		I
		111th CONGRESS
		1st Session
		H. R. 1828
		IN THE HOUSE OF REPRESENTATIVES

			March 31, 2009
			Mr. Polis of Colorado
			 (for himself, Mr. Perlmutter,
			 Ms. DeGette,
			 Mr. Salazar, and
			 Mr. Coffman of Colorado) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 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 concerned

		A BILL
		To amend the Energy Employees Occupational Illness
		  Compensation Program Act of 2000 to expand the category of individuals eligible
		  for compensation, to improve the procedures for providing compensation, and to
		  improve transparency, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Charlie Wolf Nuclear Workers
			 Compensation Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings; purpose.
					Sec. 3. Specified disease.
					Sec. 4. Definitions for program administration.
					Sec. 5. Change in presumption for finding of
				cancer.
					Sec. 6. Distribution of information to claimants and potential
				claimants.
					Sec. 7. Enhancement of site profiles of Department of Energy
				facilities.
					Sec. 8. Clarification of covered illnesses.
					Sec. 9. Payment of compensation to survivors and estates of
				contractor employees.
					Sec. 10. Wage loss resulting from exposure.
					Sec. 11. Expansion of toxic substance exposure for covered
				illnesses.
					Sec. 12. Extension of statute of limitations for judicial
				review of contractor employee claims.
					Sec. 13. Expansion of authority of Ombudsman of Energy
				Employees Occupational Illness Compensation Program.
					Sec. 14. Payment for transportation and personal care
				services.
					Sec. 15. Enhancement of transparency in claims
				process.
					Sec. 16. Extension of time for claimants to respond to requests
				for information.

			2.Findings;
			 purpose
			(a)FindingsCongress
			 finds that—
				(1)the Energy
			 Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384
			 et seq.) (referred to in this subsection as the Act) was enacted
			 to ensure fairness and equity for the civilian men and women who, for more than
			 50 years, have performed duties uniquely related to the nuclear weapons
			 production and testing programs of the Department of Energy (including
			 predecessor agencies of the Department of Energy) by establishing a program to
			 provide efficient, uniform, and adequate compensation for—
					(A)beryllium-related
			 health conditions; and
					(B)heavy metal-,
			 toxic chemical-, and radiation-related health conditions;
					(2)the Act (42 U.S.C.
			 7384 et seq.) provides a process for the consideration of claims for
			 compensation by individuals who were employed at relevant times and at various
			 locations, which includes provisions to designate employees at certain other
			 locations as members of a special exposure cohort the claims of whom are
			 subject to a less-detailed administrative process;
				(3)the Act (42 U.S.C.
			 7384 et seq.) authorizes the President, upon a recommendation by the Advisory
			 Board on Radiation and Worker Health established under section 3624(a)(1) of
			 the Act (42 U.S.C. 7384o(a)(1)), to designate additional classes of employees
			 at facilities under the jurisdiction of the Department of Energy as members of
			 a special exposure cohort if the President determines that—
					(A)it is not feasible
			 to estimate with sufficient accuracy the magnitude of the radiation dose that
			 the cohort received; and
					(B)there is a
			 reasonable likelihood that the radiation dose may have endangered the health of
			 members of the cohort;
					(4)it is not feasible
			 to estimate with sufficient accuracy the magnitude of radiation doses received
			 by employees at facilities under the jurisdiction of the Department of Energy
			 because—
					(A)many radiation
			 exposures by employees were unmonitored or were not monitored adequately over
			 the lifetime of each facility, as demonstrated in 2004, when an individual
			 employed during the 1950s agreed to be scanned under the former radiation
			 worker program of the Department of Energy and was found to have a significant
			 internal deposition of radiation that had been undetected and unrecorded for
			 longer than 50 years;
					(B)lung counters used
			 for the detection and measurement of plutonium and americium in the lungs of
			 the employees were not available at some facilities until the late 1960s,
			 thus—
						(i)preventing the
			 very insoluble oxide forms of plutonium from being detected; and
						(ii)leading to a
			 result in which a large number of employees experienced inhalation exposures
			 that went undetected and unmeasured;
						(C)exposure to
			 neutron radiation was not monitored at some facilities until the late 1950s,
			 and most of the measurements taken at the facilities from the period beginning
			 in the late 1950s and ending in 1970 have been found to be in error;
					(D)in some areas of
			 the facilities, neutron doses were 2 to 10 times as great as the gamma doses
			 received by employees, although only gamma doses were recorded;
					(E)the radiation
			 exposures of many employees at certain facilities were not measured, and in
			 some cases estimated doses were assigned, while some records for doses have
			 been destroyed or lost;
					(F)as a result of the
			 practices described in subparagraph (E), the available exposure histories and
			 other data are not adequate to properly determine whether employees qualify for
			 compensation under the Act (42 U.S.C. 7384 et seq.); and
					(G)the model that has
			 been used for dose reconstruction by the National Institute for Occupational
			 Safety and Health in determining whether certain workers qualify for
			 compensation under the Act (42 U.S.C. 7384 et seq.) contains errors
			 because—
						(i)the
			 default values used for particle size and solubility of internally deposited
			 plutonium in employees are in error; and
						(ii)the
			 use of those erroneous default values to calculate internal doses for claimants
			 can result in dose calculations that may be 3 to 10 times below the
			 calculations as indicated by the example of the records and autopsy data of the
			 Rocky Flats Environmental Technology Site of the Department of Energy;
						(5)the administrative
			 costs arising from claims have been disproportionately high relative to the
			 number of claims that have been approved;
				(6)many employees,
			 despite working with tons of plutonium and having known exposures that have
			 lead to serious health effects, have been denied compensation under the Act (42
			 U.S.C. 7384 et seq.) as a result of—
					(A)potentially flawed
			 calculations based on records that are incomplete or in error; and
					(B)the use of
			 incorrect models;
					(7)the purposes of
			 the Act (42 U.S.C. 7384 et seq.) are more likely to be achieved if claims by
			 the employees described in this subsection are subject to administrative
			 procedures applicable to members of the special exposure cohort;
				(8)Charlie Wolf, an
			 employee at the nuclear weapons facilities of the Savannah River Site, the
			 Fernald Site, and the Rocky Flats Environmental Technology Site of the
			 Department of Energy, died in 2009 from complications due to glioblastoma
			 multiform brain tumors;
				(9)the difficulties
			 of Mr. Wolf in securing compensation for the illness that he likely incurred
			 from exposures to toxic and radioactive materials at the nuclear weapons
			 facilities described in paragraph (8) reinforce the need to ensure that the Act
			 (42 U.S.C. 7384 et seq.) will be carried out more efficiently and humanely for
			 employees similar to Mr. Wolf;
				(10)Mr. Wolf's first
			 tumor was discovered after he had worked for several years at the Rocky Flats
			 Environmental Technology Site of the Department of Energy, during which he
			 served as the director of buildings numbered 771 (which was once considered the
			 most dangerous nuclear facility in the United States), 774, and 779, 3
			 facilities at which toxic and radioactive materials were present and handled by
			 employees;
				(11)prior to working
			 at the Rocky Flats Environmental Technology Site of the Department of Energy,
			 Mr. Wolf ran plutonium metal production lines at the Savannah River Site of the
			 Department of Energy;
				(12)Mr. Wolf and his
			 family spent almost 7 years of their lives seeking compensation under the Act
			 (42 U.S.C. 7384 et seq.) although, due to the requirements of the Act (42
			 U.S.C. 7384 et seq.) and the manner by which the regulations and procedures
			 were carried out, the claims of Mr. Wolf were subjected to lengthy and repeated
			 delays and complications that resulted from the difficulties associated with
			 establishing the reconstruction of radiation doses;
				(13)as a result of
			 the experiences of Mr. Wolf, and many others like him, there is a need to
			 reform the Act (42 U.S.C. 7384 et seq.), and the program carried out in
			 accordance with the Act (42 U.S.C. 7384 et seq.), to improve the processing of
			 claims; and
				(14)the reforms
			 established through the amendments made by this Act broaden the list of
			 specified cancers, broaden the membership of the special exposure cohort, and
			 change the presumption of cancer due to work-related exposures to help
			 streamline the claims process and help workers like Mr. Wolf and their
			 survivors.
				(b)PurposeThe
			 purpose of this Act is to amend the Energy Employees Occupational Illness
			 Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) to improve the
			 processing of claims for work-related illnesses at facilities under the
			 jurisdiction of the Department of Energy.
			3.Specified
			 diseaseSection 4(b)(2) of the
			 Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101–426)
			 is amended—
			(1)by striking (other than chronic
			 lymphocytic leukemia) and inserting (including chronic
			 lymphocytic leukemia);
			(2)by inserting posterior subcapsular
			 cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant
			 tumors of the brain and central nervous system, brochio-alveolar carcinoma,
			 benign neoplasms of the brain and central nervous system, after
			 disease),; and
			(3)by striking
			 or lung and inserting lung, skin, kidney, salivary gland,
			 rectum, pharynx, or prostate.
			4.Definitions for
			 program administration
			(a)Atomic weapons
			 employeeSection 3621(3)(A) of the Energy Employees Occupational
			 Compensation Program Act of 2000 (42 U.S.C. 7384l(3)(A)) is amended by
			 inserting , or an individual employed by a contractor or subcontractor
			 of an atomic weapons employer, after atomic weapons
			 employer.
			(b)Established
			 chronic beryllium diseaseSection 3621 of the Energy Employees
			 Occupational Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended by
			 striking paragraph (13) and inserting the following:

					(13)Established
				chronic beryllium diseaseThe
				term established chronic beryllium disease means chronic beryllium
				disease, as established by—
						(A)an occupational or
				environmental history, or epidemiological evidence of beryllium exposure;
				and
						(B)any 3 of the
				following criteria:
							(i)Characteristic
				chest radiographic (or computed tomography) abnormalities.
							(ii)Restrictive or
				obstructive lung physiology testing or a diffusing lung capacity defect.
							(iii)Lung pathology
				consistent with chronic beryllium disease.
							(iv)A
				clinical course consistent with a chronic respiratory disorder.
							(v)An
				immunologic test demonstrating beryllium sensitivity (with preference given to
				a skin patch test or a beryllium blood
				test).
							.
			(c)Member of
			 special exposure cohort
				(1)In
			 GeneralSection 3621(14) of
			 the Energy Employees Occupational Illness Compensation Program Act of 2000 (42
			 U.S.C. 7384l(14)) is amended by adding at the end the following:

						(D)The
				employee—
							(i)is
				not covered under subparagraph (A), (B), or (C); and
							(ii)was employed by
				the Department of Energy, or a contractor or subcontractor of the Department of
				Energy, before January 1,
				2006.
							.
				(2)ReapplicationA
			 claim for which an individual qualifies, by reason of paragraph (14)(D) of
			 section 3621 of the Energy Employees Occupational Illness Compensation Program
			 Act of 2000 (42 U.S.C. 7384l) (as added by paragraph (1)), for compensation or
			 benefits under that Act (42 U.S.C. 7384 et seq.) shall be considered for
			 compensation or benefits notwithstanding any denial of any other claim for
			 compensation with respect to the individual.
				(d)Specified
			 cancers
				(1)In
			 generalSection 3621(17) of the Energy Employees Occupational
			 Compensation Program Act of 2000 (42 U.S.C. 7384l(17)) is amended—
					(A)in subparagraph
			 (D), by striking (other than chronic lymphocytic leukemia);
			 and
					(B)by adding at the
			 end the following:

							(E)Basal cell
				carcinoma.
							(F)Skin
				cancer.
							.

					(2)ReapplicationA
			 claim for which an individual qualifies, by reason of subparagraph (E) or (F)
			 of paragraph (17) of section 3621 of the Energy Employees Occupational Illness
			 Compensation Program Act of 2000 (42 U.S.C. 7384l) (as added by paragraph (1)),
			 for compensation or benefits under that Act (42 U.S.C. 7384 et seq.) shall be
			 considered for compensation or benefits notwithstanding any denial of any other
			 claim for compensation with respect to the individual.
				5.Change in
			 presumption for finding of cancerSection 3623(b) of the Energy Employees
			 Occupational Compensation Program Act of 2000 (42 U.S.C. 7384n(b)) is amended
			 by striking if, and only if, the cancer specified in that subclause was
			 at least as likely as not related to and inserting , unless it
			 is determined, by clear and convincing evidence, that such cancer was not
			 sustained as a result of.
		6.Distribution of
			 information to claimants and potential claimants
			(a)Independent
			 physicians for performance of medical and impairment
			 screeningsSection 3631(b)(2) of the Energy Employees
			 Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384v(b)(2))
			 is amended—
				(1)in subparagraph
			 (A), by striking ; and and inserting a semicolon;
				(2)by redesignating
			 subparagraph (B) as subparagraph (C); and
				(3)by inserting after
			 subparagraph (A) the following:

						(B)lists that contain
				descriptions of physicians who are—
							(i)qualified to
				perform medical and impairment screenings on matters relating to the
				compensation program; and
							(ii)identified for
				purposes of this subparagraph by 1 or more independent medical associations,
				institutions of higher education, or both that are selected by the President
				for purposes of this subparagraph;
				and
							.
				(b)Notice of
			 available benefitsSection 3631 of the Energy Employees
			 Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384v) (as
			 amended by subsection (a)) is amended by adding at the end the
			 following:

					(d)Notice to
				claimants regarding available benefitsThe President shall
				provide to an individual who files a claim for compensation under this subtitle
				or subtitle E a written notice that contains a description of the benefits for
				which the individual may be eligible under this
				Act.
					.
			7.Enhancement of
			 site profiles of Department of Energy facilities
			(a)Inclusion of
			 trade names of chemicals in site profilesSection 3633 of the
			 Energy Employees Occupational Illness Compensation Program Act of 2000 (42
			 U.S.C. 7384w–1) is amended by striking subsection (c) and inserting the
			 following:

					(c)Definition of
				site profileIn this section, the term site profile
				means an exposure assessment of a facility that—
						(1)identifies the
				toxic substances or processes that were commonly used in each building or
				process of the facility, and the time frame during which the potential for
				exposure to toxic substances existed; and
						(2)includes the trade
				name (if any) of any substance described in paragraph
				(1).
						.
			(b)Public access to
			 site profiles and related informationSection 3633 of the Energy
			 Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
			 7384w–1) (as amended by subsection (a)) is amended by adding at the end the
			 following:

					(e)Public access to
				site profiles and related informationThe Secretary of Labor
				shall make available to the public—
						(1)each site profile
				prepared under subsection (a);
						(2)any other database
				used by the Secretary of Energy to evaluate claims for compensation under this
				Act; and
						(3)statistical data
				regarding the number of claims filed, the illnesses claimed, the number of
				claims filed for each illness, the number of claimants receiving compensation,
				and the length of time required to process each claim, as measured from the
				date on which the claim is filed to the final disposition of the
				claim.
						.
			8.Clarification of
			 covered illnesses
			(a)Definition of
			 covered illnessSection 3671
			 of the Energy Employees Occupational Compensation Program Act of 2000 (42
			 U.S.C. 7385s) is amended by striking paragraph (2) and inserting the
			 following:

					(2)Covered
				illnessThe term covered illness means an illness or
				death resulting from exposure to a toxic substance, including—
						(A)all forms of
				cancer;
						(B)silicosis;
						(C)asbestosis;
						(D)mesothelioma;
						(E)lung
				fibrosis;
						(F)chronic
				obstructive pulmonary disease;
						(G)chronic renal
				insufficiency;
						(H)peripheral
				neuropathy;
						(I)chronic
				encepathalopathy;
						(J)occupational
				asthma; and
						(K)pneumoconiosis.
						.

			(b)ReapplicationA
			 claim for which an individual qualifies, by reason of section 3671(2) of the
			 Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C.
			 7385s(2)) (as amended by subsection (a)), for compensation or benefits under
			 that Act (42 U.S.C. 7384 et seq.) shall be considered for compensation or
			 benefits notwithstanding any denial of any other claim for compensation with
			 respect to the individual.
			9.Payment of
			 compensation to survivors and estates of contractor employeesSection 3672 of the Energy Employees
			 Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–1) is
			 amended to read as follows:

				3672.Compensation
					(a)Contractor
				employees; survivors
						(1)Contractor
				employees
							(A)In
				generalIn accordance with section 3673, a covered contractor
				employee of the Department of Energy shall receive contractor employee
				compensation under this subtitle.
							(B)Compensation
				after death of contractor employeeExcept as provided in
				paragraph (2)(B), if the death of a contractor employee described in
				subparagraph (A) occurs after the date on which the contractor employee applies
				for compensation under this subtitle, but before the date on which such
				compensation is paid, the amount of compensation that the contractor employee
				would have received under this paragraph shall be paid to—
								(i)a
				survivor of the contractor employee in accordance with section 3674; or
								(ii)if, as of the
				date of the death of the contractor employee, no survivor of the contractor
				employee exists, the estate of the contractor employee.
								(2)Survivors
							(A)In
				generalExcept as provided in subparagraph (B), a survivor of a
				covered contractor employee of the Department of Energy shall receive
				contractor employee compensation under this subtitle in accordance with section
				3674.
							(B)Election of
				contractor employee compensation or survivor compensationA
				survivor of a contractor employee described in subparagraph (A) who is
				otherwise eligible to receive compensation pursuant to subparagraph (A) and
				paragraph (1)(B) shall—
								(i)receive
				compensation pursuant to subparagraph (A) or paragraph (1)(B), as elected by
				the survivor of the contractor employee; and
								(ii)not receive
				compensation pursuant to both subparagraph (A) and paragraph (1)(B).
								(b)ApplicabilitySubsection
				(a) is subject to each other provision of this
				subtitle.
					.
		10.Wage loss
			 resulting from exposureSection 3673(a)(2)(A)(i) of the Energy
			 Employees Occupational Compensation Program Act of 2000 (42 U.S.C.
			 7385s–2(a)(2)(A)(i)) is amended by inserting that contributed to the
			 wage loss of the employee after that employee.
		11.Expansion of
			 toxic substance exposure for covered illnessesSection 3675(c)(1) of the Energy Employees
			 Occupational Compensation Program Act of 2000 (42 U.S.C. 7385s–4(c)(1)) is
			 amended—
			(1)in subparagraph
			 (A), by inserting (including radiation or a combination of a toxic
			 substance, including heavy metals, and radiation) after toxic
			 substance; and
			(2)in subparagraph
			 (B), by inserting (including radiation or a combination of a toxic
			 substance and radiation) after toxic substance.
			12.Extension of
			 statute of limitations for judicial review of contractor employee
			 claimsSection 3677(a) of the
			 Energy Employees Occupational Illness Compensation Program Act of 2000 (42
			 U.S.C. 7385s–6(a)) is amended, in the first sentence, by striking within
			 60 days and inserting not later than 1 year.
		13.Expansion of
			 authority of Ombudsman of Energy Employees Occupational Illness Compensation
			 ProgramSection 3686 of the
			 Energy Employees Occupational Illness Compensation Program Act of 2000 (42
			 U.S.C. 7385s–15) is amended—
			(1)by striking subsection (c) and inserting
			 the following:

					(c)DutiesThe
				Office shall—
						(1)assist individuals
				in making claims under this subtitle and subtitle B;
						(2)provide
				information regarding—
							(A)the benefits
				available under this subtitle and subtitle B; and
							(B)the requirements
				and procedures applicable to the provision of the benefits described in
				subparagraph (A);
							(3)function as an
				advocate on behalf of individuals seeking benefits under this subtitle and
				subtitle B;
						(4)make
				recommendations to the Secretary regarding the location of centers (to be known
				as resource centers) for the acceptance and development of
				claims for benefits under this subtitle and subtitle B; and
						(5)carry out such
				other duties as the Secretary may
				require.
						;
			(2)in subsection (d),
			 by inserting and subtitle B after this
			 subtitle;
			(3)in subsection (e),
			 by inserting and subtitle B after this subtitle
			 each place it appears; and
			(4)by striking
			 subsection (g) and inserting the following:

					(g)Contract
				authorityThe Ombudsman may enter into 1 or more service
				contracts with individuals who possess expertise in any matter that the
				Ombudsman considers appropriate for the performance of the duties of the
				Office, including matters relating to health physics, medicine, industrial
				hygiene, and
				toxicology.
					.
			14.Payment for
			 transportation and personal care services
			(a)Definition of
			 covered individualIn this section, the term covered
			 individual means an individual who receives medical benefits under
			 section 3629(a) of the Energy Employees Occupational Illness Compensation
			 Program Act of 2000 (42 U.S.C. 7384t(a)).
			(b)RegulationsNot later than 90 days after the date of
			 enactment of this Act, the Secretary of Labor shall promulgate regulations to
			 provide for the direct payment to providers of the costs to covered individuals
			 of—
				(1)personal care
			 services (as that term is used in section 30.403 of title 20, Code of Federal
			 Regulations (as in effect on the day before the date of enactment of this Act))
			 authorized pursuant to section 3629 of the Energy Employees Occupational
			 Illness Compensation Program Act of 2000 (42 U.S.C. 7384t); and
				(2)necessary and
			 reasonable transportation expenses incident to securing medical services,
			 appliances, or supplies pursuant to section 3629(c) of the Energy Employees
			 Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
			 7384t(c)).
				15.Enhancement of
			 transparency in claims process
			(a)Information
			 provided on denial of claim; requirements relating to
			 correspondenceNot later than 90 days after the date of enactment
			 of this Act, the President shall promulgate regulations to ensure that—
				(1)any notification
			 to an individual making a claim under the Energy Employees Occupational Illness
			 Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) that the claim of the
			 individual has been denied, and all other correspondence with the individual
			 relating to the claim, are written in language that is clear, concise, and
			 easily understandable; and
				(2)any notification
			 described in paragraph (1) contains—
					(A)an explanation of
			 each reason for the denial of the claim described in that paragraph; and
					(B)a description of
			 the information, if any, that the individual could have submitted that could
			 have resulted in approval of the claim.
					(b)Document
			 retentionNot later than 90 days after the date of enactment of
			 this Act, the Secretary of Labor and the Secretary of Energy shall jointly
			 promulgate regulations to ensure that the Department of Labor and the
			 Department of Energy—
				(1)retain each
			 original document in the possession of the Department of Labor or the
			 Department of Energy relating to a facility under the jurisdiction of the
			 Department of Energy if—
					(A)any employee of
			 the facility might reasonably be expected to file a claim for compensation
			 under the Energy Employees Occupational Illness Compensation Program Act of
			 2000 (42 U.S.C. 7384 et seq.); and
					(B)the document might
			 reasonably be expected to be used by any employee described in subparagraph (A)
			 in making a claim for compensation under the Energy Employees Occupational
			 Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.); and
					(2)provide each
			 employee described in paragraph (1)(A) with access to each document described
			 in that paragraph.
				16.Extension of
			 time for claimants to respond to requests for informationIf the Secretary of Labor submits to an
			 individual who has filed a claim for compensation under the Energy Employees
			 Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.)
			 a request for information that relates to the claim for compensation, the
			 individual shall be required to respond to the request by not earlier than 120
			 days after the date on which the individual receives the request.


		II
		111th CONGRESS
		2d Session
		S. 3901
		IN THE SENATE OF THE UNITED STATES

			September 29, 2010
			Mr. Hatch introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To promote enforcement of immigration laws and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Strengthening Our Commitment to Legal
			 Immigration and America’s Security Act.
		2.Deferred action and
			 paroleSection 212(d)(5) of
			 the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding
			 at the end the following:

				(C)Notwithstanding any other provision
				of law, an alien may only be paroled into the United States or granted deferred
				action of a final order of removal on a case-by-case basis for urgent
				humanitarian reasons or significant public
				benefit.
				.
		3.State Criminal
			 Alien Assistance ProgramSection 241(i) of the Immigration and
			 Nationality Act (8 U.S.C. 1231(i)) is amended—
			(1)by redesignating
			 paragraphs (5) and (6) as paragraphs (6) and (7);
			(2)in paragraph (7),
			 as so redesignated, by striking paragraph (5) and inserting
			 paragraph (6); and
			(3)by inserting
			 after paragraph (4) the following:

					(5)A State, county,
				city, or township that is eligible to participate in Secure Communities or to
				cross-designate local law enforcement officers to perform immigration law
				enforcement functions under section 287(g) and does not participate in such
				programs may not receive compensation for incarceration expenses under this
				subsection.
					.

			4.Visa
			 reform
			(a)Visa
			 ineligibility for organized crime membersSection 212(a)(2) of
			 the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding
			 at the end the following:

					(J)Aliens engaged
				in organized crimeAny alien who the consular officer or the
				Attorney General knows or has reason to believe is a member of a known criminal
				organization that regularly engages in transnational criminal activity, is
				inadmissible.
					.
			(b)Exit procedures
			 for foreign visitorsNot later than 120 days after the date of
			 the enactment of this Act, the Secretary of Homeland Security, in coordination
			 with the Secretary of State and the aviation industry, as appropriate, shall
			 create a mandatory exit procedure for foreign visitors, based upon—
				(1)the results of
			 the programs piloted by United States Customs and Border Protection to track
			 the departure of foreign visitors, including US–VISIT; and
				(2)the feasibility
			 and benefits of the departure confirmation systems tested under such exit pilot
			 programs.
				(c)Elimination of
			 the Diversity Visa Program
				(1)In
			 generalSection 203 of the Immigration and Nationality Act (8
			 U.S.C. 1153) is amended by striking subsection (c).
				(2)Technical and
			 conforming amendmentsTitle II of the Immigration and Nationality
			 Act (8 U.S.C. 1151) is amended as follows:
					(A)In section 201 (8
			 U.S.C. 1151)—
						(i)in
			 subsection (a)—
							(I)in paragraph (1),
			 by adding and at the end; and
							(II)in paragraph
			 (2), by striking ; and at the end and inserting a period;
			 and
							(ii)by
			 striking subsection (e).
						(B)In section 203 (8
			 U.S.C. 1153)—
						(i)in
			 subsection (d), by striking subsection (a), (b), or (c) and
			 inserting subsection (a) or (b);
						(ii)in
			 subsection (g), by striking subsection (a), (b), or (c) and
			 inserting subsection (a) or (b); and
						(iii)in subsection
			 (h)(2)(B), by striking subsection (a), (b), or (c) and inserting
			 subsection (a) or (b).
						(C)Section 204(a)(1)
			 (8 U.S.C. 1154(a)(1)) is amended by striking subparagraph (I).
					(3)Effective
			 dateThe amendments made by this subsection shall become
			 effective on the first day of the fiscal year beginning after the date of the
			 enactment of this Act, unless Congress reviews the recommendations from the
			 Secretary of State on how to combat fraud and eliminate abuse in the Diversity
			 Visa Program and legislation is enacted to maintain the Diversity Visa Program
			 that addresses such recommendations, with appropriate changes in the
			 eligibility requirements.
				5.Annual
			 accountability of Federal welfare benefits received by aliens unlawfully
			 present in the United StatesThe Secretary of Health and Human Services,
			 in consultation with the Secretary of Homeland Security and the head of any
			 other appropriate Federal agency, shall submit to Congress an annual report
			 that includes, for each State (and including the District of Columbia)—
			(1)the total amount
			 of Federal welfare benefits provided to such State during the most recent
			 fiscal year, disaggregated by State; and
			(2)the total amount
			 of Federal welfare benefits provided to households with any persons who resided
			 in the United States illegally during the most recent fiscal year.
			6.Limitation on
			 State option to expand CHIP coverage to noncitizen children or noncitizen
			 pregnant womenSection 2107 of
			 the Social Security Act (42 U.S.C. 1397gg) is amended—
			(1)in subsection (e)(1)(J), by inserting
			 and only if the State satisfies the requirements described in subsection
			 (g) before the period at the end; and
			(2)by adding at the end the following:

					(g)Demonstration
				of coverage and maintenance of effortFor purposes of subsection
				(e)(1)(J), the requirements described in this subsection are the
				following:
						(1)The State
				demonstrates to the Secretary (on the basis of the best data reasonably
				available to the Secretary and in accordance with such techniques for sampling
				and estimating as the Secretary determines appropriate) that the State has
				enrolled in the State plan under title XIX, the State child health plan under
				this title, or under a waiver of either such plan, at least 90 percent of the
				children residing in the State who are citizens or nationals of the United
				States, whose family income does not exceed 200 percent of the poverty line (as
				determined before January 1, 2014, without regard to the application of any
				general exclusion or disregard of a block of income that is not determined by
				type of expense or type of income, and as determined on or after January 1,
				2014, in accordance with section 1902(e)(14)), and who are eligible for medical
				assistance under the State plan under title XIX or child health assistance
				under the State child health plan under this title.
						(2)The State
				provides assurances that the amount of State or other non-Federal funds
				expended annually by the State to provide medical assistance, child health
				assistance, or other health benefits coverage to lawfully residing immigrant
				children or lawfully residing immigrant pregnant women will not be less than
				the amount of such funds expended for such purposes for fiscal year
				2009.
						.
			7.Identity
			 theft
			(a)Amendments to
			 the criminal codeChapter 47 of title 18, United States Code, is
			 amended—
				(1)in section
			 1028—
					(A)in subsection
			 (a)(7), by striking of another person and inserting other
			 than his or her own; and
					(B)in subsection
			 (b)(3)—
						(i)in subparagraph
			 (B), by striking or at the end;
						(ii)in subparagraph
			 (C), by adding or at the end; and
						(iii)by adding at
			 the end the following:

								(C)to facilitate or
				assist in harboring or hiring unauthorized workers in violation of section 274,
				274A or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and
				1324c)
								.

						(b)IRS
			 notification requirement
				(1)Requirement to
			 notify social security account number holdersIf the Commissioner
			 of Internal Revenue sends a notice to an employer that an inaccurate social
			 security account number has been discovered for an employee and the employer
			 does not respond to the notice within 60 days to correct such account number,
			 the Commissioner shall send such a notice—
					(A)to the individual
			 who was originally issued such social security account number; or
					(B)if such
			 individual is a minor, to the individual's legal guardian.
					(2)Content of
			 noticeA notice sent to an individual under paragraph (1) shall
			 include the following:
					(A)A request that
			 the individual respond to such notice within 60 days to correct the information
			 associated with the social security account number.
					(B)Information on
			 how to respond to the notice.
					(C)Notification that
			 if a response is not received by the Commissioner within 60 days, the
			 Commissioner shall provide notice of the inaccurate social security account
			 number to the appropriate agencies for possible investigation, including the
			 Department of Homeland Security, the Department of Justice, and the Federal
			 Trade Commission.
					(D)Notification—
						(i)that if the
			 individual suspects that the individual's social security account number may
			 have been used fraudulently, the individual should notify the Federal Trade
			 Commission and the various credit bureaus; and
						(ii)information on
			 how to provide the notifications described in clause (i).
						(c)Study and
			 report
				(1)In
			 generalThe Secretary of the Treasury, the Chairman of the
			 Federal Trade Commission, and the Commissioner of Social Security, in
			 consultation with the Secretary of Commerce and other appropriate Federal
			 officials, shall conduct a study to determine the most feasible and cost
			 effective ways to protect the credit worthiness of individuals, especially
			 children.
				(2)Issues to be
			 studiedThe study conducted under paragraph (1) shall—
					(A)assess the types
			 of data held by the Federal Government and the private sector that could prove
			 beneficial in protecting and verifying identity;
					(B)assess current
			 government and industry practices designed to protect personal privacy and
			 determine how such practices could be improved to protect and verify
			 individuals’ credit worthiness;
					(C)analyze the
			 estimated impact of alternative systems of achieving effective protection of
			 credit on the financial industry (including small banks, rural financial
			 institutions, and credit unions), consumers, and the government with respect
			 to—
						(i)costs;
						(ii)credit
			 availability;
						(iii)convenience;
						(iv)privacy;
			 and
						(v)other
			 nonfinancial burdens, including any effects on personal privacy; and
						(D)determine the
			 most effective ways to protect and verify credit information.
					(3)ParticipationRepresentatives
			 of the financial industry, members of the public, government agencies, and
			 other interested groups shall be given opportunities to provide information for
			 the study conducted under paragraph (1).
				(4)ReportNot
			 later than 1 year after the date of the enactment of this Act, the Secretary of
			 the Treasury shall submit a report containing the results of the study
			 conducted under paragraph (1), including any recommendations for legislative or
			 administrative actions, to the Committee
			 on Finance of the Senate and the
			 Committee on Ways and Means of the House of
			 Representatives.
				8.Enhanced
			 penalties for certain drug offenses on Federal lands
			(a)Cultivating or
			 manufacturing controlled substances on Federal propertySection
			 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended by
			 striking as provided in this subsection and inserting for
			 not more than 10 years, in addition to any other term of imprisonment imposed
			 under this subsection,.
			(b)Use of
			 hazardous substancesPursuant to its authority under section 994
			 of title 28, United States Code, the United States Sentencing Commission shall
			 amend the Federal Sentencing Guidelines and policy statements to ensure that
			 the guidelines provide an additional penalty increase of 2 offense levels above
			 the sentence otherwise applicable for a violation of section 401(a) of the
			 Controlled Substances Act (21 U.S.C. 841(a)) if the offense—
				(1)includes the use
			 of a poison, chemical, or other hazardous substance to cultivate or manufacture
			 controlled substances on Federal property;
				(2)creates a hazard
			 to humans, wildlife, or domestic animals;
				(3)degrades or harms
			 the environment or natural resources; or
				(4)pollutes an
			 aquifer, spring, stream, river, or body of water.
				(c)Stream
			 diversion or clear cutting on Federal property
				(1)Prohibition on
			 stream diversion or clear cutting on Federal propertySection
			 401(b) of the Controlled Substances Act is amended by adding at the end the
			 following:

						(8)Destruction of
				bodies of waterAny person who violates subsection (a) in a
				manner that diverts, redirects, obstructs, or drains an aquifer, spring,
				stream, river, or body of water or clear cuts timber while cultivating or
				manufacturing a controlled substance on Federal property shall be fined in
				accordance with title 18, United States
				Code.
						.
				(2)Federal
			 Sentencing Guidelines enhancementPursuant to its authority under
			 section 994 of title 28, United States Code, the United States Sentencing
			 Commission shall amend the Federal Sentencing Guidelines and policy statements
			 to ensure that the guidelines provide an additional penalty increase of 2
			 offense levels for above the sentence otherwise applicable for a violation of
			 section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the
			 offense involves the diversion, redirection, obstruction, or draining of an
			 aquifer, spring, stream, river, or body of water or the clear cut of timber
			 while cultivating or manufacturing a controlled substance on Federal
			 property.
				(d)Booby traps on
			 Federal landSection 401(d)(1) of the Controlled Substances Act
			 (21 U.S.C. 841(d)(1)) is amended by inserting cultivated, after
			 is being.
			(e)Use or
			 possession of firearms in connection with drug offenses on Federal
			 landsPursuant to its authority under section 994 of title 28,
			 United States Code, the United States Sentencing Commission shall amend the
			 Federal Sentencing Guidelines and policy statements to ensure that the
			 guidelines provide an additional penalty increase of 2 offense levels above the
			 sentence otherwise applicable for a violation of section 401(a) of the
			 Controlled Substances Act (21 U.S.C. 841(a)) if the offense involves the
			 possession of a firearm while cultivating or manufacturing controlled
			 substances on Federal lands.
			9.Federal Lands
			 Counterdrug Action Plan
			(a)DefinitionsIn
			 this section:
				(1)Controlled
			 substanceThe term controlled substance has the
			 meaning given the term in section 102 of the Controlled Substances Act (21
			 U.S.C. 802).
				(2)Covered
			 landsThe term covered lands means—
					(A)units of the
			 National Park System;
					(B)National Forest
			 System land;
					(C)public lands (as
			 defined by section 103(e) of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C. 1702(e)); and
					(D)all land
			 administered by the Bureau of Land Management.
					(b)Implementation
			 of Federal Lands Counterdrug Action Plan
				(1)In
			 general
					(A)Requirement for
			 Action PlanNot later than 90 days after the date of the
			 enactment of this Act, the Director of National Drug Control Policy shall
			 implement an action plan for keeping controlled substances off of Federal lands
			 (referred to in this section as the Federal Lands Counterdrug Action
			 Plan).
					(B)Report to
			 CongressNot later than 2 years after the implementation of the
			 Federal Lands Counterdrug Action Plan, the Director shall submit to Congress a
			 report that describes the progress made in carrying out such Action
			 Plan.
					(2)Consultation
			 requirementIn implementing the Federal Lands Counterdrug Action
			 Plan, the Director of National Drug Control Policy shall consult with the heads
			 of relevant Federal agencies, including the Drug Enforcement Administration,
			 the Forest Service, the National Park Service, the Bureau of Land Management,
			 and any relevant State, local, and tribal law enforcement agencies.
				(c)ContentsThe
			 Federal Lands Counterdrug Action Plan shall include—
				(1)the Federal
			 Government’s action plan for preventing the illegal production, cultivation,
			 manufacture, and trafficking of controlled substances on covered lands;
				(2)the specific
			 roles of relevant Federal agencies, including the Drug Enforcement
			 Administration and relevant agencies within the Department of the Interior for
			 implementing such an action plan;
				(3)the specific
			 resources required to enable the agencies referred to in paragraph (2) to
			 implement that strategy;
				(4)a strategy to
			 reduce the cultivation and trafficking of marijuana on covered lands by Mexican
			 drug trafficking organizations;
				(5)the use of
			 available technology to reduce the cultivation and trafficking of marijuana on
			 covered lands;
				(6)the impact of
			 Federal land management statutes on law enforcement efforts; and
				(7)the costs
			 associated with marijuana eradication programs through high intensity drug
			 trafficking areas.
				(d)Effect on
			 existing lawThe Federal Lands Counterdrug Action Plan—
				(1)may not change
			 existing agency authorities or laws governing interagency relationships;
			 and
				(2)may provide
			 recommendations for changes to such authorities or laws.
				(e)Distribution
				(1)In
			 generalThe Director of the Office of National Drug Control
			 Policy shall provide a copy of the Federal Lands Counterdrug Action Plan
			 to—
					(A)the
			 Committee on the Judiciary of the
			 Senate;
					(B)the
			 Committee on Appropriations of the
			 Senate;
					(C)the
			 Committee on Homeland Security and
			 Governmental Affairs of the Senate;
					(D)the United States
			 Senate Caucus on International Narcotics Control;
					(E)the
			 Committee on the Judiciary of the House of
			 Representatives;
					(F)the
			 Committee on Appropriations of the House of
			 Representatives; and
					(G)the
			 Committee on Homeland Security of the House of
			 Representatives.
					(2)Classified
			 informationAny classified or law enforcement sensitive
			 information contained in the Federal Lands Counterdrug Action Plan may be
			 submitted in a classified annex to accompany the Action Plan.


109 HR 175 IH: Family Caregiver Security Act of 2005
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 175
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Ms. Millender-McDonald introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title XVIII of the Social Security Act to provide for the use of qualified family caregivers in the provision of home health aide services under the Medicare Program.

1.Short titleThis Act may be cited as the Family Caregiver Security Act of 2005.
2.Provision of qualified family caregiver services under the medicare program
(a)In generalSection 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following new paragraph:

(7)
(A)The agency permits an individual who is under its care to have home health aide services or personal care assistant services provided by a qualified family caregiver (as defined in subparagraph (B)) under an approved plan of care and provides for payment for the services of the caregiver, regardless of whether the caregiver is an employee of the agency, at a rate comparable to the rate otherwise paid for such services provided by other qualified personnel. In addition, in the case of such a caregiver the agency shall provide for appropriate training and oversight of such services by a registered nurse in the same or similar manner to that provided in the case of such services furnished by another qualified individual and shall provide the caregiver, as part of the plan of care, with educational information and resources related to family caregiver health and wellness.
(B)For purposes of this paragraph, the term ‘qualified family caregiver’ means, with respect to the provision of home health aide services or personal care assistant services to an individual, an individual who is a family caregiver (as defined in section 372(2) of the National Family Caregiver Support Act) of the individual and who demonstrates proficiency in the provision of the home health aide services or personal care assistant services involved to the satisfaction of the supervising registered professional nurse.
(C)This paragraph shall supersede any other restriction of this title (including section 1862(a)(11)) on the provision of home health aide services or personal care assistant services by a qualified family caregiver described in subparagraph (B) on the basis of the caregiver’s relationship to the recipient of such services. This subparagraph shall not affect any disqualification of an individual from providing services on the basis of the individual’s lack of qualification to provide the services or on the basis of an exclusion of participation of the individual under part B of title XI.
(D)The Secretary, in consultation with the Secretary of Labor, shall provide guidance to home health agencies on payment administration and management methodologies to facilitate the provision of home health aide services and personal assistant care services by qualified family caregivers under this paragraph..
(b)Effective dateThe amendment made by subsection (a) shall take effect on January 1, 2006, and shall apply to services furnished on or after such date.
(c)ConstructionNothing in this section shall be construed as preventing the application of fraud and abuse sanctions (including those under sections 1128, 1128A, and 1128B of the Social Security Act) with respect to family caregivers under section 1891(a)(7) of the Social Security Act, as added by subsection (a), in the same manner as such sanctions may be applied to other individuals who provide home health aide services or personal assistant care services.
(d)Prohibition of denial of services because of refusal of physical therapy services during rehabilitationNothing in title XVIII of the Social Security Act shall be construed as authorizing the exclusion of coverage of skilled nursing services for an individual who is 75 years of age or older as part of home health services solely on the basis of the individual’s refusal of physical therapy services during rehabilitation, regardless of whether such physical therapy services are part of the plan of care for the individual.


		II
		112th CONGRESS
		2d Session
		S. 2518
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on aqueous
		  mixtures of polyvinyl alcohol and polyvinyl pyrrolidone.

		1.Aqueous mixtures of polyvinyl alcohol and
			 polyvinyl pyrrolidone
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Aqueous mixtures of polyvinyl alcohol (CAS No. 98002–48–3) and
						polyvinyl pyrrolidone (CAS No. 9003–39–8) (provided for in subheading
						3905.99.80)FreeNo changeNo changeOn or before 12/31/2015

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