117 HR 4767 IH: Creating Opportunities to Advance Shoreline Treatments Act
U.S. House of Representatives
2021-07-28
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.

I117th CONGRESS1st SessionH. R. 4767IN THE HOUSE OF REPRESENTATIVESJuly 28, 2021Mr. Joyce of Ohio introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Flood Control Act of 1946 with respect to emergency streambank and shoreline protection, and for other purposes.1.Short titleThis Act may be cited as the Creating Opportunities to Advance Shoreline Treatments Act or the COAST Act.2.Emergency streambank and shoreline protectionSection 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking for flood control, not to exceed $25,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, and public works, churches, hospitals, schools, and other nonprofit public services, and inserting for flood control or erosion control, not to exceed $45,500,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways and other roadways, bridge approaches, public works, public recreational assets, public lands, and parks, churches, hospitals, schools, and other nonprofit public services,.


		II

		109th CONGRESS

		1st Session

		S. 1527

		IN THE SENATE OF THE UNITED

		  STATES

			July 28, 2005

			Mr. Kennedy (for himself

			 and Mr. Reed) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To amend the Public Health Service Act with

		  respect to immunizations against vaccine-preventable diseases, including

		  influenza, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Vaccine Access and Supply

			 Act.

		2.Certain authorities

			 regarding influenza and other vaccines

			(a)In

			 generalPart B of title III

			 of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended—

				(1)by redesignating section 317A as section

			 317A–1; and

				(2)by inserting after section 317 the

			 following section:

						317A.Certain authorities

				regarding influenza and other vaccines

							(a)Purchase of

				unsold doses of periodic-Change vaccines

								(1)Producer-specific

				negotiation on supply for seasonIn the case of influenza vaccine and each

				other periodic-change vaccine, the Secretary shall, for each applicable vaccine

				season, negotiate with each producer of the vaccine to reach an agreement on

				the number of doses of the vaccine that the producer will manufacture for such

				season. The Secretary is not required under the preceding sentence to enter

				into such an agreement with any producer.

								(2)Purchase of

				percentage of unsold dosesWith respect to the number of doses of a

				periodic-change vaccine manufactured for an applicable vaccine season by a

				producer in accordance with an agreement under paragraph (1), the Secretary

				shall purchase from the producer 50 percent of such doses that are unsold for

				the season.

								(3)Price per

				dose

									(A)Average sales

				priceSubject to subparagraph

				(B), the price per dose paid by the Secretary in a purchase of periodic-change

				vaccine under paragraph (2) shall be the average sales price for the vaccine

				for the applicable vaccine season, as determined by the Secretary.

									(B)Audits;

				adjustmentsThe Secretary may

				enter into an agreement under paragraph (1) with a producer regarding a

				periodic-change vaccine only if the agreement includes a provision that permits

				the Secretary to conduct audits of sales of such vaccine at wholesale by the

				producer. The average sales price determined under subparagraph (A) for a dose

				of the vaccine for an applicable vaccine season shall be adjusted by the

				Secretary as determined necessary by the Secretary on the basis of such audits

				and on the basis of any other information available to the Secretary on sales

				of the vaccine at wholesale.

									(4)DefinitionsFor purposes of this section:

									(A)The term periodic-change

				vaccine means a federally recommended vaccine (as defined in subsection

				(g)) that is designed only for a single applicable vaccine season due to

				characteristics of the etiologic agent or agents for the disease involved, or

				due to characteristics of the vaccine, that adversely affect the extent to

				which the vaccine is safe and effective after such season. Such term includes

				influenza vaccine.

									(B)The term producer means a

				person who—

										(i)manufactures an approved vaccine (as

				defined in subsection (g)); or

										(ii)who intends to manufacture such a vaccine

				and is determined by the Secretary to have the capacity to meet legal

				requirements applicable to such manufacturing.

										(C)(i)The term vaccine season,

				with respect to a periodic-change vaccine, means a consecutive number of

				months, not exceeding 24 months, during which the Secretary recommends that the

				public in general, or particular populations, as the case may be, receive

				immunizations against the disease involved.

										(ii)The term applicable vaccine

				season, with respect to a periodic-change vaccine, means the vaccine

				season that is applicable to such vaccine.

										(5)Direct

				spendingThe requirement

				under paragraph (2) that the Secretary make purchases of doses of

				periodic-change vaccine constitutes budget authority in advance of

				appropriations Acts, and represents the obligation of the United States to make

				outlays for such purchases in accordance with this subsection.

								(b)Immunization

				program for eligible adults

								(1)In

				generalThe Secretary shall

				by regulation establish a program for the distribution of qualified adult

				vaccines through States with approved applications under paragraph (4)(C),

				under which program—

									(A)each vaccine-eligible adult, in receiving

				an immunization with a qualified adult vaccine from a program-registered

				provider on or after October 1, 2006, is entitled to receive the immunization

				without charge for the cost of such vaccine; and

									(B)(i)each program-registered provider who

				administers such a vaccine to a vaccine-eligible adult on or after such date is

				entitled to receive such vaccine under the program without charge either for

				the vaccine or its delivery to the provider; and

										(ii)no vaccine is distributed under the program

				to a provider unless the provider is a program-registered provider.

										(2)Relationship to

				program for distribution of pediatric vaccinesThe provisions of the program under section

				1928 of the Social Security Act (including provisions taking effect on or after

				the effective date of this section) apply with respect to immunizations for

				vaccine-eligible adults under the program under paragraph (1) to the same

				extent and in the same manner as such provisions apply with respect to

				immunizations for vaccine-eligible children under the program under such

				section 1928, except to the extent that such a provision conflicts with this

				subsection. The preceding section may not be construed as having any effect on

				the program under title XIX of the Social Security Act, or as having the effect

				that, in the program under paragraph (1), State plans comparable to State plans

				under section 1902 of such Act are required.

								(3)Vaccine-eligible

				adult

									(A)In

				generalFor purposes of this

				subsection, the term vaccine-eligible adult means a federally

				vaccine-eligible adult or a State vaccine-eligible adult.

									(B)Federally

				vaccine-eligible adultFor

				purposes of this subsection, the term federally vaccine-eligible

				adult means each of the following:

										(i)An adult who is not insured.

										(ii)An adult who—

											(I)is administered a qualified adult vaccine

				by a federally-qualified health center (as defined in section 1905(l)(2)(B)) of

				the Social Security Act), by any other entity that is a covered entity under

				section 340B(a)(4), or by any public clinic; and

											(II)is not insured with respect to the

				vaccine.

											(iii)An adult who—

											(I)is administered a qualified adult vaccine

				while incarcerated in a Federal, State, or local penal or correctional

				institution, including an adult who is held pending judicial or administrative

				proceedings; and

											(II)is not insured with respect to the

				vaccine.

											(C)State

				vaccine-eligible adultFor

				purposes of this subsection, the term State vaccine-eligible

				adult means, with respect to a State and a qualified adult vaccine, an

				adult who is within a class of adults for which the State is purchasing the

				vaccine pursuant to provisions that apply pursuant to paragraph (2).

									(4)Participation of

				states

									(A)In

				generalIn the case or each

				State with an approved application under subparagraph (C), the Secretary shall

				provide, in accordance with provisions that apply pursuant to paragraph (2),

				for the purchase and delivery on behalf of the State, without charge to the

				State, of such quantities of qualified adult vaccines as may be necessary for

				the administration of such vaccines to all vaccine-eligible adults in the State

				on or after October 1, 2006.

									(B)Program

				criteriaThe Secretary, in

				accordance with provisions that apply pursuant to paragraph (2), shall

				establish criteria for State programs under paragraph (1).

									(C)State

				applicationA State may

				participate in the program under paragraph (1) only if the State submits to the

				Secretary an application for such participation. The Secretary shall approve

				any such application that—

										(i)is submitted in such form and such manner

				as the Secretary may require; and

										(ii)demonstrates that the State is in

				compliance with criteria under subparagraph (B).

										(5)Additional

				definitionsFor purposes of

				this subsection:

									(A)The term adult means an

				individual who is not a child as defined in section 1928 of the Social Security

				Act.

									(B)The term adult vaccine means

				a federally recommended vaccine for adults.

									(C)(i)The term insured, with

				respect to an adult, means that the adult is enrolled under, and entitled to

				benefits under, a health insurance policy or plan, including a group health

				plan, a prepaid health plan, or an employee welfare benefit plan under the

				Employee Retirement Income Security Act of 1974.

										(ii)An adult is not insured with respect to a

				qualified adult vaccine if the adult is entitled to benefits under such a

				health insurance policy or plan, but such benefits are not available with

				respect to the cost of such vaccine.

										(D)The term qualified adult

				vaccine means an adult vaccine with respect to which a contract is in

				effect pursuant to provisions that apply pursuant to paragraph (2).

									(6)Direct

				spendingThe requirement

				under paragraph (1) that the Secretary carry out a program constitutes budget

				authority in advance of appropriations Acts, and represents the obligation of

				the Federal Government to make outlays to provide for immunizations of

				vaccine-eligible adults in accordance with this subsection, including with

				respect to program-registered providers and with respect to the purchase and

				delivery of qualified adult vaccines on behalf of States.

								(c)Information on

				location of supplies of vaccines; emergency authority of secretary

								(1)In

				generalIf the Secretary

				publishes in the Federal Register a declaration that there is a shortage of an

				approved vaccine that constitutes a public health emergency, each person who is

				a manufacturer or distributor of the vaccine shall provide to the Secretary

				such information as the Secretary may require with respect to the location of

				supplies of the vaccine, including supplies in the possession of the person,

				supplies scheduled to be received by the person, and supplies sold by the

				person. Any such person who fails to comply with an order of the Secretary

				under the preceding sentence is liable to the United States for a civil penalty

				not exceeding $1,000 for each day for which the person is in violation of the

				order.

								(2)Availability to

				statesUpon the request of a

				State, the Secretary shall provide to the State the information collected by

				the Secretary under paragraph (1) that relates to the State.

								(d)Emergency

				response plan regarding shortagesThe Secretary shall develop and maintain a

				plan for the response of the Secretary to potential shortages in supplies of

				vaccines that would constitute public health emergencies. The plan shall

				include provisions with respect to communication among the relevant entities;

				distribution of available supplies of the vaccine involved; the designation of

				populations to be given priority for immunizations; interactions with State and

				local governments; use of the vaccine stockpile; and special considerations for

				specific vaccines. The initial plan shall be completed not later than 12 months

				after the date of the enactment of the Vaccine Access and Supply Act.

							(e)ResearchFor the purpose of carrying out research

				toward the development of new vaccines for human use, including vaccines to

				prevent or control pandemic infections, there are authorized to be appropriated

				$250,000,000 for fiscal year 2006, and such sums as may be necessary for each

				of the fiscal years 2007 through 2010. Such authorization is in addition to any

				other authorizations of appropriations for such purpose.

							(f)Education

				program regarding adult immunizations

								(1)In

				generalThe Secretary shall

				develop and implement a program to promote, among the adult population,

				immunizations with federally recommended vaccines.

								(2)Content of

				programThe program developed

				under paragraph (1) shall include the use of a mass media campaign.

								(3)Authorization of

				appropriationsFor the

				purpose of carrying out this subsection, there are authorized to be

				appropriated such sums as may be necessary for each of the fiscal years 2006

				through 2010.

								(g)General

				definitionsFor purposes of

				this section:

								(1)The term approved vaccine

				means a vaccine for which a biologics license under section 351 is in

				effect.

								(2)(A)The term federally recommended

				vaccine, with respect to an adult, means an approved vaccine

				recommended by the Advisory Committee on Immunization Practices (an advisory

				committee established by the Secretary, acting through the Director of the

				Centers for Disease Control and Prevention).

									(B)The term federally recommended

				vaccine, with respect to a child, means a vaccine on the list referred

				to in section 1928(e) of the Social Security

				Act.

									.

				(b)Immunizations

			 for eligible adults; continued coverage under group health plansWith respect to the program under section

			 317A(b) of the Public Health Service Act (as added by subsection (a) of this

			 section) (referred to in this subsection as the adult

			 program):

				(1)Pursuant to paragraph (2) of such section,

			 the provisions of section 1928 of the Social Security Act (referred to in this

			 section as the pediatric program) that apply with respect to the

			 adult program include subsection (f) of the pediatric program (relating to

			 State maintenance of immunization laws).

				(2)Section 609(d) of the Employee Retirement

			 Income Security Act, and the effective date for such section (under section

			 4301(d) of Public Law 103–66), apply with respect to the adult program to the

			 same extent and in the same manner as such section and effective date apply

			 with respect to the pediatric program. For purposes of such section 609(d) as

			 applied pursuant to the preceding sentence, the reference in such section to

			 May 1, 1993, shall be considered a reference to July 1, 2005.

				(3)Section 4980B(f)(1) of the Internal Revenue

			 Code of 1986 (as added by section 13422(a) of Public Law 103–66) applies with

			 respect to adult vaccines (as defined in the adult program) to the same extent

			 and in the same manner as such section applies with respect to pediatric

			 vaccines. For purposes of such section 4980B(f)(1) as applied pursuant to the

			 preceding sentence, the reference in such section to May 1, 1993, shall be

			 considered a reference to July 1, 2005. This paragraph applies with respect to

			 plan years beginning after the date of the enactment of this Act.

				(4)Section 13631(d) of Public Law 103–66

			 (relating to title XXII of the Public Health Service Act) applies with respect

			 to the adult program to the same extent and in the same manner as such section

			 applies with respect to the pediatric program. For purposes of such section

			 13631(d) as applied pursuant to the preceding sentence, the reference in such

			 section to May 1, 1993, shall be considered a reference to July 1, 2005.

				3.Program for

			 distribution of pediatric vaccines

			(a)Inclusion of all

			 public clinicsSection

			 1928(b)(2)(A)(iii)(I) of the Social Security Act (42 U.S.C.

			 1396s(b)(2)(A)(iii)(I)) is amended—

				(1)by striking or a rural health

			 clinic and inserting , a rural health clinic; and

				(2)by inserting or a public

			 clinic, after 1905(l)(1)),.

				(b)Authority to

			 remove certain limitations on payments to manufacturersSection 1928(d)(3)(B) of the Social

			 Security Act (42 U.S.C. 1396s(d)(3)(B)) is amended by adding at the end the

			 following: In the case of a contract entered into on or after the date

			 of the enactment of the Vaccine Access and

			 Supply Act, the limitation established in the preceding sentence

			 with respect to the price per dose of a pediatric vaccine does not apply if the

			 Secretary determines that the limitation is having a significant adverse effect

			 on the availability of sufficient supplies of the vaccine..

			(c)Sales from

			 6-Month supplySection

			 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by

			 inserting before the last sentence the following: The Secretary may sell

			 such quantities of vaccines from such supply as the Secretary determines

			 appropriate. Proceeds received from such sales shall be available to the

			 Secretary only for the purposes of procuring pediatric vaccine stockpiles under

			 this section and shall remain available until expended..

			4.Amendments to program

			 of vaccine-related grants to StatesSection 317(j) of the Public Health Service

			 Act (42 U.S.C. 247b(j)) is amended by adding at the end the following

			 paragraph:

				(3)(A)(i)For fiscal year 2006, the Secretary shall

				make grants described in paragraphs (1) and (2) (relating to immunizing

				individuals without charge) in an aggregate amount not exceeding

				$515,536,000.

						(ii)Of the amount available under subparagraph

				(A) for fiscal year 2006, the Secretary shall reserve not less than $80,000,000

				for the purpose of providing immunizations for adults who have not, prior to

				fiscal year 2006, been served by immunization programs carried out with grants

				made pursuant to paragraph (1) or (2).

						(B)(i)For fiscal year 2007 and each subsequent

				fiscal year, the Secretary shall make grants described in paragraphs (1) and

				(2) in an aggregate amount equal to the sum of the amounts determined under

				subclauses (I) and (II), as follows:

							(I)Of the aggregate amount provided in such

				grants for fiscal year 2006, the Secretary shall determine the portion that was

				obligated to purchase vaccines. The amount determined under this subclause is

				such portion as increased to offset the percentage increase in the average

				sales price for such vaccines for the most recent five-year period for which

				data are available, taking into account reports under subparagraph (F) (in the

				case of fiscal year 2007 and subsequent fiscal years).

							(II)Of the aggregate amount provided in such

				grants for fiscal year 2006, the Secretary shall determine the portion that was

				obligated for purposes other than the purchase of vaccines. The amount

				determined under this subclause is such portion as increased to offset the

				percentage increase in the Consumer Price Index for all urban consumers (all

				items; United States city average) for the most recent five-year period for

				which data are available.

							(ii)Of the amount available under clause (i)

				for a fiscal year, the Secretary shall, for the purpose described in

				subparagraph (A)(ii), reserve not less than the amount specified in such

				subparagraph as increased in accordance with the same methodology as applies

				under clause (i).

						(C)Subject to subparagraphs (D) through (F)),

				grants made pursuant to this paragraph shall be made in accordance with

				criteria of the Secretary issued under paragraphs (1) and (2) for immunization

				programs. The preceding sentence may not be construed as terminating the

				authority of the Secretary to modify such criteria.

					(D)The purposes for which grants made pursuant

				to this paragraph may be expended by a State or political subdivision include

				the following:

						(i)Conducting assessments to determine the

				number of adults in the area involved who need immunizations and the barriers

				to providing immunizations to such adults.

						(ii)Developing and implementing strategies to

				increase the rate of immunizations in populations in which a significant number

				of individuals have not received immunizations with the federally recommended

				vaccines (as defined in section 317A(g)) for the populations.

						(iii)Educating care givers, health care

				professionals, and the public about the need to be immunized.

						(iv)Consulting with health care providers with

				respect to ensuring proper and timely immunizations for their patients.

						(v)Investigating and responding to outbreaks

				of vaccine-preventable diseases.

						(vi)Developing and modifying plans to respond

				to potential shortages in supplies of vaccines.

						(vii)Preparing reports under subparagraph (F)

				and any additional reports that are submitted to the Secretary pursuant to this

				paragraph.

						(E)A

				condition for the receipt by a State of a grant made pursuant to this paragraph

				for a fiscal year is that the State have (or agree to develop, in the case of a

				grant for fiscal year 2006) a State plan that—

						(i)ensures the distribution and administration

				of vaccines in the event that the Secretary declares a shortage of approved

				vaccines as a public health emergency; and

						(ii)includes plans for communication and

				coordination between—

							(I)State and local public health

				departments;

							(II)community health centers;

							(III)hospitals;

							(IV)private physicians licensed within the

				State; and

							(V)to the extent practicable, vaccine

				manufacturers and suppliers.

							(F)A

				condition for the receipt of a grant made pursuant to this paragraph for a

				fiscal year is that the applicant involved agree to submit to the Secretary a

				report that specifies for such year the quantity of each type of vaccine

				purchased with the grant and the per-dose cost of the vaccine.

					(G)The requirements under subparagraphs (A)

				and (B) that the Secretary make grants constitutes budget authority in advance

				of appropriations Acts, and represents the obligation of the Federal Government

				to make outlays to provide for immunizations without charge pursuant to the

				grants in accordance with this

				paragraph.

					.

		5.One-year notice on

			 discontinuing manufacture of vaccineSubchapter A of chapter V of the Federal

			 Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting

			 after section 506C the following section:

				506D.Discontinuance of

				vaccine

					(a)In

				general

						(1)Notice to

				secretaryA manufacturer of a

				vaccine approved by the Secretary shall notify the Secretary of a

				discontinuance of the manufacture of the vaccine at least 12 months prior to

				the date of the discontinuance.

						(2)Director of

				centers for disease control and preventionPromptly after receiving a notice under

				paragraph (1), the Secretary shall inform the Director of the Centers for

				Disease Control and Prevention of the notice. Promptly after determining that a

				reduction under subsection (b) applies with respect to such a notice, the

				Secretary shall inform such Director of the reduction.

						(3)Relationship to

				separate notice programIn

				the case of a vaccine that is approved by the Secretary and is a drug described

				in section 506C(a), this section applies to the vaccine in lieu of section

				506C.

						(b)Reduction in

				notification periodThe

				notification period required under subsection (a) for a manufacturer may be

				reduced if the manufacturer certifies to the Secretary that good cause exists

				for the reduction, such as a situation in which—

						(1)a public health problem may result from

				continuation of the manufacturing for the 12-month period;

						(2)a biomaterials shortage prevents the

				continuation of the manufacturing for the 12-month period;

						(3)a liability problem may exist for the

				manufacturer if the manufacturing is continued for the 12-month period;

						(4)continuation of the manufacturing for the

				12-month period may cause substantial economic hardship for the

				manufacturer;

						(5)the manufacturer has filed for bankruptcy

				under chapter 7 or 11 of title 11, United States Code; or

						(6)the manufacturer can continue the

				distribution of the vaccine involved for 12 months.

						(c)DistributionTo the maximum extent practicable, the

				Secretary shall distribute information on the discontinuation of the

				manufacture of vaccines to appropriate physician and patient

				organizations.

					.

		6.Program for pediatric

			 vaccine stockpile; participation of manufacturers of vaccines

			(a)In

			 generalNot later than 30

			 days after the date of the enactment of this Act, the Secretary of Health and

			 Human Services, in consultation with the Chairman of the Securities and

			 Exchange Commission, shall submit to the Congress a plan to facilitate the

			 participation of manufacturers of pediatric vaccines in the program operated by

			 the Secretary to maintain a six-month supply of such vaccines (commonly

			 referred to as the pediatric vaccine stockpile). With respect to the purchase

			 of pediatric vaccines for such program, the plan shall include, as necessary,

			 provisions for the accounting-rules treatment of amounts paid by the Secretary

			 to such manufacturers that will permit the manufacturers to treat the amounts

			 as revenue upon receipt of the amounts.

			(b)DefinitionFor purposes of subsection (a), the term

			 pediatric vaccine means a vaccine on the list referred to in

			 section 1928(e) of the Social Security Act.

			7.Prohibition on

			 Medicaid cost-sharing for vaccines recommended by Advisory Committee on

			 Immunization Practices

			(a)In

			 generalSection 1916 of the

			 Social Security Act (42 U.S.C. 1396o) is amended by adding at the end the

			 following:

					(h)The State plan shall require that no

				provider participating under the State plan may impose a copayment, cost

				sharing charge, or similar charge for administering to an adult individual who

				is eligible for medical assistance under such plan a vaccine that is included

				on the recommended vaccine schedule for adults that is established (and

				periodically reviewed and appropriately revised) by the Advisory Committee on

				Immunization Practices of the Centers for Disease Control and Prevention and

				that is otherwise covered under the State

				plan.

					.

			(b)Effective

			 dateThe amendment made by

			 subsection (a) shall take effect on October 1, 2005.


116 S1873 IS: Protecting Access to American Products Act
U.S. Senate
2019-06-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1873IN THE SENATE OF THE UNITED STATESJune 13, 2019Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo establish a process for waiver of coastwise endorsement requirements.

 1.Short titleThis Act may be cited as the Protecting Access to American Products Act. 2.Waiver of coastwise endorsement requirementsSection 12112 of title 46, United States Code, is amended by adding at the end the following:

				(c)Waivers In Cases of Product Carrier Scarcity or Unavailability
 (1)In GeneralThe head of an agency shall, upon request, temporarily waive the requirements of subsection (a), including the requirement to satisfy section 12103, if the person requesting that waiver reasonably demonstrates to the head of an agency that—
 (A)there is no product carrier, with respect to a specified good, that meets such requirements, exists, and is available to carry such good; and
 (B)the person made a good faith effort to locate a product carrier that complies with such requirements.
 (2)DurationAny waiver issued under paragraph (1) shall be limited in duration, and shall expire by a specified date that is not less than 30 days after the date on which the waiver is issued.
 (3)ExtensionUpon request, if the circumstances under which a waiver was issued under paragraph (1) have not substantially changed, the head of an agency shall, without delay, grant one or more extensions to a waiver issued under paragraph (1), for periods of not less than 15 days each.
					(4)Deadline for waiver response
 (A)Response deadlineNot later than 60 days after receiving a request for a waiver under paragraph (1), the head of an agency shall approve or deny such request.
 (B)Findings in support of denied waiverIf the head of an agency denies such a request, the head of an agency shall, not later than 14 days after denying the request, submit to the requester a report that includes the findings that served as the basis for denying the request.
 (C)Request deemed grantedIf the head of an agency has neither granted nor denied the request before the response deadline described in subparagraph (A), the request shall be deemed granted on the date that is 61 days after the date on which the head of an agency received the request. A waiver that is deemed granted under this subparagraph shall be valid for a period of 30 days.
						(5)Notice to Congress
 (A)In GeneralThe head of an agency shall notify Congress— (i)of any request for a temporary waiver under this subsection, not later than 48 hours after receiving such request; and
 (ii)of the issuance of any such waiver, not later than 48 hours after such issuance. (B)ContentsThe head of an agency shall include in each notification under subparagraph (A)(ii) a detailed explanation of the reasons the waiver is necessary.
 (6)DefinitionsIn this subsection: (A)Product carrierThe term ‘product carrier’, with respect to a good, means a vessel constructed or adapted primarily to carry such good in bulk in the cargo spaces.
 (B)Head of an agencyThe term “head of an agency” means an individual, or such individual acting in that capacity, who is responsible for the administration of the navigation or vessel inspection laws..


I
111th CONGRESS
1st Session
H. R. 1894
IN THE HOUSE OF REPRESENTATIVES

April 2, 2009
Ms. Berkley (for herself, Mr. Burgess, Mr. Payne, Mr. Grijalva, Mr. McGovern, Mrs. Capps, Ms. Schakowsky, Mr. Lewis of Georgia, Mr. Olver, Ms. Baldwin, Mr. Sestak, Mr. Hinojosa, Mr. Culberson, Mr. Boswell, Mr. Gene Green of Texas, Ms. Kilpatrick of Michigan, Mr. Paul, Mrs. Lowey, Mr. Courtney, Ms. Sutton, Ms. Wasserman Schultz, Mrs. Christensen, Ms. Jackson-Lee of Texas, Ms. Schwartz, Mr. Sessions, Mr. Thompson of California, Ms. Kilroy, Ms. Hirono, Mr. McDermott, Ms. Castor of Florida, Mr. Faleomavaega, Mrs. Davis of California, Mr. Engel, Mr. Wexler, Mr. Tanner, Mr. Farr, Mr. Sherman, Ms. Watson, Ms. Titus, Ms. Moore of Wisconsin, Ms. Linda T. Sánchez of California, Ms. Kosmas, Mr. Kennedy, Mr. George Miller of California, Ms. Speier, Ms. Tsongas, Ms. DeGette, Mrs. Napolitano, Mr. Carnahan, Ms. Roybal-Allard, Mr. Kagen, Ms. Harman, Mr. Serrano, Ms. Markey of Colorado, Mr. Scott of Virginia, Ms. Shea-Porter, Mrs. Maloney, Ms. Eddie Bernice Johnson of Texas, Mr. Meeks of New York, Ms. Woolsey, Ms. Lee of California, Ms. Clarke, Ms. Corrine Brown of Florida, Ms. Edwards of Maryland, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 improve access to, and increase utilization of, bone mass measurement benefits under the Medicare part B program.

1.Short titleThis Act may be cited as the Medicare Fracture Prevention and Osteoporosis Testing Act of 2009.
2.FindingsCongress finds the following:
(1)Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing reimbursement under the Medicare program for bone mass measurement.
(2)One decade later, osteoporosis remains underdiagnosed and untreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General’s Report on Bone Health and Osteoporosis, and inclusion of bone mass measurement in the Welcome to Medicare exam.
(3)Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility.
(4)Although Caucasians are most likely to sustain osteoporosis fractures, the cost of fractures among the nonwhite population is projected to increase by as much as 180 percent over the next 20 years.
(5)Black women are more likely than White women to die following a hip fracture.
(6)Osteoporosis is a critical women’s health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs.
(7)The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this Act referred to as DXA). Vertebral fracture assessment (in this Act referred to as VFA) is another test used to identify patients at high risk for future fracture.
(8)DXA is a cost-effective preventive test with proven results in real world settings. DXA testing increases the number of people diagnosed with osteoporosis and treated so that hip fractures and related costs are dramatically reduced.
(9)Unlike other imaging procedures DXA remains severely underutilized, with only one in four women eligible for the Medicare program using the benefit that provides for bone mass measurement every two years.
(10)Underutilization of bone mass measurement will strain the Medicare budget because—
(A)55 percent of the people age 50 and older in 2002 had osteoporosis or low bone mass;
(B)more than 61,000,000 people in the United States are projected to have osteoporosis or low bone mass in 2020, as compared to 43,000,000 in 2002;
(C)osteoporosis fractures are projected to increase by almost 50 percent over the next 2 decades with at least 3,000,000 fractures expected to occur annually by 2025;
(D)the population aged 65 and older represents 89 percent of fracture costs; and
(E)the economic burden of osteoporosis fractures are projected to increase by 50 percent over the next 2 decades, reaching $25,300,000,000 in 2025.
(11)Underutilization of bone mass measurement will also strain the Medicaid budget, which funds treatment for osteoporosis in low-income Americans.
(12)Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 50 percent and is scheduled to be reduced by a total of 62 percent by 2010. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 30 percent by 2010.
(13)The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. Since two-thirds of all DXA scans are performed in nonfacility settings, such as physician offices, patient access to bone mass measurement will be severely compromised when physicians discontinue providing such tests in their offices, thereby exacerbating the current underutilization of the benefit.
3.Minimum Payment for Bone Mass Measurement
(a)In generalSection 1848(b) of the Social Security Act (42 U.S.C. 1395w–4(b)) is amended by adding at the end the following:

(6)Treatment of Bone Mass ScansNotwithstanding the provisions of paragraph (1), the Secretary shall establish a national minimum payment amount for CPT code 77080 (relating to dual-energy x-ray absorptiometry) and CPT code 77082 (relating to vertebral fracture assessment), and any successor to such codes as identified by the Secretary. Such minimum payment amount shall not be less than 100 percent of the reimbursement rates in effect for such codes (or predecessor codes) on December 31, 2006..
(b)Effective dateThe amendment made by subsection (a) shall apply to bone mass measurement furnished on or after January 1, 2010.
4.Study and report by the Institute of Medicine
(a)In generalThe Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academies to conduct a study on the following:
(1)The ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits in general and in rural and minority communities specifically.
(2)Methods to increase use of bone mass measurement by Medicare beneficiaries.
(b)ReportThe agreement entered into under subsection (a) shall provide for the Institute of Medicine to submit to the Secretary and the Congress, not later than 1 year after the date of the enactment of this Act, a report containing a description of the results of the study conducted under such subsection and the conclusions and recommendations of the Institute of Medicine regarding each of the issues described in paragraphs (1) and (2) of such subsection.


116 HR 8584 IH: Retirement Inflation Protection Act of 2020
U.S. House of Representatives
2020-10-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8584IN THE HOUSE OF REPRESENTATIVESOctober 13, 2020Mr. Emmer introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss of eligible individuals.1.Short titleThis Act may be cited as the Retirement Inflation Protection Act of 2020.2.Indexing of certain assets for purposes of determining gain or loss of eligible individuals(a)In GeneralPart II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1017 the following new section:1018.Indexing of certain assets for purposes of determining gain or loss of eligible individuals(a)In general(1)Indexed basis substituted for adjusted basisSolely for purposes of determining gain or loss on the sale or other disposition by an eligible individual of an indexed asset which has been held by such individual for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis.(2)Exception for depreciation, etcThe deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person.(3)Written documentation requirementParagraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset.(b)Eligible individualFor purposes of this section, the term eligible individual means, with respect to any indexed asset, any individual if such individual has attained age 591/2 as of the date of the sale or other disposition of such asset.(c)Indexed asset(1)In generalFor purposes of this section, the term indexed asset means—(A)common stock in a C corporation (other than a foreign corporation), or(B)tangible property,which is a capital asset or property used in the trade or business (as defined in section 1231(b)). (2)Stock in certain foreign corporations includedFor purposes of this section—(A)In generalThe term indexed asset includes common stock in a foreign corporation which is regularly traded on an established securities market.(B)ExceptionSubparagraph (A) shall not apply to—(i)stock of a foreign investment company,(ii)stock in a passive foreign investment company (as defined in section 1296),(iii)stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and(iv)stock in a foreign personal holding company.(C)Treatment of American depository receiptsAn American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation.(d)Indexed basisFor purposes of this section—(1)In generalThe indexed basis for any asset is—(A)the adjusted basis of the asset, increased by(B)the applicable inflation adjustment.(2)Applicable inflation adjustmentThe applicable inflation adjustment for any asset is an amount equal to—(A)the adjusted basis of the asset, multiplied by(B)the percentage (if any) by which—(i)C-CPI-U for the last calendar month ending before the asset is disposed of, exceeds(ii)C-CPI-U for the last calendar month ending before the asset was acquired by the taxpayer.The percentage under subparagraph (B) shall be rounded to the nearest 1/10 of 1 percentage point. (3)C-CPI-U(A)In generalThe term C-CPI-U means the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor). The values of the Chained Consumer Price Index for All Urban Consumers taken into account for purposes of determining the cost-of-living adjustment for any calendar month under this subsection shall be the latest values so published as of the date on which such Bureau publishes the initial value of the Chained Consumer Price Index for All Urban Consumers for the month which precedes such calendar month by 4 months.(B)Determination for calendar monthThe C-CPI-U for any calendar month is the average of the C-CPI-U as of the close of the 12-month period ending with the month which precedes such calendar month by 4 months.(e)Suspension of holding period where diminished risk of loss; treatment of short sales(1)In generalIf the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk.(2)Short sales(A)In generalIn the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (d)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition.(B)Short sale periodFor purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale.(f)Dispositions between related persons(1)In generalThis section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis.(2)Related persons definedFor purposes of this section, the term related persons means—(A)persons bearing a relationship set forth in section 267(b), and(B)persons treated as single employer under subsection (b) or (c) of section 414.(g)Transfers To increase indexing adjustmentIf any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase.(h)Special rulesFor purposes of this section—(1)Treatment of improvements, etcIf there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation—(A)such addition shall never be taken into account under subsection (d)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and(B)such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more.A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. (2)Assets which are not indexed assets throughout holding periodThe applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset.(3)Treatment of certain distributionsA distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition.(4)Section cannot increase ordinary lossTo the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies.(5)Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayerIf there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application.(i)RegulationsThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section..(b)Clerical amendmentThe table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1017 the following new item:Sec. 1018. Indexing of certain assets for purposes of determining gain or loss of eligible individuals..(c)Effective dateThe amendments made by this section shall apply to sales or other dispositions after the date of the enactment of this Act, in taxable years ending after such date.


115 HR 3565 IH: Federal Land Freedom Act
U.S. House of Representatives
2017-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3565IN THE HOUSE OF REPRESENTATIVESJuly 28, 2017Mrs. Black (for herself, Mr. Fleischmann, Mr. Kustoff of Tennessee, Mr. Sessions, Mr. Stewart, Mr. Gosar, Mr. Duncan of South Carolina, Mr. Roe of Tennessee, Mrs. Blackburn, and Mr. Duncan of Tennessee) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo achieve domestic energy independence by empowering States to control the exploration,
			 development, and production of oil and gas on all available Federal land,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Federal Land Freedom Act. 2.FindingsCongress finds that—
 (1)as of the date of the enactment of this Act— (A)113,000,000 acres of onshore Federal land are open and accessible for oil and gas development; and
 (B)approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and gas development;
 (2)despite the recent oil and gas boom in the United States, the number of acres of Federal land leased for oil and gas exploration has decreased by 31 percent since 2008;
 (3)in 2015, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984;
 (4)the reduction in leasing of Federal land harms economic growth and Federal revenues; (5)in 2015, it took, on average, 220 days to process applications for permits to drill on Federal land; and
 (6)States have extensive and sufficient regulatory frameworks for permitting oil and gas development. 3.DefinitionsIn this Act:
 (1)Available federal landThe term available Federal land means any Federal land that, as of May 31, 2017— (A)is located within the boundaries of a State;
 (B)is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C)is not a unit of the National Park System;
 (D)is not a unit of the National Wildlife Refuge System; (E)is not Congressionally approved wilderness area under the Wilderness Act (16 U.S.C. 1131 et seq.); and
 (F)has been identified as land available for lease for the exploration, development, and production of oil or gas—
 (i)by the Bureau of Land Management under a Resource Management Plan pursuant to the process provided for in the Federal Land Management and Policy Act of 1976 (43 U.S.C. 1701 et seq.); or
 (ii)by the Forest Service under a Forest Management Plan pursuant to the process provided for in the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.).
 (2)StateThe term State means— (A)one of the several States; and
 (B)the District of Columbia. (3)State regulatory programThe term State regulatory program means a program established pursuant to State law that regulates oil and gas exploration, development, and production on land located in the State.
			4.State control of oil and gas exploration, development, and production on all available Federal land
 (a)Submission of State regulatory programEach State in which there may be the leasing, permitting, or regulating of oil and gas exploration, development, and production activities on available Federal lands, and which wishes to assume exclusive jurisdiction over the leasing, permitting, and regulation of such oil and gas activities, shall submit to the Secretaries of the Interior and Agriculture a State regulatory program which demonstrates that such State has the capability of carrying out the provisions of this Act and meeting its purposes through—
 (1)a State law which provides for the leasing, regulation and permitting of oil and gas exploration, development, and production activities;
 (2)a State law which provides sanctions for violations of State laws, regulations, or conditions of permits concerning oil and gas exploration, development, and production activities;
 (3)a State regulatory authority with sufficient administrative and technical personnel, and sufficient funding to enable the State to lease, regulate and permit oil and gas exploration, development, and production activities; and
 (4)a State law which provides for the effective implementation, maintenance, and enforcement of a permit system for oil and gas exploration, development, and production activities on available Federal lands within the State.
				(b)Approval of state regulatory program
 (1)In generalThe State regulatory program submitted under subsection (a) shall be deemed approved, unless, not later than 60 days after submission, the Secretaries of the Interior and Agriculture—
 (A)find approval of a State regulatory program would result in decreased royalty payments to the Federal Government; or
 (B)determine that the State Regulatory Program submitted under subsection (a) does not have the capability to carry out the provisions of this Act.
 (2)Adverse determinationFor any adverse determination by the Secretaries, the Secretaries shall— (A)notify, in writing, the State applicant of the reason for the withholding of approval; and
 (B)provide any additional information, data, or analysis upon which such determination is based. (c)Effect of Approval of State regulatory programNotwithstanding any other provision of law, on approval of a State regulatory program under subsection (b), the State shall assume the Federal leasing, permitting and regulatory responsibilities for oil and gas exploration, development, and production on available Federal land located in the State in accordance with the approved plan.
 (d)Effect of State actionAny action by a State to lease, permit, or regulate oil and gas exploration, development, and production in accordance with an approved State regulatory program shall not be subject to, or considered a Federal action, Federal permit, or Federal license under—
 (1)subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’);
 (2)chapter 3001 of title 54, United States Code; (3)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
 (4)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e)Reassumption of regulatory authority by the Secretary (1)Voluntary surrender of authorityIf a State regulatory program has been approved under subsection (b), such state may voluntarily revoke such approval, and relinquish the duties under subsection (c) upon providing a 60-day notice to the Secretaries of the Interior and Agriculture. Upon the expiration of the 60-day period, the state shall no longer be permitted to lease, regulate, or permit oil and gas exploration, development, and production activities on available Federal lands.
 (2)Involuntary surrender of authorityIf the Secretaries of the Interior or Agriculture determine a State regulatory program has resulted in a 20-percent decrease in royalties to the Federal government from the preceding year, the Secretaries shall notify the state of such decrease. Such notified state shall have 180 days to address the royalty deficiency. If a state fails to improve the amount of royalties paid to the federal government, then the Secretaries of the Interior and Agriculture may jointly determine to revoke the approval of the state regulatory program under subsection (b).
				5.No effect on Federal revenues
 (a)In generalAny lease or permit issued by a State under section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government.
 (b)Disposition of revenuesAny revenues collected under a lease or permit issued by a State under section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government.
 (c)Effect on State processing feesNothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.


117 HR 1189 IH: Deepwater Port Parity Act
U.S. House of Representatives
2021-02-18
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.

I117th CONGRESS1st SessionH. R. 1189IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Mr. Young introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Deepwater Port Act of 1974 to permit the construction of deepwater ports in Federal water adjacent to certain coastal States that do not have an active Coastal Zone Management Program.
1.Short titleThis Act may be cited as the Deepwater Port Parity Act.  2.Amendments to Deepwater Port Act of 1974The Deepwater Port Act of 1974 is amended—
(1)in section 4(c)(9) (33 U.S.C. 1503(c)(9)), by inserting except for a State which developed an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 and had withdrawn such plan prior to January 1, 2012 before the adjacent coastal State; and (2)in section 9(c) (33 U.S.C. 1508(c)), by striking The Secretary and inserting Except for a State which developed an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 and had withdrawn such plan prior to January 1, 2012, the Secretary.


116 S3287 ES: CFO Vision Act of 2020
U.S. Senate

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

116th CONGRESS2d SessionS. 3287IN THE SENATE OF THE UNITED STATESAN ACTTo modify the governmentwide financial management plan, and for other purposes.1.Short titleThis Act may be cited as the CFO Vision Act of 2020.2.Chief financial officers; governmentwide financial management
 plan(a)Chief Financial Officer and Deputy Chief Financial OfficerChapter 9 of title 31, United States Code, is amended—(1)in section 902(a)—(A)in the matter preceding paragraph (1), by striking An and inserting It shall be the duty and responsibility of each agency Chief Financial Officer to oversee and provide leadership in the areas of budget formulation and execution, planning and performance, risk management, internal controls, financial systems, accounting, and other areas as the Director of the Office of Management and Budget may designate. In carrying out the preceding sentence, each;(B)in paragraph (3)—(i)in subparagraph (C), by inserting areas and before systems; and(ii)in subparagraph (D)—(I)in clause (iii), by striking and at the end;(II)in clause (iv), by striking performance; and inserting performance and integration of performance and cost information; and; and(III)by adding at the end the following:(v)annual agency financial statements prepared in accordance with United States generally accepted accounting principles;.(C)by redesignating paragraph (8) as paragraph (10);(D)by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively;(E)by inserting after paragraph (4) the following:(5)prepare, in consultation with financial management and other appropriate experts, an agency plan to implement the 4-year financial management plan prepared by the Director of the Office of Management and Budget under section 3512(a)(2) of this title and to achieve and sustain effective financial management in the agency, which shall—(A)be completed within 90 days of the issuance of a governmentwide plan under section 3512(a)(2) of this title;(B)be revised as determined necessary by the Chief Financial Officer;(C)include performance-based financial management metrics against which the financial management performance of the agency shall be assessed; and(D)be submitted upon completion or revision to the head of the agency, the Director of the Office of Management and Budget, the Comptroller General, and appropriate committees of Congress, and be made publicly available;;(F)in paragraph (6), as so redesignated—(i)by striking subparagraph (A);(ii)by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and(iii)in subparagraph (C), as so redesignated, by adding and at the end;(G)in paragraph (7), as so redesignated—(i)in the matter preceding subparagraph (A), by striking and the Director of the Office of Management and Budget, and inserting , the Director of the Office of Management and Budget, the Comptroller General, and appropriate committees of Congress, which shall be made publicly available and;(ii)in subparagraph (A), by striking agency; and inserting agency, including—(i)the progress of the agency in implementing the agency plan described in paragraph (5);(ii)the progress of the agency in implementing the governmentwide 4-year financial management plan prepared by the Director of the Office of Management and Budget under section 3512(a)(2) of this title; and(iii)the performance of the agency against financial management metrics established by the Director of the Office of Management and Budget;; and(iii)in subparagraph (D)—(I)by striking of the reports and inserting of—(i)the reports;(II)in clause (i), as so designated, by striking the amendments made by the Federal Managers' Financial Integrity Act of 1987 (Public law 97–255); and and inserting section 3512(d) of this title;; and(III)by adding at the end the following:(ii)agency spending data published under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note); and(iii)the reporting of the agency under the Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note); and;(H)in paragraph (8), as so redesignated—(i)by striking monitor the and insert manage the formulation and; and(ii)by striking , and prepare and submit to the head of the agency timely performance reports; and and inserting a semicolon; (I)by inserting after paragraph (8), as so redesignated, the following:(9)be responsible for linking performance and cost information, including the preparation and submission to the head of the agency of timely performance reports that incorporate cost information;;(J)in paragraph (10), as so redesignated—(i)by inserting inflation and before costs; and(ii)by striking the period at the end and inserting ; and; and(K)by adding at the end the following:(11)coordinate with senior agency personnel, including the Chief Data Officer, Chief Information Officer, Chief Performance Officer, Chief Acquisition Officer, Chief Risk Officer, and Chief Evaluation Officer of the agency on—(A)the exercise of authorities under this subsection; and(B)the strategic planning, performance measurement and reporting, and risk management functions of the agency.; and(2)in section 903—(A)in subsection (a), by inserting and who shall assist the agency Chief Financial Officer in the performance of each of the duties of the agency Chief Financial Officer under this chapter after matters; and(B)by adding at the end the following:(c)Notwithstanding subchapter III of chapter 33 of title 5, in the event of a vacancy in the position of Chief Financial Officer of an agency, the Deputy Chief Financial Officer of the agency shall serve as the acting Chief Financial Officer..(b)Governmentwide financial management planSection 3512 of title 31, United States Code, is amended—(1)in subsection (a)—(A)in paragraph (1), by striking a financial management status report and a governmentwide 5-year financial management plan and inserting a governmentwide 4-year financial management plan and a financial management status report; (B)by striking paragraph (2);(C)by redesignating paragraph (3) as paragraph (2);(D)in paragraph (2), as so redesignated—(i)in subparagraph (A)—(I)by striking 5-year and inserting 4-year; (II)by striking shall describe and inserting the following: shall—(i)describe;(III)in clause (i), as so designated, by striking 5 fiscal years to improve the financial management of the Federal Government. and inserting 4 fiscal years to improve the financial management of the Federal Government in a manner that is strategic, comprehensive, and cost-effective; and; and (IV)by adding at the end the following:(ii)be developed in consultation with the Chief Financial Officers Council, the Chief Information Officers Council, the Chief Data Officer Council, the Chief Acquisition Officers Council, the Council of the Inspectors General on Integrity and Efficiency, the Government Accountability Office, and, as appropriate, other councils and financial management experts.; and(ii)in subparagraph (B)—(I)in the matter preceding clause (i), by striking 5-year and inserting 4-year;(II)in clause (iii)—(aa)by striking for developing and inserting for improving financial management systems, including—(I)developing; and(bb)by adding at the end the following:(II)linking performance and cost information to facilitate effective and efficient decision making;(III)eliminating duplicative and unnecessary systems and activities; and(IV)identifying opportunities for agencies to share systems and services and encouraging agencies to do so where practicable;;(III)by striking clause (iv);(IV)by redesignating clause (v) as clause (iv); (V)by inserting after clause (iv), as so redesignated, the following:(v)provide a strategy for reporting performance and cost information;;(VI)in clause (vi), by striking 5-year and inserting 4-year;(VII)in clause (vii), by striking identify and inserting provide a strategy for strengthening the Federal financial management workforce, including identification of;(VIII)in clause (viii), by striking and at the end;(IX)by redesignating clause (ix) as clause (x);(X)by inserting after clause (viii) the following:(ix)include comprehensive financial management performance-based metrics against which the financial management performance of executive agencies can be assessed; and; and(XI)in clause (x), as so redesignated, by striking 5-year and inserting 4-year;(E)by inserting after paragraph (2) the following:(3)A financial management status report under this subsection shall include—(A)a description and analysis of the status of financial management in the executive branch, including the progress made towards implementing the governmentwide 4-year financial management plan, the status of remaining challenges, and, as necessary based on obligations or expenditures, any updates or revisions to the cost estimates included in the most recent governmentwide 4-year financial management plan; (B)a summary of the performance of agencies against the metrics developed and identified by the Director of the Office of Management and Budget in the governmentwide 4-year financial management plan;(C)a summary of the most recently completed financial statements—(i)of Federal agencies under section 3515 of this title; and(ii)of Government corporations;(D)a summary of the most recently completed financial statement audits and reports—(i)of Federal agencies under subsections (e) and (f) of section 3521 of this title; and(ii)of Government corporations;(E)a summary of reports on internal accounting and administrative control systems submitted to the President and Congress under subsection (d);(F)a listing of agencies whose financial management systems do not comply substantially with the requirements of section 803(a) of the Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note), and a summary statement of the efforts underway to remedy the noncompliance; and(G)any other information the Director considers appropriate to fully inform Congress regarding the financial management of the Federal Government.;(F)in paragraph (4)—(i)in subparagraph (A)—(I)by striking 15 months after the date of the enactment of this subsection and inserting 6 months after the date of enactment of the CFO Vision Act of 2020; and(II)by striking 5-year and inserting 4-year; and(ii)in subparagraph (B)—(I)in clause (i)—(aa)by striking Not later than January 31 of each year thereafter and inserting At a minimum, concurrently with the submission of the budget of the United States Government under section 1105(a) of this title made in the first full fiscal year following any year in which the term of the President commences under section 101 of title 3;(bb)by striking financial management status report and a revised governmentwide 5-year and inserting governmentwide 4-year; and(cc)by striking 5 fiscal years and all that follows through the period at the end and inserting 4 fiscal years.; and(II)in clause (ii)—(aa)by striking revised governmentwide 5-year and inserting governmentwide 4-year; and(bb)by striking paragraph (3)(B)(viii) and inserting paragraph (2)(B)(viii); and (iii)by adding at the end the following:(C)Each year, concurrently with the submission of the budget of the United States Government under section 1105(a) of this title, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress and the Comptroller General a financial management status report.; and(G)by striking paragraph (5); (2)in subsection (d)(2)—(A)in subparagraph (A), by striking and at the end;(B)in subparagraph (B), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(C)a separate report on the results of the assessment and conclusion required under subsection (e)(2).;(3)by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and(4)by inserting after subsection (d) the following:(e)The head of each executive agency shall—(1)in establishing the internal accounting and administrative controls under subsection (c), identify the key financial management information needed for effective financial management and decision making; and(2)annually assess and make a conclusion on the effectiveness of the internal controls of the executive agency over financial reporting and key financial management information identified under paragraph (1)..(c)Audits by agenciesSection 3521 of title 31, United States Code, is amended—(1)in subsection (e)—(A)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;(B)by striking (e) Each financial and inserting (e)(1) Each financial;(C)in paragraph (1), as so designated, by striking standards— and inserting standards.; and(D)by inserting after paragraph (1), as so designated, the following:(2)As part of each audit under this subsection, the auditor shall—(A)evaluate the design of the internal control of the agency over financial reporting and key financial information, as assessed and reported on by the head of the agency under section 3512(d)(2)(C) of this title;(B)determine whether those controls have been implemented;(C)for controls that are properly designed and implemented, perform sufficient tests of those controls to conclude whether the controls are operating effectively, including sufficient tests to support a low level of assessed control risk; and(D)communicate controls that the auditor concludes are not suitably designed and implemented or are not operating effectively, as appropriate under applicable generally accepted government auditing standards.(3) Audits under this subsection shall be conducted—; and(2)in subsection (h), by striking section 3512(a)(3)(B)(viii) and inserting section 3512(a)(2)(B)(viii).(d)Technical and conforming amendmentSection 3348(e) of title 5, United States Code, is amended—(1)in paragraph (3), by adding or at the end;(2)by striking paragraph (4); and(3)by redesignating paragraph (5) as paragraph (4).Passed the Senate December 16, 2020.Secretary


		II
		112th CONGRESS
		2d Session
		S. 3574
		IN THE SENATE OF THE UNITED STATES

			September 19, 2012
			Mr. Blunt (for himself,
			 Mr. Barrasso, Mr. Brown of Massachusetts,
			 Mr. Coburn, Mr.
			 Enzi, Mr. Cochran,
			 Mr. Johanns, Mr. Boozman, and Mr.
			 Moran) introduced the following bill; which was read twice and
			 referred to the Committee on Health,
			 Education, Labor, and Pensions

		A BILL
		To amend section 403 of the Federal Food, Drug, and
		  Cosmetic Act to improve and clarify certain disclosure requirements for
		  restaurants, similar retail food establishments, and vending
		  machines.

		1.Short titleThis Act may be cited as the
			 Common Sense Nutrition Disclosure Act
			 of 2012.
		2.Amending certain
			 disclosure requirements for restaurants, similar retail food establishments,
			 and vending machinesSection
			 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
			 343(q)(5)(H)) is amended—
			(1)in subclause (ii)—
				(A)in item (I)(aa) by
			 striking the number of calories contained in the standard menu item, as
			 usually prepared and offered for sale and inserting the number
			 of calories contained in the whole product, or the number of servings and
			 number of calories per serving, or the number of calories per the common unit
			 division of the product, such as for a multi-serving item that is typically
			 divided before presentation to the consumer;
				(B)in item (II)(aa), by striking the
			 number of calories contained in the standard menu item, as usually prepared and
			 offered for sale and inserting the number of calories contained
			 in the whole product, or the number of servings and number of calories per
			 serving, or the number of calories per the common unit division of the product,
			 such as for a multi-serving item that is typically divided before presentation
			 to the consumer; and
				(C)by adding at the
			 end the following flush text:

						In the case
				of restaurants or similar retail food establishments where the majority of
				orders are placed by customers who are off-premises at the time such order is
				placed, the information required to be disclosed under this subclause may be
				provided by a remote-access menu, such as one available on the internet,
				instead of an on-premises
				menu.;
				(2)in subclause
			 (iv)—
				(A)by striking
			 For the purposes of this clause,, inserting the following (and
			 indenting the text that follows appropriately):

						(I)In
				generalFor the purposes of
				this
				clause,
						;
				(B)by striking
			 and other reasonable means and inserting or other
			 reasonable means; and
				(C)by adding at the
			 end the following:

						(II)Reasonable
				basis definedFor purposes of this subclause, with respect to a
				nutrient disclosure, the term reasonable basis means that the
				nutrient disclosure is within acceptable allowances for variation in nutrient
				content. Such acceptable allowances shall include allowances for variation in
				serving size, inadvertent human error in formulation of menu items, and
				variations in
				ingredients.
						;
				(3)in subclause
			 (v)—
				(A)by inserting
			 contained in the whole product, or the number of servings and
			 information per serving, or the common unit division of the product, such as
			 for a multi-serving item that is typically divided before presentation to the
			 consumer, before that come in different flavors, varieties, or
			 combinations,;
				(B)by striking
			 , through means determined by the Secretary, including ranges, averages,
			 or other methods; and
				(C)by adding at the
			 end, after the period, the following: A restaurant or similar retail
			 food establishment may determine and disclosure such content by using any of
			 the following methods: ranges, averages, individual labeling of flavors or
			 components; or labeling of one preset standard build. In addition to such
			 methods, the Secretary may allow the use of other methods, to be determined by
			 the Secretary, for which there is a reasonable basis (as such term is used in
			 subclause (iv).; and
				(4)in subclause
			 (xi)—
				(A)in the heading, by
			 striking Definition and inserting
			 Definitions;
				(B)by striking clause, the term
			 menu and inserting the following (and indenting the text
			 that follows
			 appropriately):

						clause:(I)Menu; Menu
				boardThe term
				menu
						;
				and
				(C)by adding at the
			 end the following:

						(II)Preset standard
				buildThe term preset
				standard build means the finished version of a menu item most commonly
				ordered by consumers.
						(III)Restaurant or
				similar retail food establishmentThe term restaurant or similar retail
				food establishment means a retail food establishment that derives more
				than 50 percent of its total revenue from the sale of food of the type
				described in subclause (i) or (ii) of clause
				(A).
						.