117 HR 3407 IH: Mothers and Offspring Mortality and Morbidity Awareness Act
U.S. House of Representatives
2021-05-20
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EN
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I117th CONGRESS1st SessionH. R. 3407IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Ms. Kelly of Illinois (for herself, Mrs. Beatty, Ms. Moore of Wisconsin, Ms. DeGette, Mr. Blumenauer, Mr. Schneider, Mrs. Lawrence, Ms. Castor of Florida, Ms. DelBene, Ms. Sewell, Mr. DeFazio, Ms. Dean, Mr. Swalwell, Mr. Meeks, Mr. Butterfield, Mr. Carson, Mr. Payne, Ms. Kuster, Ms. Clarke of New York, Mr. Grijalva, Ms. Barragán, Ms. Meng, Mr. Lowenthal, Ms. Lee of California, Ms. Wilson of Florida, and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, 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 improve Federal efforts with respect to the prevention of maternal mortality, and for other purposes.1.Short titleThis Act may be cited as the Mothers and Offspring Mortality and Morbidity Awareness Act or the MOMMA’s Act.2.FindingsCongress finds the following:(1)Every year, across the United States, nearly 4,000,000 women give birth, about 700 women suffer fatal complications during pregnancy, while giving birth or during the postpartum period, and about 70,000 women suffer near-fatal, partum-related complications.(2)The maternal mortality rate is often used as a proxy to measure the overall health of a population. While the infant mortality rate in the United States has reached its lowest point, the risk of death for women in the United States during pregnancy, childbirth, or the postpartum period is higher than such risk in many other high-income countries. The estimated maternal mortality rate (deaths per 100,000 live births) for the 48 contiguous States and Washington, DC, increased from 14.5 percent in 2000 to 17.3 in 2017. The United States is the only industrialized nation with a rising maternal mortality rate. (3)The National Vital Statistics System of the Centers for Disease Control and Prevention has found that in 2018, there were 17.4 maternal deaths for every 100,000 live births in the United States. This ratio is more than double that of most other high-income countries.(4)It is estimated that more than 60 percent of maternal deaths in the United States are preventable.(5)According to the Centers for Disease Control and Prevention, the maternal mortality rate varies drastically for women by race and ethnicity. There are about 13 deaths per 100,000 live births for White women, 40.8 deaths per 100,000 live births for non-Hispanic Black women, and 29.7 deaths per 100,000 live births for American Indian/Alaskan Native women. While maternal mortality disparately impacts Black women, this urgent public health crisis traverses race, ethnicity, socioeconomic status, educational background, and geography.(6)In the United States, non-Hispanic Black women are about 3 times more likely to die from causes related to pregnancy and childbirth compared to non-Hispanic White women, which is one of the most disconcerting racial disparities in public health. This disparity widens in certain cities and States across the country.(7)According to the National Center for Health Statistics of the Centers for Disease Control and Prevention, the maternal mortality rate heightens with age, as women 40 and older die at a rate of 81.9 per 100,000 births compared to 10.6 per 100,000 for women under 25. This translates to women over 40 being 7.7 times more likely to die compared to their counterparts under 25 years of age.(8)The COVID–19 pandemic risks exacerbating the maternal health crisis. A recent study of the Centers for Disease Control and Prevention suggests that pregnant women are at a significantly higher risk for severe outcomes, including death, from COVID–19 as compared to non-pregnant women. The COVID–19 pandemic has also decreased access to prenatal and postpartum care.(9)The findings described in paragraphs (1) through (8) are of major concern to researchers, academics, members of the business community, and providers across the obstetric continuum represented by organizations such as—(A)the American College of Nurse-Midwives; (B)the American College of Obstetricians and Gynecologists;(C)the American Medical Association;(D)the Association of Women’s Health, Obstetric and Neonatal Nurses;(E)the Black Mamas Matter Alliance;(F)the Black Women’s Health Imperative;(G)the California Maternal Quality Care Collaborative;(H)EverThrive Illinois;(I)the Illinois Perinatal Quality Collaborative;(J)the March of Dimes;(K)the National Association of Certified Professional Midwives;(L)the National Birth Equity Collaborative;(M)the National Partnership for Women & Families;(N)the National Polycystic Ovary Syndrome Association;(O)the Preeclampsia Foundation;(P)the Society for Maternal-Fetal Medicine; and(Q)the What To Expect Project.(10)Hemorrhage, cardiovascular and coronary conditions, cardiomyopathy, infection or sepsis, embolism, mental health conditions (including substance use disorder), hypertensive disorders, stroke and cerebrovascular accidents, and anesthesia complications are the predominant medical causes of maternal-related deaths and complications. Most of these conditions are largely preventable or manageable. Even when these conditions are not preventable, mortality and morbidity may be prevented when conditions are diagnosed and treated in a timely manner.(11)According to a study published by the Journal of Perinatal Education, doula-assisted mothers are 4 times less likely to have a low-birthweight baby, 2 times less likely to experience a birth complication involving themselves or their baby, and significantly more likely to initiate breastfeeding. Doula care has also been shown to produce cost savings resulting in part from reduced rates of cesarean and pre-term births.(12)Intimate partner violence is one of the leading causes of maternal death, and women are more likely to experience intimate partner violence during pregnancy than at any other time in their lives. It is also more dangerous than pregnancy. Intimate partner violence during pregnancy and postpartum crosses every demographic and has been exacerbated by the COVID–19 pandemic. (13)Oral health is an important part of perinatal health. Reducing bacteria in a woman’s mouth during pregnancy can significantly reduce her risk of developing oral diseases and spreading decay-causing bacteria to her baby. Moreover, some evidence suggests that women with periodontal disease during pregnancy could be at greater risk for poor birth outcomes, such as preeclampsia, pre-term birth, and low-birth weight. Furthermore, a woman’s oral health during pregnancy is a good predictor of her newborn’s oral health, and since mothers can unintentionally spread oral bacteria to their babies, putting their children at higher risk for tooth decay, prevention efforts should happen even before children are born, as a matter of pre-pregnancy health and prenatal care during pregnancy.(14)In the United States, death reporting and analysis is a State function rather than a Federal process. States report all deaths—including maternal deaths—on a semi-voluntary basis, without standardization across States. While the Centers for Disease Control and Prevention has the capacity and system for collecting death-related data based on death certificates, these data are not sufficiently reported by States in an organized and standard format across States such that the Centers for Disease Control and Prevention is able to identify causes of maternal death and best practices for the prevention of such death.(15)Vital statistics systems often underestimate maternal mortality and are insufficient data sources from which to derive a full scope of medical and social determinant factors contributing to maternal deaths, such as intimate partner violence. While the addition of pregnancy checkboxes on death certificates since 2003 have likely improved States’ abilities to identify pregnancy-related deaths, they are not generally completed by obstetric providers or persons trained to recognize pregnancy-related mortality. Thus, these vital forms may be missing information or may capture inconsistent data. Due to varying maternal mortality-related analyses, lack of reliability, and granularity in data, current maternal mortality informatics do not fully encapsulate the myriad medical and socially determinant factors that contribute to such high maternal mortality rates within the United States compared to other developed nations. Lack of standardization of data and data sharing across States and between Federal entities, health networks, and research institutions keep the Nation in the dark about ways to prevent maternal deaths. (16)Having reliable and valid State data aggregated at the Federal level are critical to the Nation’s ability to quell surges in maternal death and imperative for researchers to identify long-lasting interventions.(17)Leaders in maternal wellness highly recommend that maternal deaths and cases of maternal morbidity, including complications that result in chronic illness and future increased risk of death, be investigated at the State level first, and that standardized, streamlined, de-identified data regarding maternal deaths be sent annually to the Centers for Disease Control and Prevention. Such data standardization and collection would be similar in operation and effect to the National Program of Cancer Registries of the Centers for Disease Control and Prevention and akin to the Confidential Enquiry in Maternal Deaths Programme in the United Kingdom. Such a maternal mortalities and morbidities registry and surveillance system would help providers, academicians, lawmakers, and the public to address questions concerning the types of, causes of, and best practices to thwart, maternal mortality and morbidity. (18)The United Nations’ Millennium Development Goal 5a aimed to reduce by 75 percent, between 1990 and 2015, the maternal mortality rate, yet this metric has not been achieved. In fact, the maternal mortality rate in the United States has been estimated to have more than doubled between 2000 and 2014. (19)Many States have struggled to establish or maintain Maternal Mortality Review Committees (referred to in this section as MMRC). On the State level, MMRCs have lagged because States have not had the resources to mount local reviews. State-level reviews are necessary as only the State departments of health have the authority to request medical records, autopsy reports, and police reports critical to the function of the MMRC.(20)The United States has no comparable, coordinated Federal process by which to review cases of maternal mortality, systems failures, or best practices. Many States have active MMRCs and leverage their work to impact maternal wellness. For example, the State of California has worked extensively with their State health departments, health and hospital systems, and research collaborative organizations, including the California Maternal Quality Care Collaborative and the Alliance for Innovation on Maternal Health, to establish MMRCs, wherein such State has determined the most prevalent causes of maternal mortality and recorded and shared data with providers and researchers, who have developed and implemented safety bundles and care protocols related to preeclampsia, maternal hemorrhage, peripartum cardiomyopathy, and the like. In this way, the State of California has been able to leverage its maternal mortality review board system, generate data, and apply those data to effect changes in maternal care-related protocol. To date, the State of California has reduced its maternal mortality rate, which is now comparable to the low rates of the United Kingdom.(21)Hospitals and health systems across the United States lack standardization of emergency obstetric protocols before, during, and after delivery. Consequently, many providers are delayed in recognizing critical signs indicating maternal distress that quickly escalate into fatal or near-fatal incidences. Moreover, any attempt to address an obstetric emergency that does not consider both clinical and public health approaches falls woefully under the mark of excellent care delivery. State-based perinatal quality collaboratives, or entities participating in the Alliance for Innovation on Maternal Health (AIM), have formed obstetric protocols, tool kits, and other resources to improve system care and response as they relate to maternal complications and warning signs for such conditions as maternal hemorrhage, hypertension, and preeclampsia. These perinatal quality collaboratives serve an important role in providing infrastructure that supports quality improvement efforts addressing obstetric care and outcomes. State-based perinatal quality collaboratives partner with hospitals, physicians, nurses, patients, public health, and other stakeholders to provide opportunities for collaborative learning, rapid response data, and quality improvement science support to achieve systems-level change. (22)The Centers for Disease Control and Prevention reports that nearly half of all maternal deaths occur in the immediate postpartum period—the 42 days following a pregnancy—whereas more than one-third of maternal deaths occur while a person is still pregnant. Further, 21 percent of maternal deaths occur between 1 and 6 weeks postpartum, and 12 percent of maternal deaths occur during the remaining portion of the postpartum year. Yet, for women eligible for the Medicaid program on the basis of pregnancy, such Medicaid coverage lapses at the end of the month on which the 60th postpartum day lands.(23)The experience of serious traumatic events, such as being exposed to domestic violence, substance use disorder, or pervasive and systematic racism, can over-activate the body’s stress-response system. Known as toxic stress, the repetition of high-doses of cortisol to the brain, can harm healthy neurological development and other body systems, which can have cascading physical and mental health consequences, as documented in the Adverse Childhood Experiences study of the Centers for Disease Control and Prevention.(24)A growing body of evidence-based research has shown the correlation between the stress associated with systematic racism and one’s birthing outcomes. The undue stress of sex and race discrimination paired with institutional racism has been demonstrated to contribute to a higher risk of maternal mortality, irrespective of one’s gestational age, maternal age, socioeconomic status, educational level, or individual-level health risk factors, including poverty, limited access to prenatal care, and poor physical and mental health (although these are not nominal factors). Black women remain the most at risk for pregnancy-associated or pregnancy-related causes of death. When it comes to preeclampsia, for example, for which obesity is a risk factor, Black women of normal weight remain at a higher at risk of dying during the perinatal period compared to non-Black obese women.(25)The rising maternal mortality rate in the United States is driven predominantly by the disproportionately high rates of Black maternal mortality.(26)Compared to women from other racial and ethnic demographics, Black women across the socioeconomic spectrum experience prolonged, unrelenting stress related to systematic racial and gender discrimination, contributing to higher rates of maternal mortality, giving birth to low-weight babies, and experiencing pre-term birth. Racism is a risk-factor for these aforementioned experiences. This cumulative stress, called weathering, often extends across the life course and is situated in everyday spaces where Black women establish livelihood. Systematic racism, structural barriers, lack of access to care, lack of access to nutritious food, and social determinants of health exacerbate Black women’s likelihood to experience poor or fatal birthing outcomes, but do not fully account for the great disparity.(27)Black women are twice as likely to experience postpartum depression, and disproportionately higher rates of preeclampsia compared to White women.(28)Racism is deeply ingrained in United States systems, including in health care delivery systems between patients and providers, often resulting in disparate treatment for pain, irreverence for cultural norms with respect to health, and dismissiveness. However, the provider pool is not primed with many people of color, nor are providers (whether maternity care clinicians or maternity care support personnel) consistently required to undergo implicit bias, cultural competency, respectful care practices, or empathy training on a consistent, on-going basis. (29)Not all people who have been pregnant or given birth identify as being a woman. The terms birthing people or birthing persons are also used to describe pregnant and postpartum people. 3.Improving Federal efforts with respect to prevention of maternal mortality(a)Technical assistance for states with respect to reporting maternal mortalityNot later than one year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director), in consultation with the Administrator of the Health Resources and Services Administration, shall provide technical assistance to States that elect to report comprehensive data on maternal mortality and factors relating to such mortality (including oral and mental health), intimate partner violence, and breastfeeding health information, for the purpose of encouraging uniformity in the reporting of such data and to encourage the sharing of such data among the respective States.(b)Best practices relating to prevention of maternal mortality(1)In generalNot later than one year after the date of enactment of this Act—(A)the Director, in consultation with relevant patient and provider groups, shall issue best practices to State maternal mortality review committees on how best to identify and review maternal mortality cases, taking into account any data made available by States relating to maternal mortality, including data on oral, mental, and breastfeeding health, and utilization of any emergency services; and(B)the Director, working in collaboration with the Health Resources and Services Administration, shall issue best practices to hospitals, State professional society groups, and perinatal quality collaboratives on how best to prevent maternal mortality.(2)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2021 through 2025.(c)Alliance for Innovation on Maternal Health Grant Program(1)In generalNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary), acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall establish a grant program to be known as the Alliance for Innovation on Maternal Health Grant Program (referred to in this subsection as AIM) under which the Secretary shall award grants to eligible entities for the purpose of—(A)directing widespread adoption and implementation of maternal safety bundles through collaborative State-based teams; and(B)collecting and analyzing process, structure, and outcome data to drive continuous improvement in the implementation of such safety bundles by such State-based teams with the ultimate goal of eliminating preventable maternal mortality and severe maternal morbidity in the United States.(2)Eligible entitiesIn order to be eligible for a grant under paragraph (1), an entity shall—(A)submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and(B)demonstrate in such application that the entity is an interdisciplinary, multi-stakeholder, national organization with a national data-driven maternal safety and quality improvement initiative based on implementation approaches that have been proven to improve maternal safety and outcomes in the United States.(3)Use of fundsAn eligible entity that receives a grant under paragraph (1) shall use such grant funds—(A)to develop and implement, through a robust, multi-stakeholder process, maternal safety bundles to assist States, perinatal quality collaboratives, and health care systems in aligning national, State, and hospital-level quality improvement efforts to improve maternal health outcomes, specifically the reduction of maternal mortality and severe maternal morbidity; (B)to ensure, in developing and implementing maternal safety bundles under subparagraph (A), that such maternal safety bundles—(i)satisfy the quality improvement needs of a State, perinatal quality collaborative, or health care system by factoring in the results and findings of relevant data reviews, such as reviews conducted by a State maternal mortality review committee; and(ii)address topics which may include—(I)information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system, including by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care;(II)best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care;(III)information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy;(IV)obstetric hemorrhage;(V)obstetric and postpartum care for women with substance use disorders, including opioid use disorder;(VI)maternal cardiovascular system;(VII)maternal mental health;(VIII)postpartum care basics for maternal safety;(IX)reduction of peripartum racial and ethnic disparities;(X)reduction of primary caesarean birth;(XI)severe hypertension in pregnancy;(XII)severe maternal morbidity reviews;(XIII)support after a severe maternal morbidity event;(XIV)thromboembolism;(XV)optimization of support for breastfeeding; (XVI)maternal oral health; and(XVII)intimate partner violence; and (C)to provide ongoing technical assistance at the national and State levels to support implementation of maternal safety bundles under subparagraph (A).(4)Maternal safety bundle definedFor purposes of this subsection, the term maternal safety bundle means standardized, evidence-informed processes for maternal health care.(5)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2021 through 2025.(d)Funding for State-Based perinatal quality collaboratives development and sustainability(1)In generalNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary), acting through the Division of Reproductive Health of the Centers for Disease Control and Prevention, shall establish a grant program to be known as the State-Based Perinatal Quality Collaborative grant program under which the Secretary awards grants to eligible entities for the purpose of development and sustainability of perinatal quality collaboratives in every State, the District of Columbia, and eligible territories, in order to measurably improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants.(2)Grant amountsGrants awarded under this subsection shall be in amounts not to exceed $250,000 per year, for the duration of the grant period.(3)State-based perinatal quality collaborative definedFor purposes of this subsection, the term State-based perinatal quality collaborative means a network of teams that—(A)is multidisciplinary in nature and includes the full range of perinatal and maternity care providers; (B)works to improve measurable outcomes for maternal and infant health by advancing evidence-informed clinical practices using quality improvement principles;(C)works with hospital-based or outpatient facility-based clinical teams, experts, and stakeholders, including patients and families, to spread best practices and optimize resources to improve perinatal care and outcomes;(D)employs strategies that include the use of the collaborative learning model to provide opportunities for hospitals and clinical teams to collaborate on improvement strategies, rapid-response data to provide timely feedback to hospital and other clinical teams to track progress, and quality improvement science to provide support and coaching to hospital and clinical teams;(E)has the goal of improving population-level outcomes in maternal and infant health; and(F)has the goal of improving outcomes of all birthing people, through the coordination, integration, and collaboration across birth settings.(4)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $14,000,000 per year for each of fiscal years 2021 through 2025.(e)Expansion of Medicaid and CHIP coverage for pregnant and postpartum women(1)Requiring coverage of oral health services for pregnant and postpartum women(A)MedicaidSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(i)in subsection (a)(4)—(I)by striking ; and (D) and inserting ; (D); and(II)by inserting ; and (E) oral health services for pregnant and postpartum women (as defined in subsection (hh)) after subsection (bb)); and(ii)by adding at the end the following new subsection:(hh)Oral health services for pregnant and postpartum women(1)In generalFor purposes of this title, the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to a woman during pregnancy (or during the 1-year period beginning on the last day of the pregnancy).(2)Coverage requirementsTo satisfy the requirement to provide oral health services for pregnant and postpartum women, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists..(B)CHIPSection 2103(c)(5)(A) of the Social Security Act (42 U.S.C. 1397cc(c)(5)(A)) is amended by inserting or a targeted low-income pregnant woman after targeted low-income child.(2)Extending Medicaid coverage for pregnant and postpartum womenSection 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—(A)in subsection (e)—(i)in paragraph (5)—(I)by inserting (including oral health services for pregnant and postpartum women (as defined in section 1905(hh))) after postpartum medical assistance under the plan; and(II)by striking 60-day and inserting 1-year; and(ii)in paragraph (6), by striking 60-day and inserting 1-year; and(B)in subsection (l)(1)(A), by striking 60-day and inserting 1-year.(3)Extending Medicaid coverage for lawful residentsSection 1903(v)(4)(A)(i) of the Social Security Act (42 U.S.C. 1396b(v)(4)(A)(i)) is amended by striking 60-day and inserting 1-year.(4)Extending CHIP coverage for pregnant and postpartum womenSection 2112(d)(2)(A) of the Social Security Act (42 U.S.C. 1397ll(d)(2)(A)) is amended by striking 60-day and inserting 1-year.(5)Maintenance of effort(A)MedicaidSection 1902(l) of the Social Security Act (42 U.S.C. 1396a(l)) is amended by adding at the end the following new paragraph:(5)During the period that begins on the date of enactment of this paragraph and ends on the date that is five years after such date of enactment, as a condition for receiving any Federal payments under section 1903(a) for calendar quarters occurring during such period, a State shall not have in effect, with respect to women who are eligible for medical assistance under the State plan or under a waiver of such plan on the basis of being pregnant or having been pregnant, eligibility standards, methodologies, or procedures under the State plan or waiver that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan or waiver that are in effect on the date of enactment of this paragraph..(B)CHIPSection 2105(d) of the Social Security Act (42 U.S.C. 1397ee(d)) is amended by adding at the end the following new paragraph:(4)In eligibility standards for targeted low-income pregnant womenDuring the period that begins on the date of enactment of this paragraph and ends on the date that is five years after such date of enactment, as a condition of receiving payments under subsection (a) and section 1903(a), a State that elects to provide assistance to women on the basis of being pregnant (including pregnancy-related assistance provided to targeted low-income pregnant women (as defined in section 2112(d)), pregnancy-related assistance provided to women who are eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the State child health plan (or a waiver of such plan) which is provided to women on the basis of being pregnant) shall not have in effect, with respect to such women, eligibility standards, methodologies, or procedures under such plan (or waiver) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that are in effect on the date of enactment of this paragraph..(6)Information on benefitsThe Secretary of Health and Human Services shall make publicly available on the internet website of the Department of Health and Human Services, information regarding benefits available to pregnant and postpartum women and under the Medicaid program and the Children's Health Insurance Program, including information on—(A)benefits that States are required to provide to pregnant and postpartum women under such programs;(B)optional benefits that States may provide to pregnant and postpartum women under such programs; and(C)the availability of different kinds of benefits for pregnant and postpartum women, including oral health and mental health benefits, under such programs.(7)Federal funding for cost of extended Medicaid and CHIP coverage for postpartum women(A)MedicaidSection 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by paragraph (1), is further amended—(i)in subsection (b), by striking and (ff) and inserting (aa), and (ii); and(ii)by adding at the end the following:(b)Increased FMAP for extended medical assistance for postpartum womenNotwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for a woman who is eligible for such assistance on the basis of being pregnant or having been pregnant that is provided during the 305-day period that begins on the 60th day after the last day of her pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to—(1)100 percent for the first 20 calendar quarters during which this subsection is in effect; and(2)90 percent for calendar quarters thereafter..(B)CHIPSection 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph:(12)Enhanced payment for extended assistance provided to pregnant womenNotwithstanding subsection (b), the enhanced FMAP, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for assistance provided under the plan (or waiver) to a woman who is eligible for such assistance on the basis of being pregnant (including pregnancy-related assistance provided to a targeted low-income pregnant woman (as defined in section 2112(d)), pregnancy-related assistance provided to a woman who is eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the plan (or waiver) provided to a woman who is eligible for such assistance on the basis of being pregnant) during the 305-day period that begins on the 60th day after the last day of her pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to—(A)100 percent for the first 20 calendar quarters during which this paragraph is in effect; and(B)90 percent for calendar quarters thereafter..(8)Guidance on State options for Medicaid coverage of doula servicesNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance for the States concerning options for Medicaid coverage and payment for support services provided by doulas. (9)Effective date(A)In generalSubject to subparagraph (B), the amendments made by this subsection shall take effect on the first day of the first calendar quarter that begins on or after the date that is one year after the date of enactment of this Act.(B)Exception for State legislationIn the case of a State plan under title XIX of the Social Security Act or a State child health plan under title XXI of such Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.(f)Regional centers of excellencePart P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section:399V–7.Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education(a)In generalNot later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care.(b)EligibilityTo be eligible to receive a cooperative agreement under subsection (a), an entity shall—(1)be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity;(2)demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs; (3)demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and(4)provide to the Secretary such information, at such time and in such manner, as the Secretary may require.(c)DiversityIn awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients.(d)Dissemination of information(1)Public availabilityThe Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3).(2)EvaluationThe Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities.(3)DistributionThe Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices.(e)Maternal mortality definedIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy.(f)Authorization of appropriationsFor purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2021 through 2025.. (g)Special supplemental nutrition program for women, infants, and childrenSection 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended—(1)by striking the clause designation and heading and all that follows through A State and inserting the following:(ii)Women(I)Breastfeeding womenA State;(2)in subclause (I) (as so designated), by striking 1 year and all that follows through earlier and inserting 2 years postpartum; and (3)by adding at the end the following:(II)Postpartum womenA State may elect to certify a postpartum woman for a period of 2 years..(h)DefinitionsIn this section:(1)Maternal mortalityThe term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy.(2)Pregnancy related deathThe term pregnancy related death includes the death of a woman during pregnancy or within one year of the end of pregnancy from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (3)Severe maternal morbidityThe term severe maternal morbidity includes unexpected outcomes of labor and delivery that result in significant short-term or long-term consequences to a woman’s health.4.Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates(a)Tax parity for Roll-Your-Own tobaccoSection 5701(g) of the Internal Revenue Code of 1986 is amended by striking $24.78 and inserting $49.56.(b)Tax parity for pipe tobaccoSection 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $49.56.(c)Tax parity for smokeless tobacco(1)Section 5701(e) of the Internal Revenue Code of 1986 is amended—(A)in paragraph (1), by striking $1.51 and inserting $26.84;(B)in paragraph (2), by striking 50.33 cents and inserting $10.74; and(C)by adding at the end the following:(3)Smokeless tobacco sold in discrete single-use unitsOn discrete single-use units, $100.66 per thousand..(2)Section 5702(m) of such Code is amended—(A)in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit;(B)in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and(C)by adding at the end the following:(4)Discrete single-use unitThe term discrete single-use unit means any product containing, made from, or derived from tobacco or nicotine that—(A)is not intended to be smoked; and(B)is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit..(d)Tax parity for small cigarsParagraph (1) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking $50.33 and inserting $100.66.(e)Tax parity for large cigars(1)In generalParagraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar..(2)GuidanceThe Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986.(f)Tax parity for Roll-Your-Own tobacco and certain processed tobaccoSubsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof.(g)Clarifying tax rate for other tobacco products(1)In generalSection 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(i)Other tobacco productsAny product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary..(2)Establishing per use basisFor purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the later of the date of the enactment of this Act or the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis.(h)Clarifying definition of tobacco products(1)In generalSubsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows:(c)Tobacco productsThe term tobacco products means—(1)cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and(2)any other product subject to tax pursuant to section 5701(i)..(2)Conforming amendmentsSubsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products.(i)Increasing tax on cigarettes(1)Small cigarettesSection 5701(b)(1) of such Code is amended by striking $50.33 and inserting $100.66.(2)Large cigarettesSection 5701(b)(2) of such Code is amended by striking $105.69 and inserting $211.38.(j)Tax rates adjusted for inflationSection 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection:(j)Inflation adjustment(1)In generalIn the case of any calendar year beginning after 2021, the dollar amounts provided under this chapter shall each be increased by an amount equal to—(A)such dollar amount, multiplied by(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2020’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.(2)RoundingIf any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01..(k)Floor Stocks Taxes(1)Imposition of taxOn tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of—(A)the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over(B)the prior tax (if any) imposed under section 5701 of such Code on such article.(2)Credit against taxEach person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable.(3)Liability for tax and method of payment(A)Liability for taxA person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax.(B)Method of paymentThe tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations.(C)Time for paymentThe tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase.(4)Articles in foreign trade zonesNotwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if—(A)internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or(B)such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a).(5)DefinitionsFor purposes of this subsection—(A)In generalAny term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section.(B)Tax increase dateThe term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (j) thereof).(C)SecretaryThe term Secretary means the Secretary of the Treasury or the Secretary’s delegate.(6)Controlled groupsRules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection.(7)Other laws applicableAll provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made.(l)Effective dates(1)In generalExcept as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act.(2)Discrete single-use units and processed tobaccoThe amendments made by subsections (c)(1)(C), (c)(2), and (f) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act.(3)Large cigarsThe amendments made by subsection (e) shall apply to articles removed after December 31, 2021.(4)Other tobacco productsThe amendments made by subsection (g)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.


110 HRES 1095 EH: Recognizing and honoring the 40th

U.S. House of Representatives
2008-04-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1095
		In the House of Representatives, U.
		  S.,

			April 15, 2008

		RESOLUTION
		Recognizing and honoring the 40th
		  anniversary of congressional passage of title VIII of the Civil Rights Act of
		  1968 (the Fair Housing Act) and the 20th anniversary of the Fair Housing
		  Amendments Act of 1988.

		Whereas April 11, 2008, marks the 40th anniversary of
			 congressional passage of the Fair Housing Act;
		Whereas September 13, 2008, marks the 20th anniversary of
			 congressional passage of the Fair Housing Amendments Act of 1988;
		Whereas the Chicago Freedom Movement, led by the Reverend
			 Doctor Martin Luther King, Jr., expanded the fight for civil rights from the
			 South to the North, raised the national consciousness about housing
			 discrimination, and shaped the debate that led to the landmark fair housing
			 legislation, the Fair Housing Act;
		Whereas the National Advisory Commission on Civil
			 Disorders, appointed by President Lyndon B. Johnson and commonly known as the
			 Kerner Commission, found in 1968 that [o]ur nation is moving toward two
			 societies, one black and one white—separate and unequal;
		Whereas Congress passed the Fair Housing Act as part of
			 the Civil Rights Act of 1968, and President Lyndon B. Johnson signed the Act
			 into law on April 11, 1968, one week after the assassination of the Reverend
			 Doctor Martin Luther King, Jr.;
		Whereas the Fair Housing Act prohibits discrimination in
			 housing and housing-related transactions on the basis of race, color, national
			 origin, and religion;
		Whereas in section 808 of the Housing and Community
			 Development Act of 1974, Congress amended the Fair Housing Act to include
			 protection on the basis of sex;
		Whereas the Fair Housing Amendments Act of 1988, passed by
			 overwhelming margins in Congress, included protection on the basis of familial
			 status and disability, created an important enforcement mechanism, and expanded
			 the definition of discriminatory housing practices to include
			 interference and intimidation, requiring the Department of Housing and Urban
			 Development to issue regulations to implement and interpret the Fair Housing
			 Act and report annually to Congress on the nature and extent of housing
			 discrimination;
		Whereas the intent of Congress in passing the Fair Housing
			 Act was broad and inclusive, to advance equal opportunity in housing and
			 achieve racial integration for the benefit of all people in the United
			 States;
		Whereas housing integration affects educational
			 attainment, employment opportunities, access to health care, and home
			 equity;
		Whereas the majority of Americans support neighborhood
			 integration, and numerous studies have shown the universal benefits of
			 residential integration;
		Whereas more than 4,000,000 violations of fair housing
			 laws still occur each year against people of all protected classes, and testing
			 of the enforcement of fair housing laws continues to uncover a high rate of
			 discrimination in the rental, sales, mortgage lending, and insurance
			 markets;
		Whereas less than 1 percent of violations of fair housing
			 laws are reported each year;
		Whereas fair housing centers funded by Fair Housing
			 Initiatives Program (FHIP) are the frontline in the effort to resolve housing
			 discrimination;
		Whereas in 2006, approximately 27,000 housing
			 discrimination complaints were filed, of which 18,000 complaints were resolved
			 by fair housing centers;
		Whereas the Fair Housing Assistance Program (FHAP) funds
			 fair housing grants annually on a non-competitive basis to State and local fair
			 housing enforcement agencies which are used for complaint processing,
			 administrative costs, special enforcement efforts, training and other projects
			 designed to enhance the agency’s administration and enforcement of its fair
			 housing law;
		Whereas fair housing education and enforcement play a
			 pivotal role in increasing housing choice and minority homeownership and
			 combating predatory lending; and
		Whereas the Fair Housing Act is an essential component of
			 our Nation’s civil rights legislation: Now, therefore, be it

		That the House of Representatives—
			(1)recognizes and
			 honors the 40th anniversary of the enactment of the Fair Housing Act (42 U.S.C.
			 3601 et seq.) and the 20th anniversary of the enactment of the Fair Housing
			 Amendments Act of 1988 (Public Law 100–430; 102 Stat. 1619);
			(2)supports
			 activities to recognize and celebrate the important historical milestones
			 represented by the anniversaries of the enactment of the Fair Housing Act and
			 the enactment of the Fair Housing Amendments Act of 1988; and
			(3)encourages all
			 people and levels of government to rededicate themselves to the enforcement and
			 the ideals of fair housing laws.

			Lorraine C. Miller,
			Clerk.


114 S3144 IS: Equal Justice Under Law Act of 2016
U.S. Senate
2016-07-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3144IN THE SENATE OF THE UNITED STATESJuly 7, 2016Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo enforce the Sixth Amendment right to the assistance of effective counsel at all stages of the
			 adversarial process, to confer jurisdiction upon the district courts of
			 the United States to provide declaratory and injunctive relief against
			 systemic violations of such right, and for other purposes.

 1.Short titleThis Act may be cited as the Equal Justice Under Law Act of 2016. 2.Effective assistance of counsel (a)In generalAn indigent individual facing criminal prosecution or juvenile delinquency in a State court shall be entitled to the effective assistance of counsel, as guaranteed by the Sixth and 14th Amendments to the Constitution of the United States, at the expense of the State.
 (b)DelegationIf a State delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the State, the State shall secure effective assistance of counsel for the individual.
 (c)Ineffective assistanceFor purposes of this section, the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms.
			3.Remedy
 (a)Class action authorizedIf a State official or one or more of a political subdivision of the State fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States, an individual aggrieved by a violation of section 2 may commence a civil class action in an appropriate district court of the United States to seek declaratory, injunctive, or other equitable relief.
 (b)Abstention doctrineA court entertaining a petition for relief filed under this Act need not apply the abstention doctrine established in Younger v. Harris (401 U.S. 37).
 (c)Attorney’s feesIn any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than a named official of a State or political subdivision of a State, a reasonable attorney’s fee as part of the costs. In awarding an attorney’s fee under this subsection, the court, in its discretion, may include expert fees as part of the attorney’s fee.
 (d)Savings provisionNothing in this section shall restrict any right that any individual has under any other statute or under common law to seek redress for a violation of the right to counsel.
 4.Edward Byrne Memorial Justice Assistance Grant ProgramSection 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended by inserting , in consultation with public defenders, before may.


116 HR 6492 IH: Ensuring Homeowner and Occupant Monetary Encouragement and Stability Act
U.S. House of Representatives
2020-04-14
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. 6492IN THE HOUSE OF REPRESENTATIVESApril 14, 2020Mr. Rush (for himself, Mr. Hastings, Mr. Thompson of Mississippi, Mrs. Napolitano, Mr. McNerney, Mr. Carson of Indiana, Ms. Judy Chu of California, Ms. Bass, Ms. Wilson of Florida, Mr. Raskin, Mr. Soto, Mr. Cisneros, Mrs. Hayes, Ms. Tlaib, and Ms. Norton) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo require any payments of principal or interest on a residential mortgage loan that are deferred during a COVID–19 emergency period to be due no earlier than the last day of the loan term, and for other purposes.1.Short titleThis Act may be cited as the Ensuring Homeowner and Occupant Monetary Encouragement and Stability Act  or the Ensuring HOMES Act. 2.Treatment of deferred residential mortgage payments(a)In generalWith respect to any payments of principal or interest on a residential mortgage loan that are deferred during a COVID–19 emergency period (whether pursuant to Federal law or otherwise), the applicable holder or servicer of such loan may not require such payments to be due until the later of—(1)the last day of the loan term; or(2)the end of the deferral period.(b)Rule of constructionNothing in this section may be construed as prohibiting a borrower from making payments on a loan before the date specified under subsection (a).(c)DefinitionsIn this section:(1)Residential mortgage loanThe term residential mortgage loan means any loan which is secured by residential real property designed principally for the occupancy of families, regardless of the number of families by which the real property is designed to be occupied.(2)COVID–19 emergency periodThe term COVID–19 emergency period means the period that—(A)begins upon a date that the President declares an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to a Coronavirus Disease 2019 (COVID–19) pandemic; and(B)ends upon the date of the termination by the Federal Emergency Management Administration of such emergency declaration.3.Tenant Protection Program(a)In generalThe Secretary of Housing and Urban Development (in this section referred to as the Secretary) shall carry out a program to be known as the Tenant Protection Program, under which the Secretary shall make quarterly loans to landlords who waive rent owned by tenants during the COVID–19 emergency period, in accordance with this section.(b)Loan details(1)Loan amountA loan provided under this section shall be in an amount equal to no more than half of the amount of rent that a landlord anticipates waiving during the applicable quarter.(2)Fees; interestThe Secretary may not charge any fee in connection with a loan made under this section and may not charge interest on any such loan in an amount greater than 4 percent.(c)Loan forgivenessThe Secretary shall forgive any loan made under this section to a landlord if—(1)the landlord permits each tenant of the landlord to extend any lease until the date that is 60 days after the end of the COVID–19 emergency period, if such lease would have terminated before such date; and(2)the landlord enters into an agreement with the Secretary under which the landlord will not evict any tenant until the date that is 60 days after the end of the COVID–19 emergency period.(d)COVID–19 emergency period definedIn this section, the term COVID–19 emergency period has the meaning given that term under section 2.(e)Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.4.Rules of application(a)Application to existing and new emergenciesThis Act shall apply to a COVID–19 emergency period (as defined under section 2) in existence on the date of enactment of this Act or beginning after the date of enactment of this Act.(b)Retroactive effectWith respect to the COVID–19 emergency period in existence on the date of enactment of this Act, the provisions of this Act shall apply retroactively to actions taken beginning on the first day of such emergency period.


116 HR 3829 IH: Energizing American Shipbuilding Act of 2019
U.S. House of Representatives
2019-07-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3829IN THE HOUSE OF REPRESENTATIVESJuly 18, 2019Mr. Garamendi (for himself, Mr. Sean Patrick Maloney of New York, Mr. Fitzpatrick, Mr. Van Drew, Mr. Wittman, Mr. Pocan, Mr. Hunter, Mrs. Napolitano, Mr. King of New York, Ms. Barragán, Ms. Brownley of California, Mr. Larsen of Washington, Mr. Lowenthal, Mr. Golden, Mrs. Watson Coleman, Mr. Courtney, Mr. Norcross, and Mrs. Luria) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require a certain percentage of natural gas and crude oil exports be transported on United
			 States-built and United States-flag vessels, and for other purposes.

 1.Short titleThis Act may be cited as the Energizing American Shipbuilding Act of 2019. 2.National policy on strategic energy asset export transportation (a)LNG exports (1)FindingsCongress finds the following:
 (A)Liquefied natural gas (LNG) is hazardous to national import and export terminals and ports when mishandled.
 (B)LNG is a strategic national asset, the export of which should be used to preserve the United States tanker fleet and skilled mariner workforce that are essential to national security.
 (C)For the safety and security of the United States, LNG should be exported on vessels documented under the laws of the United States.
 (2)RequirementSection 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following:  (g)Transportation of exports of natural gas on vessels documented under laws of the United States (1)Condition for approvalExcept as provided in paragraph (5), the Commission shall include in an order issued under subsection (a) that authorizes a person to export natural gas a condition that the person transport the natural gas on vessels that meet the requirements described in paragraph (2) (including vessels with respect to which a waiver is in place for the requirement under paragraph (2)(A)(i)(II)(bb) or the requirement under paragraph (2)(A)(ii)(IV), as applicable), so as to ensure the following:
 (A)A minimum of two percent of the natural gas that is exported by vessel is transported on such vessels in each of the 7 calendar years after the calendar year in which this subsection is enacted.
 (B)A minimum of three percent of the natural gas that is exported by vessel is transported on such vessels in each of the 8th and 9th calendar years after the calendar year in which this subsection is enacted.
 (C)A minimum of four percent of the natural gas that is exported by vessel is transported on such vessels in each of the 10th and 11th calendar years after the calendar year in which this subsection is enacted.
 (D)A minimum of six percent of the natural gas that is exported by vessel is transported on such vessels in each of the 12th and 13th calendar years after the calendar year in which this subsection is enacted.
 (E)A minimum of seven percent of the natural gas that is exported by vessel is transported on such vessels in each of the 14th and 15th calendar years after the calendar year in which this subsection is enacted.
 (F)A minimum of nine percent of the natural gas that is exported by vessel is transported on such vessels in each of the 16th and 17th calendar years after the calendar year in which this subsection is enacted.
 (G)A minimum of eleven percent of the natural gas that is exported by vessel is transported on such vessels in each of the 18th and 19th calendar years after the calendar year in which this subsection is enacted.
 (H)A minimum of thirteen percent of the natural gas that is exported by vessel is transported on such vessels in each of the 20th and 21st calendar years after the calendar year in which this subsection is enacted.
 (I)A minimum of fifteen percent of the natural gas that is exported by vessel is transported on such vessels in—
 (i)the 22nd calendar year after the calendar year in which this subsection is enacted; and (ii)in each calendar year thereafter.
 (2)Requirements for vesselsA vessel meets the requirements described in this paragraph— (A)with respect to each of the 5 calendar years after the calendar year in which this subsection is enacted—
 (i)if— (I)the vessel is documented under the laws of the United States; and
 (II)with respect to any retrofit work necessary for the vessel to export natural gas— (aa)such work is done in a shipyard in the United States; and
 (bb)any component of the vessel listed in paragraph (3) that is installed during the course of such work is manufactured in the United States; or
 (ii)if— (I)the vessel is built in the United States;
 (II)the vessel is documented under the laws of the United States; (III)all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and
 (IV)the components of the vessel listed in paragraph (3) are manufactured in the United States; and (B)with respect to the 6th calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii).
 (3)ComponentsThe components of a vessel listed in this paragraph are the following components: (A)Air circuit breakers.
 (B)Welded shipboard anchor and mooring chain with a diameter of four inches or less. (C)Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping.
 (D)Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.
 (E)Auxiliary equipment for shipboard services, including pumps. (F)Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers.
 (G)Shipboard cranes. (H)Spreaders for shipboard cranes.
 (I)Rotating electrical equipment, including electrical alternators and motors. (J)Compressors, pumps, and heat exchangers used in managing and re-liquifying boil-off gas from liquefied natural gas.
 (4)Waiver authorityThe Commission may waive the requirement under paragraph (2)(A)(i)(II)(bb) or paragraph (2)(A)(ii)(IV), as applicable, with respect to a component of a vessel if the Maritime Administrator determines that—
 (A)application of the requirement would cause a cost increase of more than 25 percent for such component or unreasonable delays to be incurred in building or retrofitting the vessel; or
 (B)such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality.
 (5)ExceptionThe Commission may not include in any order issued under subsection (a) authorizing a person to export natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas a condition described in paragraph (1), or a condition described in paragraph (7), if the United States Trade Representative certifies to the Commission, in writing, that such condition would violate obligations of the United States under such free trade agreement.
 (6)Use of Federal informationIn carrying out paragraph (1), the Commission— (A)shall utilize information made available by the Energy Information Administration, or by any other Federal agency or entity the Commission determines appropriate; and
 (B)may not utilize information made available by a private entity unless applicable information described in subparagraph (A) is not available.
 (7)Opportunities for licensed and unlicensed marinersExcept as provided in paragraph (5), the Commission shall include in any order issued under subsection (a) that authorizes a person to export natural gas a condition that the person provide opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on a vessel transporting natural gas..
 (3)Conforming amendmentSection 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by striking or the exportation of natural gas and inserting or, subject to subsection (g), the exportation of natural gas. (b)Crude oilSection 101 of title I of division O of the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) is amended—
 (1)in subsection (b), by striking subsections (c) and (d) and inserting subsections (c), (d), and (e); (2)by redesignating subsection (e) as subsection (f); and
 (3)by inserting after subsection (d) the following:  (e)Transportation of exports of crude oil on vessels documented under laws of the United States (1)ConditionExcept as provided in paragraph (5), as a condition to export crude oil, the President shall require the person exporting the crude oil to transport the exports on vessels that meet the requirements described in paragraph (2) (including vessels with respect to which a waiver is in place for the requirement under paragraph (2)(A)(i)(II)(bb) or the requirement under paragraph (2)(A)(ii)(IV), as applicable), so as to ensure the following:
 (A)A minimum of three percent of crude oil exported by vessel is transported on such vessels in each of the 7 calendar years after the calendar year in which this subsection is enacted.
 (B)A minimum of six percent of crude oil exported by vessel is transported on such vessels in each of the 8th, 9th, and 10th calendar years after the calendar year in which this subsection is enacted.
 (C)A minimum of eight percent of crude oil exported by vessel is transported on such vessels in each of the 11th, 12th, and 13th calendar years after the calendar year in which this subsection is enacted.
 (D)A minimum of ten percent of crude oil exported by vessel is transported on such vessels— (i)in the 14th calendar year after the calendar year in which this subsection is enacted; and
 (ii)in each calendar year thereafter. (2)Requirements for vesselsA vessel meets the requirements described in this paragraph if—
 (A)with respect to each of the 4 calendar years after the calendar year in which this subsection is enacted—
 (i)if— (I)the vessel is documented under the laws of the United States; and
 (II)with respect to any retrofit work necessary for the vessel to export crude oil— (aa)such work is done in a shipyard in the United States; and
 (bb)any component of the vessel listed in paragraph (3) that is installed during the course of such work is manufactured in the United States; or
 (ii)if— (I)the vessel is built in the United States;
 (II)the vessel is documented under the laws of the United States; (III)all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and
 (IV)the components of the vessel listed in paragraph (3) are manufactured in the United States; and (B)with respect to the 5th calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii).
 (3)ComponentsThe components of a vessel listed in this paragraph are the following components: (A)Air circuit breakers.
 (B)Welded shipboard anchor and mooring chain with a diameter of four inches or less. (C)Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping.
 (D)Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.
 (E)Auxiliary equipment for shipboard services, including pumps. (F)Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers.
 (G)Shipboard cranes. (H)Spreaders for shipboard cranes.
 (I)Rotating electrical equipment, including electrical alternators and motors. (4)Waiver authorityThe President may waive the requirement under paragraph (2)(A)(i)(II)(bb) or the requirement under paragraph (2)(A)(ii)(IV), as applicable, with respect to a component of a vessel if the Maritime Administrator determines that—
 (A)application of the requirement would cause a cost increase of more than 25 percent for such component or unreasonable delays to be incurred in building or retrofitting the vessel; or
 (B)such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality.
 (5)ExceptionThe President may not, under paragraph (1), condition the export of crude oil to a nation with which there is in effect a free trade agreement requiring national treatment for trade in crude oil if the United States Trade Representative certifies to the President, in writing, that such condition would violate obligations of the United States under such free trade agreement.
 (6)Use of Federal informationIn carrying out paragraph (1), the President— (A)shall utilize information made available by the Energy Information Administration, or by any other Federal agency or entity the President determines appropriate; and
 (B)may not utilize information made available by a private entity unless applicable information described in subparagraph (A) is not available.
 (7)Opportunities for licensed and unlicensed marinersThe Maritime Administrator shall ensure that each exporter of crude oil by vessel provides opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on such vessels..
 3.Energy Information Administration informationThe Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall collect, and make readily available to the public on the Internet website of the Energy Information Administration, information on exports by vessel of natural gas and crude oil, including—
 (1)forecasts for, and data on, such exports for— (A)the calendar year after the calendar year in which this Act is enacted; and
 (B)each calendar year thereafter; and (2)forecasts for such exports for multi-year periods after the date of enactment of this Act, as determined appropriate by the Administrator.


116 HR 5278 IH: GI Bill Planning Act of 2019
U.S. House of Representatives
2019-12-03
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.

I116th CONGRESS1st SessionH. R. 5278IN THE HOUSE OF REPRESENTATIVESDecember 3, 2019Mr. Bergman (for himself and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on 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 amend title 38, United States Code, to extend the period under which an election must be made
			 for entitlement to educational assistance under the All-Volunteer
			 Educational Assistance Program of Department of Veterans Affairs, to phase
			 out the use of such program, and for other purposes.

 1.Short titleThis Act may be cited as the GI Bill Planning Act of 2019. 2.Period for election to receive benefits under All-Volunteer Educational Assistance Program of Department of Veterans Affairs (a)In generalSection 3011 of title 38, United States Code, is amended—
 (1)in subsection (c)(1), by striking Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces and inserting Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training; and
 (2)in subsection (b)(1), by striking that such individual is entitled to such pay and inserting that begin after the date that is 270 days after the date on which the individual initially enters initial training.
 (b)Effective dateThe amendments made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
 3.Phase out of All-Volunteer Educational Assistance ProgramSubsection (a)(1)(A) of section 3011 of title 38, United States Code, as amended by section 1, is further amended by striking after June 30, 1985 and inserting during the period beginning July 1, 1985, and ending September 30, 2029.
		4.Requirements for in-State tuition
 (a)In generalSection 3679(c) of title 38, United States Code, is amended— (1)in paragraph (2)(A), by striking less than three years before the date of enrollment in the course concerned; and
 (2)in paragraph (4)— (A)by striking It shall and inserting (A) It shall; and
 (B)by adding at the end the following new subparagraph:  (B)To the extent feasible, the Secretary shall make publicly available on the internet website of the Department a database explaining any requirements described in subparagraph (A) that are established by a public institution of higher learning for an individual to be charged tuition and fees at a rate that is equal to or less than the rate the institution charges for tuition and fees for residents of the State in which the institution is located. The Secretary shall disapprove a course of education provided by such an institution that does not provide the Secretary—
 (i)an initial explanation of such requirements; and (ii)not later than 90 days after the date on which any such requirements change, the updated requirements..
 (b)ApplicationThe amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2020.
 5.Determination of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.


		II
		110th CONGRESS
		2d Session
		S. 2879
		IN THE SENATE OF THE UNITED STATES

			April 17, 2008
			Mr. Salazar introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for orderly and balanced development of energy
		  resources within the Roan Plateau Planning Area of Colorado, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Roan Plateau Oil and Gas Leasing
			 Improvement Act of 2008.
		2.
			 Findings and purpose
			(a)FindingsCongress
			 finds that—
				(1)the Roan Plateau
			 Planning Area likely contains significant energy resources, especially natural
			 gas;
				(2)the Roan Plateau
			 Planning Area also is—
					(A)an important part
			 of the natural heritage of the State of Colorado that provides important
			 habitat for fish and wildlife, including genetically pure populations of
			 Colorado River cutthroat trout, mule deer, and Rocky Mountain elk; and
					(B)increasingly
			 important for hunters, fishermen, and other outdoor recreationists as
			 development has made other land in the western part of the State less conducive
			 to those uses;
					(3)oil and gas
			 development activities have the potential to disturb the environment and pose a
			 particular threat to habitats for wildlife and aquatic species on the Roan
			 Plateau, while phased leasing of the energy resources associated with the Roan
			 Plateau can result in payment by the leaseholders of greater revenues than
			 would result from more rapid leasing; and
				(4)phased
			 development and long-range planning pursuant to unit agreements will—
					(A)maximize lease
			 revenues;
					(B)reduce
			 duplicative infrastructure, such as roads, pipelines, and compressor
			 stations;
					(C)reduce overall
			 ground disturbance; and
					(D)minimize habitat
			 fragmentation.
					(b)PurposeThe
			 purpose of this Act is to provide for balanced development of the energy
			 resources of the Roan Plateau in a manner that minimizes the adverse impacts on
			 fish and wildlife habitats and environmental resources and values while
			 increasing the financial returns to the United States and the State of
			 Colorado.
			3.DefinitionsIn this Act:
			(1)Draft resource
			 management planThe term draft resource management
			 plan means the Draft Resource Management Plan Amendment and
			 Environmental Impact Statement of the Bureau of Land Management for the Roan
			 Plateau Planning Area (2004).
			(2)Eligible public
			 landThe term eligible public land means —
				(A)the public land
			 within the 6,000-acre developed tract of Oil Shale Reserve Numbered 3 described
			 in section 7439(a)(2) of title 10, United States Code; and
				(B)in the case of
			 public land described in the proposed resource management plan—
					(i)a
			 phased development area; and
					(ii)any public land
			 within the northeastern, northwestern, southeastern, or southwestern quadrant
			 of the Roan Plateau Planning Area that is defined as below the
			 rim or below the cliffs in figure 1–3.
					(3)June 2007
			 record of decisionThe term record of decision means
			 the Record of Decision made available pursuant to the notice entitled
			 Notice of Availability of the Record of Decision for the Resource
			 Management Plan Amendment (RMPA) for Portions of the Roan Plateau Planning Area
			 and Supplemental Information for Proposed Areas of Critical Environmental
			 Concern (ACEC) With Associated Resource Use Limitations for Public Lands in
			 Garfield and Rio Blanco Counties, CO (72 Fed. Reg. 32138), dated June
			 11, 2007.
			(4)March 2008
			 record of decisionThe term March 2008 Record of
			 Decision means the Record of Decision for the Designation of Areas of
			 Critical Environmental Concern for the Roan Plateau Resource Management Plan
			 Amendment and Environmental Impact Statement, dated March 15, 2008.
			(5)Mineral
			 leaseThe term mineral lease means a lease of
			 minerals owned by the United States pursuant to the
			 Mineral Leasing Act (30 U.S.C. 181 et
			 seq.).
			(6)Phased
			 development areaThe term phased development area
			 means each of the 6 tracts of public domain land on the top of the Roan
			 Plateau, each of which is—
				(A)depicted in
			 figure 2–1 on page 2–26 of the proposed resource management plan; and
				(B)described,
			 respectively, as—
					(i)the
			 Anvil Ridge Oil & Gas Phased Development Area;
					(ii)the Cook Ridge
			 Oil & Gas Phased Development Area;
					(iii)the Corral
			 Ridge Oil & Gas Phased Development Area;
					(iv)the Long Ridge
			 East Oil & Gas Phased Development Area;
					(v)the
			 Long Ridge West Oil & Gas Phased Development Area; and
					(vi)the Short Ridge
			 Oil & Gas Phased Development Area.
					(7)Proposed
			 resource management planThe term proposed resource
			 management plan means the proposed Resource Management Plan and
			 Environmental Impact Statement of the Bureau of Land Management for the Roan
			 Plateau Management Area (August 2006).
			(8)Public
			 landThe term public land has the meaning given the
			 term public lands in section 103 of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1702).
			(9)Resource
			 management plan amendmentThe term resource management plan
			 amendment means the Resource Management Plan Amendment and Final
			 Environmental Impact Statement of the Bureau of Land Management for the Roan
			 Plateau Planning Area (2006).
			(10)Roan Plateau
			 Planning AreaThe term Roan Plateau Planning Area
			 means public land in the State that is covered by the draft resource management
			 plan.
			(11)SecretaryThe
			 term Secretary means the Secretary of the Interior, acting through
			 the Director of the Bureau of Land Management.
			(12)StateThe
			 term State means the State of Colorado.
			4.Special
			 protection areas
			(a)DesignationThere
			 are designated the following Special Protection Areas:
				(1)All public land
			 identified as an Area of Critical Environmental Concern (ACEC) on the map
			 entitled Alternative II Management of the draft resource
			 management plan.
				(2)All public land
			 located within the watersheds or drainages of Northwater Creek and the East
			 Fork of Parachute Creek above the confluence with First Anvil Creek.
				(3)All public land
			 identified as subject to a No Ground Disturbance (NGD/NSO) stipulation on the
			 map entitled Alternative II Stipulations of the resource
			 management plan amendment.
				(b)ManagementExcept
			 as otherwise provided in this Act, the Secretary shall manage the Special
			 Protection Areas in a manner that prevents irreparable damage to the fish and
			 wildlife resources and the historical, cultural, scenic, and environmental
			 resources and values within those areas.
			(c)Terms and
			 conditionsExcept as provided in subsection (d), the Secretary
			 shall include in any mineral lease entered into for any land within a Special
			 Protection Area and for any Federal minerals underlying the Northwater Creek
			 drainage—
				(1)a stipulation
			 prohibiting surface occupancy or surface disturbance for purposes of
			 exploration for or development of oil or natural gas; and
				(2)such other terms
			 and conditions as are necessary to protect and enhance the biological and
			 ecological values associated with public land covered by the lease.
				(d)Nonwaivability
				(1)In
			 generalExcept as provided in paragraph (2), a stipulation, term,
			 or condition described in subsection (c)(1) shall not be subject to waiver,
			 exemption, or exception.
				(2)Exceptions for
			 existing ridge-top roadsThe Secretary may allow the holder of a
			 mineral lease to occupy the surface of public land identified on the map
			 entitled Alternative II Management of the draft resource
			 management plan that has a surveyed slope of not more than 20 percent and is
			 within 600 feet on either side of the center line of the following existing
			 ridge-top roads (not including any secondary roads or spur roads appurtenant to
			 the ridge-top roads, other than the road described in subparagraph (F)):
					(A)Anvil Points
			 Road.
					(B)Long Ridge
			 Road.
					(C)Short Ridge
			 Road.
					(D)Cook Ridge
			 Road.
					(E)Corral Ridge
			 Road, numbered 8,000 off of Cow Creek Road, but only in areas that are outside
			 the watershed of Trapper Creek.
					(F)The spur road off
			 of Cow Creek Road and Corral Ridge Road in sec. 1, 2, and 11, T. 5 S., R. 95
			 W., but only on the north and west sides of the road.
					(e)Conditions for
			 oil and gas exploration and development along existing ridge-top roads
				(1)In
			 generalThe Secretary may permit oil and gas exploration and
			 development activities within the development corridors designated under
			 subsection (d) only after—
					(A)site-specific
			 consultation with the Department of Natural Resources of the State;
					(B)the conduct of a
			 detailed review and analysis of the proposed location and activities;
			 and
					(C)incorporation of
			 operational and procedural practices to avoid, minimize, or mitigate any
			 potential impacts to biological or ecological resources, including
			 state-of-the-art measures to minimize erosion from stormwater runoff.
					(2)Compliance with
			 Federal and State lawAny oil and gas exploration and development
			 activities authorized under subsection (d)(2) shall comply with applicable
			 Federal and State laws (including regulations).
				(f)Public
			 commentBefore permitting oil and gas exploration and development
			 activities under subsection (d)(2), the Secretary shall provide notice and an
			 opportunity for public comment.
			5.Phased mineral
			 leasing
			(a)In
			 general
				(1)LeasesExcept
			 as provided in paragraph (2) and to the extent consistent with this Act, the
			 Secretary may issue mineral leases affecting public land within the Roan
			 Plateau Planning Area pursuant to the Mineral
			 Leasing Act (30 U.S.C. 181 et seq.).
				(2)Oil
			 shaleThe Secretary may not permit through a lease or other means
			 any exploration for or development of oil shale resources within the Roan
			 Plateau Planning Area.
				(b)Phased
			 development
				(1)In
			 generalSubject to paragraph (2), the Secretary may not at any
			 time issue mineral leases for public land within more than 1 of the phased
			 development areas.
				(2)Initial phased
			 development areaThe Secretary, in consultation with and
			 concurrence by the Department of Natural Resources of the State and pursuant to
			 this subsection, may select an area for initial issuance of mineral
			 leases.
				(3)FactorsIn
			 making the selection under paragraph (2), the Secretary shall, to the maximum
			 extent practicable—
					(A)minimize
			 environmental and ecological impact;
					(B)minimize
			 disturbance to natural areas atop the Roan Plateau;
					(C)maximize use of
			 existing access roads and oil and gas pipeline and production
			 infrastructure;
					(D)consider patterns
			 of private land ownership adjacent to public land;
					(E)protect and
			 promote ecological diversity;
					(F)minimize adverse
			 effects on wildlife populations, habitat, and migration patterns;
					(G)minimize adverse
			 effects on watershed values; and
					(H)maximize the
			 revenues likely to be obtained by the United States and, pursuant to the
			 Mineral Leasing Act (30 U.S.C. 181 et
			 seq.), the State.
					(4)Choice of
			 initial areaThe Secretary may select as the initial area for
			 offering of leases only—
					(A)the Anvil Ridge
			 Oil and Gas Development Area; or
					(B)the Corral Ridge
			 Oil and Gas Development Area.
					(5)Public
			 commentBefore making a selection of a phased development area
			 under this subsection, the Secretary shall provide notice and an opportunity
			 for public comment.
				(c)Environmental
			 protectionEach mineral lease affecting public land within the
			 Roan Plateau Planning Area shall include provisions to ensure the protection of
			 the environment, including minimum pad spacing that incorporates current
			 state-of-the-art drilling technologies and clustered development.
			(d)Bonus bids and
			 leasesIn entering into leases for oil or gas exploration and
			 development on public land within the Roan Plateau Planning Area, the Secretary
			 may include minimum bonus bid amounts and lease sizes that are above the limits
			 established under subparagraphs (A) and (B) of section 17(b)(1) of the Mineral
			 Leasing Act (30 U.S.C. 226(b)(1)), to the extent the Secretary considers the
			 amounts and sizes appropriate to accomplish the purposes of this Act, including
			 maximization of lease revenues and protection of the environment.
			(e)ReportsNot
			 later than 1 year after the date on which leases are first offered pursuant to
			 this section and annually thereafter, the Secretary shall submit to the
			 appropriate committees of Congress a report that includes detailed information
			 about—
				(1)the status of
			 exploration or development activities pursuant to leases entered into under
			 this section and the stipulations and other terms and conditions applicable to
			 each such lease;
				(2)the nature and
			 effectiveness of actions taken to mitigate adverse effects of exploration or
			 development activities pursuant to the leases and to reclaim land affected by
			 the activities;
				(3)the effectiveness
			 of the actions described in paragraph (2); and
				(4)the effects of
			 such exploration or development activities on—
					(A)water quality and
			 quantity;
					(B)air
			 quality;
					(C)the viability of
			 native fish populations;
					(D)wildlife habitat
			 and populations;
					(E)opportunities for
			 hunting, fishing, and other recreational activities; and
					(F)land affected by
			 any discharges or spills related to the activities.
					6.Selection of
			 subsequent leasing areas
			(a)In
			 generalSubject to subsection (d) and consistent with this Act,
			 the Secretary, in consultation with and concurrence by the Department of
			 Natural Resources of the State, may select the second and each subsequent
			 phased development area for issuance of mineral leases.
			(b)RequirementsEach
			 selection under this section shall be made in accordance with the requirements
			 of section 5(b)(3) that apply to the initial selection.
			(c)Public
			 commentBefore making a selection of a subsequent phased
			 development area under this section, the Secretary shall provide notice and an
			 opportunity for public comment.
			(d)ConditionsSelection
			 and leasing of the second or any subsequent phased development area shall occur
			 only if—
				(1)wells have been
			 completed to recover at least 90 percent of the recoverable natural gas in each
			 previously selected phased development area; and
				(2)reclamation of
			 ground disturbance to a 5-year interim reclamation standard as set forth in
			 Appendix C of the June 2007 Record of Decision has occurred on at least 99
			 percent of the public land leased in each previously-selected phased
			 development area.
				7.Federal
			 unitization agreements
			(a)In
			 generalThe Secretary, in consultation with and concurrence by
			 the Department of Natural Resources of the State, shall ensure that each lease
			 for oil or gas exploration and development on public land within the Roan
			 Plateau Planning Area under this Act contains a stipulation that requires the
			 lessee to join a Federal unitization agreement that is approved by the
			 Secretary covering all leases offered in the relevant phased development
			 area.
			(b)ContentsThe
			 unitization agreement under subsection (a) shall—
				(1)identify the
			 operator of the unit;
				(2)allocate costs
			 and benefits of production to all of the covered lessees; and
				(3)provide a
			 development plan for the leased area.
				8.Record of
			 decision
			(a)Reclamation
			 requirements and disturbance limitationsEach development
			 activity conducted under a mineral lease affecting public land within the Roan
			 Plateau Planning Area shall be subject to the reclamation requirements and
			 disturbance limitations of the June 2007 Record of Decision and the March 2008
			 Record of Decision, including the limitation on the total unreclaimed surface
			 disturbance on the Plateau to 350 acres.
			(b)Continued
			 applicationThe June 2007 Record of Decision and the March 2008
			 Record of Decision shall continue to apply to the Roan Plateau Planning Area to
			 the extent that the June 2007 Record of Decision and the March 2008 Record of
			 Decision are consistent with this Act.
			9.Conforming
			 amendmentsSection 7439 of
			 title 10, United States Code, is amended—
			(1)in subsection
			 (b)—
				(A)in paragraph
			 (1)—
					(i)by
			 striking (1) Beginning on November 18, 1997, or as soon thereafter as
			 practicable, the and inserting The; and
					(ii)in
			 the first sentence—
						(I)by striking
			 shall and inserting may; and
						(II)by inserting
			 , as authorized under the Roan Plateau
			 Oil and Gas Leasing Improvement Act of 2008 before the
			 period at the end; and
						(B)by striking
			 paragraph (2); and
				(2)in subsection
			 (f)—
				(A)in paragraph (1),
			 by striking specified in paragraph (2) and inserting
			 beginning on November 18, 1997, and ending on the date of enactment of
			 the Roan Plateau Oil and Gas Leasing
			 Improvement Act of 2008; and
				(B)by striking
			 paragraph (2) and inserting the following:

						(2)Beginning on the date of enactment of
				the Roan Plateau Oil and Gas Leasing
				Improvement Act of 2008, any amounts received by the United
				States from a lease under this section (including amounts in the form of sales,
				bonuses, royalties (including interest charges collected under the Federal Oil
				and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals)
				shall be deposited in the Treasury of the United States, for use in accordance
				with section 35 of the Mineral Leasing Act (30 U.S.C.
				191).
						.