		III
		111th CONGRESS
		1st Session
		H. CON. RES. 156
		IN THE SENATE OF THE UNITED
		  STATES

			July 20, 2009
			Received and referred to the
			 Committee on Foreign
			 Relations

		CONCURRENT RESOLUTION
		Condemning the attack on the AMIA Jewish
		  Community Center in Buenos Aires, Argentina, in July 1994, and for other
		  purposes.

		Whereas, on July 18, 1994, 85 people were killed and 300
			 were wounded when the Argentine Jewish Mutual Association (AMIA) was bombed in
			 Buenos Aires, Argentina;
		Whereas extensive evidence links the planning of the
			 attacks to the Government of Iran, and the execution of the attacks to
			 Hezbollah, which is based in Lebanon, supported by Syria, sponsored by Iran,
			 and designated by the Department of State as a Foreign Terrorist
			 Organization;
		Whereas, on October 25, 2006, the State Prosecutor of
			 Argentina, an office created by the Government of Argentina, concluded that the
			 AMIA bombing was decided and organized by the highest leaders of the
			 former government of * * * Iran, whom, at the same time, entrusted its
			 execution to the Lebanese terrorist group Hezbollah;
		Whereas, on October 25, 2006, the State Prosecutor of
			 Argentina concluded that the AMIA bombing had been approved in advance by
			 Iran's Supreme Leader Ali Khamene'i, Iran's then-leader Ali Akbar Hashemi
			 Rafsanjani, Iran's then-Foreign Minister Ali Akbar Velayati, and Iran's
			 then-Minister of Security and Intelligence Ali Fallahijan;
		Whereas, on October 25, 2006, the State Prosecutor of
			 Argentina stated that the Government of Iran uses terrorism as a
			 mechanism of its foreign policy in support of its final aim
			 [which] is to export its radicalized vision of Islam and to eliminate the
			 enemies of the regime;
		Whereas, on October 25, 2006, the State Prosecutor of
			 Argentina identified Ibrahim Hussein Berro, a Lebanese citizen and member of
			 Hezbollah, as the suicide bomber who primarily carried out the attack on the
			 AMIA;
		Whereas, on November 9, 2006, Argentine Judge Rodolfo
			 Canicoba Corral, pursuant to the request of the State Prosecutor of Argentina,
			 issued an arrest warrant for Ali Akbar Hashemi Rafsanjani, a former leader of
			 Iran and the current chairman of Iran's Assembly of Experts and of Iran's
			 Expediency Council, for his involvement in the AMIA bombing and urged the
			 International Criminal Police Organization (INTERPOL) to issue an international
			 arrest warrant for Rafsanjani and detain him;
		Whereas, on November 9, 2006, Argentine Judge Rodolfo
			 Canicoba Corral, pursuant to the request of the State Prosecutor of Argentina,
			 also issued arrest warrants for Ali Fallahijan, a former Iranian Minister of
			 Security and Intelligence, Ali Akbar Velayati, a former Iranian Foreign
			 Minister, Mohsen Rezaei, a former commander of Iran's Islamic Revolutionary
			 Guards Corps (IRGC), Ahmad Vahidi, a former commander of the elite Al-Quds
			 Force of the IRGC, Hadi Soleimanpour, a former Iranian ambassador to Argentina,
			 Mohsen Rabbani, a former cultural attaché at the Iranian Embassy in Buenos
			 Aires, Ahmad Reza Asghari, a former official at the Iranian Embassy in Buenos
			 Aires, and Imad Moughnieh, a leading operations chief of Hezbollah;
		Whereas, on March 5, 2007, the Executive Committee of
			 INTERPOL unanimously supported the issuance of Red Notices for Hezbollah
			 operative Imad Moughnieh and for Iranian officials Ali Fallahijan, Mohsen
			 Rezaei, Ahmad Vahidi, Mohsen Rabbani, and Ahmad Reza Asgari, thereby allowing
			 arrest warrants for those individuals to be circulated worldwide with an eye to
			 their arrest and extradition;
		Whereas, on November 7, 2007, the General Assembly of
			 INTERPOL upheld the Executive Committee's decision to support the issuance of
			 six Red Notices in connection to the AMIA case;
		Whereas, on February 12, 2008, Hezbollah operative Imad
			 Moughnieh reportedly was killed in Syria;
		Whereas in June of 2008, the Government of Saudi Arabia
			 hosted an international Muslim conference that was reportedly attended by
			 Iranian officials Ali Akbar Hashemi Rafsanjani, against whom an Argentine
			 arrest warrant has been issued, and Mohsen Rezaei, against whom both an
			 Argentine arrest warrant and INTERPOL Red Notice have been issued;
		Whereas the Government of Saudi Arabia reportedly made no
			 attempt to detain or arrest Ali Akbar Hashemi Rafsanjani or Mohsen Rezaei
			 during their time in Saudi Arabia, and the two departed Saudi Arabia without
			 incident;
		Whereas, on May 22, 2008, Argentine prosecutor Alberto
			 Nisman filed a request with Argentine Judge Ariel Lijo for the arrest of Carlos
			 Saul Menem, who was president of Argentina at the time of the AMIA bombing, and
			 four other former Argentine high officials in connection with the AMIA
			 case;
		Whereas Mr. Nisman claimed in his request for an arrest
			 warrant that Menem and the other four officials had attempted to cover up the
			 involvement of a Syrian-Argentine businessman, Alberto Jacinto Kanoore Edul, in
			 the AMIA bombing;
		Whereas Argentine investigators have stated that prior to
			 the AMIA bombing, Mr. Kanoore Edul was in contact with at least two men who
			 have been identified as suspects in the AMIA case;
		Whereas, on December 16, 2008, at the AMIA Special
			 Prosecutor's request, the presiding Argentine judge in a civil suit against the
			 Iranian suspects and Hezbollah ordered the attachment of six commercial
			 properties in Argentina allegedly owned by former Iran cultural attaché and
			 named suspect Mohsen Rabbani;
		Whereas in December of 2008, the judge also requested that
			 select European governments freeze up to $1 million in bank accounts allegedly
			 belonging to former Iranian leader Ali Akbar Hashemi Rafsanjani and another
			 Iranian accused of involvement in the attacks;
		Whereas between October of 2008 and March of 2009, nearly
			 a dozen Iranian properties have reportedly been seized in the Buenos Aires area
			 in connection with a civil suit presented by an unnamed survivor of the AMIA
			 bombing;
		Whereas in May of 2009, former IRGC commander Mohsen
			 Rezaei, against whom both an Argentine arrest warrant and an INTERPOL Red
			 Notice have been issued, announced his intention to seek the leadership of
			 Iran;
		Whereas in May 2009, Argentina issued an international
			 arrest warrant for Samuel Salman El Reda, a Colombian citizen of Lebanese
			 descent who Argentine prosecutor Alberto Nisman believes was the top local
			 connection in the AMIA attack;
		Whereas Mr. Nisman believes El Reda had connections to
			 Hezbollah and the Tri-Border area, a zone between Argentina, Paraguay, and
			 Brazil suspected of being a haven for Islamic radical groups;
		Whereas during the past several years, the Government of
			 Argentina has made significant advances in the AMIA investigation and other
			 counter-terrorism efforts;
		Whereas the issuance of an Argentine arrest warrant for an
			 attaché of the Iranian Embassy in Argentina in connection with the AMIA case,
			 indicates that Iran has used its embassies abroad as tools and extensions of
			 radical Islamist goals and attacks;
		Whereas, on January 27, 2009, Secretary of Defense Robert
			 Gates said, “I’m concerned about the level of * * * subversive activity that
			 the Iranians are carrying on in a number of places in Latin America * * *
			 They’re opening a lot of offices and a lot of fronts, behind which they
			 interfere in what is going on in some of these countries.”; and
		Whereas, on March 17, 2009, Navy Admiral James Stavridis,
			 Commander, United States Southern Command, indicated that he shared Secretary
			 Gates’s concern, explaining We have seen * * * an increase in a wide
			 level of activity by the Iranian government in this region * * * That is a
			 concern principally because of the connections between the government of Iran,
			 which is a state sponsor of terrorism, and Hezbollah: Now, therefore,
			 be it

		That Congress—
			(1)reiterates its strongest condemnation of
			 the 1994 attack on the Argentine Jewish Mutual Association (AMIA) Jewish
			 Community Center in Buenos Aires, Argentina, honors the victims of this attack,
			 and expresses its sympathy to the relatives of the victims;
			(2)applauds the
			 Government of Argentina for its ongoing efforts in the AMIA bombing
			 investigation;
			(3)urges the
			 Government of Argentina to continue to dedicate and provide the resources
			 necessary for its judicial system and intelligence agencies to investigate all
			 areas of the AMIA case and to prosecute those responsible;
			(4)expresses grave
			 concern regarding the Government of Saudi Arabia's failure, when given the
			 opportunity, to detain Iranian officials against whom Argentine arrest warrants
			 or INTERPOL Red Notices are pending in connection with the AMIA case;
			(5)urges all
			 responsible nations to cooperate fully with the AMIA investigation, including
			 by making information, witnesses, and suspects available for review and
			 questioning by the appropriate Argentine authorities, and by detaining and
			 extraditing to Argentina, if given the opportunity, any persons against whom
			 Argentine arrest warrants or INTERPOL Red Notices are pending in connection
			 with the AMIA case, including Iranian officials and former officials, Hezbollah
			 operatives, and Islamist militants;
			(6)encourages the
			 President to direct United States law enforcement agencies to provide support
			 and cooperation to the Government of Argentina, if requested, for the purposes
			 of deepening and expanding the investigation into the AMIA bombing; and
			(7)urges governments
			 in the Western Hemisphere, who have not done so already, to draft, adopt, and
			 implement legislation designating Hezbollah as a terrorist organization,
			 banning fundraising and recruitment activities, and applying the harshest
			 penalties on those providing support for activities involving Hezbollah and
			 other such extremist groups.

			Passed the House of
			 Representatives July 17, 2009.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 707
		IN THE HOUSE OF REPRESENTATIVES

			February 15, 2011
			Mr. Engel (for
			 himself, Mrs. Schmidt, and
			 Mr. Terry) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To prohibit the manufacture, marketing, sale, or shipment
		  in interstate commerce of products designed to assist in defrauding a drug
		  test.

		1.Short titleThis Act may be cited as the
			 Drug Testing Integrity Act of
			 2011.
		2.Ban of products
			 designed to defraud drug tests
			(a)Conduct
			 prohibitedIt shall be
			 unlawful to knowingly manufacture, market, sell, ship, or otherwise provide to
			 another individual any product with the intent to assist such other individual
			 to use such product to defraud a drug test.
			(b)DefinitionAs
			 used in this Act, the term defraud a drug test means—
				(1)submit a substance
			 that purports to be from an individual other than its actual source, or
			 purports to have been excreted or collected other than when it was actually
			 excreted or collected; or
				(2)engage in any
			 other conduct with the intent to produce a false or misleading outcome of a
			 test for the presence of a controlled substance.
				3.Enforcement by
			 the Federal Trade Commission
			(a)Unfair and
			 deceptive act or practiceA
			 violation of section 2 shall be treated as a violation of a rule defining an
			 unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the
			 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
			(b)Enforcement
			 authorityThe Federal Trade Commission shall enforce this Act in
			 the same manner, by the same means, and with the same jurisdiction as though
			 all applicable terms and provisions of the Federal Trade Commission Act were
			 incorporated into and made a part of this Act.


		II
		112th CONGRESS
		1st Session
		S. 1329
		IN THE SENATE OF THE UNITED STATES

			July 6, 2011
			Mr. Rockefeller
			 introduced the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Workforce Investment Act of 1998 to
		  establish a pilot program to facilitate the provision of education and training
		  programs in the field of advanced manufacturing.

		1.Short
			 titleThis Act may be cited as
			 the High-Tech Job Opportunities
			 Between our Shores Act or the High-Tech JOBS Act.
		2.Pilot program to
			 support advanced manufacturing workforce developmentSection 171 of the Workforce Investment Act
			 of 1998 (29 U.S.C. 2916) is amended by adding at the end the following:

				(f)Advanced
				manufacturing workforce development program
					(1)In
				generalUnder a plan published under subsection (a), the
				Secretary shall, through grants or contracts, carry out demonstration and pilot
				projects for the purpose of facilitating the provision of education and
				training programs in the field of advanced manufacturing. Such projects
				shall—
						(A)target skills and
				competency development in communities with existing jobs in advanced
				manufacturing or expected growth in advanced manufacturing;
						(B)provide education
				and training for available jobs or job openings that are anticipated in
				advanced manufacturing, that result in an employer- or industry-recognized and
				nationally portable credential;
						(C)educate
				individuals about opportunities for career advancement within advanced
				manufacturing; and
						(D)give priority to
				incumbent workers, dislocated workers, and unemployed workers.
						(2)Eligible
				entities
						(A)In
				generalTo be eligible to receive a grant or enter into a
				contract under a project carried out under paragraph (1), an entity, in any of
				the States or outlying areas, shall be any of the following types of
				entities:
							(i)An institution of
				higher education (as defined in section 101 of the Higher Education Act of 1965
				(20 U.S.C. 1001)), a postsecondary vocational institution (as defined in
				section 102(c) of such Act (20 U.S.C. 1002(c)), or a tribally controlled
				college or university (as defined in section 2 of the Tribally Controlled
				Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801)).
							(ii)A local board,
				in partnership with one or more one-stop career centers, that specifies one or
				more educational entities described in clause (i) where education and training
				activities will occur.
							(iii)A nonprofit
				organization.
							(iv)Another entity
				that would serve educationally underserved communities.
							(v)A consortium of
				entities described in clauses (i) through (iv).
							(B)PriorityThe
				Secretary shall give priority to any entity, or consortium of entities,
				described in subparagraph (A) that proposes to use the funds received under
				this subsection to leverage substantial non-Federal funding for the program
				involved.
						(3)ApplicationTo
				be eligible to receive a grant or enter into a contract under this subsection
				an eligible entity described in paragraph (2) shall submit an application to
				the Secretary at such time and in such form and manner as the Secretary shall
				determine, including each of the following:
						(A)A description of
				each eligible entity (including, in the case of a consortium, each eligible
				entity in the consortium), evidence of each eligible entity's capacity to carry
				out the activities described in paragraph (1), and a description of the
				expected participation and responsibilities of each eligible entity.
						(B)A description of
				education and training activities to be provided through the education and
				training program, and a description of how the activities will—
							(i)develop skills
				and competencies demanded by advanced manufacturing firms;
							(ii)lead to an
				employer- or industry-recognized and nationally portable credential; and
							(iii)educate
				individuals about opportunities for career advancement and wage growth within
				advanced manufacturing.
							(C)A description of
				how the economy, of the State, locality, or outlying area where the eligible
				entity submitting the application will provide the program, would benefit,
				including a description of—
							(i)evidence of
				existing jobs in advanced manufacturing or expected growth in advanced
				manufacturing in the State, locality, or outlying area;
							(ii)the potential to
				prepare individuals for existing jobs in advanced manufacturing or create
				additional job growth in advanced manufacturing through the program as a result
				of investments in education and training in advanced manufacturing; and
							(iii)how the
				eligible entity will expose incumbent workers, dislocated workers, and
				unemployed workers to new advanced manufacturing technology skill sets through
				the program.
							(D)A description of
				how the eligible entity will employ evidence-based training models that
				integrate academic instruction with training, including on-the-job training, in
				advanced manufacturing, to meet the goals described in paragraph (5).
						(E)A description of
				how the eligible entity will coordinate activities with State boards or local
				boards, and State or local economic development officials, in carrying out the
				program.
						(F)A description of
				how the eligible entity will enter into a partnership with—
							(i)a
				manufacturer who employs individuals with advanced manufacturing skills;
				and
							(ii)a labor
				organization whose members are employed in advanced manufacturing industries,
				where such a labor organization exists.
							(4)ActivitiesActivities
				to be carried out under a program funded under paragraph (1) may
				include—
						(A)classroom and
				on-site experiential learning;
						(B)on-the-job
				training;
						(C)training that
				leads to an employer- or industry-recognized competency and nationally portable
				credential for advanced manufacturing;
						(D)development and
				implementation of registered apprenticeship programs, and preapprenticeship
				programs leading to registered apprenticeship programs;
						(E)coordination with
				local boards implementing and utilizing articulation agreements with
				educational entities described in paragraph (2)(A)(i) and other educational
				partners;
						(F)distance
				learning; and
						(G)any other
				activity the Secretary considers appropriate for training in advanced
				manufacturing.
						(5)Goals and
				performance measures
						(A)GoalsThe
				goals of the activities described in paragraph (4) shall be to—
							(i)enhance the skill
				sets of incumbent workers, dislocated workers, and unemployed workers who live
				in communities with existing jobs in advanced manufacturing or expected growth
				in advanced manufacturing, and enable such workers to obtain an employer- or
				industry-recognized and nationally portable credential;
							(ii)enable
				individuals with limited experience to develop competencies in advanced
				manufacturing;
							(iii)in an effort to
				meet the needs of advanced manufacturing businesses for adaptability in
				education and training of incumbent workers, strengthen partnerships of
				eligible entities described in paragraph (2) with—
								(I)manufacturers
				described in paragraph (3)(F); and
								(II)labor
				organizations described in paragraph (3)(F), where such labor organizations
				exist; and
								(iv)help incumbent
				workers, dislocated workers, and unemployed workers develop skills in advanced
				manufacturing that lead to employment or greater earnings than would otherwise
				be available without those skills.
							(B)Performance
				measuresThe Secretary shall negotiate, and reach agreement, with
				each eligible entity that receives a grant or enters into a contract under this
				subsection, on measures that will be used to evaluate the performance of the
				eligible entity in carrying out the activities described in paragraph (4) and
				meeting the goals described in subparagraph (A). Such performance measures
				shall consist of indicators of performance, and, at a minimum, shall
				include—
							(i)the number of
				workers, including incumbent workers, dislocated workers and unemployed
				workers, who are participants in the program involved, that receive employer-
				or industry-recognized and nationally portable credentials;
							(ii)the number of
				such participants, including dislocated workers and unemployed workers, that
				attain 1 or more basic skills that are required for an employer- or
				industry-recognized and nationally portable credential for advanced
				manufacturing;
							(iii)the number of
				such incumbent workers who obtain skills, through education and training, that
				meet the skill needs of employers to enhance operations;
							(iv)the earnings
				growth of such participants as a result of education and training provided
				through the program; and
							(v)other indicators
				the Secretary determines to be necessary to evaluate the performance of the
				eligible entity in carrying out the activities described in paragraph (4) and
				meeting the goals described in subparagraph (A).
							(6)EvaluationBeginning
				not later than 1 year after the date of the first disbursement of funds under
				this subsection, the Secretary shall provide for the continuing evaluation of
				the programs funded under this subsection, as required by section 172, and
				shall transmit a report of the evaluation to Congress not later than 2 years
				after such date and every 2 years
				thereafter.
					.

		3.DefinitionsSection 101 of the Workforce Investment Act
			 of 1998 (29 U.S.C. 2801) is amended by adding at the end the following:

				(54)Employer- or
				industry-recognized and nationally portable credentialThe term
				employer- or industry-recognized and nationally portable, used
				with respect to a credential, includes an educational certificate or degree, an
				occupational license, an industry-sponsored certificate or certification, or a
				certificate or degree from a registered apprenticeship
				program.
				.


116 HR 5400 IH: National Biomedical Research Act
U.S. House of Representatives
2019-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5400IN THE HOUSE OF REPRESENTATIVESDecember 11, 2019Ms. Clarke of New York (for herself and Mr. Loebsack) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo establish the Biomedical Innovation Fund, and for other purposes.

 1.Short titleThis Act may be cited as the National Biomedical Research Act. 2.DefinitionsIn this Act:
 (1)Discretionary appropriationsThe term discretionary appropriations has the meaning given such term in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900).
 (2)FundThe term Fund means the Biomedical Innovation Fund established under section 3(a). (3)Minimum amountThe term minimum amount, with respect to the applicable entity and for an applicable fiscal year—
 (A)means the amount equal to the greatest amount of discretionary appropriations appropriated to such entity for a fiscal year during the period beginning with fiscal year 2020 and ending with the fiscal year before the applicable fiscal year; and
 (B)does not include— (i)any reduction in an appropriation under a sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.);
 (ii)amounts collected by the Secretary of Health and Human Services under subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379f et seq.);
 (iii)amounts distributed under section 3(c)(2); or (iv)amounts appropriated under a supplemental or emergency appropriation Act.
					3.Biomedical Innovation Fund
 (a)EstablishmentThere is established in the Treasury of the United States a fund to be known as the Biomedical Innovation Fund, to be administered by the Secretary of the Treasury, consisting of— (1)the amounts transferred to the Fund under subsection (b); and
 (2)any interest earned on the investment of such amounts under subsection (d). (b)Commitment to biomedical innovationNot later than September 1, 2020, and every year thereafter through 2029, the Secretary of the Treasury shall transfer $10,000,000,000 from the general fund of the Treasury into the Fund.
			(c)Distribution of amounts
 (1)Calculation of annual fund amountFor fiscal year 2020 and each fiscal year thereafter, not later than 15 days after the latter of the date of enactment of an appropriation Act making full fiscal year appropriations for such fiscal year to the entity described in paragraph (2)(A) and the date of enactment of an appropriation Act making full fiscal year appropriations for such fiscal year to the entity described in paragraph (2)(B), the Secretary of the Treasury shall calculate the total amount in the Fund that is available to be distributed for such fiscal year in accordance with paragraph (2).
 (2)Distribution of amounts in the FundSubject to the other provisions of this section, not later than 30 days after a calculation is made under paragraph (1) for a fiscal year, the Secretary of the Treasury shall distribute the amount available to be distributed for such fiscal year to each of the following entities:
 (A)The National Institutes of Health. (B)The Food and Drug Administration.
 (3)RatioThe amount that the Secretary of the Treasury distributes to an entity described in subparagraph (A) or (B) of paragraph (2) during a fiscal year shall bear the same relation to the total amount calculated under paragraph (1) for such fiscal year as the amount of discretionary appropriations appropriated to such entity for such fiscal year bears to the total amount of discretionary appropriations appropriated to the entities described in subparagraphs (A) and (B) of paragraph (2) for such fiscal year.
				(4)Requirements for distribution
 (A)In generalThe Secretary of the Treasury shall distribute amounts in the Fund during a fiscal year in accordance with paragraph (2) only if—
 (i)the discretionary appropriations for the entity described in paragraph (2)(A) is greater than the applicable minimum amount for such entity for such fiscal year; and
 (ii)the discretionary appropriations for the entity described in paragraph (2)(B) is greater than the applicable minimum amount for such entity for such fiscal year.
						(B)Subsequent law impacting distribution
 (i)Below minimum amountIf a law is enacted or becomes effective after amounts are appropriated to each entity described in subparagraph (A) or (B) of paragraph (2) for a fiscal year and such law decreases the amount appropriated to either such entity for such fiscal year from an amount that is greater than the applicable minimum amount to an amount that is less than or equal to such minimum amount, any amounts that were distributed by the Secretary of the Treasury under paragraph (2) shall remain so distributed for such fiscal year.
 (ii)Above minimum amountIf a law is enacted or becomes effective after amounts are appropriated for a fiscal year to each entity described in subparagraph (A) or (B) of paragraph (2) and such law increases the amount appropriated to either such entity for such fiscal year from an amount that is less than or equal to the minimum amount to an amount that is greater than such minimum amount, and all other conditions for distribution under this paragraph are met for the fiscal year, the amounts in the Fund shall be distributed by the Secretary of the Treasury under paragraph (2) for such fiscal year.
 (C)Failure to meet requirementsIf the requirements under subparagraph (A) are not met during a fiscal year, amounts in the Fund shall—
 (i)not be distributed under paragraph (2); and (ii)remain in the Fund, earning interest in accordance with subsection (d), until such requirements, or the conditions under subsection (f), are met during a fiscal year.
						(5)Allocations
 (A)In generalIf amounts are distributed under paragraph (2) during a fiscal year, of the amounts so distributed— (i)20 percent shall become available for obligation during the fiscal year during which the distribution is made;
 (ii)20 percent shall become available for obligation during the first fiscal year after the fiscal year during which the distribution is made;
 (iii)20 percent shall become available for obligation during the second fiscal year after the fiscal year during which the distribution is made;
 (iv)20 percent shall become available for obligation during the third fiscal year after the fiscal year during which the distribution is made; and
 (v)20 percent shall become available for obligation during the fourth fiscal year after the fiscal year during which the distribution is made.
 (B)Availability of amountsAny amounts distributed under paragraph (2) shall remain available until expended. (6)Authorized usesAmounts distributed under paragraph (2) from the Fund shall be used to support—
 (A)basic research on the underlying basis for disease to better address disease prevention, diagnosis, and treatment;
 (B)research that fosters disruptive innovation, such as— (i)research on diseases or conditions for which treatments exist but are inadequate, including chronic and acute pain;
 (ii)research on diseases or conditions for which there are unmet medical needs; (iii)research on diseases or conditions for which treatments exist but the side effect profiles of such treatments limit therapeutic potential;
 (iv)research on new approaches to treatment of diseases using drugs, devices, or therapies that, at the time of distribution under paragraph (2), are not used or are underused; or
 (v)research conducted by experienced investigators with a history of productive and innovative research, such that funding provides long-term stability for such research and allows such investigators to take greater risks, be more adventurous in their lines of inquiry, or take the time to develop groundbreaking techniques;
 (C)research related to diseases that disproportionally account for Federal health care spending, including spending under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children’s Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), the TRICARE program under chapter 55 of title 10, United States Code, and hospital care and medical services furnished by the Department of Veterans Affairs under chapters 17 and 18 of title 38, United States Code, such as research relating to—
 (i)diseases that disproportionally impact older individuals; (ii)degenerative diseases; or
 (iii)chronic conditions; (D)early career scientists, such as through—
 (i)awarding research project grants that support discrete, specified, and circumscribed projects to be performed by the investigator in an area representing the specific interests and competencies of such investigator, to investigators—
 (I)who are within 10 years of completing a terminal research degree; or (II)who are within 10 years of completing a medical residency;
 (ii)awarding grants that support career development experiences that lead to earlier research independence; and
 (iii)awarding grants that support innovative training programs that, in addition to scientific training, provide additional training to enhance employment opportunities, including training in management and business, to—
 (I)graduate students; (II)post-doctoral fellows;
 (III)individuals within 10 years of completing a terminal research degree; or (IV)individuals within 10 years of completing a medical residency;
 (E)research efforts that increase the potential for breakthrough discoveries across a diverse set of investigators, research groups, and institutions, which may include supporting—
 (i)investigators that are members of traditionally underrepresented racial and ethnic groups; (ii)research groups that are diverse in size; or
 (iii)institutions that increase the geographic diversity of funding provided by the National Institutes of Health;
 (F)the development, review, and post-market surveillance of medical products, as determined by the Secretary of Health and Human Services; and
 (G)research to carry out the goals of the strategy and implementation plan for advancing science to promote public health and advance innovation in regulatory decision making developed under section 1124 of the Food and Drug Administration Safety and Innovation Act (21 U.S.C. 393 note), and other such research activities to improve the predictability, consistency, and efficiency of science-based decision making concerning medical products, including facilitating the timely introduction of new technologies and methodologies in a safe and effective manner as determined by the Secretary of Health and Human Services.
 (7)Interagency transfersAmounts distributed from the Fund under paragraph (2) shall be available through interagency transfer to support research conducted jointly by the National Institutes of Health or the Food and Dug Administration and other Federal agencies.
				(d)Investment of fund balances
 (1)In generalAmounts in the Fund shall be invested in interest-bearing obligations of the United States in the form of special-issue securities, paying interest to the Fund at rates applicable to such securities, and such amounts shall be redeemable by the Secretary of the Treasury, for purposes of distribution under subsection (c)(2).
 (2)Distributed amountsAny amounts that have been distributed during a fiscal year under subsection (c)(2) shall not be considered amounts in the Fund for the purpose of this subsection.
 (e)ProhibitionAmounts in the Fund may not be made available for any use other than a use described in subsection (c)(6).
			(f)Transfer To reduce the deficit
 (1)In generalSubject to paragraph (2), if amounts in the Fund are not distributed by the Secretary of the Treasury under subsection (c)(2) for any 3 consecutive fiscal years, the Secretary of the Treasury shall transfer all amounts in the Fund to the general fund of the Treasury for purposes of reducing the Federal deficit.
 (2)Year of distributionFor purposes of paragraph (1), 3 fiscal years shall not be deemed to be consecutive if during any of such years the Secretary of the Treasury has transferred all amounts in the Fund into the general fund of the Treasury in accordance with such paragraph.
				(g)Reports
				(1)Secretary reports
 (A)In generalNot later than November 30, 2021, and every year thereafter through 2030 the Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees a report on the operation of the Fund during the fiscal year.
 (B)ContentsEach report shall include, for the fiscal year covered by the report, each of the following: (i)A statement of the amounts, and the source of such amounts, transferred to, credited to, and deposited into the Fund.
 (ii)A description of any amounts distributed under subsection (c)(2) during the fiscal year. (iii)A statement of the balance remaining in the Fund at the end of the fiscal year.
 (iv)A statement of the amounts invested in interest-bearing obligations of the United States, and the interest earned on such investments.
						(2)Agency reports
 (A)Annual reportingFor each fiscal year in which amounts are available for obligation under subsection (c)(5), the Director of the National Institutes of Health and the Commissioner of Food and Drugs shall report on the use of such amounts in the annual budget submission for such fiscal year of the National Institutes of Health and the Food and Drug Administration, respectively.
 (B)NIH reportsSection 403(a) of the Public Health Service Act (42 U.S.C. 283(a)) is amended by adding at the end the following:

 (7)A summary of the use of funds distributed under section 3(c)(2)(A) of the National Biomedical Research Act to the National Institutes of Health from the Biomedical Innovation Fund, established under section 3(a) of such Act, including the amounts allocated to each national research institute and national center, the projects funded by such amounts, the accomplishments that have resulted from such amounts, and the goals for future use of such amounts..
 (C)FDA reportsFor each 3-year period beginning on the date of enactment of this Act, if amounts are distributed under subsection (c)(2)(B) to the Food and Drug Administration for any fiscal year during such 3-year period, the Commissioner of Food and Drugs 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 that describes the allocation of such amounts within the Food and Drug Administration, the projects funded by such amounts, the accomplishments that have resulted from such amounts, and the goals for future use of such amounts.
					4.Budgetary provisions
 (a)Discretionary spending limitsThe Office of Management and Budget shall not include amounts distributed under section 3(c)(2) during a fiscal year in determining whether there has been a breach of the discretionary spending limits under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) during the fiscal year.
 (b)Budget enforcementIf a bill or joint resolution, or amendment thereto or conference report thereon, if enacted, would cause amounts to be distributed under section 3(c)(2), the Chairperson of the Committee on the Budget of the House of Representatives and Chairperson of the Committee on the Budget of the Senate shall not include the budgetary effects of such distribution for purposes of enforcement of budgetary allocations, aggregates, levels, and limits in the House of Representatives and the Senate.
 5.OffsetsIt is the sense of the House of Representatives that the amounts transferred under section 3(b) should be offset completely.


116 HR 6459 IH: Small Cities and Towns Investment Act
U.S. House of Representatives
2020-04-07
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.

I116th CONGRESS2d SessionH. R. 6459IN THE HOUSE OF REPRESENTATIVESApril 7, 2020Ms. Craig introduced the following bill; which was referred to the Committee on AgricultureA BILLTo provide funds to enable counties to make competitive grants to qualified local units of government to address major community development and public infrastructure challenges, and for other purposes.1.Short titleThis Act may be cited as the Small Cities and Towns Investment Act.2.Grants for counties(a)In generalThe Secretary of Agriculture, through the Rural Development Innovation Center, shall make a block grant in accordance with this Act to a county with a submission approved by the Secretary under section 3, for each year in the 5-year period during which the plan included in the submission is to be in effect.(b)DefinitionsIn this Act:(1)Qualified local unit of governmentThe term qualified local unit of government means a town, city, village, township, or similar entity that has a population of no greater than 30,000 individuals.(2)Regional planning entityThe term regional planning entity means a regional planning commission, regional council, or council of governments.(3)SecretaryThe term Secretary means the Secretary of Agriculture.3.Submission; consolidated plan(a)SubmissionA county that desires grants under this Act shall submit to the Secretary a consolidated plan that—(1)provides a broad overview of the projects for which the grants are to be used;(2)identifies ways to engage residents of the county (including by holding public hearings, publishing information on available funds, or providing technical assistance for persons interested in applying for grant funds) throughout the process of applying for, and using grants provided under this Act;(3)identifies specific areas in need of improvement in the county;(4)describes the short- and long-term community and economic development objectives of the county;(5)identifies the private, public, and nonprofit institutions that are willing and able to assist in carrying out the plan;(6)has been developed in coordination with the regional planning entity for the area in which the county is located (or, if there is no such entity for the area, the Secretary), and using the Comprehensive Economic Development Strategy developed by the Economic Development Administration in coordination with the regional planning entity (or, if there is no such entity, the Secretary);(7)specifies the 5-year period during which the plan is to be in effect;(8)is submitted to the Secretary and the office of economic development of the State in which the county is located, not later than 45 days before the beginning of the 5-year period referred to in paragraph (7); and(9)includes—(A)a binding commitment from the State in which the county is located to provide the county with $10 (from funds not provided by the Federal Government) to carry out the plan for each $85 in funds provided to the county under this Act to carry out the plan; and(B)a binding commitment from the county that the county will, alone or in combination with one or more local units of government in the county, expend a total of $5 (from funds not provided by the Federal Government) for each $85 in funds provided to the county under this Act to carry out the plan.(b)Approval; disapproval(1)ApprovalThe Secretary shall approve a submission that meets the requirements of subsection (a) if—(A)not less than 80 percent of the grants to be provided to the submitter under this Act would be distributed to one or more qualified local units of government through a competitive grant program, and the submitter would retain not more than 20 percent of the grants;(B)the grants would be used, in accordance with the consolidated plan contained in the submission, to purchase, construct, improve, or operate essential community facilities (including health care facilities; public facilities, such as town halls, courthouses, airport hangers, or public transportation; community support services, such as workforce housing, child care centers, community centers, or transitional housing; public safety services; educational services, including classroom technological modernization; utility services, including environmental protection services such as sewage disposal, sanitation, and pollution abatement; local food systems; and local amenities), purchase equipment, and pay related project expenses, consistent with section 5; and(C)each qualified local unit of government that would be receiving such a grant would ensure that each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the grant would be paid wages at rates not less than the rates prevailing on similar construction 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 known as the Davis-Bacon Act); and(D)the submitter demonstrates that there is substantial community support for the plan.(2)DisapprovalThe Secretary shall make available to the general public the reasons for the disapproval of a submission made pursuant to this section.4.Allocation of funds(a)In generalThe Secretary shall allocate the amounts made available by this Act among counties with submissions approved under section 3, in accordance a formula prescribed by the Secretary in regulations, that the Secretary determines would best allow counties to address major community development and public infrastructure challenges. In developing the formula, the Secretary shall consider the following criteria:(1)Per capita income levels.(2)Population growth rates.(b)EvaluationEvery 2 years, the Secretary shall evaluate the effectiveness of the formula prescribed under subsection (a), and revise the formula, as necessary, to best enable counties to address major community development and public infrastructure challenges.(c)Report to CongressThe Secretary shall submit to the Congress a report on each formula used under this section, which sets forth the formula and explains how allocating the amounts made available by this Act best achieves the purposes of this Act.5.Limitations; use of funds(a)LimitationsA local unit of government to which a grant is made under this Act may not use the grant—(1)to discriminate against any person on the basis of race, color, sex, age, sexual orientation, or national origin;(2)as matching funds to receive Federal funds under any other law; or(3)in contravention of the requirements under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code.(b)Use of fundsA county to which funds are provided under this Act for a fiscal year shall reserve 1 percent of the funds for administration of the funds.6.Annual action reports; audits by the Inspector General(a)Annual action reportsBy the end of each year for which a grant is made under this Act to a county, the county shall submit to the Secretary a report that—(1)identifies the development goals of the county for the succeeding year;(2)contains a brief summary of the actions and activities to be undertaken with funds provided under this Act, and identifies specific, measurable goals that match the priorities identified in the plan to be carried out using the funds;(3)outlines the Federal and non-Federal resources that will be used in doing so;(4)details the progress made by the county in achieving the goals identified as described in this subsection for the preceding year; and(5)includes information on the amount of the grant provided to the county for the year covered by the report, and details on how the money was distributed for each project under the plan referred to in section 3.(b)Audits by the Inspector GeneralThe Inspector General of the Department of Agriculture shall conduct periodic and random audits of the projects to which funds are provided under this Act.7.Authorization of appropriationsThere is authorized to be appropriated $10,000,000,000 for fiscal year 2021 and each succeeding fiscal year to make grants under this Act.


117 S584 IS: Nutrition Counseling Aiding Recovery for Eating Disorders Act of 2021
U.S. Senate
2021-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 584IN THE SENATE OF THE UNITED STATESMarch 3, 2021Ms. Hassan (for herself, Ms. Murkowski, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide coverage of medical nutrition therapy services for individuals with eating disorders under the Medicare program.1.Short titleThis Act may be cited as the Nutrition Counseling Aiding Recovery for Eating Disorders Act of 2021 or the Nutrition CARE Act of 2021.2.FindingsCongress finds the following:(1)28,800,000 individuals in the United Sates, or 9 percent of the national population, will have an eating disorder in their lifetime. It is estimated that 1,619,300 to 2,080,600 individuals on Medicare part B are affected by an eating disorder, including 420,500 to 560,700 beneficiaries who identify as Black, Indigenous, or People of Color.(2)10,200 deaths per year in the United States occur as a direct result of an eating disorder, equating to 1 death every 52 minutes. Eating disorders have one of the highest mortality rates of all mental illness due to serious medical comorbidities such as stroke, diabetes, and gastric rupture, in addition to the fact that longitudinal studies have found that the suicide risk for those with an eating disorder is 23 times the expected risk.(3)Eating disorders can be successfully treated with care encompassing the 4 pillars of successful treatment: medical, psychiatric, therapy, and medical nutrition therapy. In general, Medicare provides some, but not all, care necessary for eating disorders treatment. It doesn’t cover medical nutrition therapy at the outpatient level and provides no coverage at the intensive outpatient or residential treatment levels.(4)Eating disorders are expensive. The yearly economic cost of eating disorders is $64,700,000,000, with families and individuals experiencing an economic loss of $23,500,000,000 per year. Each year, eating disorders are directly responsible for 23,560 inpatient hospitalizations costing $209,700,000 and 53,918 emergency room visits costing $29,300,000.(5)Eating disorders in the elderly are particularly serious because chronic disorders or diseases may already compromise a patient’s health and make a patient more prone to serious comorbidities associated with eating disorders, including cardiac, metabolic, gastric, and bone conditions. Early diagnosis and proper treatment of this population is essential.3.Providing coverage of medical nutrition therapy services for individuals with eating disorders under the Medicare programSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—(1)in subsection (s)(2)(V)—(A)by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and adjusting the margins accordingly;(B)in subclause (III), as so redesignated, by striking the semicolon at the end and inserting ; or;(C)by striking beneficiary with diabetes and inserting the following:beneficiary—(i)with diabetes; and(D)by adding at the end the following new clause:(ii)beginning January 1, 2022, with an eating disorder (as defined by the Secretary in accordance with most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association);; and(2)in subsection (vv)—(A)in paragraph (1)—(i)by inserting (including management of an eating disorder (as defined for purposes of subsection (s)(2)(V)(ii))) after disease management; and(ii)by striking which are furnished by and all that follows through the period and inserting “which are furnished—(A)by a registered dietitian or nutrition professional (as defined in paragraph (2));(B)pursuant to a referral by—(i)a physician (as defined in subsection (r)(1)); or(ii)a psychologist (or other mental health professional to the extent authorized under State law); and(C)in the case of such services furnished to an individual for the purpose of management of such an eating disorder, at the times specified in paragraph (4).; and(B)by adding at the end the following new paragraph:(4)(A)For purposes of paragraph (1)(C), the times specified in this paragraph are, with respect to medical nutrition therapy services furnished to an individual for purposes of management of an eating disorder, at least the following:(i)13 hours (including a 1-hour initial assessment and 12 hours of reassessment and intervention) during the 1-year period beginning on the date such individual is first furnished such services.(ii)Subject to subparagraph (B), 4 hours during each subsequent 1-year period.(B)The Secretary may apply such other reasonable limitations with respect to the furnishing of medical nutrition therapy services for purposes of management of an eating disorder during a period described in subparagraph (A)(ii) as the Secretary determines appropriate..


114 S2110 IS: Women's Pension Protection Act of 2015
U.S. Senate
2015-09-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2110
		IN THE SENATE OF THE UNITED STATES

			September 30, 2015
			Mrs. Murray (for herself, Mrs. Gillibrand, Mrs. McCaskill, Mrs. Shaheen, Ms. Mikulski, Ms. Cantwell, Ms. Baldwin, Ms. Stabenow, Ms. Klobuchar, Mrs. Feinstein, Ms. Hirono, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal
			 protection under defined contribution plans, and for other purposes.

		1.Short title; findings
			(a)Short title
 This Act may be cited as the Women's Pension Protection Act of 2015.
 (b)FindingsCongress finds the following: (1)Approximately 45.9 percent of private sector workers do not participate in a workplace retirement savings program and, of those who do not participate, 84 percent have reported that they do not have access to a workplace retirement program, according to a September 2015 report on retirement coverage by the Government Accountability Office.
 (2)Women’s retirement preparedness often lags significantly behind their male counterparts, resulting in the median retirement income for women in 2010 being just 59 percent of men’s retirement income.
 (3)Women are almost twice as likely as men to live in poverty after age 65. (4)Women make up 2/3 of low-wage workers, even though they comprise less than half of all workers, and low wage workers are less likely than other workers to participate in a retirement plan at work.
 (5)The cost impact on women who leave the workforce early to become caregivers, in terms of lost wages and Social Security benefits, equals $324,044 in lost retirement savings.
 (6)Just 1 in 5 part-time workers who work a full year are eligible for a retirement plan, and women are almost twice as likely to work part-time as men.
 (7)While traditional defined benefit retirement plans have spousal protections, defined contribution retirement plans, which have become increasingly common, currently provide no similar spousal protections.
				IImproving pension plan coverage
			101.Increasing spousal protection under defined contribution plans
 (a)In generalPart 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1051 et seq.) is amended by inserting after section 205 the following new section:

						205A.Additional spousal consent requirements
 (a)In generalEach individual account plan to which section 205 does not apply shall provide that, except as provided in subsections (c) and (d), no distribution may be made under the plan unless the spousal consent requirements of subsection (e) are met.
 (b)Coordination with section 205Nothing in this section shall be construed to exempt an individual account plan from the requirements of paragraph (1)(C) or (2) of section 205(b) with respect to any participant.
 (c)Exceptions for certain distributionsSubsection (a) shall not apply to— (1)any distribution that is—
 (A)a minimum required distribution described in section 4974(b) of the Internal Revenue Code of 1986;
 (B)a result of the use of the participant's accrued benefit as security for a loan, including any distribution required by reason of a failure to comply with the terms of such loan;
 (C)made upon hardship of the participant; or (D)permitted under section 203(e)(1) to be made without the consent of the participant;
 (2)any distribution in the form of a qualified joint and survivor annuity (as defined in section 205(d)(1)), a qualified optional survivor annuity (as defined in section 205(d)(2)), a qualified preretirement survivor annuity (as defined in section 205(e)), or a series of substantially equal periodic payments (not less frequently than annually) made for the joint lives (or life expectancies) of the participant and the participant's spouse; or
 (3)in the case of a participant who does not elect a form of benefit described in paragraph (2) under the plan or who is participating in a plan that does not provide such a form of benefit, any distribution of the participant's entire nonforfeitable accrued benefit if 50 percent of such accrued benefit is transferred to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) of the spouse of the participant.
								A transfer described in paragraph (3) to an individual retirement plan shall be treated in the same
			 manner as a transfer under section 408(d)(6) of the Internal Revenue Code
 of 1986.(d)Exceptions for certain rollover contributionsSubsection (a) shall not apply to any distribution that is an eligible rollover distribution (as defined in section 402(f)(2)(A) of the Internal Revenue Code of 1986) made in the form of a direct trustee-to-trustee transfer within the meaning of section 401(a)(31) of the Internal Revenue Code of 1986—
 (1)to a plan to which this section or section 205 applies; or (2)to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) if—
 (A)the beneficiary of such plan is the spouse of the participant, or the spousal consent requirements of subsection (e) are met with respect to any designation of 1 or more other beneficiaries; and
 (B)the beneficiary of such plan (whether the spouse or other beneficiary designated under paragraph (1)) may not be changed unless—
 (i)the spousal consent requirements of subsection (e) are met with respect to any such change, or (ii)the spousal consent under subparagraph (A) to the designation of a beneficiary other than the spouse expressly permits such designation to be changed without the further consent of the spouse.
										(e)Spousal consent requirements
 (1)In generalFor purposes of this section, except as provided in paragraph (2), the spousal consent requirements of this subsection are met with respect to any distribution or any designation or change of beneficiary if—
 (A)the plan provides to each participant, within a reasonable period of time before such distribution or designation or change of beneficiary is made and consistent with such regulations as the Secretary of the Treasury may prescribe, a written explanation of the rights of the participant and the participant's spouse under this section;
 (B)the spouse of the participant consents in writing to the distribution or designation or change of beneficiary;
 (C)in the case of a distribution, the written consent under subparagraph (B) is made during the consent period; and
 (D)the written consent under subparagraph (B)— (i)acknowledges the effect of such distribution or designation or change of beneficiary; and
 (ii)is witnessed by a plan representative or a notary public.
 (2)Exceptions under section 205(c)(2)(B) to applyThe requirements of paragraph (1) (other than subparagraph (A) thereof) shall not apply with respect to any distribution or designation or change of beneficiary if a participant establishes to the satisfaction of the plan administrator that—
 (A)there is no spouse; (B)the participant and the participant's spouse have not been married throughout the 1-year period ending on the date of the distribution or designation or change of beneficiary; or
 (C)such consent cannot be obtained because— (i)the spouse cannot be located;
 (ii)due to exceptional circumstances, requiring the participant to seek the spouse's consent would be inappropriate; or
 (iii)of such other circumstances as the Secretary of the Treasury may by regulations prescribe. (3)Consent limited to spouse and eventAny written consent by a spouse under paragraph (1), or the establishment by a participant that an exception under paragraph (2) applies with respect to a spouse, shall be effective only with respect to that spouse and to the distribution or designation or change of beneficiary to which it relates.
 (4)Consent periodFor purposes of this subsection, the term consent period means, with respect to any distribution— (A)the 90-day period immediately preceding the date of such distribution; or
 (B)such other period as the Secretary of the Treasury may provide. (f)Discharge of plan from liabilityRules similar to the rules of section 205(c)(6) shall apply for purposes of this section..
 (b)Clerical amendmentThe table of sections of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 205 the following new item:
					Sec. 205A. Additional spousal consent requirements..
 (c)Right of actionSection 502(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132), as amended by the Multiemployer Pension Reform Act of 2014, is amended by striking or at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ; or, and by adding at the end the following new paragraph:

 (12)by an individual for appropriate relief in the case of a violation of the individual's rights under section 205A..
 (d)Parallel amendment to section 205Section 205(c)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(c)(2)(B)) is amended by inserting , because due to exceptional circumstances requiring the participant to seek the spouse's consent would be inappropriate after located.
				102.Improving coverage for long-term part-time workers
				(a)In general
 Section 202 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052) is amended by adding at the end the following new subsection:

						(c)Special rule for certain part-Time employees
 (1)In generalA pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of—
 (A)the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof) and section 410(a)(1) of such Code (determined without regard to subparagraph (B)(i) thereof); or
 (B)the first 36-month period— (i)consisting of 3 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and
 (ii)by the close of which the employee has attained the age of 21. (2)ExceptionParagraph (1)(B) shall not apply to employees who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers.
 (3)Coordination with other rulesIn the case of employees who are not highly compensated employees (within the meaning of section 414(q) of the Internal Revenue Code of 1986) and who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B):
 (A)ExclusionsAn employer may elect to exclude such employees from the determination of whether the plan that includes the arrangement or agreement satisfies the requirements of subsections (a)(4), (k)(3), (k)(12), (k)(13), (m)(2), (m)(11), and (m)(12) of section 401 of such Code, section 410(b) of such Code, and section 416 of such Code. If the employer so excludes such employees with respect to the requirements of any such provision, such employees shall be excluded with respect to the requirements of all such provisions. This subparagraph shall cease to apply to any employee as of the first plan year beginning after the plan year in which the employee completes 1 year of service (without regard to paragraph (1)(B) of this subsection).
 (B)Time of participationThe rules of subsection (a)(4) and section 410(a)(4) of the Internal Revenue Code of 1986 shall apply to such employees.
 (4)12-month periodFor purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2014, shall not be taken into account..
 (b)VestingSection 203(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

 (4)Part-Time employeesFor purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions—
 (A)except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; and
 (B)12-month periods occurring before the 36-month period described in section 202(c)(1)(B) shall not be treated as years of service.
							For purposes of this paragraph, 12-month periods shall be determined in the same manner as under
			 the last sentence of section 202(a)(3)(A), except that 12-month periods
			 beginning before January 1, 2014, shall not be taken into account..
 (c)PenaltySection 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection:

 (n)Requirements relating to part-Time employeesIn the case of a plan that fails to permit participation as required by section 202(c), the Secretary may assess a civil penalty against the plan sponsor in an amount equal to $10,000 per year per employee to whom such failure relates. The Secretary may, in the Secretary’s sole discretion, waive or reduce the penalty under this subsection if the Secretary determines that the plan sponsor acted reasonably and in good faith.
						.
				103.Effective dates
 (a)Increasing spousal protection under defined contribution plansExcept as provided in subsections (c) and (d), the amendments made by section 101 shall apply to distributions and rollover contributions made in plan years beginning after the date that is 6 months after the date of the enactment of this Act.
 (b)Ensuring coverage for long-Term part-Time workersExcept as provided in subsections (c) and (d), the amendments made by section 102 shall apply to plan years beginning after December 31, 2016.
 (c)Collective bargaining agreementsIn the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this title shall not apply to distributions or rollover contributions on behalf of employees covered by any such agreement for plan years beginning before the earlier of—
 (1)the later of— (A)the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof on or after such date of the enactment); or
 (B)the day after the date specified in subsection (a) or (b), whichever is applicable; or (2)the date that is 3 years after the applicable day described in paragraph (1)(B).
					(d)Provisions relating to plan amendments
 (1)In generalIf this paragraph applies to any plan or contract amendment, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(C).
					(2)Amendments to which paragraph (1) applies
 (A)In generalParagraph (1) shall apply to any amendment to any plan or annuity contract which is made— (i)pursuant to the amendments made by this title or pursuant to any regulation issued under the Employee Retirement Income Security Act of 1974 as amended by this title; and
 (ii)on or before the last day of the first plan year beginning on or after the date that is 3 years after the applicable day described in subsection (c)(1)(B).
 (B)ConditionsSubparagraph (A) shall not apply to any amendment unless— (i)the plan or contract is operated as if such plan or contract amendment were in effect for the period described in subparagraph (C); and
 (ii)such plan or contract amendment applies retroactively for such period. (C)Period describedThe period described in this subparagraph is the period—
 (i)beginning on the effective date specified by the plan; and (ii)ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted).
							IIImproving financial literacy
			201.Access to independent consumer information and understanding
 (a)DefinitionsAs used in this section— (1)the term consumer means any person who purchases or acquires any goods, products, services, or credit related to the retirement or later life economic security of the consumer; and
 (2)the term financial product or service provider means any person who engages in the business of providing any retirement financial product or service to any consumer.
 (b)Required link to consumer awareness informationIn any offer for the sale, exchange, or other transfer of a retirement financial product or service to a consumer carried out by a financial product or service provider, such provider shall provide, in a manner consistent with subsection (c), an easily accessible link to the website of the Bureau of Consumer Financial Protection (CFPB) at which the consumer may access information, literature, guides, programs, tools, strategies, or any other resource produced by the CFPB or other Federal agency relating to retirement planning or later life economic security.
 (c)DeterminationIn order to ensure that the requirement under subsection (b) is effectively carried out, the Financial Literacy and Education Commission (FLEC) shall determine and publish on its website the appropriate link to the CFPB’s website for access to the CFPB’s and other Federal agencies’ consumer education materials, the preferred format of such link, and any accompanying description of the CFPB and the consumer education materials associated with such link.
				202.Grants to
			 promote financial literacy for women
				(a)Authorization
 of grant awardsThe Secretary of Labor, acting through the Director of the Women's Bureau, Department of Labor, shall award grants on a competitive basis to eligible entities to enable such entities to improve the financial literacy of women who are working age or in retirement, to increase the likelihood of their realizing a secure and stable retirement.
				(b)Definition of
 eligible entityIn this section, the term eligible entity means a community-based organization with proven experience and expertise in serving working-age or retired women.
 (c)ApplicationAn eligible entity that desires to receive a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, and accompanied by such information as such Secretary may require.
				(d)Minimum grant
 amountThe Secretary of Labor shall award grants under this section in amounts of not less than $250,000.
				(e)Use of
 fundsAn eligible entity that receives a grant under this section shall use the grant funds to develop and implement financial literacy education, and related activities including outreach, awareness building, and counseling to increase women's knowledge of retirement planning and consumer, economic, and personal financial concepts.
				(f)Authorization
 of appropriationsThere is authorized to be appropriated such sums as are necessary to carry out this section.


114 HR 721 IH: Short Line Railroad Rehabilitation and Investment Act of 2015
U.S. House of Representatives
2015-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 721
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2015
			Ms. Jenkins of Kansas (for herself, Mr. Blumenauer, Mr. Rodney Davis of Illinois, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend and modify the railroad track maintenance
			 credit.

 1.Short titleThis Act may be cited as the Short Line Railroad Rehabilitation and Investment Act of 2015. 2.Extension and modification of Railroad Track Maintenance Credit (a)Extension of creditSection 45G(f) of the Internal Revenue Code of 1986 is amended by striking January 1, 2015 and inserting January 1, 2017.
 (b)ExpendituresSubsection (d) of section 45G of the Internal Revenue Code of 1986 (relating to qualified railroad track maintenance expenditures) is amended by striking for maintaining and all that follows and inserting
 for maintaining—(A)in the case of taxable years beginning after December 31, 2004, and before January 1, 2015, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2005, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track), and
 (B)in the case of taxable years beginning after December 31, 2014, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2015, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track)..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.


114 S1514 IS: Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2015
U.S. Senate
2015-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1514IN THE SENATE OF THE UNITED STATESJune 4, 2015Mr. Portman (for himself and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide for the application of Medicare
			 secondary payer rules to certain workers’ compensation settlement
			 agreements and qualified Medicare set-aside provisions.

 1.Short titleThis Act may be cited as the Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2015. 2.Application of Medicare secondary payer rules to certain workers’ compensation settlement agreements and qualified Medicare set-aside provisions (a)Threshold for secondary payer provisions for certain workers' compensation settlement agreementsSection 1862 of the Social Security Act (42 U.S.C. 1395y) is amended—
 (1)in subsection (b)(2)(A)(ii), by inserting subject to subsection (p), after (ii); and (2)by adding at the end the following new subsection:

						(p)Threshold for secondary payer provisions for certain workers' compensation settlement agreements
 (1)In generalA workers’ compensation law or plan shall not be treated as a primary plan for purposes of subsection (b) with respect to a workers’ compensation settlement agreement if the agreement (or claimant under the agreement) meets any of the following requirements:
 (A)Total settlement amount not exceeding $25,000Such agreement has a total settlement amount (as determined under paragraph (2)) that does not exceed $25,000 or such greater amount as the Secretary may specify in regulations.
 (B)Likely ineligibility of workers' compensation claimant for medicare benefitsThe claimant subject to such agreement— (i)is not eligible for benefits under this title as of the effective date of the agreement; and
 (ii)is unlikely to become so eligible, as determined under paragraph (3), within 30 months after such effective date.
 (C)No future workers’ compensation medical expensesThe claimant subject to such agreement is not eligible for payment of medical expenses incurred after the effective date of the agreement from the workers’ compensation law or plan of the jurisdiction in which such agreement will be effective.
 (D)No limitation on future workers’ compensation medical expensesSuch agreement does not limit or extinguish the right of the claimant to payment of medical expenses incurred after the effective date of such agreement by the workers’ compensation law or plan of the jurisdiction in which the agreement will be effective.
 (2)Determination of total settlement amount of workers’ compensation settlement agreementFor purposes of paragraph (1)(A) and subsection (q) and with respect to a work-related injury or illness that is the subject of a workers’ compensation settlement agreement, the total settlement amount of the agreement is the sum of monetary wage replacement benefits, attorney fees, all future medical expenses, repayment of Medicare conditional payments, payout totals for annuities to fund the expenses listed above, and any previously settled portion of the workers’ compensation claim.
 (3)Determination of likely ineligibility of claimant for medicare benefitsFor purposes of paragraph (1)(B)(ii), a workers’ compensation claimant shall be deemed unlikely to become eligible for benefits under this title within 30 months after the effective date of the agreement unless, as of the effective date of the agreement, such claimant is insured for disability insurance benefits under section 223(c)(1) and is described in any of the following subparagraphs:
 (A)Awarded disability benefitsThe individual has been awarded such disability insurance benefits. (B)Applied for disabilityThe individual has applied for such disability insurance benefits.
 (C)Anticipates appealThe individual has been denied such disability insurance benefits but anticipates appealing that decision.
 (D)Appealing or refilingThe individual is in the process of appealing or refiling for such disability insurance benefits. (E)Minimum ageThe individual is at least 62 years and 6 months of age.
 (F)End-stage renal diseaseThe individual is medically determined to have end-stage renal disease but does not yet qualify for health benefits under section 226A based on such disease.
 (4)DefinitionsFor purposes of this subsection and subsection (q): (A)Compromise agreementThe term compromise agreement means a workers’ compensation settlement agreement that—
 (i)applies to a workers’ compensation claim that is denied or contested, in whole or in part, by a workers’ compensation payer involved under the workers’ compensation law or plan applicable to the jurisdiction in which the agreement has been settled; and
 (ii)does not provide for a payment of the full amount of benefits sought or that may be payable under the workers’ compensation claim.
 (B)Commutation agreementThe term commutation agreement means a workers’ compensation settlement agreement to settle all or a portion of a workers’ compensation claim, in which—
 (i)liability for past and future benefits is not disputed; and (ii)the parties to the agreement agree to include payment for future workers’ compensation benefits payable after the date on which the agreement becomes effective.
 (C)Workers’ compensation claimantThe term workers’ compensation claimant means a worker who— (i)is or may be covered under a workers’ compensation law or plan; and
 (ii)submits a claim or accepts benefits under such law or plan for a work-related injury or illness. (D)Workers' compensation law or plan (i)In generalThe term workers’ compensation law or plan means a law or program administered by a State or the United States to provide compensation to workers for a work-related injury or illness (or for disability or death caused by such an injury or illness), including the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901–944, 948–950), chapter 81 of title 5, United States Code (known as the Federal Employees Compensation Act), the Black Lung Benefits Act (30 U.S.C. 931 et seq.), and part C of title 4 of the Federal Coal Mine and Safety Act (30 U.S.C. 901 et seq.), but not including the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to as the Federal Employer’s Liability Act).
 (ii)Inclusion of similar compensation planSuch term includes a similar compensation plan established by an employer that is funded by such employer or the insurance carrier of such employer to provide compensation to a worker of such employer for a work-related injury or illness.
 (E)Workers’ compensation payerThe term workers’ compensation payer means, with respect to a workers’ compensation law or plan, a workers’ compensation insurer, self-insurer, employer, individual, or any other entity that is or may be liable for the payment of benefits to a workers' compensation claimant pursuant to the workers' compensation law or plan.
 (F)Workers’ compensation settlement agreementThe term workers’ compensation settlement agreement means an agreement, which includes a commutation agreement or compromise agreement, or any combination of both, between a claimant and one or more workers’ compensation payers which—
 (i)forecloses the possibility of future payment of some or all workers’ compensation benefits involved; and
 (ii)(I)compensates the claimant for a work-related injury or illness as provided for by a workers’ compensation law or plan; or
 (II)eliminates cause for litigation involving issues in dispute between the claimant and payer.. (b)Satisfaction of Secondary Payer Requirements Through Use of Qualified Medicare Set-Asides Under Workers’ Compensation Settlement AgreementsSection 1862 of the Social Security Act (42 U.S.C. 1395y), as amended by subsection (a), is further amended by adding at the end the following new subsection:

					(q)Treatment of Qualified Medicare Set-Asides Under Workers' Compensation Settlement Agreements
						(1)Satisfaction of secondary payer requirements through use of qualified Medicare set-asides
							(A)Full satisfaction of claim obligations
 (i)In generalIf a workers’ compensation settlement agreement, related to a claim of a workers’ compensation claimant, includes a qualified Medicare set-aside (as defined in paragraph (2)), such set-aside shall satisfy any obligation with respect to the future payment reimbursement under subsection (b)(2) with respect to such claim.
 (ii)Rule of constructionNothing in this section shall be construed as requiring the submission of a Medicare set-aside to the Secretary.
 (B)Medicare set-aside and Medicare set-aside amount definedFor purposes of this subsection: (i)Medicare set-asideThe term Medicare set-aside means, with respect to a workers’ compensation settlement agreement, a provision in the agreement that provides for a payment of a lump sum, annuity, a combination of a lump sum and an annuity, or other amount that is in full satisfaction of the obligation described in subparagraph (A) for items and services that the workers’ compensation claimant under the agreement received or is likely to receive under the applicable workers’ compensation law and for which payment would be made under this title, but for subsection (b)(2)(A).
 (ii)Medicare set-aside amountThe term Medicare set-aside amount means, with respect to a Medicare set-aside, the actual dollar amount provided for in clause (i). (2)Qualified Medicare set-aside (A)Requirements of qualified Medicare set-asideFor purposes of this subsection, a Medicare set-aside shall be deemed to be a qualified Medicare set-aside if the Medicare set-aside amount reasonably takes into account the full payment obligation described in paragraph (1)(A), while meeting the requirements of subparagraphs (B) and (C) and is determined based on the following:
 (i)The illness or injury giving rise to the workers’ compensation claim involved. (ii)The age and life expectancy of the claimant involved.
 (iii)The reasonableness of and necessity for future medical expenses for treatment of the illness or injury involved.
 (iv)The duration of and limitation on benefits payable under the workers’ compensation law or plan involved.
 (v)The regulations and case law relevant to the State workers’ compensation law or plan involved. (B)Items and services includedA qualified Medicare set-aside—
 (i)shall include payment for items and services that are covered and otherwise payable under this title as of the effective date of the workers’ compensation settlement agreement and that are covered by the workers’ compensation law or plan; and
 (ii)is not required to provide for payment for items and services that are not described in clause (i). (C)Payment requirements (i)Required use of workers’ compensation fee schedule (I)In generalExcept in the case of an optional direct payment of a Medicare set-aside made under paragraph (5)(A), the set-aside amount shall be based upon the payment amount for items and services under the workers’ compensation fee schedule (effective as of the date of the agreement) applicable to the workers’ compensation law or plan involved.
 (II)Workers’ compensation fee schedule definedFor purposes of this subsection, the term workers’ compensation fee schedule means, with respect to a workers’ compensation law or plan of a State or a similar plan applicable in a State, the schedule of payment amounts the State has established to pay providers for items and services furnished to workers who incur a work-related injury or illness as defined under such law or plan (or in the absence of such a schedule, the applicable medical reimbursement rate under such law or plan).
									(ii)Optional proportional adjustment for compromise settlement agreements
 (I)In generalIn the case of a compromise settlement agreement, a claimant or workers’ compensation payer who is party to the agreement may elect to calculate the Medicare set-aside amount of the agreement by applying a percentage reduction to the Medicare set-aside amount for the total settlement amount that could have been payable under the applicable workers’ compensation law or similar plan involved had the denied, disputed, or contested portion of the claim not been subject to a compromise agreement. The percentage reduction shall be equal to the denied, disputed, or contested percentage of such total settlement. Such election may be made by a party to the agreement only with the written consent of the other party to the agreement.
 (II)ApplicationIf the claimant or workers’ compensation payer elects to calculate the Medicare set-aside amount under this clause, the Medicare set-aside shall be deemed a qualified Medicare set-aside.
									(3)Process for approval of qualified medicare set-asides
 (A)Optional prior approval by SecretaryA party to a workers’ compensation settlement agreement that includes a Medicare set-aside may submit to the Secretary the Medicare set-aside amount for approval of the set-aside as a qualified Medicare set-aside.
 (B)Notice of determination of approval or disapprovalNot later than 60 days after the date on which the Secretary receives a submission under subparagraph (A), the Secretary shall notify in writing the parties to the workers’ compensation settlement agreement of the determination of approval or disapproval. If the determination disapproves such submission the Secretary shall include with such notification the specific reasons for the disapproval.
 (C)Failure by Secretary to provide noticeIn the case of a failure by the Secretary to mail or deliver the notice of the determination under subparagraph (B) by the last day of the period described in such subparagraph, the party involved may file an appeal directly to the administrative law judge within 30 days after such failure.
							(4)Appeals
 (A)In generalA party to a workers’ compensation settlement agreement that is dissatisfied with a determination under paragraph (3)(B), upon filing a request for reconsideration with the Secretary not later than 60 days after the date of notice of such determination, shall be entitled to—
 (i)reconsideration of the determination by the Secretary (with respect to such determination); (ii)a hearing before an administrative law judge thereon after such reconsideration; and
 (iii)judicial review of the Secretary’s final determination after such hearing. (B)Deadlines for decisions (i)Reconsiderations (I)In generalThe Secretary shall conduct and conclude a reconsideration of a determination under subparagraph (A)(i) and mail or deliver electronically the notice of the decision of such reconsideration to the party involved by not later than the last day of the 30-day period beginning on the date that a request for such reconsideration has been timely filed.
 (II)Appeals of reconsiderationsIf a party to the workers’ compensation settlement involved is dissatisfied with the Secretary’s decision under subclause (I) that party may file an appeal within the 30-day period after the date of receipt of the notice of the decision under such subclause and request a hearing before an administrative law judge.
 (III)Failure by secretary to provide noticeIn the case of a failure by the Secretary to mail or deliver the notice of the decision under subclause (I) by the last day of the period described in such subclause, the party involved may file an appeal directly to an administrative law judge not later than 30 days after such failure.
									(ii)Hearings
 (I)In generalAn administrative law judge shall conduct and conclude a hearing on a decision of the Secretary or a determination with respect to which the Secretary failed to render a decision under paragraph (3)(B) or clause (i) and render a decision on such hearing by not later than the last day of the 90-day period beginning on the date that a request for such hearing has been timely filed.
 (II)Judicial reviewA decision under subclause (I) by an administrative law judge constitutes a final agency action and is subject to judicial review.
 (III)Failure by administrative law judge to render timely decisionIn the case of a failure by an administrative law judge to render a decision under subclause (I) by the last day of the period described in such subclause, the party requesting the hearing shall be entitled to judicial review of the decision under subparagraph (A), notwithstanding any requirements for a hearing for purposes of the party’s right to such judicial review.
									(5)Administration of medicare set-aside provisions; protection from certain liability
							(A)Optional direct payment of medicare set-aside amount
 (i)Election for direct payment of medicare set-asideEffective 30 days after the date of enactment of this subsection, with respect to a claim for which a workers’ compensation settlement agreement is or has been established, a claimant or workers’ compensation payer who is party to the agreement may elect, but is not required, to transfer to the Secretary a direct payment of the qualified Medicare set-aside. With respect to a qualified Medicare set-aside paid directly to the Secretary, the parties involved may calculate the Medicare set-aside amount of such set-aside using any of the following methods:
 (I)In the case of any Medicare set-aside of a compromise settlement agreement under paragraph (2)(C)(ii), the amount calculated in accordance with such paragraph.
 (II)In the case of any Medicare set-aside, the amount based upon the payment amount for items and services under the workers’ compensation fee schedule (effective as of the date of the agreement) applicable to the workers’ compensation law or plan involved, in accordance with paragraph (2)(C)(i)(I).
 (III)In the case of any Medicare set-aside, the payment amount applicable to the items and services under this title as in effect on the effective date of the agreement.
 Such transfer shall be made only upon written consent of the other party to the agreement.(ii)Election satisfying liabilityAn election made under clause (i), with respect to a qualified Medicare set-aside shall satisfy any payment, in relation to the underlying claim of the related workers’ compensation settlement agreement, required under subsection (b)(2) to be made by the claimant or payer to the Secretary.
								(B)Protection from certain liability
 (i)Liability for medicare set-aside payment greater than payment under workers’ compensation lawNo workers’ compensation claimant, workers’ compensation payer, employer, administrator of the Medicare set-aside, legal representative of the claimant, payer, employer, or administrator, or any other party related to the claimant, payer, employer, or administrator shall be liable for any payment amount established under a Medicare set-aside for an item or service provided to the claimant that is greater than the payment amount for the item or service established under the workers’ compensation fee schedule (or in the absence of such schedule, the medical reimbursement rate) under the compensation law or plan of the jurisdiction where the agreement will be effective.
 (ii)Liability for provider charges greater than payment under workers’ compensation agreementWith respect to a workers’ compensation settlement agreement, a provider may not bill (or collect any amount from) the workers’ compensation claimant, workers’ compensation payer, employer, administrator of the Medicare set-aside, legal representative of the claimant, payer, employer, or administrator, or any other party related to the claimant, payer, employer, or administrator an amount for items and services provided to the claimant that is greater than the payment rate for such items and services established under the Medicare set-aside of the agreement. No person is liable for payment of any amounts billed for an item or service in violation of the previous sentence. If a provider willfully bills (or collects an amount) for such an item or service in violation of such sentence, the Secretary may apply sanctions against the provider in accordance with section 1842(j)(2) in the same manner as such section applies with respect to a physician. Paragraph (4) of section 1842(j) shall apply under this clause in the same manner as such paragraph applies under such section.
 (C)Election of professional or beneficiary self administration of Medicare Set-Aside paymentsNothing in this subsection or subsection (p) prohibits an individual from electing to utilize professional administration services or to self-administer payments of their Medicare Set-Aside in accordance with existing law.
 (6)Treatment of State workers’ compensation lawFor purposes of this subsection and subsection (p), if a workers’ compensation settlement agreement is accepted, reviewed, approved, or otherwise finalized in accordance with the workers’ compensation law of the jurisdiction in which such agreement will be effective, such acceptance, review, approval, or other finalization shall be deemed final and conclusive as to any and all matters within the jurisdiction of the workers’ compensation law, including the determination of reasonableness of the settlement value; any allocations of settlement funds; the projection of future indemnity or medical benefits that may be reasonably expected to be paid under the State workers’ compensation law; and, in the case of a compromise agreement, the total amount that could have been payable for a claim which is the subject of such agreement in accordance with paragraph (2)(C)(ii)..
 (c)Conforming amendmentsSubsection (b) of such section is further amended— (1)in paragraph (2)(B)(ii), by striking paragraph (9) and inserting paragraph (9) and subsections (p) and (q);
 (2)in paragraph (2)(B)(iii)— (A)in the first sentence, by striking In order to recover payment and inserting Subject to subsection (q), in order to recover payment; and
 (B)in the third sentence, by striking In addition and inserting Subject to subsection (q), in addition; and (3)in paragraph (3)(A), by striking There is established a private cause of action and inserting Subject to subsection (q), there is established a private cause of action.
 (d)Modernizing terminology for purposes of medicare secondary payer provisionsSubsection (b)(2)(A) of such section is amended by striking workmen’s compensation law or plan and inserting workers’ compensation law or plan each place it appears. (e)Limitation on liabilityThe parties to a workers’ compensation settlement agreement which met the provisions of section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) on the effective date of settlement shall be accepted as meeting the requirements of such section notwithstanding changes in law, regulations, or administrative interpretation of such provisions after the effective date of such settlement.
 (f)Effective dateThe amendments made by this section, unless otherwise specifically specified, shall apply to a workers’ compensation settlement agreement with an effective date on or after October 1, 2015.