b)(1)(C)) is amended by striking

			 clause (iv) and inserting the following new clauses:

					(iv)Convenient

				access in long-term care facilitiesSuch rules shall include

				standards with respect to access for enrollees who are residing in long-term

				care facilities to ensure that such enrollees have access to a long-term care

				network pharmacy.

					(v)Convenient

				access to pharmacies serving IndiansSuch rules may include

				standards with respect to access for enrollees to pharmacies operated by the

				Indian Health Service, Indian tribes and tribal organizations, and urban Indian

				organizations (as defined in section 4 of the Indian Health Care Improvement

				Act.

					.

			(d)Reference to

			 provisions relating to reasonable dispensing feesSection

			 1860D–4(b) of the Social Security Act (42 U.S.C. 1395w–104(b)) is amended by

			 adding at the end the following new paragraph:

					(4)Reference to

				reasonable dispensing fee provisionsFor provisions relating to

				reasonable dispensing fees, see section

				1860D–12(b)(7).

					.

			(e)Effective

			 dateThe amendments made by this section shall apply to plan

			 years beginning on or after January 1, 2007.

			3.Prompt payment

			 by prescription drug plans and MA–PD plans under part D

			(a)Prompt payment

			 by prescription drug plansSection 1860D–12(b) of the Social

			 Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the

			 following new paragraph:

					(4)Prompt payment

				of clean claims

						(A)Prompt

				payment

							(i)In

				generalEach contract entered into with a PDP sponsor under this

				section with respect to a prescription drug plan offered by such sponsor shall

				provide that payment shall be issued, mailed, or otherwise transmitted with

				respect to all clean claims submitted by pharmacies (other than pharmacies that

				dispense drugs by mail order only or are located in, or contract with, a

				long-term care facility) under this part within the applicable number of

				calendar days after the date on which the claim is received.

							(ii)Clean claim

				definedIn this paragraph, the term clean claim

				means a claim that has no defect or impropriety (including any lack of any

				required substantiating documentation) or particular circumstance requiring

				special treatment that prevents timely payment from being made on the claim

				under this part.

							(B)Applicable

				number of calendar days definedIn this paragraph, the term

				applicable number of calendar days means—

							(i)with respect to

				claims submitted electronically, 14 days; and

							(ii)with respect to

				claims submitted otherwise, 30 days.

							(C)Interest

				paymentIf payment is not issued, mailed, or otherwise

				transmitted within the applicable number of calendar days (as defined in

				subparagraph (B)) after a clean claim is received, interest shall be paid at a

				rate equal to the weighted average of interest on 3-month marketable Treasury

				securities determined for such period, increased by 0.1 percentage point for

				the period beginning on the day after the required payment date and ending on

				the date on which payment is made. Interest amounts paid under this

				subparagraph shall not be counted against the administrative costs of a

				prescription drug plan.

						(D)Procedures

				involving claims

							(i)In

				generalA contract entered into with a PDP sponsor under this

				section with respect to a prescription drug plan offered by such sponsor shall

				provide that, not later than 10 days after the date on which a clean claim is

				submitted, the PDP sponsor shall provide the claimant with a notice that

				acknowledges receipt of the claim by such sponsor. Such notice shall be

				considered to have been provided on the date on which the notice is mailed or

				electronically transferred.

							(ii)Claim deemed

				to be cleanA claim is deemed to be a clean claim if the PDP

				sponsor involved does not provide notice to the claimant of any deficiency in

				the claim within 10 days of the date on which the claim is submitted.

							(iii)Claim

				determined to not be a clean claim

								(I)In

				generalIf a PDP sponsor determines that a submitted claim is not

				a clean claim, the PDP sponsor shall, not later than the end of the period

				described in clause (ii), notify the claimant of such determination. Such

				notification shall specify all defects or improprieties in the claim and shall

				list all additional information or documents necessary for the proper

				processing and payment of the claim.

								(II)Determination

				after submission of additional informationA claim is deemed to

				be a clean claim under this paragraph if the PDP sponsor involved does not

				provide notice to the claimant of any defect or impropriety in the claim within

				10 days of the date on which additional information is received under subclause

				(I).

								(III)Payment of

				clean portion of a claimA PDP sponsor shall, as appropriate, pay

				any portion of a claim that would be a clean claim but for a defect or

				impropriety in a separate portion of the claim in accordance with subparagraph

				(A).

								(iv)Obligation to

				payA claim submitted to a PDP sponsor that is not paid or

				contested by the provider within the applicable number of days (as defined in

				subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the

				PDP sponsor in accordance with subparagraph (A).

							(v)Date of Payment

				of ClaimPayment of a clean claim under such subparagraph is

				considered to have been made on the date on which—

								(I)with respect to

				claims paid electronically, the payment is transferred; and

								(II)with respect to

				claims paid otherwise, the payment is submitted to the United States Postal

				Service or common carrier for delivery.

								(E)Electronic

				transfer of fundsA PDP sponsor shall pay all clean claims

				submitted electronically by electronic transfer of funds if the pharmacy so

				requests or has so requested previously.

						(F)Private Right

				of Action

							(i)In

				generalNothing in this paragraph shall be construed to prohibit

				or limit a claim or action not covered by the subject matter of this section

				that any individual or organization has against a provider or a PDP

				sponsor.

							(ii)Anti-RetaliationConsistent

				with applicable Federal or State law, a PDP sponsor shall not retaliate against

				an individual or provider for exercising a right of action under this

				subparagraph.

							.

			(b)Prompt payment

			 by MA–PD plansSection 1857(f) of the Social Security Act (42

			 U.S.C. 1395w–27) is amended by adding at the end the following new

			 paragraph:

					(3)Incorporation

				of certain prescription drug plan contract requirementsThe

				following provisions shall apply to contracts with a Medicare Advantage

				organization in the same manner as they apply to contracts with a PDP sponsor

				offering a prescription drug plan under part D:

						(A)Prompt

				paymentSection

				1860D–12(b)(4).

						.

			(c)Effective

			 dateThe amendments made by this section shall apply to plan

			 years beginning on or after January 1, 2007.

			4.Medicare part D

			 informational resources and customer service

			(a)Health and

			 Human Services pharmacy hotlineThe Secretary of Health and Human

			 Services shall—

				(1)establish a

			 toll-free telephone number that is dedicated to providing information regarding

			 the Medicare prescription drug benefit under part D of title XVIII of the

			 Social Security Act to pharmacists and pharmacy staff; and

				(2)staff such

			 telephone number in order to ensure that the toll-free number is available to

			 answer calls 24-hours each day.

				(b)Customer

			 service provided by prescription drug plans and MA–PD plans

				(1)In

			 generalSection 1860D–4 of the Social Security Act (42 U.S.C.

			 1395w–104) is amended by adding at the end the following new subsection:

						(l)Customer

				Service

							(1)Pharmacy

				hotlineA PDP sponsor of a prescription drug plan shall—

								(A)establish a

				toll-free telephone number that is dedicated to providing information regarding

				the plan to pharmacists and pharmacy staff; and

								(B)staff such

				telephone number in order to ensure compliance with customer service standards

				(as established by the Secretary).

								(2)Physician and

				provider hotlineA PDP sponsor of a prescription drug plan

				shall—

								(A)establish a

				toll-free telephone number that is dedicated to providing information regarding

				the plan to physicians and providers; and

								(B)staff such

				telephone number in order to ensure compliance with customer service standards

				(as established by the

				Secretary).

								.

				(2)Effective

			 dateThe amendments made by this subsection shall apply to plan

			 years beginning on or after January 1, 2007.

				5.Transaction

			 standards for prescription drug plans and MA–PD plans

			(a)In

			 generalSection 1860D–4(b)(2) of the Social Security Act is

			 amended—

				(1)in subparagraph

			 (A)—

					(A)by striking

			 In

			 general.—The PDP and inserting “In general.—

							(i)Standardized

				technology for benefit accessSubject to subsection (m), the

				PDP

							;

				and

					(B)by adding at the

			 end the following new clause:

							(ii)Standardized

				technology for communications and transactionsThe PDP sponsor of

				a prescription drug plan shall utilize standardized technology for any

				communication or transaction (including a billing or coding transaction)

				occurring between such plan and a participating

				pharmacy.

							;

				and

					(2)by amending

			 subparagraph (B) to read as follows:

						(B)StandardsThe

				card or technology required under subparagraph (A) shall comply with the most

				recent standards adopted by the Secretary under section

				1173(c).

						.

				(b)Effective

			 dateThe amendments made by subsection (a) shall apply to cards

			 issued, and communications or transactions conducted, on or after the date that

			 is 60 days after the date of enactment of this Act.

			6.Restrictions on

			 pharmacy co-branding by prescription drug plans and MA–PD Plans

			(a)In

			 generalSection 1860D–4 of

			 the Social Security Act (42 U.S.C. 1395w–104), as amended by section 4(b), is

			 amended by adding at the end the following new subsection:

					(m)Co-branding

						(1)Prohibition of

				co-branding on prescription drug cardA card that is issued under subsection

				(b)(2)(A) for use under a prescription drug plan offered by a PDP sponsor shall

				not display the name, brand, logo, or trademark of any pharmacy.

						(2)Marketing

				materialsMarketing materials distributed by a PDP sponsor that

				has a co-branding relationship with a pharmacy with respect to such a plan

				shall include a disclaimer in large, off-set, bold-face type of the following:

				Other pharmacies are also available in our

				network.

						.

			(b)Effective

			 dateThe amendments made by

			 this section shall apply to cards and marketing materials distributed on or

			 after the date that is 60 days after the date of enactment of this Act.

			7.Submission of

			 claims by pharmacies located in or contracting with long-term care

			 facilities

			(a)Submission of

			 claims by pharmacies located in or contracting with long-term care

			 facilities

				(1)Submission of

			 claims to prescription drug plansSection 1860D–12(b) of the

			 Social Security Act (42 U.S.C. 1395w–112(b)), as amended by section 3(a), is

			 amended by adding at the end the following new paragraph:

						(5)Submission of

				claims by pharmacies located in or contracting with long-term care

				facilitiesEach contract entered into with a PDP sponsor under

				this section with respect to a prescription drug plan offered by such sponsor

				shall provide that a pharmacy located in, or having a contract with, a

				long-term care facility shall have not less than 30 days (but not more than 90

				days) to submit claims to the sponsor for reimbursement under the

				plan.

						.

				(2)Submission of

			 claims to MA–PD plansSection 1857(f)(3) of the Social Security

			 Act, as added by section 3(b), is amended by adding at the end the following

			 new subparagraph:

						(B)Submission of

				claims by pharmacies located in or contracting with long-term care

				facilitiesSection

				1860D–12(b)(5).

						.

				(b)Effective

			 dateThe amendments made by this section shall apply to plan

			 years beginning on or after January 1, 2007.

			8.Assuring

			 pharmacy access by requiring reasonable payment of pharmacies

			(a)Reasonable

			 dispensing fees required

				(1)Requirement for

			 prescription drug plansSection 1860D–12(b) of the Social

			 Security Act (42 U.S.C. 1395w–104(b)(1)), as amended by section 7(a)(1), is

			 amended by adding at the end the following new paragraph:

						(6)Reasonable

				dispensing fees required

							(A)Reasonable

				dispensing fee requiredIn the case of plan years beginning on or

				after January 1, 2009, subject to subparagraph (E), each contract entered into

				with a PDP sponsor under this section with respect to a prescription drug plan

				offered by such sponsor shall provide that such sponsor shall pay a reasonable

				dispensing fee (as determined under subparagraph (B)) for covered part D drugs

				dispensed through a participating pharmacy (other than such a pharmacy that

				dispenses drugs by mail order only or is located in, or contracts with, a

				long-term care facility).

							(B)Establishment

				of reasonable dispensing fees for prescription drug plans

								(i)In

				generalThe Secretary shall establish, on an expedited basis and

				using a negotiated rulemaking process under subchapter III of chapter 5 of

				title 5, United States Code, reasonable dispensing fees for covered part D

				drugs dispensed through participating pharmacies.

								(ii)Consideration

				of OIG recommendationsIn establishing such reasonable dispensing

				fees, the Secretary shall consider the recommendations included in the report

				submitted under section 8(b)(2) of the Pharmacy Access Improvement (PhAIm) Act of

				2006 with respect to the geographic area in which a prescription

				drug plan is offered, including any adjustment recommended in such report for

				dispensing an extended supply of a covered part D drug.

								(iii)Publication

				of noticeIn carrying out the rulemaking process under this

				subparagraph, the Secretary, after consultation with pharmacists, pharmacies

				(including long-term care, independent, chain, and mass market retail

				pharmacies), part D eligible individuals, beneficiary advocates, PDP sponsors

				of prescription drug plans, Medicare Advantage organizations offering MA–PD

				plans, and any other interested parties the Secretary determines appropriate,

				shall publish the notice provided under section 564(a) of title 5, United

				States Code, by not later than 60 days after the date of enactment of the

				Pharmacy Access Improvement (PhAIm) Act of

				2006.

								(iv)Target date

				for publication of ruleAs part of the notice provided under

				clause (iii), and for purposes of this subparagraph, the target date for

				publication (referred to in section 564(a)(5) of such title) shall be

				March 1, 2008.

								(v)Abbreviated

				period for submission of commentsIn applying section 564(c) of

				such title under this subparagraph, 15 days shall be substituted

				for 30 days.

								(vi)Appointment of

				negotiated rulemaking committee and facilitatorThe Secretary

				shall provide for—

									(I)the appointment

				of a negotiated rulemaking committee under section 565(a) of such title by not

				later than 20 days after the end of the comment period provided for under

				section 564(c) of such title (as shortened under clause (v)); and

									(II)the nomination

				of a facilitator under section 566(c) of such title by not later than 10 days

				after the date of appointment of the committee.

									(vii)Preliminary

				committee reportThe negotiated rulemaking committee appointed

				under clause (vi)(I) shall report to the Secretary, by not later than December

				1, 2007, regarding the committee’s progress on achieving a consensus with

				regard to the rulemaking proceeding and whether such consensus is likely to

				occur before 1 month before the target date for publication of the rule. If the

				committee reports that the committee has failed to make significant progress

				towards such consensus or is unlikely to reach such consensus by the target

				date, the Secretary may terminate such process and provide for the publication

				of a rule under this subsection through such other methods as the Secretary may

				provide.

								(viii)Final

				committee reportIf the committee is not terminated under clause

				(vii), the rulemaking committee shall submit a report containing a proposed

				rule by not later than 1 month before the target date of publication.

								(ix)Interim, final

				effectThe Secretary shall publish a rule under this subparagraph

				in the Federal Register by not later than the target date of publication. Such

				rule shall be effective and final immediately on an interim basis, but is

				subject to a change and revision after public notice and opportunity for a

				period (of not less than 60 days) for public comment. In connection with such

				rule, the Secretary shall specify the process for the timely review and

				approval of contracts with PDP sponsors of prescription drug plans to be

				certified as paying reasonable dispensing fees for covered part D drugs

				dispensed through participating pharmacies pursuant to such rules and

				consistent with this subparagraph.

								(x)Publication of

				rule after public commentThe Secretary shall provide for

				consideration of such comments and republication of such rule by not later than

				1 year after the target date of publication.

								(C)Annual

				reviewThe Secretary shall annually review the rule published

				under subparagraph (C) and revise such rule as appropriate based on the

				following considerations:

								(i)Any reasonable

				costs associated with a pharmacist’s time in—

									(I)checking for

				information about an individual’s coverage; and

									(II)performing

				necessary clinical review and quality assurance activities.

									(ii)Costs incurred

				by the pharmacist that are associated with—

									(I)the measurement

				or mixing of a covered part D drug;

									(II)filling the

				container for such a drug;

									(III)physically

				providing the completed prescription to an individual enrolled in such a

				plan;

									(IV)delivery;

									(V)special

				packaging;

									(VI)overhead related

				to the facility and its maintenance, and the equipment necessary to operate the

				pharmacy, including the salaries of pharmacists and other pharmacy workers;

				and

									(VII)geographic

				factors that impact operational costs.

									(iii)The reasonable

				variation in costs described in clause (ii) based on whether the pharmacist is

				dispensing a standard or extended supply of a covered part D drug.

								(iv)The annual

				National Industry-Specific Occupational Employment and Wage Estimates published

				by the Bureau of Labor Statistics of the Department of Labor, as determined

				with respect to pharmacists.

								(D)Special rule

				for plan year 2008In the case of the plan year beginning on

				January 1, 2008, subject to subparagraph (E), each contract entered into with a

				PDP sponsor under this section with respect to a prescription drug plan offered

				by such sponsor shall provide that such sponsor shall pay a reasonable

				dispensing fee for covered part D drugs dispensed through a participating

				pharmacy (other than such a pharmacy that dispenses drugs by mail order only or

				is located in, or contracts with, a long-term care facility) based on the

				following considerations:

								(i)Any reasonable

				costs associated with a pharmacist’s time in—

									(I)checking for

				information about an individual’s coverage; and

									(II)performing

				necessary clinical review and quality assurance activities.

									(ii)Costs incurred

				by the pharmacist that are associated with—

									(I)the measurement

				or mixing of a covered part D drug;

									(II)filling the

				container for such a drug;

									(III)physically

				providing the completed prescription to an individual enrolled in such a

				plan;

									(IV)delivery;

									(V)special

				packaging;

									(VI)overhead related

				to the facility and its maintenance, and the equipment necessary to operate the

				pharmacy, including the salaries of pharmacists and other pharmacy workers;

				and

									(VII)geographic

				factors that impact operational costs.

									(iii)The reasonable

				variation in costs described in clause (ii) based on whether the pharmacist is

				dispensing a standard or extended supply of a covered part D drug.

								(E)Minimum

				dispensing fees for participating pharmaciesIn the case of a PDP

				sponsor of a prescription drug plan that sets separate rates for in-network

				pharmacies based on whether the pharmacy is a preferred or non-preferred

				pharmacy (or any designation other than preferred or any other distinction

				between or among pharmacies with respect to participation status), the

				dispensing fee established by such sponsor for a participating pharmacy that is

				not so designated as a preferred or non-preferred pharmacy shall be at a rate

				that is not less than the rate at which the PDP sponsor reimburses such

				non-preferred

				pharmacies.

							.

				(2)Requirement for

			 MA–PD plansSection 1857(f)(3) of the Social Security Act, as

			 amended by section 7(a)(2), is amended by adding at the end the following new

			 subparagraph:

						(C)Reasonable

				dispensing fees requiredSection

				1860D–12(b)(6).

						.

				(b)OIG Study and

			 report on reasonable dispensing fees

				(1)StudyThe

			 Inspector General of the Department of Health and Human Services shall conduct

			 an analysis of the cost of dispensing covered part D drugs (as defined in

			 section 1860D–2(e) of the Social Security Act (42 U.S.C. 1395w–102(e)) under a

			 prescription drug plan under part D of title XVIII or an MA–PD plan under part

			 C of such title that takes into consideration the following:

					(A)Any reasonable

			 costs associated with a pharmacist’s time in—

						(i)checking for

			 information about an individual’s coverage; and

						(ii)performing

			 necessary clinical review and quality assurance activities.

						(B)Costs incurred by

			 the pharmacist that are associated with—

						(i)the

			 measurement or mixing of a covered part D drug;

						(ii)filling the

			 container for such a drug;

						(iii)physically

			 providing the completed prescription to an individual enrolled in such a

			 plan;

						(iv)delivery;

						(v)special

			 packaging;

						(vi)overhead related

			 to the facility and its maintenance, and the equipment necessary to operate the

			 pharmacy, including the salaries of pharmacists and other pharmacy workers;

			 and

						(vii)geographic

			 factors that impact operational costs.

						(C)The reasonable

			 variation in costs described in subparagraph (B) based on whether the

			 pharmacist is dispensing a standard or extended supply of a covered part D

			 drug.

					(D)The reasonable

			 variation in dispensing fees, taking into consideration the costs described in

			 subparagraphs (A), (B), and (C), that is sufficient to encourage the use of

			 covered generic alternative therapies.

					(2)ReportBy

			 not later than March 1, 2007, the Inspector General of the Department of Health

			 and Human Services shall submit a report to the Secretary of Health and Human

			 Services on the study conducted under paragraph (1). The report shall include

			 recommendations on the following:

					(A)What the minimum

			 reasonable dispensing fee should be with respect to a prescription drug plan

			 under part D of title XVIII or an MA–PD plan under part C of such title

			 determined with respect to the area in which such plan is offered, including

			 with respect to each PDP region (as determined under section 1860D–11(a)(2) of

			 the Social Security Act (42 U.S.C. 1395w–111(a)(2)) and each MA region (as

			 determined under section 1858(a) of such Act (42 U.S.C. 1395w–27(a)).

						(i)The

			 extent to which the dispensing fee described in subparagraph (A) can reasonably

			 be increased when an extended supply of a covered part D drug (as so defined)

			 is dispensed (depending on the number of days worth of such a drug being

			 supplied to the beneficiary).

						(c)Encouraging

			 utilization of generic drugsSection 1860D–4(b) of the Social

			 Security Act (42 U.S.C. 1395w–104(b)), as amended by section 2(d), is amended

			 by adding at the end the following new paragraph:

					(5)Encouraging

				utilization of generic drugsWith respect to prescriptions filled

				on or after January 1, 2008, the PDP sponsor of a prescription drug plan shall

				encourage generic utilization by paying an increased dispensing fee for generic

				drugs.

					.

			(d)Regular update

			 of Prescription Drug Pricing Standard required

				(1)Requirement for

			 prescription drug plansSection 1860D–12(b) of the Social

			 Security Act (42 U.S.C. 1395w–104(b)(1)), as amended by subsection (a), is

			 amended by adding at the end the following new paragraph:

						(7)Regular update

				of Prescription Drug Pricing StandardIf the PDP sponsor of a prescription drug

				plan uses a standard for reimbursement of pharmacies based on the cost of a

				drug, each contract entered into with such sponsor under this section with

				respect to the plan shall provide that the sponsor shall update such standard

				not less frequently than every 7 days, beginning with an initial update on

				January 1 of each year, to accurately reflect the market price of acquiring the

				drug.

						.

				(2)Requirement for

			 MA–PD plansSection 1857(f)(3) of the Social Security Act, as

			 amended by subsection (a)(2), is amended by adding at the end the following new

			 subparagraph:

						(D)Regular update

				of Prescription Drug Pricing StandardSection

				1860D–12(b)(7).

						.

				(3)Effective

			 dateThe amendments made by this subsection shall apply to plan

			 years beginning on or after January 1, 2007.


115 S2420 IS: Child Tax Credit for Pregnant Moms Act of 2018
U.S. Senate
2018-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 2420IN THE SENATE OF THE UNITED STATESFebruary 13, 2018Mr. Daines (for himself, Mrs. Ernst, Mrs. Fischer, Mr. Lankford, Mr. Inhofe, and Mr. Blunt) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide a child tax credit for pregnant moms.

 1.Short titleThis Act may be cited as the Child Tax Credit for Pregnant Moms Act of 2018. 2.Child tax credit allowed with respect to unborn children (a)In generalSubsection (c) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(3)Credit allowed with respect to unborn children
 (A)In generalThe term qualifying child includes an unborn child for any taxable year if such child is born and issued a social security number before the due date for the return of tax (without regard to extensions) for the taxable year. For purposes of the preceding sentence, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued to a citizen of the United States or is issued pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act.
 (B)Double credit in case of children unable to claim creditIn the case of any child who is not taken into account under subparagraph (A) for the taxable year immediately preceding the taxable year in which the child is born, the amount of the credit determined under this section with respect to such child for the taxable year of the child's birth shall be increased by 100 percent.
 (C)Unborn childFor purposes of this paragraph— (i)Unborn childThe term unborn child means a child in utero.
 (ii)Child in uteroThe term child in utero means a member of the species homo sapiens, at any stage of development, who is carried in the womb..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2017.