		II
		111th CONGRESS
		1st Session
		S. 2774
		IN THE SENATE OF THE UNITED STATES

			November 16, 2009
			Mr. Grassley introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security Act to
		  prevent Medicare payments being lost to fraud, waste, or abuse.

		1.Short
			 titleThis Act may be cited as
			 the Fighting Medicare Payment Fraud
			 Act of 2009.
		2.Extension of
			 number of days in which medicare claims are required to be paid in order to
			 prevent or combat fraud, waste, or abuse
			(a)Part A
			 claimsSection 1816(c)(2) of the Social Security Act (42 U.S.C.
			 1395h(c)(2)) is amended—
				(1)in subparagraph
			 (B)(ii)(V), by striking with respect and inserting
			 subject to subparagraph (D), with respect; and
				(2)by adding at the
			 end the following new subparagraph:

						(D)(i)Upon a determination by
				the Secretary that there is a likelihood of fraud, waste, or abuse involving a
				particular category of providers of services or suppliers, categories of
				providers of services or suppliers in a certain geographic area, or individual
				providers of services or suppliers, the Secretary shall extend the number of
				calendar days described in subparagraph (B)(ii)(V) to—
								(I)up to 365 calendar days with respect to
				claims submitted by—
									(aa)categories of providers of services
				or suppliers; or
									(bb)categories of providers of services
				or suppliers in a certain geographic area; or
									(II)such time that the Secretary determines
				is necessary to ensure that the claims with respect to individual providers of
				services or suppliers are clean claims.
								(ii)During the extended period of time
				under subclauses (I) and (II) of clause (ii), the Secretary shall engage in
				heightened scrutiny of claims, such as prepayment review and other methods the
				Secretary determines to be appropriate.
							(iii)Not later than 90 days after the
				date of enactment of this subparagraph and not less than annually thereafter,
				the Inspector General of the Department of Health and Human Services shall
				submit to the Secretary a report containing recommendations with respect to the
				application of this subparagraph and section 1842(c)(2)(D). Not later than 60
				days after receiving such a report, the Secretary shall submit to the Inspector
				General a written response to the recommendations contained in the
				report.
							(iv)There shall be no administrative
				or judicial review under section 1869, section 1878, or otherwise of the
				implementation of this subparagraph by the
				Secretary.
							.
				(b)Part B
			 claimsSection 1842(c)(2) of the Social Security Act (42 U.S.C.
			 1395u(c)(2)) is amended—
				(1)in subparagraph
			 (B)(ii)(V), by striking with respect and inserting
			 subject to subparagraph (D), with respect; and
				(2)by adding at the
			 end the following new subparagraph:

						(D)(i)Upon a determination by
				the Secretary that there is a likelihood of fraud, waste, or abuse involving a
				particular category of providers of services or suppliers, categories of
				providers of services or suppliers in a certain geographic area, or individual
				providers of services or suppliers, the Secretary shall extend the number of
				calendar days described in subparagraph (B)(ii)(V) to—
								(I)up to 365 calendar days with respect to
				claims submitted by—
									(aa)categories of providers of services
				or suppliers; or
									(bb)categories of providers of services
				or suppliers in a certain geographic area; or
									(II)such time that the Secretary determines
				is necessary to ensure that the claims with respect to individual providers of
				services or suppliers are clean claims.
								(ii)During the extended period of time
				under subclauses (I) and (II) of clause (ii), the Secretary shall engage in
				heightened scrutiny of claims, such as prepayment review and other methods the
				Secretary determines to be appropriate.
							(iii)There shall be no administrative
				or judicial review under section 1869, section 1878, or otherwise of the
				implementation of this subparagraph by the
				Secretary.
							.
				(c)Effective
			 date
				(1)In
			 generalThe amendments made by this section shall take effect on
			 the day that is 6 months after the date of the enactment of this Act.
				(2)Expediting
			 implementationThe Secretary shall promulgate regulations to
			 carry out the amendments made by this section which may be effective and final
			 immediately on an interim basis as of the date of publication of the interim
			 final regulation. If the Secretary provides for an interim final regulation,
			 the Secretary shall provide for a period of public comment on such regulation
			 after the date of publication. The Secretary may change or revise such
			 regulation after completion of the period of public comment.


113 S2005 IS: Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013
U.S. Senate
2014-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2005IN THE SENATE OF THE UNITED STATESFebruary 6, 2014Mr. Coburn (for himself and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to
		  provide for the reporting of certain hospital payment data under the Medicare program, and for other
		  purposes.1.Short
			 titleThis Act may be cited as the
			 Consumer Learning through
			 Electronically-Accessible and Reasonable Cost Information Act of
			 2013 or the CLEAR Cost Information Act of
			 2013.2.Reporting of
			 certain hospital payment data(a)In
			 generalSection 1866 of the Social Security Act (42 U.S.C.
			 1395cc) is amended—(1)in subsection
			 (a)(1)—(A)in subparagraph
			 (V), by striking and at the end;(B)in subparagraph
			 (W), as added by section 3005 of Public Law 111–148—(i)by
			 moving such subparagraph 2 ems to the left; and(ii)by
			 striking the period at the end and inserting a comma;(C)in subparagraph
			 (W), as added by section 6406(b) of Public Law 111–148—(i)by
			 moving such subparagraph 2 ems to the left;(ii)by
			 redesignating such subparagraph as subparagraph (X); and(iii)by striking the
			 period at the end and inserting , and; and(D)by inserting
			 after subparagraph (X), as redesignated by subparagraph (C)(ii), the following
			 new subparagraph:(Y)in the case of a subsection (d)
				hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance
				subsection (l).;
				and(2)by adding at the
			 end the following new subsection:(l)Reporting of
				certain hospital payment data(1)In
				generalA subsection (d) hospital (as defined in section
				1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts
				collected by the hospital from uninsured and insured patients over the
				preceding 2 years for each of the procedures described in paragraph (2).(2)Procedures
				describedThe procedures described in this paragraph are the 50
				most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as
				determined by the Secretary based on claims data, in both the inpatient and
				outpatient settings.(3)Transparency(A)In
				generalIn order to be beneficial to consumers, the reporting of
				data under this subsection shall be done in a manner that is transparent to the
				general public.(B)Public
				availability of informationThe Secretary shall post data
				submitted under paragraph (1) on a publicly accessible and searchable Internet
				website in a form and manner that—(i)allows for
				meaningful comparisons of hospital collections and related policies by zip
				code; and(ii)is readily
				understandable by a typical consumer.(C)Linking of
				dataA subsection (d) hospital shall include a link to the data
				posted under subparagraph (B) on the home Internet website of the
				hospital..(b)Effective
			 dateThe amendments made by this section shall
		apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.3.Inclusion of
		information on charity care furnished by hospitals in MedPAC's annual
		reportEach annual report
		submitted to Congress after the date of the enactment of this Act by the
		Medicare Payment Advisory Commission under section 1805 of the Social Security
		Act (42 U.S.C. 1395b–6) shall contain information on the percentage that
		charity care makes up of the total care furnished by hospitals and critical
		access hospitals.4.Public
		availability of report on trends in levels of charity care provided by certain
		hospitals(a)Posting of
		dataSection 9007(e)(2) of
		the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat.
		858) is amended by adding at the end the following new subparagraph:(C)Public
		  availabilityThe Secretary of the Treasury, in consultation with
		  the Secretary of Health and Human Services, shall post the data contained in
		  the report under subparagraph (B) on a publicly accessible and searchable website that—(i)allows for
		  meaningful comparisons of the data by zip code; and(ii)is
		  readily understandable by a typical
		  consumer..(b)Medicare
		requirement for hospitals To provide a link to the data on the hospital's home
		webpage(1)In
		generalSection 1866(a)(1) of the Social Security Act (42 U.S.C.
		1395cc(a)(1)), as amended by section 2, is amended—(A)in subparagraph
		(X), by striking and at the end;(B)in subparagraph
		(Y), by striking the period at the end and inserting , and;
		and(C)by inserting
		after subparagraph (Y) the following new subparagraph:(Z)in the case of
		  hospitals and critical access hospitals, to include a link on the home Internet
		  website of the hospital or critical access hospital to the data posted under
		  section 9007(e)(2)(C) of the Patient Protection and Affordable Care
		  Act..(2)Effective
		dateThe amendments made by paragraph (1) shall
		apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.


114 HRES 939 EH: Expressing the sense of the House of Representatives that all students should have access to the digital tools necessary to further their education and compete in the 21st century economy.
U.S. House of Representatives
2016-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
2d Session
H. RES. 939
In the House of Representatives, U. S.,

December 6, 2016

RESOLUTION
Expressing the sense of the House of Representatives that all students should have access to the digital tools necessary to further their education and compete in the 21st century economy.

Whereas the United States should lead the world in providing high-quality education and opportunities to its citizens; Whereas digital skills are essential for education and preparing citizens for the economy of the future;
Whereas, on a daily basis, teachers across the country assign homework that requires Internet access to be completed; Whereas there are 5 million households with school-age children in the United States that do not have high-speed Internet access at home and fall into what is known as the homework gap;
Whereas a disproportionate number of students without high-speed Internet access at home reside in low-income and minority households; Whereas students and families in rural areas face additional challenges when homework requires Internet access that is out of reach;
Whereas every student deserves an opportunity at 21st century success; Whereas participation in the classroom can be improved when all students are equipped with the tools to complete their homework;
Whereas educators can increase the use of cutting-edge education technology and digital learning resources when those resources remain accessible during out-of-school hours; Whereas data show that students have received lower grades and been unable to complete their assignments because of their lack of Internet access at home;
Whereas improved student access to postsecondary education and workforce opportunities can be made possible by increasing the ability of students to apply for employment, postsecondary education, and financial aid opportunities; Whereas leaders in the public and private sectors have recognized that the homework gap is an issue of national importance and partnered to find cooperative solutions to address it; and
Whereas instilling digital skills and the knowledge to succeed in the 21st century economy in the Nation’s students is vital to the Nation’s global competitiveness: Now, therefore, be it  That it is the sense of the House of Representatives that all students should have access to the digital tools necessary to further their education and compete in the 21st century economy.

Karen L. Haas,Clerk.


		II
		111th CONGRESS
		2d Session
		S. 3399
		IN THE SENATE OF THE UNITED
		  STATES

			May 24, 2010
			Ms. Snowe (for herself
			 and Mrs. Gillibrand) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Small Business and
			 Entrepreneurship

		A BILL
		To remove the limit on the anticipated
		  award price for contracts awarded under the procurement program for women-owned
		  small business concerns, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fairness in Women-Owned Small Business
			 Contracting Act of 2010.
		2.Procurement program for women-owned small
			 business concernsSection 8(m)
			 of the Small Business Act (15 U.S.C. 637(m)) is amended—
			(1)in paragraph (2)—
				(A)in subparagraph (A), by striking who
			 are economically disadvantaged;
				(B)in subparagraph (C), by striking
			 paragraph (3) and inserting paragraph (4);
				(C)by striking subparagraph (D); and
				(D)by redesignating subparagraphs (E) and (F)
			 as subparagraphs (D) and (E), respectively; and
				(2)by adding at the end the following:

					(7)Sole source contractsA contracting officer may award a sole
				source contract under this subsection to a small business concern owned and
				controlled by women under the same conditions as a sole source contract may be
				awarded to a qualified HUBZone small business concern under section
				31(b)(2)(A).
					.
			3.Study and report on representation of
			 womenSection 29 of the Small
			 Business Act (15 U.S.C. 656) is amended by adding at the end the
			 following:

				(o)Study and report on representation of
				women
					(1)StudyThe Administrator shall periodically
				conduct a study to identify any United States industry, as defined under the
				North American Industry Classification System, in which women are
				underrepresented.
					(2)ReportNot later than 5 years after the date of
				enactment of this subsection, and every 5 years thereafter, the Administrator
				shall submit to the Committee on Small Business and Entrepreneurship of the
				Senate and the Committee on Small Business of the House of Representatives a
				report on the results of each study under paragraph (1) conducted during the
				5-year period ending on the date of the
				report.
					.


113 HR 263 IH: National Fish and Wildlife Foundation Reauthorization Act of 2013
U.S. House of Representatives
2013-01-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 263
		IN THE HOUSE OF REPRESENTATIVES

			January 15, 2013
			Mr. Grimm (for
			 himself and Mr. Dingell) introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To reauthorize and amend the National Fish and Wildlife
		  Foundation Establishment Act.

		1.Short titleThis Act may be cited as the
			 National Fish and Wildlife Foundation
			 Reauthorization Act of 2013.
		2.Board of
			 directors of the Foundation
			(a)In
			 generalSection 3 of the National Fish and Wildlife Foundation
			 Establishment Act (16 U.S.C. 3702) is amended—
				(1)in subsection
			 (b)—
					(A)by striking
			 paragraph (2) and inserting the following:

							(2)In
				generalAfter consulting with the Secretary of Commerce and
				considering the recommendations submitted by the Board, the Secretary of the
				Interior shall appoint 28 Directors who, to the maximum extent practicable,
				shall—
								(A)be knowledgeable
				and experienced in matters relating to conservation of fish, wildlife, or other
				natural resources; and
								(B)represent a
				balance of expertise in ocean, coastal, freshwater, and terrestrial resource
				conservation.
								;
				and
					(B)by striking
			 paragraph (3) and inserting the following:

							(3)TermsEach
				Director (other than a Director described in paragraph (1)) shall be appointed
				for a term of 6 years.
							;
				and
					(2)in subsection
			 (g)(2)—
					(A)in subparagraph
			 (A), by striking (A) Officers and employees may not be appointed until
			 the Foundation has sufficient funds to pay them for their service.
			 Officers and inserting the following:

							(A)In
				generalOfficers
							;
				and
					(B)by striking
			 subparagraph (B) and inserting the following:

							(B)Executive
				DirectorThe Foundation shall have an Executive Director who
				shall be—
								(i)appointed by, and
				serve at the direction of, the Board as the chief executive officer of the
				Foundation; and
								(ii)knowledgeable and
				experienced in matters relating to fish and wildlife
				conservation.
								.
					(b)Conforming
			 amendmentSection 4(a)(1)(B) of the North American Wetlands
			 Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking
			 Secretary of the Board and inserting Executive Director
			 of the Board.
			3.Rights and
			 obligations of the FoundationSection 4 of the National Fish and Wildlife
			 Foundation Establishment Act (16 U.S.C. 3703) is amended—
			(1)in subsection
			 (c)—
				(A)by striking
			 (c) Powers.—To carry out its purposes under
			 and inserting the following:

						(c)Powers
							(1)In
				generalTo carry out the purposes described
				in
							;
				(B)by redesignating
			 paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and
			 indenting appropriately;
				(C)in subparagraph
			 (D) (as redesignated by subparagraph (B)), by striking that are insured
			 by an agency or instrumentality of the United States and inserting
			 at 1 or more financial institutions that are members of the Federal
			 Deposit Insurance Corporation or the Securities Investment Protection
			 Corporation;
				(D)in subparagraph
			 (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or
			 (4) and inserting subparagraph (C) or (D);
				(E)in subparagraph
			 (J) (as redesignated by subparagraph (B)), by striking ; and and
			 inserting a semicolon;
				(F)by striking
			 subparagraph (K) (as redesignated by subparagraph (B)) and inserting the
			 following:

						(K)to receive and
				administer restitution and community service payments, amounts for mitigation
				of impacts to natural resources, and other amounts arising from legal,
				regulatory, or administrative proceedings, subject to the condition that the
				amounts are received or administered for purposes that further the conservation
				and management of fish, wildlife, plants, and other natural resources;
				and
						(L)to do any and all
				acts necessary and proper to carry out the purposes of the
				Foundation.
						;
				and
				(G)by striking the
			 undesignated matter at the end and inserting the following:

						(2)Treatment of
				real property
							(A)In
				generalFor purposes of this Act, an interest in real property
				shall be treated as including easements or other rights for preservation,
				conservation, protection, or enhancement by and for the public of natural,
				scenic, historic, scientific, educational, inspirational, or recreational
				resources.
							(B)Encumbered real
				propertyA gift, devise, or bequest may be accepted by the
				Foundation even though the gift, devise, or bequest is encumbered, restricted,
				or subject to beneficial interests of private persons if any current or future
				interest in the gift, devise, or bequest is for the benefit of the
				Foundation.
							(3)Savings
				clauseThe acceptance and administration of amounts by the
				Foundation under paragraph (1)(K) does not alter, supersede, or limit any
				regulatory or statutory requirement associated with those
				amounts.
						;

				(2)by striking
			 subsections (f) and (g); and
			(3)by redesignating
			 subsections (h) and (i) as subsections (f) and (g), respectively.
			4.Authorization of
			 appropriationsSection 10 of
			 the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
			 amended—
			(1)in subsection (a),
			 by striking paragraph (1) and inserting the following:

					(1)In
				generalThere are authorized to be appropriated to carry out this
				Act for each of fiscal years 2014 through 2019—
						(A)$15,000,000 to the
				Secretary of the Interior;
						(B)$5,000,000 to the
				Secretary of Agriculture; and
						(C)$5,000,000 to the
				Secretary of
				Commerce.
						;
			(2)in subsection
			 (b)—
				(A)by striking
			 paragraph (1) and inserting the following:

						(1)Amounts from
				Federal agencies
							(A)In
				generalIn addition to the amounts authorized to be appropriated
				under subsection (a), Federal departments, agencies, or instrumentalities may
				provide Federal funds to the Foundation, subject to the condition that the
				amounts are used for purposes that further the conservation and management of
				fish, wildlife, plants, and other natural resources in accordance with this
				Act.
							(B)AdvancesFederal
				departments, agencies, or instrumentalities may advance amounts described in
				subparagraph (A) to the Foundation in a lump sum without regard to when the
				expenses for which the amounts are used are incurred.
							(C)Management
				feesThe Foundation may assess and collect fees for the
				management of amounts received under this
				paragraph.
							;
				(B)in paragraph
			 (2)—
					(i)in
			 the paragraph heading, by striking funds and inserting amounts;
					(ii)by
			 striking shall be used and inserting may be used;
			 and
					(iii)by
			 striking and State and local government agencies and inserting
			 , State and local government agencies, and other entities;
			 and
					(C)by adding at the
			 end the following:

						(3)Administration
				of amounts
							(A)In
				generalIn entering into contracts, agreements, or other
				partnerships pursuant to this Act, a Federal department, agency, or
				instrumentality shall have discretion to waive any competitive process of that
				department, agency, or instrumentality for entering into contracts, agreements,
				or partnerships with the Foundation if the purpose of the waiver is—
								(i)to
				address an environmental emergency resulting from a natural or other disaster;
				or
								(ii)as determined by
				the head of the applicable Federal department, agency, or instrumentality, to
				reduce administrative expenses and expedite the conservation and management of
				fish, wildlife, plants, and other natural resources.
								(B)ReportsThe
				Foundation shall include in the annual report submitted under section 7(b) a
				description of any use of the authority under subparagraph (A) by a Federal
				department, agency, or instrumentality in that fiscal
				year.
							; and

				(3)by adding at the
			 end the following:

					(d)Use of gifts,
				devises, or bequests of money or other propertyAny gifts,
				devises, or bequests of amounts or other property, or any other amounts or
				other property, transferred to, deposited with, or otherwise in the possession
				of the Foundation pursuant to this Act, may be made available by the Foundation
				to Federal departments, agencies, or instrumentalities and may be accepted and
				expended (or the disposition of the amounts or property directed), without
				further appropriation, by those Federal departments, agencies, or
				instrumentalities, subject to the condition that the amounts or property be
				used for purposes that further the conservation and management of fish,
				wildlife, plants, and other natural
				resources.
					.
			5.Limitation on
			 authoritySection 11 of the
			 National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is
			 amended by inserting exclusive before
			 authority.


IV
111th CONGRESS
2d Session
H. RES. 1576
In the House of Representatives, U. S.,

December 2, 2010

RESOLUTION
Expressing the sense of the House of Representatives that a National Day of Recognition for Parents of Children with Special Needs should be established.

Whereas the reported prevalence of children with special needs, which may include children with healthcare needs, behavioral needs, learning needs, and mental health needs, has grown significantly throughout the last 50 years;
Whereas the Centers for Disease Control and Prevention estimates that an average of 1 in 110 children in the United States have an autism spectrum disorder and 1 in 1000 children are born with Down syndrome;
Whereas active and supportive parents serve a critical role in the development of children with special needs and in preparing them to succeed in school and in life;
Whereas parents of children with special needs deserve annual national recognition for their selfless dedication, compassion, and sacrifice; and
Whereas it is appropriate that the Nation reserve a special day each year to celebrate and honor the parents of children with special needs across the United States: Now, therefore, be it

That the House of Representatives—
(1)recognizes the importance of honoring the Nation’s parents of children with special needs;
(2)expresses its sense that a National Day of Recognition for Parents of Children with Special Needs should be established to honor such parents; and
(3)urges the President to issue a proclamation calling on the people of the United States to observe such a day with appropriate ceremonies, programs, and activities.

Lorraine C. Miller,Clerk.


115 HRES 866 IH: Expressing the sense of the House of Representatives concerning negotiations with North Korea.
U.S. House of Representatives
2018-05-01
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.

IV115th CONGRESS2d SessionH. RES. 866IN THE HOUSE OF REPRESENTATIVESMay 1, 2018Mr. Brendan F. Boyle of Pennsylvania submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONExpressing the sense of the House of Representatives concerning negotiations with North Korea.

 Whereas the leadership of the Democratic People’s Republic of Korea (DPRK), including its current heir, Kim Jong Un, has committed grave atrocities against its own people and acts of aggression against its neighbors;
 Whereas up to 120,000 are estimated to be imprisoned in brutal North Korean gulags, political prison camps known as the kwan-li-so;
 Whereas the United Nations Commission of Inquiry on Human Rights in North Korea concluded in 2014 that Kim Jong Un and DPRK leadership was perpetrating unspeakable atrocities against its own people on a vast scale and committed widespread, systematic, and gross violations that amount to crimes against humanity;
 Whereas the Chair of the Commission called these atrocities strikingly similar to crimes committed by Nazi Germany in World War II, including execution, enslavement, starvation, rape, and forced abortion, and warned Kim Jong Un of his own personal culpability in a special letter attached to the report;
 Whereas under Kim Jong Un’s leadership, there are reports of newborn babies in prison being fed to guard dogs, punishment and possible execution of starving prisoners caught digging for edible plants, and forced abortions;
 Whereas the Commission stated that persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion, and other forms of sexual violence;
 Whereas the Commission further observed that many [North Korean] suspects die … as a result of torture, deliberate starvation, or illnesses developed or aggravated by the terrible living conditions;
 Whereas according to the Commission, Kim Jong Un continues allocating a significant amount of the state’s resources for the purchase and importation of luxury goods and diverting state funds to North Korea’s nuclear and military programs, while a majority of North Korea’s population suffers;
 Whereas according to the Commission, crimes against humanity in North Korea have been committed pursuant to policies at the highest level of the state; Whereas Kim Jong Un, after taking over the leadership of North Korea, launched political purges, encompassing relatives, including his uncle and half-brother, who was murdered by a chemical weapon in Malaysia in 2017;
 Whereas Otto Warmbier, a 22-year-old American college student, was brutally tortured by the North Korean regime under Kim Jong Un and died shortly after his release from North Korea;
 Whereas Kim Jong Un has expanded an illicit nuclear weapons program and directly threatened the United States and its allies;
 Whereas the strength of the United States stems from its values and principles; Whereas the National Security Strategy of 2017 states that the America’s values and influence, underwritten by American power, make the world more free, secure, and prosperous, and [W]e will never lose sight of our values and their capacity to inspire, uplift, and renew.: Now, therefore, be it

 That it is the sense of the House of Representatives that— (1)President Trump’s statement on April 26, 2018, that Kim Jong Un is an honorable man is an affront to American values and grossly inconsistent with the reality in North Korea and the President’s own public statements about the nature of the regime; and
 (2)President Trump should ensure that any negotiations with North Korea—and United States policy towards North Korea, generally—incorporate United States values, including concern for human rights and the welfare of the North Korean people.


115 HR 7063 IH: Liver Illness Visibility, Education, and Research Act of 2018
U.S. House of Representatives
2018-10-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7063IN THE HOUSE OF REPRESENTATIVESOctober 12, 2018Ms. Velázquez (for herself, Ms. Clarke of New York, Mr. Vela, Mr. Meeks, Mr. Carson of Indiana, Ms. Meng, Mr. Espaillat, Ms. Jayapal, Ms. Norton, Ms. Hanabusa, Mr. Thompson of Mississippi, Ms. Gabbard, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to provide for and support liver illness visibility,
			 education, and research, and for other purposes.

 1.Short titleThis Act may be cited as the Liver Illness Visibility, Education, and Research Act of 2018. 2.FindingsCongress finds the following:
 (1)Liver cancer is the fastest-growing cause of cancer death in the United States and among the leading causes of cancer deaths globally.
 (2)In 2018, approximately 42,220 people in the United States will be diagnosed with primary liver cancer, and approximately 30,200 will die from the disease.
 (3)Liver cancer is a leading cause of cancer death among the Asian-American and Pacific Islander community.
 (4)The most vulnerable Asian-Americans are those who are foreign-born, low-income, and living in ethnic enclaves.
 (5)Asian and Pacific Islander men and women are more than twice as likely to develop liver cancer compared to the non-Hispanic White population.
 (6)Among the Asian and Pacific Islander population, the higher incidence rate of liver cancer is partially explained by higher incidence rates of Hepatitis B and diabetes, which are comorbidities shown to increase an individual’s risk of developing liver cancer.
 (7)The most common causes of liver cancer include Hepatitis B virus and Hepatitis C virus infection. (8)Hepatitis B is a primary risk factor for developing liver cancer, and 1 in 4 of those chronically infected with hepatitis B develop cirrhosis, liver failure, or liver cancer.
 (9)Half of all individuals with hepatitis B in the United States are Asian-American or Pacific Islander, though this group accounts for only 5 percent of the U.S. population.
 (10)Among African immigrants in the United States, the prevalence of hepatitis B infection is approximately 1 in 10, and African immigrants make up 30 percent of those with chronic hepatitis B infection in the United States.
 (11)Among Hispanic/Latino communities, liver cancer incidence and death rates are twice as high compared to the non-Hispanic White population.
 (12)Hispanics/Latinos are 60 percent more likely to die from viral hepatitis than non-Hispanic Whites. 3.Liver cancer and disease researchSubpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following new section:

				417H.Liver cancer and disease research
 (a)Expansion and coordination of activitiesThe Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on liver cancer and other liver diseases.
 (b)Programs for liver cancerIn carrying out subsection (a), the Director of the Institute shall— (1)provide for an expansion and intensification of the conduct and support of—
 (A)basic research concerning the etiology and causes of liver cancer; (B)clinical research and related activities concerning the causes, prevention, detection, and treatment of liver cancer;
 (C)control programs with respect to liver cancer, in accordance with section 412, including community-based programs designed to assist members of medically underserved populations (including women), low-income populations, or minority groups; and
 (D)information and education programs with respect to liver cancer, in accordance with section 413; (2)issue targeted calls for proposals from research scientists for purposes of funding priority areas of liver cancer research;
 (3)establish a special emphasis panel (as defined by the National Institutes of Health) to review any proposal submitted pursuant to paragraph (2); and
 (4)based on reviews by the special emphasis panel under paragraph (3), select which proposals to fund or support.
 (c)Inter-Institute working groupThe Director of the Institute shall establish an inter-institute working group to coordinate research agendas focused on finding better outcomes and cures for liver cancer and other liver diseases, including hepatitis B.
					(d)Grants and cooperative agreements
 (1)In generalThe Secretary may award grants and enter into cooperative agreements with entities for the purpose of expanding and supporting research on—
 (A)conditions known to increase an individual’s risk of developing a major liver disease, such as liver cancer, hepatitis B, hepatitis C, nonalcoholic fatty liver disease, and cirrhosis of the liver; and
 (B)opportunities for preventative and diagnostic measures for such a disease, including the study of molecular pathology and biomarkers for early detection of such disease.
 (2)Experimental treatment and preventionIn the case of an entity that is a hospital or a health care facility, the Secretary may award a grant or enter into a cooperative agreement with such an entity for the purpose of supporting an experimental treatment or prevention program for liver cancer carried out by such entity.
 (3)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $45,000,000 for each of fiscal years 2019 through 2023. Any amounts appropriated under this paragraph shall remain available until expended.
						.
 4.Liver cancer and disease prevention and awareness grantsSubpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following new section:

				330N.Liver cancer and disease prevention and awareness grants
					(a)Prevention initiative grant program
 (1)In generalThe Secretary, through the Director of the Centers for Disease Control and Prevention, may award grants and enter into cooperative agreements with entities for the purpose of expanding and supporting—
 (A)prevention activities (including providing screenings, vaccinations, or other preventative treatment) for conditions known to increase an individual’s risk of developing a major liver disease, such as liver cancer, hepatitis B, hepatitis C, nonalcoholic fatty liver disease, and cirrhosis of the liver; and
 (B)activities relating to surveillance, diagnostics, and provision of guidance for individuals at high risk for contracting liver cancer and other liver diseases.
 (2)ReportAn entity that receives a grant or cooperative agreement under paragraph (1) shall submit to the Secretary, at a time specified by the Secretary, a report describing each activity carried out pursuant to such paragraph and evaluating the effectiveness of such activity in promoting prevention and treatment of liver cancer and other liver diseases.
 (3)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $90,000,000 for each of fiscal years 2019 through 2023. Any amounts appropriated under this paragraph shall remain available until expended and shall be used to supplement and not supplant other Federal funds provided for activities under this subsection.
						(b)Awareness initiative grant program
 (1)In generalThe Secretary, through the Director of the Centers for Disease Control and Prevention, may award grants to eligible entities for the purpose of raising awareness for liver cancer and other liver diseases, which may include the production, dissemination, and distribution of informational materials targeted towards communities and populations with a higher risk for developing liver cancer and other liver diseases.
 (2)Eligible entitiesTo be eligible to receive a grant under paragraph (1), an entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of how the entity, in disseminating information on liver cancer and other liver diseases pursuant to paragraph (1), will—
 (A)with respect to any community or population, consult with members of such community or population and provide such information in a manner that is culturally and linguistically appropriate for such community or population;
 (B)highlight the range of treatments available for liver cancer and other liver diseases; (C)integrate information on available hepatitis B and hepatitis C testing programs into any liver cancer presentations carried out by the entity; and
 (D)target communities and populations with a higher risk for contracting liver cancer and other liver diseases.
 (3)PreferenceIn awarding grants under paragraph (1), the Secretary shall give preference to entities that— (A)are, or work with, a Federally qualified health center; or
 (B)are community-based organizations. (4)ReportAn entity that receives a grant under paragraph (1) shall submit to the Secretary, at a time specified by the Secretary, a report describing each activity carried out pursuant to such paragraph and evaluating the effectiveness of such activity in raising awareness for liver cancer and other liver diseases.
 (5)Authorization of appropriationsFor purposes of carrying out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2023. Any amounts appropriated under this paragraph shall remain available until expended and shall be used to supplement and not supplant other Federal funds provided for activities under this subsection..
 5.Hepatitis B researchSubpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by adding at the end the following new section:

 434B.Hepatitis BThe Director of the Institute shall, in collaboration with the Director of the National Institute of Allergy and Infectious Diseases, issue targeted calls for hepatitis B research proposals focused on key research questions identified by the research community and discussed in peer-reviewed research journal articles..
		6.Changes relating to National Institute of Diabetes and Digestive and Kidney Diseases
			(a)Change of name of National Institute of Diabetes and Digestive and Kidney Diseases
 (1)In generalSubpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended in the subpart heading by striking National Institute of Diabetes and Digestive and Kidney Diseases and inserting National Institute of Diabetes and Digestive, Kidney, and Liver Diseases.
 (2)Treatment of Director of National Institute of Diabetes and Digestive and Kidney DiseasesThe individual serving as the Director of the National Institute of Diabetes and Digestive and Kidney Diseases as of the date of enactment of this Act may continue to serve as the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases commencing as of that date.
 (3)ReferencesAny reference to the National Institute of Diabetes and Digestive and Kidney Diseases, or the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, in any law, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, or the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, respectively.
				(4)Conforming amendments
 (A)Section 401(b)(3) of the Public Health Service Act (42 U.S.C. 281(b)(3)) is amended by striking The National Institute of Diabetes and Digestive and Kidney Diseases. and inserting The National Institute of Diabetes and Digestive, Kidney, and Liver Diseases.. (B)Section 409A(a) of the Public Health Service Act (42 U.S.C. 284e(a)) is amended by striking the National Institute of Diabetes and Digestive and Kidney Diseases and inserting the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases.
 (b)Purpose of the InstituteSection 426 of the Public Health Service Act (42 U.S.C. 285c) is amended— (1)by striking National Institute of Diabetes and Digestive and Kidney Diseases and inserting National Institute of Diabetes and Digestive, Kidney, and Liver Diseases; and
 (2)by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases. (c)Data systems and information clearinghousesSection 427 of the Public Health Service Act (42 U.S.C. 285c–1) is amended by adding at the end the following new subsection:

 (d)The Director of the Institute shall (1) establish the National Liver Diseases Data System for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with liver diseases, including, where possible, data involving general populations for the purpose of detection of individuals with a risk of developing liver diseases, and (2) establish the National Liver Diseases Information Clearinghouse to facilitate and enhance knowledge and understanding of liver diseases on the part of health professionals, patients, and the public through the effective dissemination of information..
			(d)Reestablishment of Liver Disease Research Branch within Division of Digestive Diseases and
			 Nutrition as Division of Liver Diseases
 (1)In generalThe Liver Disease Research Branch within the Division of Digestive Diseases and Nutrition of the National Institute of Diabetes and Digestive and Kidney Diseases (referred to in this subsection as the Liver Disease Research Branch) is hereby redesignated and promoted as the Division of Liver Diseases, which shall be within the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases, as redesignated by subsection (a), as a separate division from the other divisions within such Institute.
 (2)Division DirectorSection 428 of the Public Health Service Act (42 U.S.C. 285c–2) is amended— (A)in the section heading, by striking Division directors for diabetes, endocrinology, and metabolic diseases, digestive diseases and nutrition, and kidney, urologic, and hematologic diseases and inserting Division directors for diabetes, endocrinology, and metabolic diseases, digestive diseases and nutrition, kidney, urologic, and hematologic diseases, and liver diseases;
 (B)in subsection (a)(1)— (i)in the matter preceding subparagraph (A), by striking and a Division Director for Kidney, Urologic, and Hematologic Diseases and inserting a Division Director for Kidney, Urologic, and Hematologic Diseases, and a Division Director for Liver Diseases; and
 (ii)in subparagraph (A), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases; and (C)in subsection (b)—
 (i)in the matter preceding paragraph (1), by striking and the Division Director for Kidney, Urologic, and Hematologic Diseases and inserting the Division Director for Kidney, Urologic, and Hematologic Diseases, and the Division Director for Liver Diseases; and
 (ii)in paragraph (1), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases. (3)Treatment of Director of Liver Disease Research BranchThe individual serving as the Director of the Liver Disease Research Branch as of the date of enactment of this Act may continue to serve as the Division Director for Liver Diseases commencing as of that date.
 (4)Transfer of authoritiesThe Secretary of Health and Human Services shall delegate to the Division Director for Liver Diseases all duties and authorities that were vested in the Director of the Liver Disease Research Branch as of the day before the date of enactment of this Act.
 (5)ReferencesAny reference to the Liver Disease Research Branch, or the Director of the Liver Disease Research Branch, in any law, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the Division of Liver Diseases, or the Division Director for Liver Diseases, respectively.
 (e)Interagency coordinating committeesSection 429(a) of the Public Health Service Act (42 U.S.C. 285c–3(a)) is amended— (1)in paragraph (1), by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases; and
 (2)in the matter following paragraph (2), by striking and a Kidney, Urologic, and Hematologic Diseases Coordinating Committee and inserting a Kidney, Urologic, and Hematologic Diseases Coordinating Committee, and a Liver Diseases Coordinating Committee.
 (f)Advisory boardsSection 430 of the Public Health Service Act (42 U.S.C. 285c–4) is amended— (1)in subsection (a), by striking and the National Kidney and Urologic Diseases Advisory Board and inserting the National Kidney and Urologic Diseases Advisory Board, and the Liver Diseases Advisory Board; and
 (2)in subsection (b)(2)(A)(i)— (A)by striking the Director of the National Institute of Diabetes and Digestive and Kidney Diseases and inserting the Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases; and
 (B)by striking and the Division Director of the National Institute of Diabetes and Digestive and Kidney Diseases and inserting and the Division Director of the National Institute of Diabetes and Digestive, Kidney, and Liver Diseases.
 (g)Research and training centersSection 431 of the Public Health Service Act (42 U.S.C. 285c–5) is amended— (1)by redesignating subsection (e) as subsection (f); and
 (2)by inserting after subsection (d) the following new subsection:  (e)The Director of the Institute shall provide for the development or substantial expansion of centers for research in liver diseases. Each center developed or expanded under this subsection—
 (1)shall utilize the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such research qualifications as may be prescribed by the Secretary;
 (2)shall develop and conduct basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of liver diseases and related functional, congenital, metabolic, or other complications resulting from such diseases;
 (3)shall encourage research into and programs for— (A)providing information for patients with such diseases and complications and the families of such patients, physicians and others who care for such patients, and the general public;
 (B)model programs for cost effective and preventive patient care; and (C)training physicians and scientists in research on such diseases and complications; and
 (4)may perform research and participate in epidemiological studies and data collection relevant to liver diseases in order to disseminate such research, studies, and data to the health care profession and to the public..
 (h)Advisory council subcommitteesSection 432 of the Public Health Service Act (42 U.S.C. 285c–6) is amended— (1)by striking and a subcommittee on kidney, urologic, and hematologic diseases and inserting a subcommittee on kidney, urologic, and hematologic diseases, and a subcommittee on liver diseases; and
 (2)by striking and kidney, urologic, and hematologic diseases and inserting kidney, urologic, and hematologic diseases, and liver diseases.


		II
		111th CONGRESS
		1st Session
		S. 584
		IN THE SENATE OF THE UNITED STATES

			March 12, 2009
			Mr. Harkin (for himself
			 and Mr. Carper) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To ensure that all users of the transportation system,
		  including pedestrians, bicyclists, transit users, children, older individuals,
		  and individuals with disabilities, are able to travel safely and conveniently
		  on and across federally funded streets and highways.

		1.Short titleThis Act may be cited as the
			 Complete Streets Act of
			 2009.
		2.DefinitionsIn this Act:
			(1)Complete
			 streetThe term complete street means a roadway that
			 accommodates all travelers, particularly public transit users, bicyclists,
			 pedestrians (including individuals of all ages and individuals with mobility,
			 sensory, neurological, or hidden disabilities), and motorists, to enable all
			 travelers to use the roadway safely and efficiently.
			(2)Complete
			 streets policy; complete streets principleThe terms
			 complete streets policy and complete streets
			 principle mean a transportation law, policy, or principle at the local,
			 State, regional, or Federal level that ensures—
				(A)the adequate
			 accommodation, in all phases of project planning and development, of all users
			 of the transportation system, including pedestrians, bicyclists, public transit
			 users, children, older individuals, motorists, and individuals with
			 disabilities; and
				(B)the consideration
			 of the safety and convenience of all users in all phases of project planning
			 and development.
				(3)Local
			 jurisdictionThe term local jurisdiction means any
			 unit of local government.
			(4)Metropolitan
			 planning organizationThe term metropolitan planning
			 organization has the meaning given the term in section 134(b) of title
			 23, United States Code.
			(5)RoadwayThe
			 term roadway means—
				(A)the defined
			 Federal functional classification roadway system;
				(B)a roadway system
			 for which funds are provided under the equity bonus program under section 105
			 of title 23, United States Code; and
				(C)each bridge
			 structure providing a connection for such a roadway system.
				(6)SecretaryThe
			 term Secretary means the Secretary of Transportation.
			(7)Senior
			 managerThe term senior manager means—
				(A)the director of a
			 State department of transportation (or a designee);
				(B)the director of a
			 metropolitan planning organization (or a designee); and
				(C)the director of a
			 regional, county, or city transportation agency that is primarily responsible
			 for planning and approval of transportation projects (or a designee).
				(8)Transportation
			 improvement programThe term transportation improvement
			 program has the meaning given the term TIP in section
			 134(b) of title 23, United States Code.
			3.Complete streets
			 policy requirement
			(a)Law or
			 policyNot later than October 1 of the fiscal year that begins 2
			 years after the date of enactment of this Act each State and metropolitan
			 planning organization shall have in effect—
				(1)in the case of a
			 State—
					(A)a law requiring
			 that, beginning on the effective date of the State law, all transportation
			 projects in the State shall accommodate the safety and convenience of all users
			 in accordance with complete streets principles; or
					(B)an explicit State
			 department of transportation policy that, beginning on the effective date of
			 the policy, all transportation projects in the State shall accommodate the
			 safety and convenience of all users in accordance with complete streets
			 principles; and
					(2)in the case of a
			 metropolitan planning organization, an explicit statement of policy that,
			 beginning on the effective date of the policy, all transportation projects
			 under the jurisdiction of the metropolitan planning organization shall
			 accommodate the safety and convenience of all users in accordance with complete
			 streets principles.
				(b)Inclusions
				(1)In
			 generalA law or policy described in subsection (a) shall—
					(A)apply to each
			 federally funded project of each State department of transportation or
			 metropolitan planning organization transportation improvement program;
					(B)include a
			 statement that each project under the transportation improvement program makes
			 streets or affected rights-of-way accessible to users of all ages and
			 abilities, including pedestrians, bicyclists, transit vehicles and users, and
			 motorists;
					(C)except as
			 provided in paragraph (2), apply to new road construction and road modification
			 projects, including design, planning, construction, reconstruction,
			 rehabilitation, maintenance, and operations, for the entire
			 right-of-way;
					(D)indicate that
			 improvements for the safe and convenient travel by pedestrians or bicyclists on
			 or across streets shall be fully assessed, considered, and documented as a
			 routine element of pavement resurfacing projects;
					(E)delineate a clear
			 procedure by which transportation improvement projects may be exempted from
			 complying with complete streets principles, which shall require—
						(i)approval by the
			 appropriate senior manager, in accordance with subsection (d)(2); and
						(ii)documentation,
			 with supporting data, that indicates the basis for such an exemption;
						(F)comply with
			 up-to-date design standards, particularly standards relating to providing
			 access for individuals with disabilities;
					(G)require that
			 complete streets principles be applied in due consideration of the urban,
			 suburban, or rural context in which a project is located; and
					(H)include a list of
			 performance standards with measurable outcomes to ensure that the
			 transportation improvement program adheres to complete streets
			 principles.
					(2)ExceptionA
			 law or policy described in subsection (a) shall not apply to a new road
			 construction or modification project for which, as of the effective date of the
			 law or policy, at least 30 percent of the design phase is completed.
				(c)PromotionEach
			 State department of transportation and metropolitan planning organization shall
			 promote the development of complete streets policies in applicable local
			 jurisdictions.
			(d)Exemption
			 requirements and proceduresA law or policy described in
			 subsection (a) shall allow for a project-specific exemption from an applicable
			 complete streets policy only if—
				(1)(A)an affected roadway
			 prohibits, by law, use of the roadway by specified users, in which case a
			 greater effort shall be made to accommodate those specified users elsewhere,
			 including on roadways that cross or otherwise intersect with the affected
			 roadway;
					(B)the cost to the exempted project in
			 achieving compliance with the applicable complete streets policy would be
			 excessively disproportionate (as defined in the 2001 Department of
			 Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as
			 compared to the need or probable use of a particular complete street; or
					(C)the existing and planned population
			 and employment densities or level of transit service around a particular
			 roadway is so low, as determined by the Secretary, that there is a documented
			 absence of a need to implement the applicable complete streets policy;
			 and
					(2)the
			 project-specific exemption is approved by—
					(A)a senior manager
			 of the metropolitan planning organization that approved the transportation
			 improvement program containing the exempted project;
					(B)a senior manager
			 of the relevant State department of transportation; or
					(C)in the case of a
			 project for which neither the metropolitan planning organization nor the State
			 department of transportation is the agency with primary transportation planning
			 authority, a senior manager of the regional, county, or city agency responsible
			 for planning and approval of the project.
					(e)IntegrationEach
			 State department of transportation and metropolitan planning organization
			 implementing a complete streets policy shall incorporate complete streets
			 principles into all aspects of the transportation project development,
			 programming, and delivery process, including project planning and
			 identification, scoping procedures, design approvals, design manuals, and
			 performance measures.
			(f)Reports
				(1)In
			 generalEach State department of transportation shall submit to
			 the Secretary a report describing the implementation by the State of measures
			 to achieve compliance with the requirements of this section, at such time, in
			 such manner, and containing such information as the Secretary may
			 require.
				(2)Determination
			 by SecretaryOn receipt of a report under paragraph (1), the
			 Secretary shall determine whether the applicable State has achieved compliance
			 with the requirements of this section.
				4.User access and
			 considerationSection 217 of
			 title 23, United States Code, is amended by striking subsection (g) and
			 inserting the following:

				(g)Planning and
				design
					(1)In
				generalSubject to paragraph (4), all users shall be given due
				consideration in each comprehensive transportation plan developed by a
				metropolitan planning organization or a State in accordance with section 134 or
				135, respectively.
					(2)Access for all
				usersSubject to paragraph (4), each project for new construction
				or reconstruction of a transportation facility shall include consideration of
				appropriate bicycle transportation facilities, pedestrian walkways, and safe
				access to existing and planned public transportation, except in any case in
				which bicycle or pedestrian use is not permitted.
					(3)Safety
				considerationsSubject to paragraph (4), each transportation plan
				and project shall provide due consideration for safety and contiguous routes
				for all users, including—
						(A)safe access to
				transit stops and facilities; and
						(B)the installation,
				where appropriate, and maintenance of audible traffic signals and signs at
				street crossings.
						(4)ExemptionsA
				transportation plan or project may receive an exemption from an applicable
				requirement under paragraph (1), (2), or (3) only if—
						(A)(i)a roadway affected by
				the transportation plan or project prohibits, by law, use of the roadway by
				specified users, in which case a greater effort shall be made to accommodate
				those specified users elsewhere, including on roadways that cross or otherwise
				intersect with the affected roadway;
							(ii)the cost to the exempted
				transportation plan or project in achieving compliance with the requirement
				would be excessively disproportionate (as defined in the 2001 Department of
				Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as
				compared to the need or probable use of a roadway affected by the
				transportation plan or project; or
							(iii)the existing and planned
				population and employment densities or level of transit service around a
				particular roadway affected by the transportation plan or project is so low, as
				determined by the Secretary, that there is a documented absence of a need to
				implement the applicable requirement; and
							(B)the exemption is
				approved by—
							(i)a
				senior manager of the metropolitan planning organization that approved the
				transportation plan or project;
							(ii)a senior manager
				of the relevant State department of transportation; or
							(iii)in the case of
				a transportation plan or project for which neither the metropolitan planning
				organization nor the State department of transportation is the agency with
				primary transportation planning authority, a senior manager of the regional,
				county, or city agency responsible for planning and approval of the
				transportation plan or
				project.
							.
		5.Certification
			 and compliance
			(a)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, the Secretary shall establish a method of ensuring compliance by State
			 departments of transportation and metropolitan planning organizations with the
			 requirements of this Act, including a requirement that each State department of
			 transportation and metropolitan planning organization shall submit to the
			 Secretary a report describing—
				(1)each complete
			 streets policy adopted by the State department of transportation or
			 metropolitan planning organization;
				(2)the means of
			 implementation by the State department of transportation or metropolitan
			 planning organization of the complete streets policy; and
				(3)any exemptions
			 provided, and the process for providing an exemption, from the requirements of
			 the complete streets policy of the State department of transportation or
			 metropolitan planning organization.
				(b)ReportNot
			 later than 3 years after the date of enactment of this Act, the Secretary shall
			 submit to Congress a report describing—
				(1)the method
			 established under subsection (a);
				(2)the status of
			 activities for adoption and implementation by State departments of
			 transportation and metropolitan planning organizations of complete streets
			 policies;
				(3)the tools and
			 resources provided by the Secretary to State departments of transportation and
			 metropolitan planning organizations to assist with that adoption and
			 implementation; and
				(4)other measures
			 carried out by the Secretary to encourage the adoption of complete streets
			 policies by local jurisdictions.
				(c)Project
			 certification
				(1)In
			 generalExcept as provided in paragraph (2), each State shall
			 require that each agency with primary design, construction, or financial
			 responsibility for a federally funded project located within the jurisdiction
			 of a transportation improvement program of the State shall—
					(A)review the
			 project at the final design stage to ensure incorporation in the project of
			 each applicable complete streets policy described in section 3; and
					(B)not later than 1
			 year after the date on which the project is opened for public use, submit to
			 the State a certification that the project achieves compliance with each
			 applicable complete streets policy.
					(2)ExceptionsA
			 State may provide an exception to the requirements of paragraph (1) for a
			 project the cost of which is less than an amount to be determined by the
			 Secretary, by regulation.
				(3)Subsequent
			 certificationsDuring the period beginning on the date of
			 submission of the initial certification under paragraph (1) and ending on the
			 date on which construction of the applicable project is completed, when the
			 project undergoes a substantial design change, as determined by the Secretary,
			 each agency described in paragraph (1) shall submit to the State a
			 recertification that the project is in compliance with each applicable complete
			 streets policy.
				6.Safety funding
			 in noncompliant States
			(a)Definition of
			 noncompliant StateIn this
			 section, the term noncompliant State means a State that fails to
			 achieve compliance with the requirements of section 3 by the date described in
			 that section.
			(b)RequirementOf
			 the funds apportioned to a noncompliant State under section 104(b)(3) of title
			 23, United States Code, for the applicable fiscal year, the noncompliant State
			 shall use to carry out a highway safety program under section 402 of title 23,
			 United States Code—
				(1)1 percent for the first fiscal year of
			 noncompliance;
				(2)2 percent for the
			 second fiscal year of noncompliance; and
				(3)3 percent for the
			 third fiscal year of noncompliance and each fiscal year thereafter until the
			 noncompliant State achieves compliance with the requirements of section
			 3.
				7.Accessibility
			 standards
			(a)Final
			 standardsNot later than 1 year after the date of enactment of
			 this Act, the Architectural and Transportation Barriers Compliance Board
			 established by section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C.
			 792(a)(1)) shall promulgate final standards for accessibility of new
			 construction and alteration of pedestrian facilities for public
			 rights-of-way.
			(b)Temporary
			 standardsDuring the period beginning on the date of enactment of
			 this Act and ending on the date on which the Architectural and Transportation
			 Barriers Compliance Board promulgates final standards under subsection (a), a
			 State or metropolitan planning organization shall apply to public
			 rights-of-way—
				(1)the standards for
			 accessible transportation facilities contained in section 37.9 of title 49,
			 Code of Federal Regulations (as in effect on the date of enactment of this
			 Act); or
				(2)if the standards
			 referred to in paragraph (1) do not address, or are inapplicable to, an
			 affected public right-of-way, the revised draft guidelines for accessible
			 public rights-of-way of the Architectural and Transportation Barriers
			 Compliance Board dated November 23, 2005.
				8.Research,
			 technical guidance, and implementation assistance
			(a)Research
				(1)In
			 generalThe Secretary shall conduct research regarding complete
			 streets to assist States, metropolitan planning organizations, and local
			 jurisdictions in developing, adopting, and implementing plans, projects,
			 procedures, policies, and training programs that comply with complete streets
			 principles.
				(2)ParticipationThe
			 Secretary shall solicit participation in the research program under paragraph
			 (1) by—
					(A)the American
			 Association of State Highway and Transportation Officials;
					(B)the Institute of
			 Transportation Engineers;
					(C)the American
			 Public Transportation Association;
					(D)the American
			 Planning Association;
					(E)the National
			 Association of Regional Councils;
					(F)the Association
			 of Metropolitan Planning Organizations;
					(G)representatives
			 of disability, motoring, bicycling, walking, transit user, aging, and air
			 quality organizations; and
					(H)other affected
			 communities.
					(3)RequirementsThe
			 research under paragraph (1) shall—
					(A)be based on the
			 applicable statement of complete streets research needs of the Transportation
			 Research Board, as described in TR Circular E110; and
					(B)seek to develop
			 new areas of inquiry, in addition to that statement.
					(4)Authorization
			 of appropriationsThere is authorized to be appropriated to the
			 Secretary $2,000,000 for each applicable fiscal year to carry out this
			 subsection.
				(b)Benchmarks and
			 guidance
				(1)In
			 generalThe research conducted under subsection (a) shall be
			 designed to result in the establishment of benchmarks and the provision of
			 practical guidance on methods of effectively implementing complete streets
			 policies and complete streets principles that will accommodate all users along
			 a facility or corridor, including vehicles, pedestrians, bicyclists, and
			 transit users.
				(2)FocusThe
			 benchmarks and guidance under paragraph (1) shall—
					(A)focus on
			 modifying scoping, design, and construction procedures to more effectively
			 combine particular methods of use into integrated facilities that meet the
			 needs of each method in an appropriate balance; and
					(B)indicate the
			 expected operational and safety performance of alternative approaches to
			 facility design.
					(c)Technical
			 guidance
				(1)ReportNot
			 later than 15 months after the date of enactment of this Act, the Secretary
			 shall prepare and make available to all States, metropolitan planning
			 organizations, and local jurisdictions a report that describes the best
			 practices by which transportation agencies throughout the United States have
			 implemented complete streets principles in accordance with, or in anticipation
			 of, the requirements of this Act.
				(2)Topics for
			 emphasisIn preparing the report under paragraph (1), the
			 Secretary shall place particular emphasis on the following topics:
					(A)Procedures for
			 identifying the needs of users of all ages and abilities of a particular
			 roadway.
					(B)Procedures for
			 identifying the types and designs of facilities needed to serve each class of
			 users.
					(C)Benefits provided
			 by the implementation of complete streets principles.
					(D)Common barriers
			 to the implementation of complete streets principles.
					(E)Procedures for
			 overcoming the most common barriers to the implementation of complete streets
			 principles.
					(F)Procedures for
			 identifying the costs associated with the implementation of complete streets
			 principles.
					(G)Procedures for
			 maximizing local cooperation in the introduction and implementation of complete
			 streets principles.
					(H)Procedures for
			 assessing and modifying the facilities and operational characteristics of
			 existing roadways to improve consistency with complete streets
			 principles.
					(d)Data
			 collectionIn addition to preparing the report under subsection
			 (c), the Secretary shall collaborate with the Bureau of Transportation
			 Statistics, the Federal Transit Administration, and appropriate committees of
			 the Transportation Research Board—
				(1)to collect data
			 regarding a baseline nonmotorized and transit use survey to be integrated into
			 the National Household Transportation Survey; and
				(2)to develop a
			 survey tool for use by State departments of transportation in identifying the
			 multimodal capacity of State and local roadways.


116 S2950 RS: Veterans Burn Pits Exposure Recognition Act of 2019
U.S. Senate
2020-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 542116th CONGRESS2d SessionS. 2950IN THE SENATE OF THE UNITED STATESNovember 21, 2019Mr. Sullivan (for himself, Mr. Manchin, Mr. Tillis, Ms. Rosen, Mr. Young, Mr. Rounds, Mr. Boozman, Mrs. Blackburn, Ms. Sinema, Mr. Jones, Mrs. Shaheen, Mr. Cardin, Ms. Collins, Ms. Baldwin, Mr. Portman, Mr. Coons, Ms. Murkowski, Mr. Whitehouse, Mr. Crapo, Mr. Van Hollen, Mr. Cornyn, Mr. Wyden, Mr. Risch, Mr. King, Ms. Warren, Mr. Cruz, Ms. Hassan, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsSeptember 15, 2020Reported by Mr. Moran, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 38, United States Code, to concede exposure to airborne hazards and toxins from burn
 pits under certain circumstances, and for other purposes.1.Short titleThis Act may be cited as the Veterans Burn Pits Exposure Recognition Act of 2019.2.Findings; sense of Congress(a)FindingsCongress makes the following findings:(1)The health of some members of the Armed Forces and veterans who served in certain locations, often multiple times, may have been affected by their service near burn pits.(2)Determining the location of burn pits, and the scope of health effects associated to exposure, remains the subject of much investigation and research by the Department of Veterans Affairs, the Department of Defense, other government agencies, and the National Academies of Sciences, Engineering, and Medicine.(3)The locations of burn pits used by the Department of Defense and partnered armed forces, and the possible health effects associated by their use, may never be completely known, as—(A)some location and air and soil quality data is fragmentary; and(B)the research involved with establishing links between burn pit exposure and health conditions by necessity is complex, years in length, and in the end, in some cases, inconclusive.(4)In the interim, though, some veterans have already been adversely affected by their exposure to burn pits, and their claims to certain benefits furnished by the Department of Veterans Affairs can be reviewed on a case-by-case basis.(5)When filing a claim for certain benefits furnished by the Department of Veterans Affairs, the application requires that each veteran show evidence of their exposure to burn pits, however if the evidence of exposure to burn pits is not provided, the claim is often denied.(b)Sense of CongressIt is the sense of Congress that—(1)if it is determined that a veteran was deployed to a covered location during a certain period, the Secretary of Veterans Affairs should concede that the member or veteran was exposed to certain toxins, chemicals, and hazards; and(2)a concession of exposure as described in paragraph (1) should not alone be sufficient to entitle one to health care or disability compensation under laws administered by the Secretary of Veterans Affairs.3.Concession of exposure to airborne hazards and toxins from Department of Defense and partnered
 armed forces burn pits(a)In generalSubchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section:1119.Concession of exposure to airborne hazards and toxins from burn pits(a)In generalFor purposes of section 1110 and chapter 17 of this title, any veteran who, during active military, naval, or air service, was deployed in support of a contingency operation while so serving and as part of such deployment served in a covered location during a corresponding period set forth under subsection (b), shall be considered to have been exposed to the toxins, chemicals, and hazards listed in subsection (c).(b)Covered locations and corresponding periods(1)The covered locations and corresponding periods set forth under this subsection are as follows:(A)Iraq and the following periods:(i)The period beginning on August 2, 1990, and ending on February 28, 1991.(ii)The period beginning on March 19, 2003, and ending on such date as the Secretary determines burn pits are no longer used in Iraq.(B)The Southwest Asia Theater of operations, other than Iraq, and the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following:(i)Kuwait.(ii)Saudi Arabia.(iii)Bahrain.(iv)Oman.(v)Qatar.(vi)United Arab Emirates.(C)Afghanistan and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan.(D)Djibouti and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti.(E)Such other locations as are set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) and corresponding periods set forth in such registry.(F)Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report the Secretary of Veterans Affairs shall submit to Congress not later than two years after the date of the enactment of the Veterans Burn Pits Exposure Recognition Act of 2019 and not less frequently than once every two years thereafter.(2)A location set forth under this subsection shall not include any body of water around or any airspace above such location.(c)Toxins, chemicals, airborne hazards(1)Subject to paragraph (2), the toxins, chemicals, and airborne hazards listed in this subsection are as follows:(A)Particulate matter, including the following:(i)PM-10.(ii)PM-2.5.(B)Polycyclic aromatic hydrocarbons (PAHs), including the following:(i)Acenaphthene.(ii)Acenaphthylene.(iii)Anthracene.(iv)Benzo(a)anthracene.(v)Benzo(a)pyrene.(vi)Benzo(b)fluoroanthene.(vii)Benzo(g,h,i)perylene.(viii)Benzo(k)fluoroanthene.(ix)Chrysene.(x)Dibenz(a,h)anthracene.(xi)Fluoranthene.(xii)Fluorene.(xiii)Indeno(1,2,3-cd)pyrene.(xiv)Naphthalene.(xv)Phenanthrene.(xvi)Pyrene.(C)Volatile organic compounds (VOCs), including the following:(i)Acetone.(ii)Acrolein.(iii)Benzene.(iv)Carbon Disulfide.(v)Chlorodifluoromethane.(vi)Chloromethane.(vii)Ethylbenzene.(viii)Hexane.(ix)Hexachlorobutadiene.(x)m/p-Xylene.(xi)Methylene Chloride.(xii)Pentane.(xiii)Propylene.(xiv)Styrene.(xv)Toluene.(D)Toxic organic halogenated dioxins and furans (dioxins), including the following:(i)1,2,3,4,6,7,8 HPCDD.(ii)1,2,3,4,6,7,8 HPCDF.(iii)1,2,3,4,7,8,9 HPCDF.(iv)1,2,3,4,7,8 HXCDD.(v)1,2,3,4,7,8 HXCDF.(vi)1,2,3,6,7,8 HXCDD.(vii)1,2,3,6,7,8 HXCDF.(viii)1,2,3,7,8,9 HXCDD.(ix)1,2,3,7,8,9 HXCDF.(x)1,2,3,7,8 PECDD.(xi)1,2,3,7,8 PECDF.(xii)2,3,4,6,7,8 HXCDF.(xiii)2,3,4,7,8 PECDF.(xiv)2,3,7,8 TCDD.(xv)2,3,7,8 TCDF.(xvi)octachlorodibenzodioxin.(xvii)octachlorodibenzofuran.(E)Such other toxins, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may add under paragraph (2).(2)The Secretary may add to or remove from the list under paragraph (1) as the Secretary determines appropriate in a report the Secretary shall submit to Congress not later than two years after the date of the enactment of the Veterans Burn Pits Exposure Recognition Act of 2019, and not less frequently than once every two years thereafter.(d)Medical examinations and medical opinions(1)If a veteran described in subsection (a) submits to the Secretary a claim for compensation for a service-connected disability with evidence of a disability and service in a covered location and corresponding period set forth under subsection (b) and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall provide the veteran with a medical examination and the Secretary shall request a medical opinion as to any causal link between the disability and a toxin, chemical, or hazard set listed in subsection (c).(2)When providing the Secretary with a medical opinion requested under paragraph (1), the provider shall consider the total potential exposure through all applicable military deployments, and the synergistic effect of all combined toxins through inhalation, dermal exposure, and ingestion.(e)Definition of burn pitIn this section, the term burn pit means an area of land that is used for disposal of solid waste by burning in the outdoor air..(b)Clerical amendmentThe table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item:1119. Concession of exposure to airborne hazards and toxins from burn pits..1.Short titleThis Act may be cited as the Veterans Burn Pits Exposure Recognition Act of 2020.2.Findings; sense of Congress(a)FindingsCongress makes the following findings:(1)The health of some members of the Armed Forces and veterans who served in certain locations, often multiple times, may have been affected by their service near burn pits.(2)Determining the location of burn pits, and the scope of health effects associated to exposure, remains the subject of much investigation and research by the Department of Veterans Affairs, the Department of Defense, other government agencies, and the National Academies of Sciences, Engineering, and Medicine.(3)The locations of burn pits used by the Department of Defense and partnered armed forces, and the possible health effects associated by their use, may never be completely known, as—(A)some location and air and soil quality data is fragmentary; and(B)the research involved with establishing links between burn pit exposure and health conditions by necessity is complex, years in length, and in the end, in some cases, inconclusive.(4)In the interim, though, some veterans have already been adversely affected by their exposure to burn pits, and their claims to certain benefits furnished by the Department of Veterans Affairs can be reviewed on a case-by-case basis.(5)When filing a claim for certain benefits furnished by the Department of Veterans Affairs, the application requires that each veteran show evidence of their exposure to burn pits, however if the evidence of exposure to burn pits is not provided, the claim is often denied.(b)Sense of CongressIt is the sense of Congress that—(1)if it is determined that a veteran was deployed to a covered location during a certain period, the Secretary of Veterans Affairs should concede that the member or veteran was exposed to certain toxic substances, chemicals, and hazards;(2)a concession of exposure as described in paragraph (1) should not alone be sufficient to entitle one to health care or disability compensation under laws administered by the Secretary of Veterans Affairs;(3)the Department of Veterans Affairs, the Department of Defense, and other relevant agencies should make information regarding burn pit locations immediately available to the public, with appropriate caveats to its completeness and need for potential future revision; and(4)the earliest possible period for which the Secretary of Veterans Affairs should make concessions as described in paragraph (1) should begin on August 2, 1990. 3.Concession of exposure to airborne hazards and toxic substances from Department of Defense and partnered armed forces burn pits(a)Concession required(1)In generalSubchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section:1119.Concession of exposure to airborne hazards and toxic substances from burn pits(a)In generalFor purposes of section 1110 and chapter 17 of this title, any veteran who, during active military, naval, or air service, was deployed in support of a contingency operation while so serving and as part of such deployment served in a covered location during a corresponding period set forth under subsection (b), shall be considered to have been exposed to the toxic substances, chemicals, and hazards listed in subsection (c).(b)Covered locations and corresponding periods(1)The covered locations and corresponding periods set forth under this subsection are as follows:(A)Iraq and the following periods:(i)The period beginning on August 2, 1990, and ending on February 28, 1991.(ii)The period beginning on March 19, 2003, and ending on such date as the Secretary determines burn pits are no longer used in Iraq.(B)The Southwest Asia Theater of operations, other than Iraq, and the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following:(i)Kuwait.(ii)Saudi Arabia.(iii)Oman.(iv)Qatar.(C)Afghanistan and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan.(D)Djibouti and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti.(E)Syria and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria.(F)Jordan and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan.(G)Egypt and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt.(H)Lebanon and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon.(I)Yemen and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen. (J)Such other locations as are set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) and corresponding periods set forth in such registry.(K)Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report the Secretary of Veterans Affairs shall submit to Congress not later than two years after the date of the enactment of the Veterans Burn Pits Exposure Recognition Act of 2020 and not less frequently than once every two years thereafter.(2)A location set forth under this subsection shall not include any body of water around or any airspace above such location.(c)Toxic substances, chemicals, airborne hazards(1)Subject to paragraph (2), the toxic substances, chemicals, and airborne hazards listed in this subsection are as follows:(A)Particulate matter, including the following:(i)PM-10.(ii)PM-2.5.(B)Polycyclic aromatic hydrocarbons (PAHs), including the following:(i)Acenaphthene.(ii)Acenaphthylene.(iii)Anthracene.(iv)Benzo(a)anthracene.(v)Benzo(a)pyrene.(vi)Benzo(b)fluoroanthene.(vii)Benzo(g,h,i)perylene.(viii)Benzo(k)fluoroanthene.(ix)Chrysene.(x)Dibenz(a,h)anthracene.(xi)Fluoranthene.(xii)Fluorene.(xiii)Indeno(1,2,3-cd)pyrene.(xiv)Naphthalene.(xv)Phenanthrene.(xvi)Pyrene.(C)Volatile organic compounds (VOCs), including the following:(i)Acetone.(ii)Acrolein.(iii)Benzene.(iv)Carbon Disulfide.(v)Chlorodifluoromethane.(vi)Chloromethane.(vii)Ethylbenzene.(viii)Hexane.(ix)Hexachlorobutadiene.(x)m/p-Xylene.(xi)Methylene Chloride.(xii)Pentane.(xiii)Propylene.(xiv)Styrene.(xv)Toluene.(D)Toxic organic halogenated dioxins and furans (dioxins), including the following:(i)1,2,3,4,6,7,8 HPCDD.(ii)1,2,3,4,6,7,8 HPCDF.(iii)1,2,3,4,7,8,9 HPCDF.(iv)1,2,3,4,7,8 HXCDD.(v)1,2,3,4,7,8 HXCDF.(vi)1,2,3,6,7,8 HXCDD.(vii)1,2,3,6,7,8 HXCDF.(viii)1,2,3,7,8,9 HXCDD.(ix)1,2,3,7,8,9 HXCDF.(x)1,2,3,7,8 PECDD.(xi)1,2,3,7,8 PECDF.(xii)2,3,4,6,7,8 HXCDF.(xiii)2,3,4,7,8 PECDF.(xiv)2,3,7,8 TCDD.(xv)2,3,7,8 TCDF.(xvi)octachlorodibenzodioxin.(xvii)octachlorodibenzofuran.(E)Such other toxic substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may add under paragraph (2).(2)The Secretary may add to or remove from the list under paragraph (1) as the Secretary determines appropriate in a report the Secretary shall submit to Congress not later than two years after the date of the enactment of the Veterans Burn Pits Exposure Recognition Act of 2020, and not less frequently than once every two years thereafter.(d)Medical examinations and medical opinions(1)If a veteran described in subsection (a) submits to the Secretary a claim for compensation for a service-connected disability with evidence of a disability and service in a covered location and corresponding period set forth under subsection (b) and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall provide the veteran with a medical examination and the Secretary shall request a medical opinion as to any causal link between the disability and a toxic substance, chemical, or hazard set listed in subsection (c).(2)When providing the Secretary with a medical opinion requested under paragraph (1), the provider shall consider the total potential exposure through all applicable military deployments, and the synergistic effect of all combined toxic substances through inhalation, dermal exposure, and ingestion.(e)Definition of burn pitIn this section, the term burn pit means an area of land that is used for disposal of solid waste by burning in the outdoor air..(2)Clerical amendmentThe table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item:1119. Concession of exposure to airborne hazards and toxic substances from burn pits..(b)Reports(1)Reports requiredThe Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and Committee on Veterans' Affairs of the House of Representatives reports as follows:(A)Not later than 60 days after the date of the enactment of this Act, a report covering the one-year period preceding the date of the enactment of this Act.(B)Not later than 425 days after the date of the enactment of this Act, a report covering the one-year period beginning on the date of the enactment of this Act.(C)Not later than 790 days after the date of the enactment of this Act, a report covering the one-year period beginning on the date that is one year after the date of the enactment of this Act.(2)ContentsEach report submitted under paragraph (1) shall include, for the period covered by the report and disaggregated by each of the categories set forth under paragraph (3), the following:(A)Total number of claims filed for compensation under chapters 11 and 13 of title 38, United States Code.(B)Total number of such claims for which the Secretary provided medical examinations.(C)The current status of such claims, disaggregated by the following:(i)Total claims pending a decision.(ii)Total claims granted.(iii)Total claims denied for which the claimant took no further action.(iv)Total claims denied for which the claimant filed a supplemental claim.(v)Total claims denied for which the claimant requested a higher level review.(vi)Total claims denied for which the claimant filed an appeal to the Board of Veterans' Appeals.(3)CategoriesThe categories set forth under this paragraph are as follows:(A)Claims for compensation under chapters 11 and 13 of title 38, United States Code.(B)Claims involving exposure to a toxic substance, chemical, or hazard listed in subsection (c) of section 1119 of title 38, United States Code, as added by subsection (a)(1), during active military, naval, or air service in support of a contingency operation in a covered location during a corresponding period set forth under subsection (b) of such section.(4)Public access to reportsThe Secretary shall make each report required by paragraph (1) available to the public, including by publishing the reports on a publicly accessible page of the website of the Department of Veterans Affairs.September 15, 2020Reported with an amendment


		I
		112th CONGRESS
		1st Session
		H. R. 609
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2011
			Mr. Hanna (for
			 himself, Mr. Amash,
			 Mr. Bartlett,
			 Mr. Bishop of Utah,
			 Mr. Burton of Indiana,
			 Mr. Cole, Mr. Duncan of South Carolina,
			 Mr. Fitzpatrick,
			 Mr. Franks of Arizona,
			 Mr. Manzullo,
			 Mr. McClintock,
			 Mrs. Myrick,
			 Mr. Ribble,
			 Mr. Austin Scott of Georgia,
			 Mr. Sensenbrenner, and
			 Mr. Westmoreland) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to reduce the
		  corporate income tax rate.

		1.Short titleThis Act may be cited as the
			 American Competitiveness Act of
			 2011 .
		2.Reduction in corporate
			 income tax rates
			(a)In
			 generalParagraph (1) of section 11(b) of the Internal Revenue
			 Code of 1986 is amended to read as follows:

					(1)Rates of
				tax
						(A)In
				generalExcept as otherwise
				provided in this paragraph, the amount of the tax imposed by subsection (a)
				shall be the sum of—
							(i)15
				percent of so much of the taxable income as does not exceed $50,000, and
							(ii)25 percent of so
				much of the taxable income as exceeds $50,000.
							(B)Special rules
				for 2011In the case of any taxable year beginning in 2011, the
				amount of the tax imposed by subsection (a) shall be the sum of—
							(i)15
				percent of so much of the taxable income as does not exceed $50,000, and
							(ii)25 percent of so
				much of the taxable income as exceeds $50,000 but does not exceed $75,000,
				and
							(iii)30 percent of so
				much of the taxable income as exceeds
				$75,000.
							.
			(b)Conforming
			 amendments
				(1)Section 11(b)(2)
			 of such Code is amended by striking 35 percent and inserting
			 the maximum rate of tax in effect under section 11(b)(1).
				(2)Section 280C(c)(3)(B)(ii)(II) of such Code
			 is amended by inserting in effect after maximum rate of
			 tax.
				(3)Section 904(b)(3)(D)(ii) of such Code is
			 amended by striking (determined without regard to the last sentence of
			 section 11(b)(1)).
				(4)Section 1201(a) of such Code is
			 amended—
					(A)by striking
			 35 percent (determined without regard to the last 2 sentences of section
			 11(b)(1)) and inserting the maximum rate of tax in effect under
			 section 11(b)(1), and
					(B)by striking
			 35 percent in paragraph (2) and inserting the maximum
			 rate of tax in effect under section 11(b)(1).
					(5)Section 1561(a) of such Code is amended by
			 striking the fourth sentence.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2010.