116 S1266 IS: Protecting Patients from Surprise Medical Bills Act
U.S. Senate
2019-05-01
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 CONGRESS1st SessionS. 1266IN THE SENATE OF THE UNITED STATESMay 1, 2019Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Employee Retirement Income Security Act of 1974 to protect patients from surprise
			 medical bills.

 1.Short titleThis Act may be cited as the Protecting Patients from Surprise Medical Bills Act.
 2.Prohibition on surprise medical billingSubpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following:

				716.Prohibition on surprise medical billing
 (a)DefinitionsIn this section: (1)Balance billThe term balance bill means the collection or attempted collection from a participant or beneficiary of any amount in excess of the applicable copayments, coinsurance, or deductible for services covered under the participant or beneficiary’s group health plan.
 (2)Emergency medical conditionThe term emergency medical condition means the condition described in section 2719A(b)(2)(A) of the Public Health Service Act. (3)Emergency servicesThe term emergency services means the services described in section 2719A(b)(2)(B) of the Public Health Service Act.
 (4)Emergency services providerThe term emergency services provider means a facility or facility-based provider that bills a participant or beneficiary for emergency services.
 (5)FacilityThe term facility means an entity providing health care services, as licensed or authorized by a State. (6)Facility-based providerThe term facility-based provider means a physician, health care professional, or entity that has entered into an agreement with a facility to provide health care services to patients of that facility.
						(b)Emergency services
 (1)Prohibition on balance billingA self-insured group health plan shall be solely liable for making payments to an emergency services provider for emergency services covered under the plan that are provided to a participant or beneficiary, and such participant or beneficiary shall not be liable to the emergency services provider for any amount for such services other than the applicable copayment, coinsurance, or deductible amount required under the plan for covered emergency services. Emergency service providers shall not balance bill a participant or beneficiary under a self-insured group health plan for any covered emergency services provided to such participant or beneficiary.
 (2)Cost sharing limitation and prior authorizationIf a self-insured group health plan provides coverage for any benefits with respect to emergency services, such coverage shall be in accordance with the provisions of section 2719A(b) of the Public Health Service Act and—
 (A)if such services are provided by an out-of-network provider, the cost-sharing requirements (including any deductible amount and the out-of-pocket limit) applicable to such services shall be the same as the cost-sharing requirement that would apply if such services were provided by an in-network provider;
 (B)prior authorization shall not be required for pre-hospital transport or treatment; and (C)payment by the plan shall be made directly to the emergency services provider.
 (c)Covered non-Emergency servicesFacility-based providers shall not balance bill a patient for covered non-emergency services if the services are provided at an in-network facility and the participant or beneficiary did not have the ability or opportunity to select to receive such services from an in-network provider.
 (d)Reimbursements for out-of-Network paymentsA self-insured group health plan shall reimburse a health care provider for out-of-network emergency and non-emergency services described in subsections (b) and (c) based on one of the following payment methodologies:
 (1)The amount of the claim made by the provider for such services. (2)The usual and customary amount charged by the provider for similar services in the community where the services were provided.
 (3)The amount mutually agreed to by the plan and the provider during the 60-day period after the date on which the claim is submitted.
						(e)Voluntary binding arbitration
 (1)In generalIf a self-insured group health plan and health care provider are unable to resolve a dispute with respect to billing for services described in subsection (b) or (c), such provider may voluntarily initiate binding arbitration with such plan under this subsection. The Secretary shall establish by rule methods of aggregation for claim disputes submitted to voluntary binding arbitration under this subsection.
						(2)Arbitration organizations
 (A)In generalThe Secretary shall enter into contracts with outside organizations to conduct timely, voluntary binding arbitration proceedings under this subsection. To be eligible for such a contract, an organization shall have at least 5 years of experience serving as a neutral party in complex dispute resolution proceedings.
 (B)LimitationAn organization shall not be eligible to enter into a contract under subparagraph (A) if the organization has been employed by, consulted for, or otherwise had a business relationship (other than the receipt of arbitration fees) with a health plan, health insurance issuer, facility, or health care professional during the 3-year period immediately preceding the effective date of the contract with the Secretary or during the term of such contract.
 (C)ArbitratorAn arbitrator may not be assigned by an organization to resolve a dispute under this paragraph if the arbitrator has been employed by, consulted for, or otherwise had a business relationship (other than the receipt of arbitration fees) with a health plan, health insurance issuer, facility, or health care professional during the 3-year period immediately preceding the request for arbitration.
 (3)EligibilityTo be eligible for voluntary binding arbitration under this subsection the claim involved shall— (A)in the case of a claim relating to facility health care services, be not less than $3,000; and
 (B)in the case of a claim relating to professional services, be not less than $500. Such amounts shall be adjusted by the Secretary each year by the percentage increase in the consumer price index.(4)ProceduresThe following procedures shall apply during a voluntary arbitration proceeding under this subsection:
 (A)The plan or provider involved may make an offer to settle the disputed claim. The party to whom such an offer is directed shall respond to such offer within 15 days after receipt of the offer.
 (B)If the party receiving an offer to settle under paragraph (A) does not accept such offer, and the arbitrator issues a final order with respect to the disputed claim that is more than 90 percent or less than 110 percent of the offer amount, the party receiving the offer is deemed a non-prevailing party for purpose of paragraph (5).
 (C)A final order under this paragraph is subject to judicial review under this Act. (D)All parties to a dispute that is subject to arbitration under this subsection may agree to settle claim at any time, for any amount, regardless of whether an offer to settle was made or rejected.
							(5)Review costs
 (A)In generalThe entity that does not prevail under an arbitrator’s final order under voluntary binding arbitration under this subsection shall pay the review costs.
 (B)Apportionment of costsIn the case that both parties to voluntary binding arbitration under this subsection prevail in part, the review costs shall be apportioned among the parties in proportion to the final judgment. The apportionment shall be based on the disputed claim amount.
 (C)Failure to payIf a party to voluntary binding arbitration under this subsection fails to pay any amount of the ordered review costs within 35 days after the arbitrator’s final order, the party shall be subject to a penalty of $500 for each day that such amount is not paid.
 (f)Network transparencyA self-insured group health plan shall— (1)not later than 1 year after the date of enactment of this section, publish on their Internet website a list of network providers, and update such list on a monthly basis; and
 (2)not later than 1 year after the date of enactment of this section, and annually thereafter, provide an annual notification to participants and beneficiaries concerning the potential for balance billing when using out-of-network providers..


114 S1368 IS: Special Inspector General for Monitoring the ACA Act of 2015
U.S. Senate
2015-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1368IN THE SENATE OF THE UNITED STATESMay 19, 2015Mr. Roberts (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish the Office of the Special Inspector General for Monitoring the Affordable Care Act,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Special Inspector General for Monitoring the ACA Act of 2015 or the SIGMA Act of 2015. 2.FindingsThe Congress finds the following:
 (1)The writing, passage, and implementation of the Affordable Care Act has utterly lacked transparency.
 (2)Presidential candidate Barack Obama repeatedly promised that if elected President, he would hold open, public negotiations on health care reform among public and private stakeholders, including at a Democratic Presidential debate on January 31, 2008, when he said, That’s what I will do in bringing all parties together, not negotiating behind closed doors, but bringing all parties together, and broadcasting those negotiations on C–SPAN so that the American people can see what the choices are, because part of what we have to do is enlist the American people in this process..
 (3)Then-Senator Obama repeated this promise multiple times, including at an Ohio town hall on March 1, 2008, when he said, But here’s the thing: we’re gonna do all these negotiations on C–SPAN. So the American people will be able to watch these negotiations..
 (4)Then-Senator Obama also repeated this promise at a Virginia town hall on August 21, 2008, when he said, I’m going to have all the negotiations around a big table. We’ll have doctors and nurses and hospital administrators. Insurance companies, drug companies—they’ll get a seat at the table … But what we will do is, we’ll have the negotiations televised on C–SPAN, so that people can see who is making arguments on behalf of their constituents, and who are making arguments on behalf of the drug companies or the insurance companies. And so, that approach, I think is what is going to allow people to stay involved in this process..
 (5)In a September 26, 2011, interview, Brian Lamb, the CEO of C–SPAN confirmed the negotiations of the health reform law had not been broadcast publicly, noting, The President said that they were all going to be on C–SPAN. He never asked us..
 (6)President Obama, in leading the national health reform debate, broke his promise, admitting in a January 25, 2010, interview with ABC News that locking the public out of key health reform discussions was a mistake and explaining, We had to make so many decisions quickly in a very difficult set of circumstances that after awhile, we started worrying more about getting the policy right than getting the process right. But I had campaigned on process—part of what I had campaigned on was changing how Washington works, opening up, transparency and I think it is—I think the health care debate as it unfolded legitimately raised concerns not just among my opponents, but also amongst supporters that we just don’t know what’s going on. And it’s an ugly process and it looks like there are a bunch of backroom deals..
 (7)On March 9, 2010, then-Speaker of the House Nancy Pelosi said of what would become the Affordable Care Act, We have to pass the bill so that you can find out what is in it..
 (8)Dr. Jonathan Gruber, a professor of economics at the Massachusetts Institute of Technology, was awarded a contract by the Department of Health and Human Services to provide technical assistance in evaluating options for national healthcare reform due to his proprietary statistically sophisticated micro-simulation model which could assess the impact of changes in Federal health care policies.
 (9)Dr. Gruber described himself as a health reform architect who contributed to the crafting of the Affordable Care Act in a 2012 opinion editorial, noting, Several of the architects of Massachusetts reform, including myself, worked closely with the Administration and Congress to translate the lessons from Massachusetts onto the national stage..
 (10)Dr. Gruber’s MIT biography has described him as a key architect of the Massachusetts health reform effort and a 2009 and 2010 technical consultant who worked with both the Administration and Congress to help craft the Patient Protection and Affordable Care Act..
 (11)An October 11, 2011, report by NBC News described White House visitor logs that show Dr. Gruber had at least five meetings at the White House in 2009 in the lead up to the passage of the Affordable Care Act, including a meeting in the Oval Office with President Obama to evaluate options for national health reform.
 (12)In a video posted April 12, 2012, by the Obama Presidential campaign to YouTube, Dr. Gruber states that he went down to Washington to help President Obama develop his national version of that law..
 (13)A March 28, 2012, article in the New York Times reports that After Mr. Gruber helped the administration put together the basic principles of the proposal, the White House lent him to Capitol Hill to help congressional staff members draft the specifics of the legislation..
 (14)In a January 18, 2012, lecture on the structure of the Affordable Care Act, Dr. Gruber refers to the law’s small business tax credits as a portion of the bill that he actually wrote..
 (15)Dr. Gruber’s initial contract with the Department of Health and Human Services (HHS) was for $297,000, and later a Federal grant of $95,000 brought his total Federal compensation for work on the Affordable Care Act to at least $392,000.
 (16)In 2009, the White House annual report to Congress on Presidential staff salaries lists that twenty-two White House staffers made the highest Presidential staff salary rate of $172,200, including the White House Chief of Staff, senior advisers, White House Counsel, and National Security Adviser.
 (17)In 2010, the White House annual report to Congress on Presidential staff salaries lists that twenty-three White House staffers made the highest Presidential staff salary rate of $172,200, again including the President’s top management, policy, communications, and security advisers.
 (18)In 2009 and 2010, each of President Obama’s most senior White House staff received less compensation than Dr. Gruber.
 (19)In a November 5, 2012, speech at the University of Rhode Island, Dr. Gruber described the mechanism of the Affordable Care Act, stating, It’s a very clever, you know, basic exploitation of the lack of economic understanding of the American voter..
 (20)At an October 17, 2013, panel at the University of Pennsylvania, Dr. Gruber described the Affordable Care Act, stating, This bill was written in a tortured way to make sure CBO did not score the mandate as taxes. If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that..
 (21)In the same speech, Dr. Gruber stated that, if you had a law which said that healthy people are going to pay in you made explicit healthy people pay in and sick people get money, it would not have passed..
 (22)Dr. Gruber went on to claim, Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really, really critical for the thing to pass..
 (23)Since the passage of the Affordable Care Act, President Obama called for a new, more transparent approach to the health reform law moving forward, saying in a January 25, 2010, ABC News interview, The process didn’t run the way I ideally would like it to and that we have to move forward in a way that recaptures that sense of opening things up more..
 (24)The Obama Administration’s implementation of the Affordable Care Act has been marked by Executive overreach.
 (25)On at least 28 occasions, President Obama and his administration have unilaterally delayed, extended, or changed provisions of the Affordable Care Act, including in contravention of the law and the Constitution of the United States.
 (26)Section 1513 of the Patient Protection and Affordable Care Act (26 U.S.C. 4980h note) requires applicable large employers with more than 50 full-time employees to provide qualifying health insurance to their employees or pay a fine, and the effective date under such section specified the amendments made by such section applied to months beginning after December 31, 2013.
 (27)Contrary to the plain meaning of the statutory requirement, and acting without authority provided by law, the Internal Revenue Service published in the Federal Register Notice 2013–45 to change the effective date of the employer mandate requirement, stating, Section 1513(d) of the Affordable Care Act provides that section 4980H applies to months after December 31, 2013; however Notice 2013–45, issued on July 9, 2013, provides as transition relief that no assessable payments under section 4980H will apply for 2014..
 (28)On July 12, 2013, the Director for the Center for Consumer Information and Insurance Oversight at the Centers for Medicare & Medicaid Services denied the request for exemption from certain Affordable Care Act requirements made by representatives of the United States territories, writing to the Secretary of Commerce for the Commonwealth of the Northern Mariana Islands, However meritorious your request might be, [the Department of Health and Human Services] is not authorized to choose which provisions [of the Affordable Care Act] … might apply to the territories..
 (29)A year later, on July 16, 2014, the Administrator of the Centers for Medicare & Medicaid Services notified representatives of the United States territories that they would in fact receive an exemption from requirements under the Affordable Care Act, despite the previous explanation from CMS that CMS does not have the legal authority to provide such an exemption. As the CMS Administrator now rationalized, Currently, the Department uses the existing Public Health Service Act (PHS Act) definition of State for new PHS Act requirements and funding opportunities included in title I of the Affordable Care Act. Under this definition, the new market reforms in the PHS Act apply to the territories. We have been informed by representatives of the territories that this interpretation is undermining the stability of the territories’ health insurance markets. After a careful review of this situation and the relevant statutory language, HHS has determined that the new provisions of the PHS Act enacted in title I are appropriately governed by the definition of State set forth in that title, and therefore that these new provisions do not apply to the territories..
 (30)The Obama Administration has claimed that the Affordable Care Act will save money and improve the economy, with WhiteHouse.gov stating, In keeping with the President’s pledge that reform must fix our health care system without adding to the deficit, the Affordable Care Act reduces the deficit, saving over $200 billion over 10 years and more than $1 trillion in the second decade. The law reduces health care costs … [and] is improving our economic competitiveness[.].
 (31)$70.2 billion of the White House’s estimated savings was to come from the Community Living Assistance Services and Supports (CLASS) Act provisions of the Affordable Care Act, a program that was deemed actuarially unsound and never implemented by the Obama Administration.
 (32)An April 2010 report from the Office of the Actuary for the Centers for Medicare & Medicaid Services describes that additional savings under the Affordable Care Act were to be paid for with Medicare Fee-for-Service and Medicare Advantage cuts and reductions in payments to hospitals, skilled nursing facilities, and home health centers. These cuts have been delayed and may never materialize. Even if implemented, the projected savings may never accrue as the CMS Actuary’s report concludes that such cuts will cause about 15 percent of hospitals and post-acute care facilities like nursing homes to go out of business.
 (33)$52 billion in deficit reduction savings was projected to come from employer penalties paid to the Government for failure to comply with the employer mandate requirement to provide employees health insurance, a requirement that the Obama Administration has repeatedly delayed and modified, causing penalties and associated savings to not accrue.
 (34)Initial estimates of savings under the Affordable Care Act projected at least $15.5 billion in savings over the next decade attributable to Medicare cuts through the Independent Payment Advisory Board, which has not yet been appointed and through which no cuts or savings have been realized.
 (35)On September 9, 2009, President Obama pledged to a joint session of Congress, I will not sign a [health care reform] plan that adds one dime to our deficits—either now or in the future..
 (36)The Congressional Budget Office estimated in February 2014 that health insurance subsidies under the Affordable Care Act would cost the Federal Government $47 billion in fiscal year 2015 and $1.197 trillion over fiscal years 2015–2024.
 (37)The Committees on Finance and Health, Education, Labor, and Pensions of the Senate estimated in September 2014 that the Affordable Care Act will add at least $340 billion to Federal budget deficits.
 (38)Dr. Gruber stated, The [Affordable Care Act] isn’t designed to save money.. (39)On at least 37 occasions, President Obama or a top official in the executive branch repeated the promise that If you like the [health insurance] plan you have, you can keep it. If you like the doctor you have, you can keep your doctor..
 (40)The Associated Press calculated at least 4.7 million Americans had their health insurance cancelled for 2014 and later, when the President issued a last-minute fix to try to prevent these cancellations as required by the Affordable Care Act, the changes came too late for approximately 2.4 million Americans to keep the plans they had and liked.
 (41)The nonpartisan, fact-checking publication Politifact rated If you like your health care plan, you can keep it. as the Lie of the Year for 2013. (42)Then-Presidential candidate Barack Obama repeatedly promised that, if elected President, his national health care reforms would, cut the cost of a typical family’s premium by up to $2,500 a year..
 (43)A November 2013 analysis by the Manhattan Institute calculates that the Affordable Care Act would increase individual marketplace health insurance premiums by 41 percent nationwide between 2013 and 2014.
 (44)A December 2013 study by Health Pocket, Inc., found that the average individual deductible for a Bronze plan was $5,081 a year, a 42-percent increase from the average plan purchased by an individual in 2013.
 (45)A February 2013 study by Health Pocket Inc., found that exchange plans under the Affordable Care Act averaged a 34-percent increase in drug-cost sharing compared to copayment and coinsurance rates in the pre-Affordable Care Act market. For the sickest patients needing specialty drugs, the study found copayments increased by 226 percent under a Bronze plan via the Affordable Care Act.
 (46)A December 2013 study by McKinsey and Company found that insurers offered almost three times as many narrow or ultranarrow network plans in 2014 compared to 2013. Fully 70 percent of Affordable Care Act plans analyzed had narrow or ultranarrow network coverage, meaning coverage for fewer doctors and hospitals than plans sold on the individual market before the law took effect.
 (47)Details consumers require to make informed decisions about their health care plan coverage under the Affordable Care Act have been withheld or lacked transparency.
 (48)On September 26, 2013, President Obama said, It will say clearly what each plan covers, what each plan costs. The price will be right there. It will be fully transparent … And so if you’ve ever tried to buy insurance on your own, I promise you this is a lot easier. It’s like booking a hotel or a plane ticket..
 (49)HealthCare.gov was established as the website to implement the Federal exchange portion of the Act at a cost of as much as $840 million, including more than $150 million in cost overruns, according to the Government Accountability Office in March 2014.
 (50)On October 1, 2013, HealthCare.gov launched without adequate security testing, leaving the approximately 250,000 unique users it drew not only vulnerable to identity theft by hackers, but unable to even use the site, as the website was demonstrably unable to handle even 1,100 simultaneous users.
 (51)For the subsequent months after its launch, HealthCare.gov continued to be plagued by crippling malfunctions, and the dismal performance of the website led only to problems and frustration for millions of Americans.
 (52)A June 2013 study by the Department of Health and Human Services’ Office of Inspector General revealed that software designed by a principal HealthCare.gov vendor was highly insecure and put the information of more than 6 million Medicare beneficiaries at greater risk from malware, inappropriate access or theft.
 (53)An April 2014 study by Avalere Health determined that 38 percent of health insurance plans offered on the exchanges under the Affordable Care Act had no information about drug coverage available. Avalere also found that nearly 1 in 4 plans offered insufficient information on which doctors and hospitals are covered.
 (54)In September 2014, the Administrator of the Centers for Medicare and Medicaid Services reported to Congress that 7.3 million Americans had enrolled in plans through exchanges under the Affordable Care Act, meeting enrollment targets estimated by the Congressional Budget Office and held as a goal by the Obama Administration.
 (55)Four months later, HHS Secretary Burwell stated that this enrollment data was a mistake that included some 400,000 dental insurance enrollments, the inclusion of which allowed the administration to claim for months that the Affordable Care Act was performing as anticipated which was not in fact a true or accurate representation of the data they had, but would not release to the public.
 (56)Since implementation of the ACA began, the HHS Secretary has granted over $1 billion in Federal taxpayer dollars to States to help build websites for their own State-based exchanges, yet development and usability issues on short timelines repeatedly caused these same States to seek different options for the 2015 open enrollment period, including opting to revert to enrolling via the Federal HealthCare.gov website.
 (57)The Affordable Care Act provides opportunities for fraud within subsidy and tax credit issuance. (58)A September 2013 report by the Treasury Inspector General for Tax Administration concluded that, the IRS’s existing fraud detection system may not be capable of identifying ACA refund fraud or schemes prior to the issuance of tax return refunds..
 (59)A July 2014 undercover study by the Government Accountability Office determined that fictitious applicants were able to obtain health insurance coverage and taxpayer-funded subsidies on the Federal exchanges using falsified documents in 11 out of 12 cases.
 (60)The Affordable Care Act has had a negative impact on the American economy. (61)A February 2014 calculation by the Congressional Budget Office found the Affordable Care Act will significantly harm the American economy, reducing the number of hours worked by millions of full-time employees worth of hours. The CBO study noted, The reduction in CBO’s projections of hours worked represents a decline in the number of full-time-equivalent workers of about 2 million in 2017, rising to about 2.5 million in 2024..
 (62)History has shown the Special Inspector General model to be successful at saving taxpayer dollars and rooting our waste, fraud, and abuse in large Federal Government programs.
 (63)Congress and the President have enacted legislation creating Special Inspectors General on three occasions, including to oversee Federal spending and policy implementation for Afghanistan reconstruction (SIGAR), Iraq reconstruction (SIGIR), and the Troubled Asset Relief Program (SIGTARP).
 (64)SIGAR, SIGIR, and SIGTARP have successfully conducted audits and investigations saving the Federal Government billions in waste, fraud, and abuse, and have helped to identify and prosecute theft and corruption.
 (65)As of an October 2014 report, SIGAR has produced 57 referrals for suspension and debarment of Federal contractors and employees and produced over $500 million in direct taxpayer savings.
 (66)According to its final report, SIGIR cost $245 million to operate, but resulted in $645 million in direct savings to the Federal Government, in addition to producing $192 million in seizures and court-ordered penalties, as well as 90 criminal convictions.
 (67)As of an October 2014 report, SIGTARP has produced 146 convictions and $7.38 billion in fines, penalties, and restitution to the Government and victims.
 (68)On August 5, 2014, the Associated Press reported that 47 Federal inspectors general sent an unprecedented joint letter to Congress to decry, Obama administration efforts to delay or stall their investigations, citing three examples where Federal agencies have hindered substantive inspector general oversight work by refusing to provide information or documents they are entitled to under the law.
 (69)The letter from more than half of the Federal Government’s independent inspectors general correctly states, Section 6(a)(1) of the IG Act reflects the clear intent of Congress that an Inspector General is entitled to timely and unimpeded access to all records available to an agency that relate to that Inspector General’s oversight activities. The constricted interpretations of Section 6(a)(1) by these and other agencies conflict with the actual language and Congressional intent. The IG Act is clear: no law restricting access to records applies to Inspectors General unless that law expressly so states, and that unrestricted access extends to all records available to the agency, regardless of location or form..
 (70)Congress has a responsibility to exercise prudent stewardship of public dollars, to ensure that laws are well and faithfully executed by the executive branch, to provide for efficacious services for the American people, and to ensure that those who cheat, steal from, or defraud the Federal Government are held to account.
			3.Special Inspector General for Monitoring the Affordable Care Act
 (a)Office of Special Inspector GeneralThere is hereby established the Office of the Special Inspector General for Monitoring the Affordable Care Act (in this section, referred to as the Office) to carry out the duties described under subsection (e).
			(b)Appointment of Inspector General; removal
 (1)AppointmentThe head of the Office is the Special Inspector General for Monitoring the Affordable Care Act (in this section referred to as the Special Inspector General), who shall be appointed by the President, by and with the advice and consent of the Senate.
 (2)QualificationsThe appointment of the Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, health care expertise and financing, public administration, or investigations.
 (3)Deadline for appointmentThe appointment of an individual as the Special Inspector General shall be made not later than 30 days after the date of the enactment of this Act.
 (4)CompensationThe annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
 (5)Prohibition on political activitiesFor purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law.
 (6)RemovalThe Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.).
 (c)Assistant Inspectors GeneralThe Special Inspector General shall, in accordance with applicable laws and regulations governing the civil service—
 (1)appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to the duties described under subsection (e); and
 (2)appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such duties.
				(d)Supervision
 (1)In generalExcept as provided under paragraph (2), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of Health and Human Services.
 (2)Independence to conduct investigations and auditsNo employee or officer of any of the following entities shall prevent or prohibit the Special Inspector General from initiating, carrying out, or completing any audit or investigation related to the duties described under subsection (e) or from issuing any subpoena during the course of any such audit or investigation:
 (A)The Executive Office of the President and the Office of Personnel Management. (B)The Department of Health and Human Services.
 (C)The Department of the Treasury. (D)The Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps.
 (E)Any other Federal agency involved in implementing or administering the Affordable Care Act. (e)Duties (1)Oversight of the implementation and administration of the affordable care actIt shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the implementation and administration of programs and activities established under, and payment system changes made by, the Affordable Care Act, including by collecting and summarizing the following:
 (A)A description of the individual mandate requirement for applicable individuals to maintain minimum essential coverage or pay a penalty under section 5000A of the Internal Revenue Code of 1986, including a description of the number of individuals maintaining such coverage and the number of individuals paying such penalties.
 (B)A description of any increases or decreases in— (i)premiums for qualified health plans (as defined in section 1301 of the Patient Protection and Affordable Care Act (42 U.S.C. 18021));
 (ii)deductibles under qualified health plans; and (iii)cost-sharing under qualified health plans, including by copayments and coinsurance,
						affecting individuals enrolling in coverage under such plans through an exchange established under
			 title I of the Patient Protection and Affordable Care Act (including a
			 State-run exchange, a federally administered exchange, and a Small
 Business Health Options Program).(C)A description of any increases or decreases in the maximum out-of-pocket costs affecting individuals enrolling in qualified health plans through such a State-run exchange, a federally administered exchange, and a Small Business Health Options Program.
 (D)A description of any increases or decreases in the size of physician and other health care provider networks affecting individuals enrolling in qualified health plans through such a State-run exchange, a federally administered exchange, and a Small Business Health Options Program.
 (E)A description of any type of health insurance coverage lost because of the treatment under title I of the Patient Protection and Affordable Care Act of grandfathered health plans (as defined in section 1251(e) of such Act (42 U.S.C. 18011(e))).
 (F)A description of any credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082)) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act (42 U.S.C. 18082)) provided to individuals enrolling under qualified health plans through an exchange established under title I of the Patient Protection and Affordable Care Act.
 (G)A description of any projections, estimates, analysis, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to the enrollment of individuals in a qualified health plan through an exchange established under title I of the Patient Protection and Affordable Care Act.
 (H)A description of the employer mandate requirement that applicable large employers provide eligible employees with minimum essential coverage or pay a fine under section 4980H of the Internal Revenue Code of 1986, including a description of the type and number of employers providing such coverage and the type and number of employers paying such fines.
 (I)A description of any projections, estimates, analyses, goals, or targets made by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act with respect to employers providing minimum essential coverage to applicable employees.
 (J)A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers converting full-time employees to part-time employees or hiring new part-time employees instead of full-time employees for the purposes of avoiding the fines provided for under the employer mandate requirement described in subparagraph (H).
 (K)A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers hiring no more than 50 employees for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H).
 (L)A description of any reports, meetings, discussions, or materials of any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act relating to any employers dropping the health insurance coverage offered to their employees, or employees’ spouses or dependents, for the purposes of avoiding the requirement to provide minimum essential coverage or pay a fine under the employer mandate requirement described in subparagraph (H).
 (M)A description of the transitional reinsurance program established under section 1341 of the Patient Protection and Affordable Care Act (42 U.S.C. 18061), including a description of reinsurance contributions collected or required to be collected under such program, a description of any reinsurance payments made or required to be made to health insurance issuers under such program, a description of the health insurance coverage and related costs for high-cost individuals for plans related to such program, an explanation of the impact of such reinsurance program on adverse selection in the marketplace, and an explanation of any premium-stabilizing effects of such program.
 (N)A description of the temporary risk corridors for qualified health plans established under section 1342 of the Patient Protection and Affordable Care Act (42 U.S.C. 18062), including a description of participating plans and the allowable costs and target amounts of such plans, a description of risk corridor ratios of such plans, and a description of payment adjustments made under such program.
 (O)A description of the permanent risk adjustment program established under section 1343 of the Patient Protection and Affordable Care Act (42 U.S.C. 18063), including a description of any plans participating in such program, a description of any risk adjustment payments made or required to be made under such program, a description of the health insurance coverage and related costs for high-cost individuals for plans related to such program, an explanation of the impact of such program on adverse selection in the marketplace, and an explanation of any premium-stabilizing effects of such program.
 (P)A list of all contracts awarded under the Affordable Care Act and an analysis of whether Federal contracting procedures were followed when awarding any contract associated with such Act.
 (Q)A description of the development of the health insurance marketplace for the Internet portal established under section 1103 of the Patient Protection and Affordable Care Act (42 U.S.C. 18003), including a description of the design, features, and security systems of such web portal and a description of all costs associated with such development.
 (R)A description of any threats, risks, problems, or functionality issues identified by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act prior to the launch of such web portal on October 1, 2013.
 (S)A description of any decisionmaking or activities by any employee of the Federal Government or any contractor of the Federal Government in carrying out duties associated with the Patient Protection and Affordable Care Act in response to such threats, risks, problems, or functionality issues.
 (T)A description of the systems (on the Federal and State levels) in place or in development to allow health insurance issuers and plans and government entities to verify information is accurate for purposes of enrollments in qualified health plans through exchanges established under title I of the Patient Protection and Affordable Care Act, including that data verification and validation can occur with respect to information provided or stored by individuals, the Department of Health and Human Services, the qualified health plans, States, and other applicable Federal agencies, including for purposes of credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082)) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act (42 U.S.C. 18082)).
 (U)A description of the development of the Federal Data Services Hub, including its design, features, and security systems, and a description of the type of data accessed through such data hub, and a description of the actual storage location of such data accessed through such data hub.
 (V)A list of the duties and responsibilities assigned to the Internal Revenue Service as a result of the enactment of the Affordable Care Act, a description of any plans of the Internal Revenue Service for how to carry out such duties, and an explanation of the resources and personnel required to carry out such duties, including a description of any new resources or personnel required to carry out such duties not already available to the Internal Revenue Service.
 (W)A description of any plans of the Internal Revenue Service to verify the eligibility of individuals enrolling in qualified health plans for any credits under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082)) and any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) (and the amount (if any) of the advance payment of the reduction under section 1412 of such Act (42 U.S.C. 18082)), including a description of any such verification completed and a description of any such individuals determined to be ineligible.
 (X)A description of any plans by the Internal Revenue Service to calculate the amount of overpayment of any such credit or reduction for which an individual enrolled in a qualified health plan was determined to be ineligible, including a description of any such calculations completed.
 (Y)A description of any plans by the Internal Revenue Service to notify individuals determined to be ineligible for such credits or reductions, including a description of such notifications completed.
 (Z)A description of any plans by the Internal Revenue Service to recapture such overpayments of such credits and reductions for individuals determined to be ineligible, including a description of such recapturing completed.
 (AA)A description of the impact of the Affordable Care Act on the right of conscience, including on— (i)religious employers and institutions that were not exempted from the mandate issued by the Department of Health and Human Services requiring individual and group health plans to cover sterilization and Food and Drug Administration approved contraceptives;
 (ii)individuals; and (iii)medical professionals.
 (BB)A description of abortion coverage offered under qualified health plans purchased through State-run exchanges, federally administered exchanges, and Small Business Health Options Programs, including costs associated with such coverage.
 (CC)A description of any actions by Departments or Agencies of the Federal Government to modify or delay the programs or activities authorized by the Affordable Care Act, including an explanation from the head of such Department or Agency of the specific authority used to implement such a modification or delay.
 (DD)A description of the Independent Payment Advisory Board under section 1899A of the Social Security Act (42 U.S.C. 1395kkk) and any actions taken to alter or reduce the use of medical products, treatments or procedures, including an explanation from the Independent Payment Advisory Board of the reasons for taking such actions, whether such actions could be expected to result in worsened medical outcomes for individuals affected by such alterations or reductions, and an explanation of the medical information used to determine whether such alterations or reductions could be expected to result in such worsened outcomes.
 (EE)A description of individuals enrolled in the Medicaid program under title XIX of the Social Security Act through an exchange established under title I of the Patient Protection and Affordable Care Act, including a description of the cost of health care services utilized by such individuals and a description of the cost to States and the cost to the Federal Government to provide health care services to such individuals.
 (FF)Any additional topic related to the implementation and administration of the Affordable Care Act, the inclusion of which helps to provide the public a full and objective accounting of such law.
 (2)Data to be includedIn carrying out the duties described under paragraph (1), the Special Inspector General shall, to the greatest extent possible, collect and summarize data described under such paragraph according to each type of insurance marketplace and according to the age and gender of individuals enrolling in coverage under qualified health plans through an exchange established under title I of the Patient Protection and Affordable Care Act.
 (3)Other duties related to oversightThe Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described under paragraph (1).
 (4)Duties and responsibilities under the Inspector General Act of 1978In addition to the duties described under paragraphs (1) and (2), the Special Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.).
 (f)Coordination of effortsIn carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of each of the following:
 (1)The Inspector General of the Department of Health and Human Services. (2)The Inspector General of the Department of the Treasury.
 (3)The Inspectors General of the Social Security Administration, the Department of Homeland Security, the Department of Veterans Affairs, the Department of Defense, the Department of Labor, and the Peace Corps.
 (4)The inspector general of any other Federal entity, as determined by the Special Inspector General. (g)Powers and authorities (1)Authority to access materials, request information, compel response, and other authorities under the Inspector General Act of 1978In carrying out the duties described under subsection (e), the Special Inspector General shall have all of the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
 (2)Exemption from requirement for initial determination by Attorney GeneralFor purposes of section 6(e) of the Inspector General Act of 1978 (5 U.S.C. App.), the Special Inspector General shall be considered exempt from the requirement of an initial determination of eligibility by the Attorney General under paragraph (2) of such section.
 (3)Audit standardsThe Special Inspector General shall carry out the duties specified under subsection (e)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).
				(h)Personnel, facilities, and other resources
 (1)PersonnelThe Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
 (2)Employment of experts and consultantsThe Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title.
 (3)Contracting authorityTo the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General.
 (4)ResourcesThe Secretary of Health and Human Services shall provide the Special Inspector General with appropriate and adequate office space at appropriate locations of the Department of Health and Human Services together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein.
				(5)Assistance from Federal agencies
 (A)In generalUpon request of the Special Inspector General for information or assistance from any Department, Agency, or other entity of the Federal Government (including any entity listed under subsection (d)(2)), the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee.
					(B)Reporting of refused assistance
 (i)Reporting to Health and Human Services and CongressIn accordance with clause (ii), as the case may be, whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of Health and Human Services and to the appropriate congressional committees without delay.
 (ii)Reporting to the public on refusal or noncooperation in transparencyWhenever any information described in clause (i) is requested by the Special Inspector General and unreasonably refused or not provided, the report to the Secretary of Health and Human Services and the appropriate congressional committees shall be titled Notice of Refusal or Noncooperation in Transparency and shall be published on a publicly available website in an accessible format without delay.
 (6)Use of personnel, facilities, and other resources of the OfficeUpon the request of the Special Inspector General, an Inspector General— (A)may detail, on a reimbursable basis, to the Office any of the personnel of such Inspector General’s office for the purpose of carrying out this section; and
 (B)may provide, on a reimbursable basis, any of the facilities or other resources of the Office for the purpose of carrying out this section.
					(i)Reports
 (1)Initial reportNot later than 90 days after the date of the enactment of this Act, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period beginning on the date of the enactment of the Health Care and Education Reconciliation Act of 2010 and ending on the completion of a fiscal year quarter after the date of enactment of this Act, the activities during such period of the Special Inspector General required under subsection (e).
 (2)Quarterly reportsBeginning with the first full fiscal year quarter after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year quarter, during which the Affordable Care Act is in effect, the Special Inspector General shall submit to the appropriate congressional committees and the Secretary of Health and Human Services a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Special Inspector General required under subsection (e).
 (3)Comments on reportNot later than 30 days after receipt of a report under this subsection, the Secretary of Health and Human Services shall submit to the appropriate congressional committees any comments on the matters covered by the report.
				(4)Public availability; recordkeeping
 (A)In generalThe Special Inspector General shall publish on a publicly available website each report described under this subsection and any comments on the matters covered by the report submitted pursuant to paragraph (3).
 (B)Requirement to indexExcept as provided in subparagraph (C), the Special Inspector General shall, to the greatest extent possible, index and publish on the publicly available website information for each source used in each report described under this subsection, including whenever applicable the document name, author, and owner.
 (C)Exception to index requirementThe Special Inspector General may except with a written note of exclusion certain information required to be published pursuant to subparagraph (B) that the Special Inspector General determines is—
 (i)necessary to protect an individual that provided the information; or (ii)classified.
 (D)Recordkeeping requirementAll source material and information used to create a report described under this subsection, including information excepted under subparagraph (C), shall be identified, indexed (in a classified annex, if necessary), and maintained (including any written note of exclusion) by the Special Inspector General.
 (5)Protected informationTo the extent possible, information submitted in any report required under this subsection shall be in a form that is not prohibited from disclosure under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974).
 (6)Aggregated informationThe Special Inspector General shall, to the maximum extent possible, aggregate any personally identifiable information submitted in a report required under this subsection.
 (j)Amendment to the Inspector General ActSection 8D of the Inspector General Act (5 U.S.C. App.) is amended in subsections (e) and (f) by inserting after for Tax Administration, each place it appears, the following: and the Special Inspector General for Monitoring the Affordable Care Act.
 (k)TerminationThe Office of the Special Inspector General shall terminate the earlier of— (1)January 1, 2025; or
 (2)the date on which the final report required by subsection (h) is submitted for the last year the Affordable Care Act is in effect.
 (l)DefinitionsIn this section: (1)Affordable Care ActThe term Affordable Care Act means the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010.
 (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committees on Appropriations; the Budget; Education and the Workforce; Energy and Commerce; Homeland Security; the Judiciary; Oversight and Government Reform; Small Business; and Ways and Means of the House of Representatives; and
 (B)the Committees on Appropriations; the Budget; Commerce, Science, and Transportation; Finance; Health, Education, Labor, and Pensions; Homeland Security and Governmental Affairs; the Judiciary; and Small Business and Entrepreneurship of the Senate.


116 S1969 IS: Fallen Journalists Memorial Act of 2019
U.S. Senate
2019-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 1969
		IN THE SENATE OF THE UNITED STATES

			June 25, 2019
			Mr. Cardin (for himself, Mr. Portman, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To authorize the Fallen Journalists Memorial Foundation to establish a commemorative work in the
			 District of Columbia and its environs, and for other purposes.

		1.Short title
 This Act may be cited as the Fallen Journalists Memorial Act of 2019.
 2.DefinitionsIn this Act: (1)Eligible federal land (A)In generalThe term eligible Federal land means Federal land depicted as Area I or Area II on the map numbered 869/86501 B and dated June 24, 2003.
 (B)ExclusionThe term eligible Federal land does not include the Reserve (as defined in section 8902(a) of title 40, United States Code). (2)FoundationThe term Foundation means the Fallen Journalists Memorial Foundation.
			3.Establishment of memorial to commemorate the commitment of the United States to a free press by
			 honoring journalists who have sacrificed their lives in service to that
			 cause
 (a)Commemorative work authorizedThe Foundation may establish a commemorative work on eligible Federal land to commemorate the sacrifices made by journalists working as guardians of democracy and for a free and independent press.
 (b)Compliance with standards for commemorative worksChapter 89 of title 40, United States Code, and other applicable Federal laws (including regulations) shall apply to the establishment of the commemorative work authorized under subsection (a).
 (c)Prohibition on use of federal fundsThe Foundation may not use Federal funds to establish the commemorative work authorized under subsection (a).
			(d)Deposit of excess funds
 (1)On establishment of commemorative workIf, on payment of all expenses for the establishment of the commemorative work authorized under subsection (a) (including the maintenance and preservation amounts required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Foundation shall transmit the amount of the balance to the account provided for in section 8906(b)(3) of that title.
 (2)On expiration of authority to establish commemorative workIf, on expiration under section 8903(e) of title 40, United States Code, of the authority for the commemorative work authorized under subsection (a), there remains a balance of funds received for the establishment of the commemorative work, the Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator of General Services, as appropriate, following the process provided in section 8906(b)(4) of that title for accounts established under section 8906(b)(3) of that title.


116 HR 5889 IH: Fair Indexing for Health Care Affordability Act
U.S. House of Representatives
2020-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5889IN THE HOUSE OF REPRESENTATIVESFebruary 13, 2020Mrs. Axne (for herself, Ms. Matsui, and Mr. Horsford) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services to set forth a method of determining maximum out-of-pocket limits and annual updates to premium tax credit eligibility.1.Short titleThis Act may be cited as the Fair Indexing for Health Care Affordability Act.2.Premium adjustment percentageSection 1302(c)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(c)(4)) is amended by striking calendar year) and inserting calendar year, based on estimates and projections for the applicable calendar year of the percentage (if any) by which the average per enrollee premium for employer-sponsored insurance exceeds such average per enrollee premium for the preceding calendar year, as published in the National Health Expenditure Accounts).


II
110th CONGRESS 1st Session
S. 1264
IN THE SENATE OF THE UNITED STATES

May 2, 2007
Mr. Coleman (for himself and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To amend the Internal Revenue Code of 1986 to provide a credit to holders of rural renaissance bonds.

1.Credit to holders of rural renaissance bonds
(a)In GeneralSubpart H of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new section:

54A.Credit to holders of rural renaissance bonds
(a)Allowance of CreditIn the case of a taxpayer who holds a rural renaissance bond on 1 or more credit allowance dates of the bond occurring during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.
(b)Amount of Credit
(1)In generalThe amount of the credit determined under this subsection with respect to any credit allowance date for a rural renaissance bond is 25 percent of the annual credit determined with respect to such bond.
(2)Annual creditThe annual credit determined with respect to any rural renaissance bond is the product of—
(A)the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by
(B)the outstanding face amount of the bond.
(3)DeterminationFor purposes of paragraph (2), with respect to any rural renaissance bond, the Secretary shall determine daily or caused to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary’s designee estimates will permit the issuance of rural renaissance bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer.
(4)Credit allowance dateFor purposes of this section, the term credit allowance date means—
(A)March 15,
(B)June 15,
(C)September 15, and
(D)December 15. Such term also includes the last day on which the bond is outstanding.
(5)Special rule for issuance and redemptionIn the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures.
(c)Limitation Based on Amount of TaxThe credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
(1)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(2)the sum of the credits allowable under this part (other than this subpart, subpart C, and section 1400N(l)).
(d)Rural Renaissance BondFor purposes of this section—
(1)In generalThe term rural renaissance bond means any bond issued as part of an issue if—
(A)the bond is issued by a qualified issuer pursuant to an allocation by the Secretary to such issuer of a portion of the national rural renaissance bond limitation under subsection (f)(2),
(B)95 percent or more of the proceeds from the sale of such issue are to be used for capital expenditures incurred by qualified borrowers for 1 or more qualified projects,
(C)the qualified issuer designates such bond for purposes of this section and the bond is in registered form,
(D)the issue meets the requirements of subsection (h), and
(E)such bond is not a federally guaranteed bond (within the meaning of section 149(b)(2)).
(2)Qualified project; special use rules
(A)In generalThe term qualified project means 1 or more projects described in subparagraph (B) located in a rural area.
(B)Projects describedA project described in this subparagraph is a project eligible for assistance under—
(i)the utilities programs described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(2)),
(ii)the distance learning or telemedicine programs authorized pursuant to chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.),
(iii)the rural electric programs authorized pursuant to the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.),
(iv)the rural telephone programs authorized pursuant to the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.),
(v)the broadband access programs authorized pursuant to title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), and
(vi)the rural community facility programs as described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)).
(C)Refinancing rulesFor purposes of paragraph (1)(B), a qualified project may be refinanced with proceeds of a rural renaissance bond only if the indebtedness being refinanced (including any obligation directly or indirectly refinanced by such indebtedness) was originally incurred by a qualified borrower after the date of the enactment of this section.
(D)ReimbursementFor purposes of paragraph (1)(B), a rural renaissance bond may be issued to reimburse a qualified borrower for amounts paid after the date of the enactment of this section with respect to a qualified project, but only if—
(i)prior to the payment of the original expenditure, the qualified borrower declared its intent to reimburse such expenditure with the proceeds of a rural renaissance bond,
(ii)not later than 60 days after payment of the original expenditure, the qualified issuer adopts an official intent to reimburse the original expenditure with such proceeds, and
(iii)the reimbursement is made not later than 18 months after the date the original expenditure is paid.
(E)Treatment of changes in useFor purposes of paragraph (1)(B), the proceeds of an issue shall not be treated as used for a qualified project to the extent that a qualified borrower or qualified issuer takes any action within its control which causes such proceeds not to be used for a qualified project. The Secretary shall prescribe regulations specifying remedial actions that may be taken (including conditions to taking such remedial actions) to prevent an action described in the preceding sentence from causing a bond to fail to be a rural renaissance bond.
(F)Treatment of other subsidiesFor purposes of subparagraph (B), a qualified project does not include any portion of a project financed by grants or subsidized financing provided (directly or indirectly) under a Federal program, including any State or local obligation used to provide financing for such portion the interest on which is exempt from tax under section 103.
(e)Maturity Limitations
(1)Duration of termA bond shall not be treated as a rural renaissance bond if the maturity of such bond exceeds the maximum term determined by the Secretary under paragraph (2) with respect to such bond.
(2)Maximum termDuring each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined without regard to the requirements of paragraph (3) and using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year.
(3)Ratable principal amortization requiredA bond shall not be treated as a rural renaissance bond unless it is part of an issue which provides for an equal amount of principal to be paid by the qualified issuer during each calendar year that the issue is outstanding.
(f)Limitation on Amount of Bonds Designated
(1)National limitationThere is a national rural renaissance bond limitation of $400,000,000.
(2)Allocation by Secretary
(A)In generalIn accordance with subparagraph (B), the Secretary shall allocate the amount described in paragraph (1) among at least 20 qualified projects, or such lesser number of qualified projects with proper applications filed after 12 months after the adoption of the selection process under subparagraph (B).
(B)Selection processIn consultation with the Secretary of Agriculture, the Secretary shall adopt a process to select projects described in subparagraph (A). Under such process, no State may receive more than 15 percent of the allocation under subparagraph (A).
(g)Credit Included in Gross IncomeGross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income.
(h)Special Rules Relating to Expenditures
(1)In generalAn issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects—
(A)at least 95 percent of the proceeds from the sale of the issue are to be spent for 1 or more qualified projects within the 5-year period beginning on the date of issuance of the rural renaissance bond,
(B)a binding commitment with a third party to spend at least 10 percent of the proceeds from the sale of the issue will be incurred within the 6-month period beginning on the date of issuance of the rural renaissance bond or, in the case of a rural renaissance bond the proceeds of which are to be loaned to 2 or more qualified borrowers, such binding commitment will be incurred within the 6-month period beginning on the date of the loan of such proceeds to a qualified borrower, and
(C)such projects will be completed with due diligence and the proceeds from the sale of the issue will be spent with due diligence.
(2)Extension of periodUpon submission of a request prior to the expiration of the period described in paragraph (1)(A), the Secretary may extend such period if the qualified issuer establishes that the failure to satisfy the 5-year requirement is due to reasonable cause and the related projects will continue to proceed with due diligence.
(3)Failure to spend required amount of bond proceeds within 5 yearsTo the extent that less than 95 percent of the proceeds of such issue are expended by the close of the 5-year period beginning on the date of issuance (or if an extension has been obtained under paragraph (2), by the close of the extended period), the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142.
(i)Special Rules Relating to ArbitrageA bond which is part of an issue shall not be treated as a rural renaissance bond unless, with respect to the issue of which the bond is a part, the qualified issuer satisfies the arbitrage requirements of section 148 with respect to proceeds of the issue.
(j)Definitions and special rules relating to issuers and borrowersFor purposes of this section—
(1)Qualified issuerThe term qualified issuer means—
(A)a rural renaissance bond lender,
(B)a cooperative electric company, or
(C)a governmental body.
(2)Qualified borrowerThe term qualified borrower means—
(A)a mutual or cooperative electric company described in section 501(c)(12) or 1381(a)(2)(C), or
(B)a governmental body.
(3)Rural renaissance bond lenderThe term rural renaissance bond lender means a lender which is a cooperative which is owned by, or has outstanding loans to, 100 or more cooperative electric companies and is in existence on February 1, 2002, and shall include any affiliated entity which is controlled by such lender.
(4)Cooperative electric companyThe term cooperative electric company means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or a not-for-profit electric utility which has received a loan or loan guarantee under the Rural Electrification Act.
(5)Governmental bodyThe term governmental body means any State, territory, possession of the United States, the District of Columbia, Indian tribal government, and any political subdivision thereof.
(k)Special Rules Relating to Pool BondsNo portion of a pooled financing bond may be allocable to loan unless the borrower has entered into a written loan commitment for such portion prior to the issue date of such issue.
(l)Other Definitions and Special RulesFor purposes of this section—
(1)BondThe term bond includes any obligation.
(2)Pooled financing bondThe term pooled financing bond shall have the meaning given such term by section 149(f)(4)(A).
(3)Rural areaThe term rural area shall have the meaning given such term by section 1393(a)(2).
(4)Partnership; s corporation; and other pass-thru entities
(A)In generalUnder regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass-thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a).
(B)No basis adjustmentIn the case of a bond held by a partnership or an S corporation, rules similar to the rules under section 1397E(i) shall apply.
(5)Bonds held by regulated investment companiesIf any rural renaissance bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.
(6)ReportingIssuers of rural renaissance bonds shall submit reports similar to the reports required under section 149(e).
(7)TerminationThis section shall not apply with respect to any bond issued after December 31, 2008. .
(b)ReportingSubsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph:

(9)Reporting of credit on rural renaissance bonds
(A)In generalFor purposes of subsection (a), the term interest includes amounts includible in gross income under section 54A(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(b)(4)).
(B)Reporting to corporations, etcExcept as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection.
(C)Regulatory authorityThe Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting. .
(c)Conforming Amendments
(1)The table of sections for subpart H of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 54A. Credit to holders of rural renaissance bonds.  .
(2)Section 54(c)(2) of such Code is amended by inserting , section 54A, after subpart C.
(d)Issuance of RegulationsThe Secretary of Treasury shall issue regulations required under section 54A of the Internal Revenue Code of 1986 (as added by this section) not later than 120 days after the date of the enactment of this Act.
(e)Effective DateThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.


115 SRES 527 IS: Congratulating the people of Georgia on the 100th anniversary of its declaration of independence as a democratic republic and reaffirming the strength of the relationship between the United States and Georgia.
U.S. Senate
2018-05-24
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.

		III
		115th CONGRESS
		2d Session
		S. RES. 527
		IN THE SENATE OF THE UNITED STATES

			May 24, 2018
			Mr. Perdue (for himself, Mr. Cardin, and Mr. Isakson) submitted the following resolution; which was referred to the Committee on Foreign Relations

		RESOLUTION
		Congratulating the people of Georgia on the 100th anniversary of its declaration of independence as
			 a
			 democratic republic and reaffirming the strength of the relationship
			 between the United States and Georgia.

 Whereas, in 1918, the people of Georgia established the Democratic Republic of Georgia; Whereas Georgia was illegally invaded and annexed by the Soviet Red Army in 1921, leading to 70 years of Soviet occupation until 1991, when Georgia regained its independence;
 Whereas the territorial integrity of Georgia has been continually reaffirmed by the international community, international law, and over 30 United Nations Security Council resolutions since 1993;
 Whereas the Russian Federation’s invasion of Georgia in August 2008 resulted in civilian and military causalities, the occupation of two Georgian regions, Abkhazia and the Tskhinvali region/South Ossetia, and the violation of Georgia’s sovereignty and territorial integrity;
 Whereas hundreds of thousands of internally displaced civilians were forcefully expelled from the Abkhazia and Tskhinvali region/South Ossetia of Georgia in the 1990s, and again in 2008, and continue to be deprived of the right to return in a safe and dignified manner;
 Whereas the Russian Federation continues to violate the European Union-mediated, August 12, 2008, Ceasefire Agreement between Georgia and the Russian Federation;
 Whereas the Government of the Russian Federation has intensified steps to separate Abkhazia and Tskhinvali region/South Ossetia from the rest of Georgia by continuing its fortification of the occupation lines and constructing barbed wire fences to further divide the population;
 Whereas Georgia remains in full compliance with the European Union-mediated, August 12, 2008, Ceasefire Agreement, and continues its efforts to reach tangible results in the Geneva International Discussions;
 Whereas the human rights situation in the Russian-occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia has deteriorated, and the Parliament of Georgia adopted a resolution on March 21, 2018, in recognition of this fact;
 Whereas the United States Government supports Georgia’s sovereignty and right to choose its own alliances, and recognizes the Georgian regions of Abkhazia and Tskhinvali/South Ossetia as Russian Federation-occupied territories within the internationally recognized borders of Georgia;
 Whereas the United States-Georgia Strategic Partnership, signed in January 2009, outlines the importance of bilateral efforts to advance cooperation in the areas of education, public outreach, health, and cultural exchanges to ensure the strong and enduring people-to-people ties between the United States and Georgia;
 Whereas the Memorandum on Deepening the Defense and Security Partnership between the United States and Georgia, signed in July 2016, enhances the defense and security cooperation and reinforces our shared determination to strengthen Georgia’s resilience and self-defense capabilities;
 Whereas relations between the United States and Georgia have developed into a strong alliance based on shared values and principles;
 Whereas, since 1994, the Georgia National Guard has had a partnership with the country of Georgia through the National Guard State Partnership Program, helping build capacity among partner forces and providing deterrence against the aggression of the Government of the Russian Federation;
 Whereas the Government of Georgia has shown an unwavering commitment to strengthening transatlantic security by being the largest non-NATO troop contributor to the International Security Assistance Force mission in Afghanistan and one of the top overall contributors to Resolute Support;
 Whereas the Government of Georgia has been a leader of the region in democratic development and has initiated positive commitments in the areas of judicial reforms, strengthening the role of Parliament, and utilizing international election monitoring organizations and transparency;
 Whereas, on August 1, 2017, Vice President Mike Pence visited Georgia to condemn the Russian Federation’s occupation of Georgian territory and attend Exercise Noble Partner, involving 800 Georgian and 1,600 United States troops;
 Whereas, on November 20, 2017, the Department of State made a determination approving a sale of the Javelin missile system to Georgia, providing increased capacity to meet Georgia’s national defense requirements;
 Whereas, on January 26, 2018, the United States Government condemned the Russian Federation’s ratification of an agreement with de facto leaders of South Ossetia regarding a joint military force; and
 Whereas a democratic and stable Georgia is in the political, security, and economic interests of the United States: Now, therefore, be it

 That the Senate— (1)congratulates the people of Georgia on the occasion of the 100th anniversary of the first Democratic Republic of Georgia;
 (2)acknowledges the close and enduring strategic partnership and strong alliance between the United States and Georgia;
 (3)supports strengthening the defense and security cooperation between the United States and Georgia; (4)supports further developing trade and commerce relations between the United States and Georgia;
 (5)reaffirms the support of the United States for Georgia's accession to NATO; (6)continues to condemn the Russian Federation’s occupation of Georgian sovereign territory, and recognizes Georgia’s regions of Abkhazia and Tskhinvali region/South Ossetia as Russian-occupied territories within the internationally recognized borders of Georgia;
 (7)remembers the victims of the August 2008 war between Georgia and the Russian Federation; (8)condemns human rights abuses by the Government of the Russian Federation in the occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia, including the recent killing of Georgian citizens Archil Tatunashvili, Giga Otkhozoria, and Davit Basharuli;
 (9)reaffirms the support of the United States for a peaceful, unified Georgia and a secure future for the region;
 (10)reaffirms the necessity of the implementation of the August, 12, 2008, Ceasefire Agreement that stipulates the withdrawal of Russian Federation forces to their pre-conflict locations and establishes international security mechanisms on the ground;
 (11)emphasizes the importance of ensuring the safe and dignified return of internally displaced persons; and
 (12)recognizes the Government of Georgia’s ongoing efforts to strengthen democracy in Georgia by implementing reforms that expand media transparency and freedoms, increase government transparency, accountability, and responsiveness, promote political competition and democratic electoral processes, and strengthen judicial independence and the rule of law.


115 S3250 IS: Rent Relief Act of 2018
U.S. Senate
2018-07-19
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 CONGRESS2d SessionS. 3250IN THE SENATE OF THE UNITED STATESJuly 19, 2018Ms. Harris (for herself, Mrs. Feinstein, Mr. Blumenthal, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to allow for a credit against tax for rent paid on the
			 personal residence of the taxpayer.

 1.Short titleThis Act may be cited as the Rent Relief Act of 2018. 2.Refundable credit for rent paid for principal residence (a)In generalSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section:

					36C.Rent paid for principal residence
 (a)In generalIn the case of an individual who leases the individual’s principal residence (within the meaning of section 121) during the taxable year and who pays rent with respect to such residence in excess of 30 percent of the taxpayer’s gross income for such taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to the applicable percentage of such excess.
 (b)Credit limited by 150 percent of fair market rentSolely for purposes of determining the amount of the credit allowed under subsection (a) with respect to a residence for the taxable year, there shall not be taken into account rent in excess of an amount equal to 150 percent of the fair market rent (including the utility allowance) applicable to the residence involved (as most recently published, as of the beginning of the taxable year, by the Department of Housing and Urban Development).
 (c)Definitions and special rulesFor purposes of this section— (1)Applicable percentage (A)In generalExcept as provided in subparagraph (B), the applicable percentage shall be determined in accordance with the following table:The applicableIf gross income is:percentage is:Not over $25,000100 percentOver $25,000, but not over $50,00075 percentOver $50,000, but not over $75,00050 percentOver $75,000, but not over $100,00025 percentOver $100,0000 percent.
 (B)High-cost areasIn the case of an individual whose principal residence is located in an area for which, under the rule published in the Federal Register on November 16, 2016 (81 Fed. Reg. 80567), the small area fair market rent is used for purposes of the Housing Choice Voucher Program, the table contained in subparagraph (A) shall be applied by substituting $125,000 for $100,000 each place it appears.
 (2)Partial year residenceThe Secretary shall prescribe such rules as are necessary to carry out the purposes of this section for taxpayers with respect to whom a residence is a principal residence for only a portion of the taxable year.
 (3)Special rule for individuals residing in government-subsidized housingIn the case of a principal residence— (A)the rent with respect to which is subsidized under a Federal, State, local, or tribal program, and
 (B)with respect to which the taxpayer elects the application of this paragraph, in lieu of the credit determined under subsection (a), there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 1/12 of the amount of rent paid by the taxpayer (and not subsidized under any such program) during the taxable year with respect to such residence.(4)RentThe term rent includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section 42(g)(2)(B)(ii)..
 (b)Clerical amendmentThe table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:
				Sec. 36C. Rent paid for principal residence..
 (c)Effective dateThe amendments made by this section shall apply with respect to taxable years beginning after December 31, 2017.


116 S3946 IS: Helicopter Safety Act of 2020
U.S. Senate
2020-06-11
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.

II116th CONGRESS2d SessionS. 3946IN THE SENATE OF THE UNITED STATESJune 11, 2020Mrs. Feinstein (for herself, Mr. Schumer, Mr. Blumenthal, Mrs. Gillibrand, Mr. Markey, and Ms. Harris) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require certain helicopters to be equipped with safety technologies, and for other purposes.1.Short titleThis Act may be cited as the Helicopter Safety Act of 2020.2.FindingsCongress finds the following:(1)The January 26, 2020, helicopter crash near Calabasas, California, in which 9 individuals lost their lives, was a tragic event.(2)Officials from the National Transportation Safety Board (NTSB) have noted that the helicopter involved in the fatal January crash was not equipped with a Flight Data Recorder (FDR), a Cockpit Voice Recorder (CVR), or a Terrain Awareness and Warning System (TAWS).(3)The NTSB has investigated numerous tragic helicopter accidents, including the crash of a helicopter in the Gulf of Mexico in 2004, in which 10 individuals lost their lives, and a crash in Missouri in 2011, in which 4 individuals lost their lives.(4)The NTSB has provided recommendations to the FAA regarding equipping helicopters with crash-resistant Flight Data Recorders, Cockpit Voice Recorders, and Terrain Awareness and Warning Systems.(5)The FAA has not acted on several NTSB recommendations for increased helicopter safety technologies that could potentially avert future tragedies. 3.Implementation of NTSB recommendations(a)In generalSubject to subsections (b) and (c), not later than 180 days after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement the following NTSB recommendations for crash-resistant systems, but only with respect to existing and new U.S.-registered turbine-powered rotorcraft certificated for six or more passenger seats:(1)Safety Recommendation A–06–017, issued on March 7, 2006 (relating to requiring all rotorcraft operating under parts 91 and 135 of title 14, Code of Federal Regulations, with a transport-category certification to be equipped with a cockpit voice recorder (CVR) and a flight data recorder (FDR) or an onboard cockpit image recorder with the capability of recording cockpit audio, crew communications, and aircraft parametric data). (2)Safety Recommendation A–06–018, issued on March 7, 2006 (relating to not permitting exemptions or exceptions to the flight recorder regulations that allow transport-category rotorcraft to operate without flight recorders, and withdrawing exemptions and exceptions that allow transport-category rotorcraft to operate without flight recorders).(3)Safety Recommendation A–06–019 issued on March 24, 2006 (relating to requiring all existing and new U.S.-registered turbine-powered rotorcraft certificated for six or more passenger seats to be equipped with a terrain awareness and warning system).(b)Timing for equipment complianceThe regulations required to be issued under subsection (a) shall require all U.S.-registered turbine-powered rotorcraft certificated for six or more passenger seats to be equipped with a Flight Data Recorder, a Cockpit Voice Recorder, and a Terrain Awareness and Warning System that each meet the respective requirements applicable under such regulations, not later than—(1)1 year after the date on which the applicable regulation is issued; or(2)2 years after the date on which the applicable regulation is issued, if the Administrator determines appropriate. (c)Exemptions(1)In generalIn issuing the regulations required under subsection (a), the Administrator may exempt any civilian helicopter that the Administrator determines appropriate from one or more of the equipment requirements of such regulations.(2)RequirementsIf the Administrator issues a final regulation that contains an exemption described in paragraph (1), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives the Committee on Appropriations of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Appropriations of the Senate a report describing the exemption, not later than the date on which the final regulation is issued. 4.DefinitionsIn this Act:(1)AdministratorThe term Administrator means the Administrator of the FAA.(2)FAAThe term FAA means the Federal Aviation Administration.(3)NTSBThe term NTSB means the National Transportation Safety Board.