115 HR 3369 IH: Broadband for Rural America Act
U.S. House of Representatives
2021-05-20
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. 3369IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Mr. Thompson of Pennsylvania (for himself, Mrs. Fischbach, Mr. Austin Scott of Georgia, Mr. Baird, Mr. Jacobs of New York, Mr. Hagedorn, Mr. Kelly of Mississippi, Mr. Balderson, Mr. Crawford, Mr. Allen, Mrs. Hartzler, Mr. Rouzer, Ms. Letlow, Mr. Moore of Alabama, Mrs. Cammack, Mr. Mann, Mr. Johnson of South Dakota, Mr. Feenstra, Mrs. Miller of Illinois, Mr. Rodney Davis of Illinois, Mr. LaMalfa, and Mr. Bacon) introduced the following bill; which was referred to the Committee on Agriculture, 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 concernedA BILLTo codify the ReConnect Program, to expand rural broadband assistance, and to improve the administration and accountability of the broadband programs at the Department of Agriculture.1.Short titleThis Act may be cited as the Broadband for Rural America Act.2.Streamlining duplicative broadband authorities(a)In generalSection 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—(1)in the section heading, by striking ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS and inserting ReConnect Rural Broadband Program;(2)by striking subsection (a) and inserting the following:(a)Establishment; purposeThe Secretary shall establish a program, which shall be known as the ReConnect Rural Broadband Program, to provide grants, loans, and loan guarantees to finance the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas.;(3)in subsection (b), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);(4)in subsection (c)—(A)by striking paragraph (2) and inserting the following:(2)Priority(A)In generalIn providing assistance under this section the Secretary shall—(i)give the highest priority to applications for projects to provide broadband service to unserved rural communities that do not have any residential broadband service of at least—(I)a 10-Mbps downstream transmission capacity; and(II)a 1-Mbps upstream transmission capacity;(ii)give priority to applicants for projects which propose to serve communities—(I)with a population of less than 10,000 permanent residents;(II)that are experiencing outmigration and have adopted a strategic community investment plan under section 379H(d) of the Consolidated Farm and Rural Development Act that includes considerations for improving and expanding broadband service;(III)with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949 (42 U.S.C. 1471(b)); or(IV)that are isolated from other significant population centers.(B)Additional priority for advanced projectsAfter giving priority to the applications described in subparagraph (A), the Secretary shall then give priority to applications for projects which propose to provide—(i)the maximum level of broadband service to the greatest proportion of rural premises in the proposed service area identified in the application;(ii)rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory that is not supported by funds from the 5G Fund for Rural America established by the Federal Communications Commission in the Report and Order in the matter of Establishing a 5G Fund for Rural America (FCC 20–150; adopted October 27, 2020), for use in various applications of precision agriculture.(C)Additional priority for community stakeholdersThe Secretary shall further prioritize projects based on the number of community stakeholders served, including—(i)State, local, and tribal government entities;(ii)nonprofit institutions;(iii)community anchor institutions, such as—(I)public libraries;(II)elementary schools and secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));(III)institutions of higher education;(IV)health care facilities; or(V)other essential community facilities;(iv)rural businesses; or(v)philanthropic organizations.(D)AdministrationIn implementing this section, the Secretary shall—(i)provide equal consideration to all eligible entities, including those that have not previously received assistance under this title; and(ii)with respect to 2 or more applications that are given the same priority under this paragraph, give priority to an application that is proposing to serve the highest number of households without sufficient broadband service.; and(B)in paragraph (3)—(i)by striking Grant amounts and inserting Additional requirements for grant awards; and(ii)by striking subparagraph (E) and inserting the following:(E)Applications(i)Grant-only applicationsThe Secretary shall establish an application process that permits an application for a grant-only award.(ii)Combined applicationsThe Secretary shall establish an application process that permits—(I)a single application for a grant and a loan under title I or II, or this title, that is associated with the grant; and(II)provides a single decision to award the grant and the loan.;(5)in subsection (d)—(A)in paragraph (2)—(i)in subparagraph (A)—(I)by striking subparagraphs (B) and (C) and inserting subparagraph (B);(II)by striking submitted— and all that follows through (i) and inserting submitted; and(III)by striking ; and and all that follows through providers; and(ii)by striking subparagraph (C); and(B)in paragraph (3)(B)(iii), by striking subclause (II) and inserting the following:(II)demonstrated on the maps required to be created under section 802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)), if address level data is available.; and(6)by striking subsection (j) and inserting the following:(j)Limitations on authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section, to remain available until expended—(1)$350,000,000 for fiscal year 2021;(2)$3,500,000,000 for fiscal year 2022; and(3)$3,500,000,000 for fiscal year 2023..(b)SunsetThe authorities provided by section 779 of the Consolidated Appropriations Act, 2018 (Public Law 115–141) shall have no force or effect after June 30, 2022.(c)Transition rules(1)Availability of funds for administrative costsNot more than 1 percent of the unobligated balances of amounts made available as of June 1, 2021, to carry out the pilot program described in section 779 of the Consolidated Appropriations Act, 2018 (Public Law 115–141) may be used for the costs of transitioning from the pilot program to the program under section 601 of the Rural Electrification Act of 1936, as amended by this Act.(2)Consolidation of funds(A)In generalThe unobligated balances of all amounts made available on or before June 30, 2022, to carry out the pilot program described in section 779 of the Consolidated Appropriations Act, 2018 (Public Law 115–141) that are in excess of the amount described in subparagraph (B) of this paragraph are hereby transferred to and merged with amounts made available to carry out the program authorized under section 601 of the Rural Electrification Act of 1936.(B)Unfunded approvalsThe amount described in this subparagraph is the amount required to fully fund each project approved as of June 30, 2022, under the pilot program described in such section 779 for which amounts were not obligated or partially obligated as of such date.3.Expanding middle-mile infrastructure in rural AmericaSection 602(g) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–1(g)) is amended by striking $10,000,000 for each of fiscal years 2018 and inserting $150,000,000 for each of fiscal years 2021.4.Fostering broadband technology innovationSection 603(e) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–2(e)) is amended by striking $10,000,000 for each of fiscal years 2019 and inserting $50,000,000 for each of fiscal years 2021.5.Broadband program oversight and accountabilitySection 701 of the Rural Electrification Act of 1936 (7 U.S.C. 950cc) is amended—(1)in subsection (b)(2)(A), by inserting (which data shall include maps required to be created under section 802(c) of the Communications Act of 1934) before and the Administrator; and(2)in subsection (e)—(A)in the matter preceding paragraph (1), by striking program level amounts available pursuant to and inserting the; and(B)by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, and inserting before paragraph (2) (as so redesignated) the following:(1)administrative costs for carrying out such title;.6.Amendments to Federal broadband program coordination requirementsSection 6212 of the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb–6) is amended—(1)by striking subsection (a);(2)by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and(3)by inserting before subsection (d) (as so redesignated) the following:(a)Eligibility verificationThe Secretary shall consult with the Commission to assist in the verification of eligibility of the broadband loan and grant programs of the Department of Agriculture. In providing assistance under the preceding sentence, the Commission shall make available the broadband assessment and mapping capabilities of the Commission.(b)Information-Sharing(1)The Secretary shall semiannually submit to the Assistant Secretary and the Commission complete, reliable, and precise information (in a manner consistent with how information is submitted under section 802 of the Communications Act of 1934 (47 U.S.C. 642)) which identifies the areas for which broadband service has been deployed under a loan or grant program of the Department of Agriculture.(2)The Assistant Secretary shall semiannually submit to the Secretary complete, reliable, and precise information (in a manner consistent with how information is submitted under section 802 of the Communications Act of 1934 (47 U.S.C. 642)) which identifies the areas for which broadband service has been deployed under any assistance provided by the Assistant Secretary, unless the Assistant Secretary has submitted the information to the Commission and the information is incorporated into the maps required to be created under section 802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)) and is shared with the Secretary under paragraph (3) of this subsection.(3)On request of the Secretary, the Commission shall provide to the Secretary the maps required to be created under section 802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)).(c)Consultations between USDA and NTIA(1)By USDAThe Secretary shall consult with the Assistant Secretary before providing broadband assistance for a project to serve an area with respect to which another entity is receiving assistance under any broadband assistance program administered by the Assistant Secretary.(2)By NTIAThe Assistant Secretary shall consult with the Secretary before offering or providing broadband assistance for a project to serve an area with respect to which another entity has received broadband assistance under a loan or grant program of the Department of Agriculture..


		II
		111th CONGRESS
		1st Session
		S. 1534
		IN THE SENATE OF THE UNITED STATES

			July 29, 2009
			Mr. Reid (for
			 Mr. Byrd (for himself,
			 Mr. Rockefeller,
			 Mr. Casey, Mr.
			 Webb, Mr. Shelby, and
			 Mr. Warner) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To complete construction of the 13-State Appalachian
		  development highway system, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Appalachian Development Highway System
			 Completion Act of 2009.
		2.Appalachian
			 development highway system
			(a)Authorization
			 of appropriationsThere are authorized to be appropriated out of
			 the Highway Trust Fund (other than the Mass Transit Account) for the
			 Appalachian development highway system program under section 14501 of title 40,
			 United States Code, $1,080,000,000 for each of fiscal years 2010 through
			 2015.
			(b)ApportionmentThe
			 Secretary shall apportion funds made available by subsection (a) for fiscal
			 years 2010 through 2015 among the States based on the latest available
			 cost-to-complete estimate for the Appalachian development highway system under
			 section 14501 of title 40, United States Code, prepared by the Appalachian
			 Regional Commission.
			(c)Applicability
			 of title 23Funds made available
			 by subsection (a) shall be available for obligation in the same manner as if
			 the funds were apportioned under chapter 1 of title 23, United States Code,
			 except that—
				(1)the Federal share
			 of the cost of any project carried out using the funds shall be determined in
			 accordance with section 14501 of title 40, United States Code; and
				(2)the funds shall
			 remain available until expended.
				(d)Availability of
			 fundsNotwithstanding any other provision of law enacted before,
			 on, or after the date of enactment of this Act, any obligation limitation
			 enacted for any of fiscal years 2010 through 2015 shall not apply to
			 obligations authorized for the Appalachian development highway system program
			 under section 14501 of title 40, United States Code.
			(e)Loans between
			 States
				(1)In
			 generalOn notice to the Secretary of Transportation, a State
			 that receives an apportionment under subsection (b) may lend any amount of
			 contract authority or obligation authority available to the State pursuant to
			 the apportionment to any other State that is eligible for such an apportionment
			 for use by the borrowing State for activities eligible under section 14501 of
			 title 40, United States Code.
				(2)RepaymentAny
			 loan under paragraph (1) shall be repaid not later than September 30,
			 2015.
				(f)PurposesSection
			 104(a) of title 23, United States Code, is amended by striking paragraph (2)
			 and inserting the following:

					(2)Purposes
						(A)Federal-aid
				highway and other programsThe funds authorized by this
				subsection shall be used to administer the provisions of law to be financed
				from appropriations for the Federal-aid highway program and programs authorized
				under chapter 2.
						(B)Appalachian
				development highway systemIn any case in which an apportionment
				is made of the amounts made available for expenditure for the Appalachian
				development highway system program under section 14501 of title 40, from
				amounts made available from the Highway Trust Fund for the Appalachian
				development highway system, the Secretary shall transfer to the Appalachian
				Regional Commission such sums as the Appalachian Regional Commission determines
				to be appropriate, not to exceed $3,000,000 for each fiscal year, for
				administrative and planning activities associated with the Appalachian
				development highway
				system.
						.
			(g)Equity bonus
			 programSection 105 of title 23, United States Code, is
			 amended—
				(1)in subsection
			 (a)(2)—
					(A)by striking
			 subparagraph (J); and
					(B)by redesignating
			 subparagraphs (K) through (N) as subparagraphs (J) through (M), respectively;
			 and
					(2)in subsection
			 (b)(2)—
					(A)in subparagraph
			 (I), by adding and at the end;
					(B)by striking
			 subparagraph (J); and
					(C)by redesignating
			 subparagraph (K) as subparagraph (J).


117 S1291 IS: Record of Military Service for Members of the Armed Forces Act of 2021
U.S. Senate
2021-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1291IN THE SENATE OF THE UNITED STATESApril 21, 2021Mr. Peters (for himself, Mr. Lankford, Mr. Moran, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo provide for a standard record of service on active duty for members of the reserve components of the Armed Forces, and for other purposes.1.Short titleThis Act may be cited as the Record of Military Service for Members of the Armed Forces Act of 2021.2.Record of military service for members of the Armed Forces(a)Standard record of service requiredChapter 59 of title 10, United States Code, is amended by inserting after section 1168 the following new sections:1168a.Discharge or release: record of military service(a)Record of service required(1)In generalThe Secretary of Defense shall establish and implement a standard record of military service for all members of the active and reserve components of the armed forces to encompass all duty under this title and titles 32, and 14.(2)DesignationThe record of service shall be known as the Certificate of Military Service.(b)Nature and scopeThe record of service required by subsection (a) shall—(1)consist of a standardized summary of the service on active duty, inactive duty, annual training, active duty for training, and State active duty in the armed forces of each member who serves in the armed forces;(2)be the same document for all members of the armed forces; and(3)replace and serve the same function as a discharge certificate or certificate of release from active duty for purposes of section 1168 of this title that is performed as of the date of the enactment of this Act by Department of Defense Form DD–214.(c)CoordinationIn carrying out this section, the Secretary of Defense shall coordinate with all applicable stakeholders, including the Secretary of Veterans Affairs, in order to ensure that the record of service required by subsection (a) serves as acceptable proof of military service for receipt of applicable benefits under the laws administered by such stakeholders..(b)Issuance to members of reserve componentsChapter 59 of such title, as amended by subsection (a), is further amended by inserting after section 1168a the following new section:1168b.Record of military service: issuance to members of reserve componentsAn up-to-date record of service (as provided for by section 1168a of this title) shall be issued to members of the reserve components of the armed forces as follows:(1)Upon permanent change to duty status (retirement, resignation, Expiration Term of Service, commissioning to officer/warrant officer, or permanent transfer to active duty).(2)Upon discharge or release from temporary active duty orders (minimum of 90 days on orders or 30 days for a contingency operation).(3)Upon promotion to each grade (starting at O–3 for commissioned officers, W–3 for warrant officers, and E–4 for enlisted members).(4)In the case of a member of the National Guard, upon any transfer to the National Guard of another State or territory (commonly referred to as an Interstate Transfer)..(c)Conforming amendments related to current discharge certificate authorities(1)In generalSubsection (a) of section 1168 of title 10, United States Code, is amended—(A)by striking his discharge certificate or certificate of release from active duty, respectively, and his final pay and inserting the member’s record or military service (as provided for by section 1168a of this title), and the member’s final pay; and(B)by striking him or his and inserting the member or the member’s.(2)Heading amendmentThe heading of such section 1168 is amended to read as follows:1168.Discharge or release from active duty: limitations; issuance of record of military service.(d)Clerical amendmentThe table of sections at the beginning of chapter 59 of such title is amended by striking the item relating to section 1168 and inserting the following new items:1168. Discharge or release from active duty: limitations; issuance of record of military service.1168a. Discharge or release: record of military service.1168b. Record of military service: issuance to members of reserve components..


115 S313 IS: Children’s Consignment Event Recognition Act of 2017
U.S. Senate
2017-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 313IN THE SENATE OF THE UNITED STATESFebruary 6, 2017Mr. Boozman (for himself and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo clarify that volunteers at a children’s consignment event are not employees under the Fair Labor
			 Standards Act of 1938.

 1.Short titleThis Act may be cited as the Children’s Consignment Event Recognition Act of 2017. 2.PurposeThe purpose of this Act is to ensure that individuals and families may pool their resources, time, efforts, and energies, with or without the assistance of a facilitator, to sell, purchase, and otherwise exchange children’s clothing, toys, bedding, furniture, and related accessories, and maternity clothing and accessories without fear that they will be deemed to be employees under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
 3.Amendments to the Fair Labor Standards Act of 1938Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended— (1)in paragraph (1), by striking and (4) and inserting , (4), (5), and (6); and
 (2)by adding at the end the following:  (6)(A)The term employee does not include—
 (i)individuals who volunteer their services before, during, or after a children’s consignment event with or without the assistance of a facilitator and—
 (I)provide not less than 15 items for sale at such children’s consignment event; and (II)receive a right to shop from the facilitator at such children’s consignment event before such event is open to the general public; or
 (ii)the spouse, children, spouses of children, grandchildren, parents, and parents of spouses of the individuals described in clause (i).
 (B)For purposes of this paragraph, the term children’s consignment event means a sale or other event in which— (i)not less than 90 percent of the fair market value, in the aggregate, of the items offered for sale at such event are—
 (I)children’s or maternity items; and (II)resale items offered for sale on consignment by consignors; and
 (ii)such event is held in a single physical location and is open to the public for the sale of goods for 8 or fewer sale days within any 30-day period.
 (C)For purposes of this paragraph, the term facilitator means a person that organizes or hosts a children’s consignment event, or otherwise actively provides an opportunity for individuals described in subparagraph (A) to volunteer at a children’s consignment event..


114 SRES 521 ATS: Expressing support for the designation of September 2016 as National Ovarian Cancer Awareness Month.
U.S. Senate
2016-07-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III114th CONGRESS2d SessionS. RES. 521IN THE SENATE OF THE UNITED STATESJuly 7, 2016Ms. Ayotte (for herself, Ms. Stabenow, Mr. Brown, Mr. Burr, Mr. Coons, Mrs. Feinstein, Mr. Menendez, Mr. Peters, Mr. Rubio, Ms. Baldwin, Mrs. Boxer, Mr. Vitter, Mr. Whitehouse, and Mr. Schumer) submitted the following resolution; which was referred to the Committee on the JudiciaryJuly 14, 2016Committee discharged; considered and agreed toRESOLUTIONExpressing support for the designation of September 2016 as National Ovarian Cancer Awareness
			 Month.

 Whereas ovarian cancer is the deadliest of all gynecologic cancers; Whereas ovarian cancer is the fifth leading cause of cancer deaths among women in the United States;
 Whereas in 2016, approximately 22,280 new cases of ovarian cancer will be diagnosed, and 14,240 women will die of ovarian cancer in the United States;
 Whereas the mortality rate for ovarian cancer has not significantly decreased since the War on Cancer was declared more than 40 years ago; Whereas a quarter of women will die within 1 year of diagnosis with ovarian cancer and over half will die within 5 years;
 Whereas there is the mammogram to detect breast cancer and the Pap smear to detect cervical cancer, there is currently no reliable early detection test for ovarian cancer;
 Whereas the lack of an early detection test means that approximately 80 percent of cases of ovarian cancer are detected at an advanced stage;
 Whereas all women are at risk for ovarian cancer, and approximately 20 percent of women diagnosed with ovarian cancer have a hereditary disposition for ovarian cancer, which places them at even a higher risk;
 Whereas scientists and physicians have uncovered changes in the BRCA genes that some women inherit from their parents, which may make them 30 times more likely to develop ovarian cancer;
 Whereas the family history of a woman has been found to play an important role in accurately assessing her risk of developing ovarian cancer and medical experts believe the family history of a woman should be taken into consideration during her annual well-woman visit;
 Whereas many experts in health prevention now recommend genetic testing for young women with a family history of breast and ovarian cancer;
 Whereas women who know they are at high risk of breast and ovarian cancer may undertake prophylactic measures to help reduce the risk of developing these diseases;
 Whereas the Society of Gynecologic Oncology now recommends that all women diagnosed with ovarian cancer receive counseling and genetic testing;
 Whereas many people are unaware that the symptoms of ovarian cancer often include bloating, pelvic or abdominal pain, difficulty eating or feeling full quickly, urinary symptoms, and several other symptoms that are easily confused with other diseases;
 Whereas awareness of the symptoms of ovarian cancer by women and health care providers can lead to a quicker diagnosis;
 Whereas in June 2007, the first national consensus statement on ovarian cancer symptoms was developed to provide consistency in describing symptoms to make it easier for women to learn and remember the symptoms;
 Whereas each year during the month of September, the Ovarian Cancer Research Fund Alliance and the partner members hold a number of events to increase public awareness of ovarian cancer; and
 Whereas September 2016 should be designated as National Ovarian Cancer Awareness Month to increase public awareness of ovarian cancer: Now, therefore, be it  That the Senate—
 (1)designates September 2016 as National Ovarian Cancer Awareness Month; and (2)supports the goals and ideals of National Ovarian Cancer Awareness Month.


116 HR 5333 IH: Ensuring Patient Access to Critical Breakthrough Products Act of 2019
U.S. House of Representatives
2019-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5333IN THE HOUSE OF REPRESENTATIVESDecember 6, 2019Ms. DelBene (for herself, Mrs. Walorski, Mr. Cárdenas, Mr. Bilirakis, Ms. Sewell of Alabama, and Mr. Marshall) 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 concernedA BILLTo amend title XVIII of the Social Security Act to ensure prompt coverage of breakthrough devices
			 under the Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Ensuring Patient Access to Critical Breakthrough Products Act of 2019. 2.Coverage and payment for breakthrough devices under the medicare program (a)In generalPart E of title XVIII of the Social Security Act (42 U.S.C. 1395x et seq.) is amended by adding at the end the following new section:

					1899C.Coverage of breakthrough devices
						(a)Breakthrough devices
 (1)In generalFor purposes of this section, the term breakthrough device means a medical device that is a device (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act) and that is—
 (A)provided with review priority by the Secretary under subsection (d)(5) of section 515 of such Act; and
 (B)approved or cleared pursuant to section 510(k), 513(f), or 515 of such Act for use in treating an indication on or after July 1, 2019.
								Such term also includes a breakthrough device that is a specified breakthrough device (as defined
			 in subsection (e)(1)(B)) approved or cleared pursuant to section 510(k),
			 513(f), or 515 of such Act for use in treating an indication on or after
 December 1, 2018.(2)Limitation on Number of 510(k) DevicesWith respect to a 5-year period, in no case may more than five medical devices described in paragraph (1) that are classified under section 510(k) of the Federal Food, Drug, and Cosmetic Act be covered and paid for under this title by reason of this section during each such 5-year period.
							(b)Coverage
							(1)Transitional coverage
 (A)In generalDuring the transitional coverage period (as defined in subparagraph (B)) a breakthrough device shall be—
 (i)deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A); (ii)deemed to be approved for an additional payment under section 1886(d)(5)(K) (other than with respect to the cost criterion under clause (ii)(I) of such section);
 (iii)deemed to be approved for pass-through payment under section 1833(t)(6) and section 1833(i) (other than with respect to the cost criterion under section 1833(t)(6)(A)(iv)); and
 (iv)insofar as such breakthrough device may be furnished in a setting for which payment is made under an applicable payment system described in subparagraphs (D) through (I) of subsection (c)(4), deemed eligible for an additional payment or payment adjustment, as the case may be, pursuant to subsection (d)(3) when furnished in a setting for which payment is made under such an applicable payment system during such transitional coverage period.
 (B)Transitional coverage period definedAs used in this section, the term transitional coverage period means, with respect to a breakthrough device, the period that— (i)begins on the date of the approval under section 515 of the Federal Food, Drug, and Cosmetic Act or of the clearance under section 510(k) of such Act, as applicable, of such device by the Secretary for the indication described in subsection (a)(1); and
 (ii)ends on the last day of the 3-year period that begins on the date that the Secretary, pursuant to subsection (c)(2), updates the relevant applicable payment system (as defined in subsection (c)(4)) to recognize the unique temporary or permanent code or codes assigned under subsection (c)(1) to such breakthrough device, except as provided in subsections (d)(1)(B) and (d)(2)(B).
 (C)Data used to meet the ntap and pass-through cost criteriaIn determining whether a breakthrough device qualifies for an additional payment under section 1886(d)(5)(K) or for pass-through payment under section 1833(t)(6) or section 1833(i), the Secretary shall use the most recently available data and information on the costs of such breakthrough device, which may include list prices and invoice prices charged for such breakthrough device.
 (2)Process for regular coverageFor purposes of the application of section 1862(a)(1)(A) to a breakthrough device furnished after the transitional coverage period (as defined in paragraph (1)(B)) for such device, the Secretary shall establish a process for the coverage of such breakthrough devices under this title after such period as follows:
								(A)Identification of additional evidence
 (i)In generalWith respect to a breakthrough device, not later than 1 year after the date of the approval of such device under section 515 of the Federal Food, Drug, and Cosmetic Act or of the clearance of such device under section 510(k) of such Act, as applicable, the Secretary shall identify whether any additional data or evidence is required with respect to any indications for such device for purposes of the application of such section 1862(a)(1)(A) to such device for such indications.
 (ii)Non-duplication of data requestsIn carrying out clause (i) with respect to a breakthrough device, the Secretary shall ensure that data or evidence identified—
 (I)does not duplicate data required to be collected by the Food and Drug Administration with respect to such breakthrough device;
 (II)minimizes the administrative burdens of data collection and reporting on providers of services, suppliers, and manufacturers of breakthrough devices; and
 (III)is not otherwise unnecessary or redundant. (B)Proposal for coverage after the transitional coverage periodNot later than 2 years after the date of the approval or clearance of a breakthrough device by the Food and Drug Administration, the Secretary shall develop a proposal for coverage under this title of such breakthrough device for such indications as the Secretary determines to be appropriate, based on the data and evidence collected under subparagraph (A), for such devices furnished after the transitional coverage period under paragraph (1) for such device. If the Secretary does not, on a date that is before the end of such two-year period, take action to modify the indications for which coverage of a breakthrough device may be provided under this title after such period, for purposes of section 1862(a)(1)(A) coverage under this title of such breakthrough device shall be made for all indications for which such device is approved under section 515 of the Federal Food, Drug, and Cosmetic Act or cleared under section 510(k) of such Act.
 (3)Rules of constructionNothing in this section shall be construed to— (A)affect the ability of the manufacturer of a breakthrough device to seek approval for pass-through payment status under section 1833(t)(6) or to seek approval for an additional payment under section 1886(d)(5)(K) insofar as such breakthrough device does not qualify for transitional coverage under paragraph (1); or
 (B)affect the application and approval process for pass-through payment status under section 1833(t)(6) or for an additional payment under section 1886(d)(5)(K) in the case of a medical device that is not approved by the Food and Drug Administration as a breakthrough device.
								(c)Coding
 (1)Prompt assignmentNot later than three months after the date of approval or clearance of a breakthrough device by the Food and Drug Administration, subject to subparagraph (B), the Secretary shall assign a unique temporary or permanent code or codes for purposes of coverage and payment for such breakthrough device under the applicable payment systems (described in paragraph (4)).
							(2)Updates
 (A)IPPSThe Secretary shall provide for semiannual updates under the applicable payment system described in paragraph (4)(A) (relating to the inpatient hospital prospective payment system) to recognize the code or codes assigned under paragraph (1).
 (B)OPPSThe Secretary shall provide for quarterly updates under the applicable payment system described in paragraph (4)(B) (relating to the outpatient hospital prospective payment system) to recognize the code or codes assigned under paragraph (1).
 (C)Other payment systemsThe Secretary shall provide for semiannual or quarterly updates, as the case may be, under the applicable payment systems described in subparagraphs (C) through (L) of paragraph (4) to recognize the code or codes assigned under paragraph (1).
 (3)TransparencyThe process for the assignment of a code or codes under this subsection shall provide for public notice and a meaningful opportunity for public comment from affected parties.
 (4)Applicable payment systems describedFor purposes of this subsection, the term applicable payment systems means— (A)with respect to inpatient hospital services, the prospective payment system for inpatient hospital services established under section 1886(d);
 (B)with respect to outpatient hospital services, the prospective payment system for covered OPD services established under section 1833(t);
 (C)with respect to ambulatory surgical center services, the fee schedule for such services established under 1833(i);
 (D)with respect to physicians’ services, the physician fee schedules established under section 1848; (E)with respect to covered items of durable medical equipment, the applicable fee schedules established under section 1834;
 (F)with respect to diagnostic laboratory tests, the payment amounts under section 1834A and the fee schedules establish under section 1848, as the case may be;
 (G)with respect to inpatient hospital services furnished by rehabilitation facilities, the prospective payment system established under section 1886(j);
 (H)with respect to inpatient hospital services furnished by long-term care hospitals, the prospective payment system under section 1886(m);
 (I)with respect to inpatient hospital services furnished by psychiatric hospitals and psychiatric units, the prospective payment system under section 1886(s);
 (J)with respect to home health services, the prospective payment system under section 1895; and (K)with respect to items and services, or a provider of services or supplier, not described in subparagraphs (A) through (I), the payment system established under this title for such items and services when furnished by such provider of services or supplier.
								(d)Payment
 (1)Inpatient hospital prospective payment system: deemed eligibility for breakthrough paymentThe Secretary shall deem each breakthrough device as approved for an additional payment under section 1886(d)(5)(K) for the 3-year period that begins—
 (A)except as provided in subparagraph (B), on the date that the Secretary, pursuant to subsection (c)(2)(A), updates the payment system under section 1886(d) to recognize the unique temporary or permanent code or codes assigned under subsection (c)(1) to such breakthrough device; or
 (B)in the case of a device that has not received approval or clearance as a breakthrough device by the Food and Drug Administration before such payment system is updated under subsection (c)(2)(A) to recognize the unique temporary or permanent code or codes assigned under subsection (c)(1) to such device, on the date of such approval or clearance.
								Nothing in this paragraph shall be construed to affect the authority of the Secretary to use claims
			 data to establish new diagnosis or procedure codes for breakthrough
			 devices or to identify appropriate diagnosis-related groups for the
			 assignment of breakthrough devices under annual rulemaking to carry out
 section 1886(d)(5)(K).(2)Outpatient prospective payment system: deemed eligibility for pass-through paymentThe Secretary shall deem each breakthrough device as approved for pass-through payment under section 1833(t)(6) (including for purposes of section 1833(i)(2)(D)) during the 3-year period that begins—
 (A)except as provided in subparagraph (B), on the date that the Secretary, pursuant to subsection (c)(2)(B), updates the payment system under section 1833(t) to recognize the unique temporary or permanent code or codes assigned under subsection (c)(1) to such breakthrough device; or
 (B)in the case of a device that has not received approval or clearance as a breakthrough device by the Food and Drug Administration before such payment system is updated under subsection (c)(2)(B) to recognize the unique temporary or permanent code or codes assigned under subsection (c)(1) to such device, on the date of such approval or clearance.
								Nothing in this paragraph shall be construed to affect the authority of the Secretary to use claims
			 data to establish new ambulatory payment classification groups for
			 breakthrough devices or to revise such groups to take into account
			 breakthrough devices under annual rulemaking to carry out section 1833(t).(3)Other payment systems
 (A)In generalIn the case of breakthrough device that is furnished and for which payment may be made under the payment system established under section 1834, 1834A, 1848, 1886(j), 1886(m), 1886(s), or 1895 or any other provision of this title (other than sections 1833(i), 1833(t), and 1886(d)), the Secretary shall provide for an additional payment for such breakthrough device under such applicable payment system or an adjustment to such applicable payment system, as the case may be. The payment basis for such additional payment or adjustment, as the case may be, shall equal an amount that the Secretary determines covers the costs of such breakthrough device.
 (B)Cost informationIn determining the costs of a breakthrough device for purposes of determining an additional payment or payment adjustment under subparagraph (A), the Secretary shall use the most recently available data and information on the costs of such breakthrough device, which may include list prices and invoice prices charged for such breakthrough device.
 (C)Rule of constructionNothing in this paragraph shall be construed to affect the authority of the Secretary to use claims data to establish new or modify existing ambulatory payment classification groups, diagnosis-related groups, level II HCPCS codes or such other groups or codes as the Secretary may establish under the annual rulemaking authority under the provisions referred to in subparagraph (A).
 (D)Clinical diagnostic laboratory testsAn additional payment or payment adjustment under subparagraph (A) for a breakthrough device under the applicable payment system established in section 1834A may be in the form of an increase to the amount determined for the breakthrough device using cross-walking under section 1834A(c)(1)(A), an extension of the initial period of payment applicable to advance diagnostic laboratory tests under section 1834A(d)(1)(A), and in such other form or manner as the Secretary determines reflects the costs for such breakthrough device under the relevant provisions of section 1834A.
 (4)Payment for breakthrough devices after the transitional coverage periodPayment for a breakthrough device that is furnished after the conclusion of the transitional coverage period under subsection (b)(1) for such device shall be made pursuant to the applicable payment system involved, taking into account the additional evidence and data collected under subsection (b)(2).
							(e)Special rules for certain breakthrough devices
							(1)Coverage of specified breakthrough devices
 (A)In generalSubject to the succeeding provisions of this subsection and notwithstanding any other provision of law, the Secretary shall provide for coverage and payment pursuant to this section of a specified breakthrough device (as defined in subparagraph (B)).
 (B)Specified breakthrough device definedIn this section, the term specified breakthrough device means a breakthrough device with respect to which no Medicare benefit category exists. (2)Period of transitional coverage (A)In generalSubject to subparagraph (C), the provisions of subsection (b)(1) (relating to the transitional coverage period and payment for breakthrough devices, including the use of the most recently available data and information on costs) shall apply to a specified breakthrough device in the same manner as such provisions apply to a breakthrough device. The Secretary may use methodologies under existing payment systems established under this title, may provide for appropriate adjustments to such methodologies, or may establish a new payment methodology under this title, to provide for payment for a specified breakthrough device to ensure the payment basis for such payment covers costs of the specified breakthrough device are covered by such payment.
								(B)Report
 (i)In generalWith respect to each specified breakthrough device, the Secretary shall submit to Congress a report on the coverage of and payment for such specified breakthrough device under this section that includes the following information:
 (I)The manner in which coverage is provided and payment is made for the specified breakthrough device, including how such device was classified (such as an item of durable medical equipment or otherwise) and the payment methodology the Secretary applied with respect to such device.
 (II)The impact of the availability of the specified breakthrough device to Medicare beneficiaries, including impacts on the quality of patient care, patient outcomes, and patient experience.
 (III)The impact of the availability of the specified breakthrough device to Medicare beneficiaries on program expenditures under this title.
 (IV)Such other information as the Secretary determines to be appropriate. (ii)Deadline (I)In generalExcept as provided in subclause (II), the Secretary shall submit a report required under this subparagraph no later than the end of the transitional period of coverage and payment applicable to such specified breakthrough device.
 (II)Extension to generate additional dataIf the Secretary determines that additional data or evidence is required to complete a report required under this subparagraph with respect to a specified breakthrough device, the deadline under this clause may be extended for an additional two years.
 (C)Additional period of transitional coverage to develop additional dataInsofar as the Secretary determines that additional data or evidence is required to complete a report required under subparagraph (B) with respect to a specified breakthrough device, the transitional coverage period of coverage and payment for such device shall be extended by the lesser of—
 (i)two years; or (ii)the amount of additional time required for the submission of the report with respect to such device.
 (3)Coverage and payment after the transitional periodThe Secretary may continue to provide for coverage of and payment for a specified breakthrough device after the end of the transitional period of coverage and payment for breakthrough devices through the national coverage determination process if the Secretary determines that the specified breakthrough device—
 (A)improves the quality of care and patient outcomes; (B)improves the delivery of care; or
 (C)reduces spending under this title without reducing the quality of care.. (b)Study of limit on 510(k) breakthrough devices (1)StudyThe Secretary of Health and Human Services shall conduct a study on the effect of the limit under section 1899C(a)(2) of the Social Security Act, as added by subsection (a), on the number of devices cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)) that are breakthrough devices for purposes of such section 1899C.
 (2)Matters examinedIn conducting the study described in paragraph (1), the Secretary shall— (A)determine the number of medical devices cleared under such section 510(k) during the 5-year period beginning on the date of the enactment of this Act;
 (B)determine the number of such devices that were not included as breakthrough devices for purposes of such section 1899C by reason of the limitation under subsection (a)(2) of such section; and
 (C)examine the impact of such limitation on access to such devices for individuals entitled to benefits under part A or enrolled in part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or both.
 (3)ReportNot later than 6 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under this subsection and shall include such recommendations for legislative or administrative changes as the Secretary determines to be appropriate.
				(c)Conforming amendments
 (1)Inpatient prospective payment systemSection 1886(d)(5)(K) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(K)) is amended by adding at the end the following new clause:

 (x)Effective for discharges occurring on or after October 1, 2019, in the case of a new medical service or technology that is a breakthrough device (as defined in section 1899C(a)), the additional payment established for such breakthrough device under this subparagraph shall be made for the 3-year period applicable to such breakthrough device under section 1899C(d)(1). In determining the amount of the additional payment for a breakthrough device under this subparagraph during such 3-year period, the Secretary shall apply section 412.88(b) of title 42, Code of Federal Regulations (or any successor regulation), as if the reference to 50 percent in such section were a reference to 80 percent..
 (2)Outpatient prospective payment systemSection 1833(t)(6)(C) of such Act (42 U.S.C. 1395l(t)(6)(C)) is amended by adding at the end the following new clause:

 (iii)Special rule for breakthrough devicesNotwithstanding clause (i) or (ii), or any other provision of this paragraph to the contrary, in the case of a breakthrough device (as defined in section 1899C(a)) that is furnished on or after January 1, 2020, payment under this paragraph for such breakthrough device shall be made for the 3-year period applicable to such breakthrough device under section 1899C(d)(2). The provisions of this clause shall also apply for purposes of transitional pass-through payment under section 1833(i)(2)(D)..
 (3)Competitive bidding programSection 1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended— (A)in paragraph (2)(A)—
 (i)by striking and excluding drugs and inserting excluding drugs; and (ii)by inserting before the period at the end the following: and excluding breakthrough devices (as defined in section 1899C(a)); and
 (B)in paragraph (7), by adding at the end the following new subparagraph:  (C)Breakthrough devicesA breakthrough device described in paragraph (2)(A) that is furnished during the transitional coverage period (as defined in section 1899C(b)(1)(B)) applicable to such device under section 1899C..
 (d)Effective dateThis section, and the amendments made by this section, shall take effect on the date of the enactment of this Act and, unless otherwise specified in this section (or in an amendment made by this section), shall apply to breakthrough devices (as defined in section 1899C(a) of the Social Security Act, as added by subsection (a)), approved or cleared on or after July 1, 2019, or, in the case of a specified breakthrough device (as defined in such section as so added), approved or cleared on or after December 1, 2018.


116 HR 7504 IH: VA Clinical Training in Evidence-based treatments And Military Culture Act of 2020
U.S. House of Representatives
2020-07-09
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. 7504IN THE HOUSE OF REPRESENTATIVESJuly 9, 2020Ms. Blunt Rochester (for herself, Mr. Bilirakis, and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to establish standards and requirements for non-Department mental health care providers participating in Department of Veterans Affairs Community Care program, and for other purposes.1.Short titleThis Act may be cited as the VA Clinical Training in Evidence-based treatments And Military Culture Act of 2020 or the VA Clinical TEAM Culture Act of 2020.2.Standards and requirements for non-Department mental health care providers participating in Department of Veterans Affairs Community Care program(a)In generalThe Secretary of Veterans Affairs shall establish standards and requirements for the provision of mental health care by non-Department of Veterans Affairs health care providers under the Community Care program of the Department under section 1703 of title 38, United States Code. Such standards shall be the same as the standards and requirements applicable to Department employees who provide such mental health care.(b)Training requirementNot later than the date that is 180 days after the date on which a provider of mental health care becomes an approved provider under the Community Care program of the Department under section 1703 of title 38, United States Code, the Secretary shall require the provider to complete—(1)the basic course described in subsection (c)(1); and(2)each of the four clinical domain courses described in subsection (c)(2).(c)Courses described(1)Basic courseThe course described in this paragraph is—(A)a free, four-module course, made available online, that is developed by the Department of Veterans Affairs about military culture and core competencies for health care professionals; or(B)a successor course or other course the Secretary determines is comparable to the course described in subparagraph (A).(2)Clinical domain coursesThe courses described in this paragraph are free courses, made available online, in each of the following clinical domains:(A)Evaluation and management of suicide.(B)Post-traumatic stress disorder.(C)Traumatic brain injury.(D)Military sexual trauma.(3)Continuing educationEach course described in this subsection shall be designed to meet continuing education requirements for mental health care providers.(d)Additional training(1)Identification of training areasNot later than two years after the date of the enactment of this Act, the Secretary shall identify at least three clinical domains for which the need for care among veterans is high and shall develop training courses in those clinical domains.(2)RequirementNot later than 60 days after the training courses developed pursuant to paragraph (1) are made available, the Secretary shall require all non-Department mental health care providers approved under the Community Care program of the Department under section 1703 of title 38, United States Code, to complete the courses.(e)Annual reportThe Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report on the requirements of this section. Each such report shall include, for the year covered by the report, the number of non-Department mental health care providers who have completed the requirements under this section.


114 HR 1160 IH: Savings Act
U.S. House of Representatives
2015-02-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1160
IN THE HOUSE OF REPRESENTATIVES

February 27, 2015
Mr. Stutzman introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, 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 reduce Federal, State, and local costs of providing high-quality drinking water to millions of people in the United States residing in rural communities by facilitating greater use of cost-effective alternative systems, including well water systems, and for other purposes.

1.Short titleThis Act may be cited as the Water Supply Cost Savings Act or the Savings Act. 2.FindingsCongress finds that—
(1)the United States is facing a drinking water infrastructure funding crisis; (2)the Environmental Protection Agency projects a shortfall of approximately $384,000,000,000 in funding for drinking water infrastructure from 2015 to 2035 and this funding challenge is particularly acute in rural communities in the United States;
(3)there are approximately 52,000 community water systems in the United States, of which nearly 42,000 are small community water systems; (4)the Drinking Water Needs Survey conducted by the Environmental Protection Agency in 2011 placed the shortfall in drinking water infrastructure funding for small communities, which consist of 3,300 or fewer persons, at $64,500,000,000;
(5)small communities often cannot finance the construction and maintenance of drinking water systems because the cost per resident for the investment would be prohibitively expensive; (6)drought conditions have placed significant strains on existing surface water supplies;
(7)many communities across the United States are considering the use of groundwater and community well systems to provide drinking water; and (8)approximately 42,000,000 people in the United States receive drinking water from individual wells and millions more rely on community well systems for drinking water.
3.Sense of CongressIt is the sense of Congress that— (1)the Federal Government lacks the resources to fully finance the drinking water infrastructure needs of millions of residents in rural communities in the United States; and
(2)providing rural communities with the knowledge and resources necessary to fully use alternative drinking water systems, including wells and community well systems, can provide safe and affordable drinking water to millions of people in the United States and help to close the funding gap for taxpayers. 4.Drinking water technology clearinghouseThe Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall—
(1)update existing programs of the Environmental Protection Agency and the Department of Agriculture designed to provide drinking water technical assistance to include information on cost-effective, innovative, and alternative drinking water delivery systems, including systems that are supported by wells; and (2)disseminate information on the cost effectiveness of alternative drinking water delivery systems, including wells and well systems, to communities and not-for-profit organizations seeking Federal funding for drinking water systems serving 500 or fewer persons.
5.Water system assessmentNotwithstanding any other provision of law, in any application for a grant or loan from the Federal Government or a State that is using Federal assistance for a drinking water system serving 500 or fewer persons, a unit of local government or not-for-profit organization shall self-certify that the unit of local government or organization has considered, as an alternative drinking water supply, drinking water delivery systems sourced by publicly owned— (1)individual wells;
(2)shared wells; and (3)community wells.
6.Report to CongressNot later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall provide to Congress a report that describes— (1)the use of innovative and alternative drinking water systems described in this Act;
(2)the range of cost savings for communities using innovative and alternative drinking water systems described in this Act; and (3)the use of drinking water technical assistance programs operated by the Administrator of the Environmental Protection Agency and the Secretary of Agriculture.


116 S4781 IS: Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2020
U.S. Senate
2020-10-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4781IN THE SENATE OF THE UNITED STATESOctober 1, 2020Mr. Schumer (for Ms. Harris  (for herself, Mr. Brown, Ms. Baldwin, Ms. Warren, and Mr. Merkley)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo direct the Occupational Safety and Health Administration to issue an occupational safety and health standard to protect workers from heat-related injuries and illnesses.1.Short title and findings(a)Short titleThis Act may be cited as the Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2020.(b)FindingsCongress finds the following:(1)Excessive heat exposure poses a direct threat to workers and the economy. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. Rising temperatures are projected to cause an increase in heat-related workplace injuries and illnesses, a dramatic loss in labor capacity, and decreased productivity.(2)On average, 3 times as many people die from extreme heat in the United States each year than from hurricanes, floods, and tornadoes combined. (3)Heat-related illnesses can arise when high temperatures rise above the body’s capacity to dispel heat. Impacts range from comparatively minor problems such as heat cramps to severe afflictions such as organ damage, heat exhaustion, stroke, and death. (4)Heat stress and COVID–19 are a combined threat to workers. Respiratory infections, such as COVID–19, and protective equipment, like essential face masks, can increase susceptibility to heat exhaustion and heat stroke. Many of the symptoms of COVID–19 and heat stress may combine to cause acute illness that is especially deadly. (5)Jobs at highest risk of heat stress illness and death are disproportionately held by Black and Brown workers, a disparity that reflects the racial injustice inherent in our economic system. (6)Farmworkers and construction workers suffer the highest incidence of heat illness, but all outdoor and indoor workers employed in excessively hot and humid environments are at significant risk of material impairment of health or functional capacity.(7)Asuncion Valdivia was a California farmworker who died of heat stroke in 2004 after picking grapes for 10 straight hours in 105 degree temperatures. Instead of calling an ambulance, his employer told his son to drive Mr. Valdivia home. On his way home, he started foaming at the mouth and died.(8)People working in excessive heat suffer diminished mental acuity and physical ability, which increases the risk of accidents. Heat-related injuries and illnesses increase workers’ compensation costs and medical expenses.(9)The costs of lower labor productivity under rising temperatures is estimated to reach up to $160,000,000,000 in lost wages per year in the United States by 2090 according to the 2018 National Climate Assessment. The drop in productivity decreases income for employers and workers. Global gross domestic product losses from heat are projected to be greater than 20 percent by the end of this century.(10)Every year, thousands of workers become sick and some die from exposure to heat. Between 1992 and 2017, 815 United States workers died from heat and almost 70,000 were seriously injured. These numbers are generally understood to be gross undercounts because many heat-related illnesses and deaths are blamed on natural causes.(11)Workers have a legal right to a safe workplace. The vast majority of heat-related workplace deaths and illnesses can be prevented by access to water, rest, and shade. Many employers don’t provide these simple measures for workers according to the Occupational Safety and Health Administration.(12)Employers often retaliate against employees if they report or seek assistance due to problems with heat. Many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death.(13)In the absence of a Federal standard, multiple branches of the United States Armed Forces—including the Army, Navy, Marine Corps, and Air Force—have issued heat prevention guidelines, and several States—California, Washington, and Minnesota—have issued heat prevention standards. The National Institute for Occupational Safety and Health (NIOSH) issued criteria for such a standard in 1972, updating it in 1986 and 2016.(14)Congress created the Occupational Safety and Health Administration to ensure safe and healthful working conditions by setting and enforcing standards pursuant to section 6 of the Occupational Safety and Health Act of 1970. Employees are exposed to grave danger from exposure to excessive heat. The Occupational Safety and Health Administration must develop a standard to protect workers from the significant risks of heat-related illness and death.2.OSHA safety standard for exposure to heat and hot environments(a)Proposed standardNot later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), promulgate a proposed standard on prevention of occupational exposure to excessive heat.(b)Final standardNot later than 42 months after the date of enactment of this Act, the Secretary shall promulgate a final standard on prevention of occupational exposure to excessive heat that shall—(1)provide no less protection than the most protective heat prevention standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) and, at a minimum, include the requirements described in section 4; and(2)be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).(c)Interim final standard(1)In generalIf the proposed standard described in subsection (a) is not promulgated not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard on prevention of occupational exposure to excessive heat not later than 2 years and 60 days after such date of enactment—(A)to require covered employers to develop and implement a comprehensive workplace excessive heat prevention plan to protect covered employees from excessive heat that may lead to heat-related injuries and illnesses; and(B)that shall, at a minimum—(i)provide no less protection than the most protective heat prevention standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667);(ii)establish requirements with respect to exposure limits that trigger action to protect covered employees from heat-related illness, hydration, scheduled and paid rest breaks in shaded or climate-controlled spaces, an acclimatization plan, exposure monitoring, and other measures to prevent exposure to heat above safe limits, employee and supervisor training, hazard notification, an emergency medical response plan, heat-related surveillance, recordkeeping, and procedures for compensating piece rate workers for required heat-related rest breaks;(iii)take into consideration the NIOSH Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health in 2016; and(iv)include a requirement to protect employees from discrimination or retaliation for exercising the rights of the employees under the interim final standard.(2)Applicability of other statutory requirementsThe following shall not apply to the promulgation of the interim final standard under this subsection:(A)The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).(B)The requirements of section 553(c) of chapter 5 and chapter 6 of title 5, United States Code.(C)The requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(3)Effective date of interim standardThe interim final standard shall—(A)take effect on a date that is not later than 30 days after the promulgation of such standard, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date;(B)be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and(C)be in effect until the final standard described in subsection (b) becomes effective and enforceable.3.DefinitionsIn this Act:(1)Covered employeeThe term covered employee includes an individual employed by a covered employer.(2)Covered employerThe term covered employer—(A)means an employer that employs an individual to work at a covered workplace; and(B)includes a contractor, subcontractor, a temporary service firm, or an employee leasing entity.(3)Covered workplaceThe term covered workplace includes a workplace with occupational exposure to excessive heat.(4)EmployerThe term employer has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).(5)Excessive heatThe term excessive heat includes outdoor or indoor exposure to heat at levels that exceed the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality (including heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rashes).(6)SecretaryThe term Secretary means the Secretary of Labor.4.Requirements for final standard on prevention of occupational exposure to excessive heat(a)In generalThe final standard promulgated under section 2(b) shall, at a minimum—(1)take into consideration the NIOSH Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health in 2016;(2)establish requirements with respect to exposure limits that trigger action to protect covered employees from heat-related illness, hydration, scheduled and paid rest breaks in shaded or climate-controlled spaces, an acclimatization plan, exposure monitoring, and other measures to prevent exposure to heat above safe limits, employee and supervisor training, hazard notification, medical monitoring, an emergency medical response plan, heat-related surveillance recordkeeping, procedures for compensating piece rate workers for required heat-related rest breaks, and a heat prevention plan; and(3)include the requirements described in subsection (b) with respect to covered employers.(b)RequirementsThe final standard promulgated under section 2(b) shall, with respect to covered employers, include the following:(1)Heat illness prevention plans(A)In generalA covered employer shall develop, implement, and maintain an effective, written excessive heat illness prevention plan for covered employees, which shall—(i)be developed and implemented with the meaningful participation of covered employees and, where applicable, employee representatives and collective bargaining representatives, for all aspects of the plan;(ii)be tailored and specific to hazards in the covered workplace;(iii)be in writing, in English and in the language understood by a majority of the employees, if such language is not English; and(iv)be made available, upon request, to such employees, the employee representatives for such employees, and the Secretary.(B)Plan contentEach plan required under subparagraph (A) shall include procedures and methods for the following:(i)Initial and regular monitoring of employee exposure to determine whether employees are exposed to excessive heat.(ii)Provision of water, paid rest breaks, and access to shade or cool-down areas.(iii)Emergency response.(iv)Acclimatization.(v)Hazard prevention, including engineering controls, administrative controls, or personal protective equipment to correct, in a timely manner, applying industrial hygiene principles of the hierarchy of controls, including, as appropriate—(I)engineering controls that may include isolation of hot processes, isolation of employees from sources of heat, local exhaust ventilation, shielding from a radiant heat source, and insulation of hot surfaces, the provision of air conditioning, cooling fans, cooling mist fans, evaporative coolers, and natural ventilation;(II)administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, which may include acclimatizing employees, rotating employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and(III)personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests.(vi)Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have employees who work at the covered workplace.(vii)Compensating piece rate workers for required heat-related rest breaks.(2)Training and education(A)Employee TrainingA covered employer shall provide annual training and education to covered employees who may be exposed to high heat levels, which shall cover the following topics:(i)Identified heat illness risk factors.(ii)Personal factors that may increase susceptibility to heat-related illness.(iii)Signs and symptoms of heat-related illness.(iv)Different types of heat illness.(v)The importance of acclimatization and consumption of liquids.(vi)Engineering control measures.(vii)Administrative control measures.(viii)The importance of reporting heat-related symptoms being experienced by the employee or another employee.(ix)Recordkeeping requirements and reporting procedures.(x)Emergency response procedures.(xi)Employee rights.(B)Supervisor TrainingIn addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees who are supervisors that shall cover the following topics: (i)The procedures a supervisor is required to follow under this Act.(ii)How to recognize high-risk situations, including how to monitor weather reports and weather advisories, and not assigning an employee to situations that predictably compromise the safety of the employee.(iii)The procedures to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures.(C)General training requirementsThe education and training provided under this paragraph to covered employees shall meet the following:(i)In the case of such an employee whose job circumstances have changed, within a reasonable timeframe after such change of job circumstances, education and training shall be provided that shall be—(I)in addition to the education and training provided under clause (ii), subparagraph (A), and, if applicable to such employee, subparagraph (B); and(II)applicable to such change of job circumstances.(ii)Applicable education and training shall be provided for each new covered employee prior to the employee’s job assignment.(iii)The education and training shall provide such employees opportunities to ask questions, give feedback, and request additional instruction, clarification, or other follow-up.(iv)The education and training shall be provided in-person and by an individual with knowledge of heat illness prevention and of the plan of the employer under this section.(v)The education and training shall be appropriate in content and vocabulary to the language, educational level, and literacy of such covered employees.(3)RecordkeepingEach covered employer shall—(A)maintain at all times—(i)records related to each plan of the employer under paragraph (1), including heat illness risk and hazard assessments, and identification, evaluation, correction, and training procedures;(ii)data on all heat-related illnesses and deaths; and(iii)data on environmental and physiological measurements related to heat; and(B)make such records and data available, upon request, to covered employees and their representatives for examination and copying in accordance with section 1910.1020 of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act).(4)Whistleblower protections(A)PolicyEach covered employer shall adopt a policy prohibiting any person (including an agent of the employer) from discriminating or retaliating against any employee for—(i)exercising the rights of the employee under this Act; or(ii)reporting violations of the standard to any local, State, or Federal government.(B)ProhibitionNo covered employer shall discriminate or retaliate against any employee for—(i)reporting a heat-illness-related concern to, or seeking assistance or intervention with respect to heat-related health symptoms from, the employer, local emergency services, or a local, State, or Federal government; or(ii)exercising any other rights of the employee under this Act.(C)EnforcementThis paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).


116 HR 521 IH: Permanently Repeal the Estate Tax Act of 2019
U.S. House of Representatives
2019-01-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 521IN THE HOUSE OF REPRESENTATIVESJanuary 11, 2019Mr. Latta (for himself, Mr. Long, Mr. Gosar, Mr. Hice of Georgia, Mr. DesJarlais, Mr. LaMalfa, Mr. Gibbs, Mr. King of Iowa, and Mr. Arrington) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to repeal the estate tax and retain stepped-up basis at
			 death.

 1.Short titleThis Act may be cited as the Permanently Repeal the Estate Tax Act of 2019. 2.Repeal of estate tax and retention of basis step-upEffective for estates of decedents dying after December 31, 2018, chapter 11 of the Internal Revenue Code of 1986 is repealed.


115 HRES 284 IH: Expressing support for honoring Earth Day, and for other purposes.
U.S. House of Representatives
2017-04-26
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.

IV115th CONGRESS1st SessionH. RES. 284IN THE HOUSE OF REPRESENTATIVESApril 26, 2017Mr. McEachin (for himself, Mr. Grijalva, Mr. Pallone, Ms. Jayapal, Ms. Barragán, Mr. Blumenauer, Mr. Huffman, Ms. Castor of Florida, Mr. Beyer, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown of Maryland, Mr. Butterfield, Mr. Carbajal, Mr. Clay, Mr. Connolly, Mr. Conyers, Mrs. Dingell, Mr. Evans, Ms. Fudge, Mr. Gallego, Ms. Hanabusa, Mr. Hastings, Ms. Jackson Lee, Mr. Jeffries, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Krishnamoorthi, Ms. Lee, Mr. Lewis of Georgia, Mr. Ted Lieu of California, Mr. Lipinski, Mr. Ben Ray Luján of New Mexico, Ms. McCollum, Mr. Moulton, Mrs. Murphy of Florida, Mr. Nadler, Mr. Norcross, Ms. Norton, Mr. Payne, Mr. Pocan, Mr. Raskin, Mr. Sablan, Mr. Thompson of California, Ms. Tsongas, Mr. Tonko, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms. Velázquez, and Ms. Wilson of Florida) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedRESOLUTIONExpressing support for honoring Earth Day, and for other purposes.
Whereas Earth Day was first celebrated on April 22, 1970; Whereas the late Senator Gaylord Nelson, the founder of Earth Day, called on the people of the United States to hold elected officials accountable for failing to adequately protect the health of people and the natural environment;
Whereas after witnessing years of environmental neglect, millions of Americans of all ages, walks of life, and political affiliations gathered in cities across the Nation on the first Earth Day to demand basic protections for our planet and to commit to leaving behind a healthier world for the next generation; Whereas Earth Day united people who had been fighting against oil spills, polluting factories and power plants, raw sewage and toxic dumps, the loss of wildlife, and other environmental ills;
Whereas that work continues today; Whereas Earth Day is an annual event created to promote environmental citizenship and action year-round;
Whereas the first celebration of Earth Day was the largest environmental grassroots event ever held at that time and is widely credited with launching the modern environmental movement; Whereas the voices of inaugural Earth Day participants galvanized an unparalleled period of legislative and grassroots activity that changed the way we interact with the environment, leading to the creation of the Environmental Protection Agency, and passage of legislation such as the Clean Water Act, the Clean Air Act, and the Endangered Species Act;
Whereas by 1990, Earth Day was celebrated globally, with 200,000,000 people in 141 countries participating in Earth Day events; Whereas Earth Day encourages environmental activism around the world, and reminds people to find ways to protect the environment, including managing their own environmental impact;
Whereas on Earth Day, people engage in projects, initiatives, and campaigns to protect and restore the planet including planting trees, removing litter, cleaning up coral reefs, conserving water and energy, and other environmentally responsible actions; Whereas new and continuing challenges, including climate change, polluted oceans and waterways, loss of forest, wetlands, and other wildlife habitats, reinforce the need for adequate protections for the air we breathe, the water we drink, the land we inhabit, and the animals we live alongside;
Whereas the American Public Health Association declared 2017 the year of climate change and health, because changes to our climate are harming Americans health and safety, including respiratory allergies and asthma; Whereas Earth Day reaffirms our national responsibility in the global effort to combat climate change and protect our planet;
Whereas Earth Day reminds us of the need to expand environmental and climate literacy not only to strengthen environmental and climate protections but also to accelerate development of green technologies and creation of green jobs; and Whereas Earth Day reminds us we must not pass a world beyond repair to our children: Now, therefore, be it
That the House of Representatives— (1)urges the President to issue a proclamation recognizing Earth Day, consistent with the practice of the previous administration;
(2)encourages the American people to mark Earth Day by working to address environmental challenges large and small, from climate change to litter; to educate their friends, neighbors, and elected representatives about the need for year-round action; and to otherwise honor the stewardship ethic for which Senator Gaylord Nelson stood; and (3)urges governments and peoples around the world to continue building upon the Paris Agreement and other efforts to ensure that future generations inherit a livable, sustainable, and ecologically rich planet Earth.


		III
		110th CONGRESS
		2d Session
		S. RES. 506
		IN THE SENATE OF THE UNITED STATES

			April 8, 2008
			Mr. Nelson of Nebraska
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Relations

		RESOLUTION
		Expressing the sense of the Senate that
		  funding provided by the United States to the Government of Iraq in the future
		  for reconstruction and training for security forces be provided as a loan to
		  the Government of Iraq.

		Whereas the United States has been engaged in Iraq for
			 more than 5 years at a great cost to the United States in both lives and
			 resources;
		Whereas March 19, 2008, marked the fifth anniversary of
			 the engagement of the United States in Iraq;
		Whereas the United States Government has spent
			 $600,000,000,000 to fight the war in Iraq and that expenditure has contributed
			 greatly to the Nation’s debt;
		Whereas taxpayers in the United States have provided
			 $45,000,000,000 in funding for reconstruction to the country and the Government
			 of Iraq;
		Whereas world oil prices have reached more than $100 a
			 barrel;
		Whereas consumers in the United States are paying record
			 gas prices of approximately $3.29 a gallon;
		Whereas, when the war began, Deputy Secretary of Defense
			 Paul Wolfowitz said, We’re dealing with a country that can really
			 finance its own reconstruction, and relatively soon.;
		Whereas, due to high oil prices and expanded oil
			 production, it has been predicted that the Government of Iraq is likely to
			 experience an enormous revenue windfall;
		Whereas, in January 2008, the Government Accountability
			 Office issued a report stating that, according to Iraq’s official expenditure
			 reports, the Government of Iraq had spent only 4.4 percent of its
			 $10,100,000,000 investment budget as of August 2007;
		Whereas Iraq has not made satisfactory progress toward
			 achieving the political benchmarks established by Congress; and
		Whereas the Government of Iraq needs to invest in the
			 future of Iraq by paying a larger share of the costs of reconstruction: Now,
			 therefore, be it

		That it is the sense of the Senate
			 that any funding provided by the United States to the Government of Iraq for
			 reconstruction and training for security forces after the date on which the
			 Senate agrees to this resolution be provided as a loan to the Government of
			 Iraq.


115 S2044 IS: Lori Jackson Domestic Violence Survivor Protection Act
U.S. Senate
2017-10-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 2044IN THE SENATE OF THE UNITED STATESOctober 31, 2017Mr. Blumenthal (for himself, Mr. Murphy, Mr. Reed, Ms. Hirono, Mr. Markey, Mr. Durbin, Mrs. Gillibrand, Ms. Baldwin, Mrs. Murray, Ms. Warren, Ms. Duckworth, Mr. Brown, Mrs. Shaheen, Ms. Harris, Mr. Booker, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to protect more victims of domestic violence by preventing
			 their abusers from possessing or receiving firearms, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Lori Jackson Domestic Violence Survivor Protection Act.
		2.Definitions of
			 intimate partner and misdemeanor crime of domestic
 violence expandedSection 921(a) of title 18, United States Code, is amended—
 (1)in paragraph (32)—
 (A)by striking and an individual and inserting an individual; and
 (B)by inserting , or a dating partner (as defined in section 2266) or former dating partner before the period at the end; and
 (2)in paragraph (33)(A)(ii)— (A)by striking or by and inserting by; and
 (B)by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period at the end.
				3.Unlawful sale of
 firearm to a person subject to court orderSection 922(d)(8) of title 18, United States Code, is amended to read as follows:

 (8)is subject to a court order described in subsection (g)(8); or.
		4.List of persons
			 subject to a restraining or similar order prohibited from possessing or
 receiving a firearm expandedSection 922(g)(8) of title 18, United States Code, is amended—
 (1)in the matter preceding subparagraph (A), by striking that; (2)by striking subparagraphs (A) and (B) and inserting the following:

 (A)(i)that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or
 (ii)in the case of an ex parte order, relating to which notice and opportunity to be heard are provided—
 (I)within the time required by State, tribal, or territorial law; and
 (II)in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;
 (B)that restrains such person from— (i)harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or
 (ii)intimidating or dissuading a witness from testifying in court; and; and

 (3)in subparagraph (C)— (A)by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B);
 (B)in clause (i), by inserting that before includes; and (C)in clause (ii), by inserting that before by its.


110 HR 3609 IH: Emergency Home Ownership and Mortgage

U.S. House of Representatives
2007-09-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3609
		IN THE HOUSE OF REPRESENTATIVES

			September 20, 2007
			Mr. Miller of North
			 Carolina (for himself, Ms. Linda T.
			 Sánchez of California, Mr. Frank of
			 Massachusetts, Mrs. Maloney of New
			 York, and Mr. Watt)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 11 of the United States Code with respect
		  to modification of certain mortgages on principal residences, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Emergency Home Ownership and Mortgage
			 Equity Protection Act of 2007.
		2.Determination of
			 secured statusSection 506(b)
			 of title 11, the United States Code, is amended by adding at the end the
			 following:

				While a
				case is pending, no fee, costs, or charges may be added to a debt that is
				provided for in a chapter 13 plan and is secured by the debtor's principal
				residence unless the holder of the secured claim gives timely notice of such
				fee, costs, or charge to the debtor and to the
				trustee..
		3.Limitation of 1978
			 exemption that prevents Federal bankruptcy courts from making modifications to
			 the terms of a mortgage on a debtor’s principal residenceSection 1322(b)(2) of title 11, United
			 States Code, is amended by striking , other than a claim secured only by
			 a security interest in real property that is the debtor’s principal
			 residence,.
		4.Modification of
			 claims secured by debtor’s principal residence
			(a)Contents of
			 planSection 1322(b) of title 11, the United States Code, is
			 amended—
				(1)in paragraph (10)
			 by striking and at the end,
				(2)by redesignating
			 paragraph (11) as paragraph (12), and
				(3)by inserting after
			 paragraph (10) the following:

						(11)provide for payment of allowed claims
				secured by the debtor’s principal residence consistent with section 1325(a)(5),
				over a period exceeding the period permitted under section 1322(d);
				and
						.
				(b)Confirmation of
			 planSection 1325(b)(5) of
			 title 11, the United States Code, is amended by inserting except as
			 otherwise provided in section 1322(b), after (5).
			5.Elimination of
			 credit counseling requirement for chapter 13 debtors facing
			 foreclosureSection 109(h) of
			 title 11, United States Code, is amended by adding at the end the
			 following:

				(5)The requirements of paragraph (1) shall not
				apply with respect to a debtor in a case under chapter 13 who submits to the
				court a certification that the holder of a claim secured by the debtor’s
				principal residence has initiated a judicial or non-judicial foreclosure on the
				debtor’s principal
				residence.
				.
		6.Confirmation of
			 planSection 1325(a) of title
			 11, the United States Code, is amended—
			(1)in paragraph (8)
			 by striking and at the end,
			(2)in paragraph (9)
			 by striking the period at the end and inserting ; and,
			 and
			(3)by inserting after paragraph (9) the
			 following:

					(10)notwithstanding paragraph (5)(B)(i)(I), the
				holder of a claim that is paid pursuant to section 1322(b)(11) shall retain the
				lien securing such claim until payment of such
				claim.
					.
			7.DischargeSection 1328 of title 11, the United States
			 Code, is amended—
			(1)in subsection
			 (a)—
				(A)by inserting
			 (other than payments to holders of allowed claims provided for under
			 section 1322(b)(11) after paid the 1st place it appears,
			 and
				(B)in paragraph (1)
			 by inserting or 1322(b)(11) after 1322(b)(5),
			 and
				(2)in subsection (c)(1) by inserting or
			 1322(b)(11) after 1322(b)(5).