116 HR 5220 IH: A Fast-Tracked Executive Rescission Review (AFTER) of Appropriations Act of 2019
U.S. House of Representatives
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5220IN THE HOUSE OF REPRESENTATIVESNovember 21, 2019Mr. Norman (for himself, Mr. Biggs, Mr. Perry, Mr. Kevin Hern of Oklahoma, and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Congressional Budget and Impoundment Control Act of 1974 to provide for a legislative
			 line-item veto to expedite consideration of rescissions, and cancellations
			 of items of new direct spending and limited tax benefits.

 1.Short titleThis Act may be cited as A Fast-Tracked Executive Rescission Review (AFTER) of Appropriations Act of 2019. 2.Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitationsTitle X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by striking all of part B (except for sections 1015, 1016, and 1013, which are transferred and redesignated as sections 1017, 1018, and 1019, respectively) and part C and by inserting after part A the following:

				BCongressional consideration of proposed rescissions and deferrals of budget authority and
			 obligation limitations
					1011.Congressional consideration of proposed rescissions and deferrals of budget authority and
 obligation limitations(a)Proposed rescissionsWithin 10 days after the enactment of any bill or joint resolution providing any funding, the President may propose, in the manner provided in subsection (b), the rescission of all or part of any dollar amount of such funding or the cancellation of any item of new direct spending or any limited tax benefit.
 (b)Special messageIf the President proposes that Congress rescind funding, the President shall transmit a special message to Congress containing the information specified in this subsection.
 (1)Packaging of requested rescissionsFor each piece of legislation that provides funding, the President may request any number of packages of rescissions and the rescissions in each package shall apply only to funding contained in that legislation. The President shall not include the same rescission in both packages.
 (2)TransmittalThe President shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. The President shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained.
 (3)Contents of special messageFor each request to rescind funding or cancel any item of new direct spending or any limited tax benefit under this part, the transmittal message shall—
 (A)specify— (i)the dollar amount to be rescinded, item of new direct spending, or limited tax benefit to be canceled;
 (ii)the agency, bureau, and account from which the rescission shall occur; (iii)the program, project, or activity within the account (if applicable) from which the rescission shall occur;
 (iv)the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and
 (v)the reasons the President requests the rescission or the cancellation; and (B)designate each separate rescission request by number; and include proposed legislative text of an approval bill to accomplish the requested rescissions which may not include—
 (i)any changes in existing law, other than the rescission of funding; or (ii)any supplemental appropriations, transfers, or reprogrammings.
 1012.Grants of and limitations on Presidential authority(a)Presidential authority To withhold fundingNotwithstanding any other provision of law and if the President proposes a rescission of funding under this part, the President may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation.
 (b)Withholding available only once per proposed rescissionExcept as provided in section 1019, the President may not invoke the authority to withhold funding granted by subsection (a) for any other purpose.
 (c)Time limitsThe President shall make available for obligation any funding withheld under subsection (a) on the earliest of the 30th legislative day following—
 (1)the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the approval bill;
 (2)the 30th day following the date of enactment of the appropriations measure to which the approval bill relates; or
 (3)the last day that the President determines the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration.
							(d)Deficit reduction
 (1)In generalFunds that are rescinded or canceled under this part shall be dedicated only to reducing the deficit or increasing the surplus.
 (2)Adjustment of levels in the concurrent resolution on the budgetNot later than 3 days of session after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the rescissions, and the Committees on Appropriations of the House of Representatives and the Senate shall report revised suballocations pursuant to section 302(b) of title III, as appropriate.
 (3)Adjustments to statutory limitsNot later than 3 days after enactment of an approval bill provided under this section, the President shall revise downward by the amount of the rescissions applicable limits under the Balanced Budget and Emergency Deficit Control Act of 1985.
							1013.Procedures for Expedited Consideration(a)Expedited Consideration
 (1)Introduction of approval billAny Member of each House may (by request) introduce an approval bill as defined in section 1015 not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 1011(b).
							(2)Consideration in the house of representatives
 (A)Referral and reportingAny committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.
 (B)Proceeding to considerationNot later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within 2 legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
 (C)ConsiderationIf the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order.
								(3)Consideration in the senate
 (A)Committee actionThe appropriate committee of the Senate shall report without amendment the approval bill as defined in section 1015(2) not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar.
 (B)Motion to proceedNot later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill.
 (C)ConsiderationIf a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order.
 (4)Amendments prohibitedNo amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives.
							(5)Coordination with action by other house
 (A)In generalIf, before passing the approval bill, one House receives from the other a bill— (i)the approval bill of the other House shall not be referred to a committee; and
 (ii)the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House.
 (B)This paragraph shall not apply to the House of Representatives. (b)LimitationSubsection (a) shall apply only to an approval bill, as such term is defined in section 1015(2), introduced pursuant to subsection (a)(1).
 (c)Extended time periodIf Congress adjourns at the end of a Congress prior to the expiration of the periods described in sections 1012(c)(2) and 1014 and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, or before the applicable 10-day period specified in section 1011(a) has expired, then within the first 3 days of session, the President shall transmit to Congress an additional special message containing all of the information in the previous, pending special message and an approval bill may be introduced within the first 5 days of session of the next Congress and shall be treated as an approval bill under this part, and the time periods described in sections 1012(c)(2) and 1014 shall commence on the day of introduction of that approval bill.
 (d)Approval bill procedureIn order for an approval bill to be considered under the procedures set forth in this part, the bill must meet the definition of an approval bill and must be introduced no later than the third day of session following the beginning of the period described in section 1013(a)(1) or the fifth day in the case of subsection (c).
 (e)CBO EstimateUpon receipt of a special message under section 1101 proposing to rescind all or part of any funding or cancel any item of new direct spending or limited tax benefit, CBO shall prepare and submit to the appropriate committees of the House of Representatives and the Senate an estimate of the reduction in budget authority or change in receipts which would result from the enactment of the proposed rescissions or cancellations.
 1014.Treatment of rescissions and cancellationsRescissions and cancellations proposed by the President under this part shall take effect only upon enactment of the applicable approval bill. If an approval bill is not enacted into law within 30 days from the enactment of the appropriation measure or new direct spending or limited tax benefit to which the approval bill relates, then the approval bill shall not be eligible for expedited consideration under the provisions of this part.
 1015.DefinitionsAs used in this part: (1)Appropriation measureThe term appropriation measure means an Act referred to in section 105 of title 1, United States Code, including any general or special appropriation Act, or any Act making supplemental, deficiency, or continuing appropriations, that has been enacted into law pursuant to article I, section 7, of the Constitution of the United States.
 (2)CancelThe term cancel or cancellation means— (A)with respect to any dollar amount of discretionary budget authority, to rescind;
 (B)with respect to any item of new direct spending— (i)that is budget authority provided by law (other than an appropriation law), to prevent such budget authority from having legal force or effect;
 (ii)that is entitlement authority, to prevent the specific legal obligation of the United States from having legal force or effect; or
 (iii)through the food stamp program, to prevent the specific provision of law that results in an increase in budget authority or outlays for that program from having legal force or effect; and
 (C)with respect to a limited tax benefit, to prevent the specific provision of law that provides such benefit from having legal force or effect.
 (3)Direct spendingThe term direct spending means— (A)budget authority provided by law (other than an appropriation law);
 (B)entitlement authority; and (C)the food stamp program.
 (4)Approval billThe term approval bill means a bill which only approves rescissions of funding, items of new direct spending, or limited tax benefits in a special message transmitted by the President under this part and—
 (A)the title of which is as follows: A bill approving the proposed cancellations or rescissions transmitted by the President on ___, the blank space being filled in with the date of transmission of the relevant special message and the public law number to which the message relates; and
 (B)which provides only the following after the enacting clause: That the Congress approves the proposed cancellations or rescissions ___, the blank space being filled in with the list of the cancellations or rescissions contained in the President’s special message, as transmitted by the President in a special message on ____, the blank space being filled in with the appropriate date, regarding ____., the blank space being filled in with the public law number to which the special message relates.
 (5)Rescind or rescissionThe terms rescind or rescission mean to permanently cancel or prevent budget authority or outlays available under an obligation limit from having legal force or effect.
 (6)Congressional Budget OfficeThe term CBO means the Director of the Congressional Budget Office. (7)Comptroller GeneralThe term Comptroller General means the Comptroller General of the United States.
 (8)Deferral of budget authorityThe term deferral of budget authority includes— (A)withholding or delaying the obligations or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or
 (B)any other type of executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law.
							(9)Funding
 (A)Except as provided in subparagraph (B), the term funding means all or part of the dollar amount of budget authority or obligation limit— (i)specified in an appropriation measure, or the dollar amount of budget authority or obligation limit required to be allocated by a specific proviso in an appropriation measure for which a specific dollar figure was not included;
 (ii)represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law; or
 (iii)represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation measure or included in the statement of managers or the governing committee report accompanying such law.
 (B)The term funding does not include— (i)direct spending;
 (ii)budget authority in an appropriation measure which funds direct spending provided for in other law; (iii)any existing budget authority canceled in an appropriation measure; or
 (iv)any restriction or condition in an appropriation measure or the accompanying statement of managers or committee reports on the expenditure of budget authority for an account, program, project, or activity, or on activities involving such expenditure.
 (10)WithholdThe terms withhold and withholding apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws.
						(11)Limited tax benefit
 (A)The term limited tax benefit means— (i)any revenue-losing provision which provides a Federal tax deduction, credit, exclusion, or preference to 100 or fewer beneficiaries under the Internal Revenue Code of 1986 in any fiscal year for which the provision is in effect; and
 (ii)any Federal tax provision which provides temporary or permanent transitional relief for 10 or fewer beneficiaries in any fiscal year from a change to the Internal Revenue Code of 1986.
 (B)A provision shall not be treated as described in subparagraph (A)(i) if the effect of that provision is that—
 (i)all persons in the same industry or engaged in the same type of activity receive the same treatment;
 (ii)all persons owning the same type of property, or issuing the same type of investment, receive the same treatment; or
 (iii)any difference in the treatment of persons is based solely on— (I)in the case of businesses and associations, the size or form of the business or association involved;
 (II)in the case of individuals, general demographic conditions, such as income, marital status, number of dependents, or tax return filing status;
 (III)the amount involved; or (IV)a generally-available election under the Internal Revenue Code of 1986.
 (C)A provision shall not be treated as described in subparagraph (A)(ii) if— (i)it provides for the retention of prior law with respect to all binding contracts or other legally enforceable obligations in existence on a date contemporaneous with congressional action specifying such date; or
 (ii)it is a technical correction to previously enacted legislation that is estimated to have no revenue effect.
 (D)For purposes of subparagraph (A)— (i)all businesses and associations which are related within the meaning of sections 707(b) and (a) of the Internal Revenue Code of 1986 shall be treated as a single beneficiary;
 (ii)all qualified plans of an employer shall be treated as a single beneficiary; (iii)all holders of the same bond issue shall be treated as a single beneficiary; and
 (iv)if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, the partners of the partnership, the members of the association, or the beneficiaries of the trust or estate shall not also be treated as beneficiaries of such provision.
 (E)For purposes of this paragraph, the term revenue-losing provision means any provision which results in a reduction in Federal tax revenues for any one of the two following periods—
 (i)the first fiscal year for which the provision is effective; or (ii)the period of the 5 fiscal years beginning with the first fiscal year for which the provision is effective.
 (F)The terms used in this paragraph shall have the same meaning as those terms have generally in the Internal Revenue Code of 1986, unless otherwise expressly provided.
							.
		3.Technical and conforming amendments
 (a)Exercise of Rulemaking PowersSection 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended— (1)in subsection (a), by striking 1017 and inserting 1013; and
 (2)in subsection (d), by striking section 1017 and inserting section 1013. (b)Clerical Amendments (1)The last sentence of section 1(a) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: Sections 1011 through 1016 of part B of title X may be cited as A Fast-Tracked Executive Rescission Review (AFTER) of Appropriations Act of 2019..
 (2)Section 1017 of such Act (as redesignated) is amended by striking section 1012 or 1013 each place it appears and inserting section 1011 or 1019 and section 1018 (as redesignated) is amended by striking calendar and of continuous session. (3)Section 1019(c) of such Act (as redesignated) is amended by striking 1012 and inserting 1011.
 (4)Table of ContentsThe table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the items relating to parts B and C (including all of the items relating to the sections therein) of title X and inserting the following:

							Part B—Congressional consideration of proposed rescissions and deferrals of budget authority and
			 obligation limitations
							Sec. 1011. Congressional consideration of proposed rescissions and deferrals of budget authority
			 and obligation limitations.
							Sec. 1012. Grants of and limitations on Presidential authority.
							Sec. 1013. Procedures for expedited consideration.
							Sec. 1014. Treatment of rescissions and cancellations.
							Sec. 1015. Definitions..
 (c)Effective DateThe amendments made by this Act shall apply to funding as defined in section 1015(8) of the Congressional Budget Act and Impoundment Control of 1974 or any new item of direct spending or limited tax benefit in any Act enacted after the date of enactment of this Act.
 4.Approval measures consideredSection 314 of the Congressional Budget Act of 1974 is amended— (1)by redesignating subsections (b) through (e) as subsections (c) through (f) and by inserting after subsection (a) the following new subsection:

					(b)Adjustments for rescissions
 (1)Whenever an approval bill passes the House of Representatives, the Committee on the Budget shall immediately reduce the applicable allocations under section 302(a) by the total amount of reductions in budget authority and in outlays resulting from such approval bill.
 (2)As used in this subsection, the term approval bill has the meaning given to such term in section 1015.; and (2)in subsection (d) (as redesignated), by inserting or (b) after subsection (a).


		IIB
		112th CONGRESS
		1st Session
		H. R. 686
		IN THE SENATE OF THE UNITED
		  STATES

			October 4, 2011
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To require the conveyance of certain public
		  land within the boundaries of Camp Williams, Utah, to support the training and
		  readiness of the Utah National Guard.

		1.Short titleThis Act may be cited as the
			 Utah National Guard Readiness
			 Act.
		2.Land conveyance,
			 Camp Williams, Utah
			(a)Conveyance
			 requiredNot later than 120
			 days after the date of the enactment of this Act, the Secretary of the
			 Interior, acting through the Bureau of Land Management, shall convey, without
			 consideration, to the State of Utah all right, title, and interest of the
			 United States in and to certain lands comprising approximately 420 acres, as
			 generally depicted on a map entitled Proposed Camp Williams Land
			 Transfer and dated June 14, 2011, which are located within the
			 boundaries of the public lands currently withdrawn for military use by the Utah
			 National Guard and known as Camp Williams, Utah, for the purpose of permitting
			 the Utah National Guard to use the conveyed land as provided in subsection
			 (c).
			(b)Supersedence of
			 executive orderExecutive
			 Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G.
			 Williams Land Exchange Act of 1989 (title IX of
			 Public Law
			 101–628; 104 Stat. 4501), is hereby superseded, only insofar as
			 it affects the lands identified for conveyance to the State of Utah under
			 subsection (a).
			(c)Reversionary
			 interestThe lands conveyed
			 to the State of Utah under subsection (a) shall revert to the United States if
			 the Secretary of Defense determines that the land, or any portion thereof, is
			 sold or attempted to be sold, or that the land, or any portion thereof, is used
			 for non-National Guard or non-national defense purposes.
			(d)Hazardous
			 materialsWith respect to any
			 portion of the land conveyed under subsection (a) that the Secretary of Defense
			 determines is subject to reversion under subsection (c), if the Secretary of
			 Defense also determines that the portion of the conveyed land contains
			 hazardous materials, the State of Utah shall pay the United States an amount
			 equal to the fair market value of that portion of the land, and the
			 reversionary interest shall not apply to that portion of the land.

			Passed the House of
			 Representatives October 3, 2011.
			Karen L. Haas,
			Clerk


116 HR 2748 IH: Israel Relations Normalization Act of 2021
U.S. House of Representatives
2021-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2748IN THE HOUSE OF REPRESENTATIVESApril 21, 2021Mr. Schneider (for himself, Mrs. Wagner, Ms. Garcia of Texas, Mr. Meijer, Mr. Meeks, and Mr. McCaul) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo encourage the normalization of relations with Israel, and for other purposes.1.Short titleThis Act may be cited as the Israel Relations Normalization Act of 2021.2.FindingsCongress finds the following:(1)Support for peace between Israel and its neighbors has longstanding bipartisan support in Congress.(2)For decades, the United States Congress has promoted Israel’s acceptance among Arab states and other relevant countries and regions and has enacted numerous laws opposing efforts to boycott, isolate, and stigmatize America’s ally, Israel.(3)The recent peace and normalization agreements between Israel and several Arab states—the United Arab Emirates, Bahrain, Sudan, and Morocco—have the potential to fundamentally transform the security, diplomatic, and economic environment in the Middle East and North Africa and advance vital United States national security interests. (4)These agreements build upon the decades-long leadership of the United States Government and other governments in helping Israel broker peace treaties with Egypt and Jordan and promoting peace talks between Israel and Syria, Lebanon, and the Palestinians.(5)These agreements also build on decades long private diplomatic and security engagement between Israel and countries in the region. (6)These normalization and peace agreements could begin to transform the region by spurring economic growth, enhancing technological innovation, advancing understanding, and forging closer people-to-people relations.(7)These agreements have the potential to promote investment, tourism, and direct flights, and promote cooperation on security, telecommunications, technology, energy, healthcare, culture, the environment, water security and sustainable development. 3.Statement of policyIt is the policy of the United States—(1)to expand and strengthen the Abraham Accords to encourage other nations to normalize relations with Israel and ensure that existing agreements reap tangible security and economic benefits for the citizens of those countries;(2)to develop and implement a regional strategy to encourage economic cooperation among Israel, Arab states, and the Palestinians to enhance the prospects for regional peace, respect for human rights, transparent governance, and cooperation to address water scarcity, climate solutions, health care, sustainable development, and other areas that result in benefits for residents of those countries;(3)to develop and implement a regional security strategy that recognizes the shared threat posed by Iran and violent extremist organizations, ensures sufficient United States deterrence in the region, builds partner capacity to address shared threats, and explores multilateral security arrangements built around like-minded partners;(4)to support and encourage government-to-government and grassroots initiatives aimed at normalizing ties with the state of Israel and promoting people-to-people contact between Israelis, Arabs, and peoples from other countries and regions, including by expanding and enhancing the Abraham Accords;(5)to continue to support a negotiated solution to the Israeli-Palestinian conflict resulting in two states—a democratic Jewish state of Israel and a viable democratic Palestinian state—living side by side in peace, security, and mutual recognition;(6)to implement the Nita M. Lowey Middle East Partnership for Peace Act of 2020 (title VIII of division K of Public Law 116–260), which supports economic cooperation and peacebuilding efforts among Israelis and Palestinians;(7) to oppose efforts to delegitimize the state of Israel and legal barriers to normalization of relations with Israel;(8)to work to combat anti-Semitism and support normalization of relations with Israel, including by countering anti-Semitic narratives on social media and state media and pressing for educational curriculum reform; and(9)to encourage partnerships and collaboration on climate solutions, water, health, sustainable development, and other areas. 4.United States strategy to strengthen and expand Abraham Accords and other normalization agreements with Israel(a)In generalNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies, shall develop and submit to the appropriate congressional committees a strategy on expanding and strengthening the Abraham Accords. (b)ElementsThe strategy required under subsection (a) shall also include each of the following elements:(1)An assessment of future staffing and resourcing requirements of entities within the Department of State, the United States Agency for International Development, the Department of Defense, and other appropriate Federal departments and agencies with responsibility to coordinate United States efforts to expand and strengthen the Abraham Accords.(2)An assessment of the bilateral and multilateral cooperation between Israel, Arab states, and other relevant countries and regions that have normalized relations with Israel, including an assessment of cooperation in the economic, social, cultural, scientific, technical, educational, and health fields and an assessment of roadblocks to increased cooperation.(3)An assessment of bilateral and multilateral security cooperation between Israel, the United States, Arab states, and other relevant countries and regions that have normalized relations with Israel, including potential roadblocks to increased security cooperation, interoperability, and information sharing.(4)An assessment of the likelihood of additional Arab states and other relevant countries and regions to normalize relations with Israel.(5)An assessment of opportunities created by normalization agreements with Israel to advance prospects for peace between Israelis and Palestinians.(6)A detailed description of how the United States Government will leverage diplomatic lines of effort and resources from other stakeholders (including from foreign governments, international donors, and multilateral institutions) to encourage normalization, economic development, and people-to-people programming.(c)Form(1)Unclassified matterSubject to paragraph (2), the report required by subsection (a) and each of the elements described in paragraphs (1) through (5) of subsection (b) shall be submitted in unclassified form.(2)Classified annexThe report required by subsection (a) shall also include a classified annex, transmitted separately, that contains only the matter included in the report pursuant to paragraph (6) of subsection (b).(d)Appropriate congressional committees definedIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and(2)the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.5.Report on international efforts to promote normalization(a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit a report to the appropriate congressional committees regarding options for United States international efforts to promote strengthening of ties between Israel, Arab states, and other relevant countries and regions. (b)ElementsThe report required under subsection (a) shall also include each of the following elements:(1)A description of options for leveraging contributions of international donors, institutions, and partner countries to facilitate people-to-people and government-to-government relations between Israelis and Arabs.(2)Identification of existing relevant investment funds that support Israel-Arab state cooperation and recommendations for how such funds could be used to support normalization and increase prosperity for all relevant stakeholders.(3)An assessment for creating an Abrahamic Center for Pluralism to prepare educational materials, convene international seminars, promote tolerance and pluralism, and bring together scholars as a means of advancing religious tolerance and countering political and religious extremism.(4)An assessment of the benefit to Israel and its neighbors of participating in a regional conference on climate solutions, water, health, and sustainable development.(5)An assessment of the feasibility and benefit of increasing the capacity of existing Department of State and United States Agency for International Development-funded programs for developing people-to-people exchange programs for young people between Israel, Arab states, and other relevant countries and regions.(6)Recommendations to improve Department of State cooperation and coordination, particularly between the Special Envoy to Monitor and Combat Anti-Semitism, the Ambassador at Large for International Religious Freedom, and the Director of the Office of International Religious Freedom, to combat the racism, xenophobia, Islamophobia, and anti-Semitism that hinder improvement of relations between Israel, Arab states, and other relevant countries and regions.(7)A proposal for the manner in which the United States Government and others can use existing Federal resources to counter Holocaust denial and anti-Semitism abroad.(8)An assessment of the value and feasibility of Federal support for inter-parliamentary exchange programs among Members of Congress, of the Knesset, and parliamentarians from Arab states and other relevant countries and regions, including through existing Federal programs that support such exchanges.(c)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and(2)the Committee on Foreign Relations and the Committee on Appropriations of the Senate.6.Breaking down barriers to normalization with Israel(a)Short titleThis section may be cited as the Strengthening Reporting of Actions Taken Against the Normalization of Relations with Israel Act of 2021.(b)FindingsCongress makes the following findings:(1)The Arab League, an organization comprising 22 Middle Eastern and African countries and entities, has maintained an official boycott of Israeli companies and Israeli-made goods since the founding of Israel in 1948.(2)Longstanding United States policy has encouraged Arab League states to normalize their relations with Israel and has long prioritized funding cooperative programs that promote normalization between Arab League States and Israel, including the Middle East Regional Cooperation program, which promotes Arab-Israeli scientific cooperation. (3)While some Arab League governments are signaling enhanced cooperation with the state of Israel on the government-to-government level, most continue to persecute their own citizens who establish people-to-people relations with Israelis in nongovernmental fora, through a combination of judicial and extrajudicial retribution.(4)Some Arab League states maintain draconian anti-normalization laws that punish their citizens for people-to-people relations with Israelis, with punishments, including imprisonment, revocation of citizenship, and execution. Extrajudicial punishments by these and other Arab states include summary imprisonment, accusations of treason in government-controlled media, and professional blacklisting.(5)Anti-normalization laws, together with the other forms of retribution, effectively condemn these societies to mutual estrangement and, by extension, reduce the possibility of conciliation and compromise.(6)Former Israeli President Shimon Peres said in 2008 at the United Nations that Israel agrees with the Arab Peace Initiative that a military solution to the conflict will not achieve peace or provide security for the parties.(7)Despite the risk of retaliatory action, a rising tide of Arab civic actors advocate direct engagement with Israeli citizens and residents. These include the Arab Council for Regional Integration, a group of 32 public figures from 15 Arab countries who oppose the boycott of Israel on the grounds that the boycott has denied Arabs the benefits of partnership with Israelis, has blocked Arabs from helping to bridge the Israeli-Palestinian divide, and inspired divisive intra-Arab boycotts among diverse sects and ethnic groups.(8)On February 11, 2020, a delegation of the Arab Council to the French National Assembly in Paris testified to the harmful effects of anti-normalization laws, called on the Assembly to enact a law instructing the relevant French authorities to issue an annual report on instances of Arab government retribution for any of their citizens or residents who call for peace with Israel or engage in direct civil relations with Israeli citizens, and requested democratic legislatures to help defend the region’s civil peacemakers.(9)On May 11, 2020, 85 leaders in France published an endorsement of the Arab Council’s proposal, calling on France and other democratic governments to protect Arabs who engage in dialogue with Israeli citizens and proposing the creation of a study group in the National Assembly as well as in the Senate whose mission would be to ensure a legal and technical monitoring of the obstacles which Arab proponents of dialogue with Israelis face.(10)Arab-Israeli cooperation provides significant symbiotic benefit to the security and economic prosperity of the region.(c)Annual reporting(1)In generalNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the status of the normalization of relations between Israel, Arab states, and other relevant countries and regions.(2)ElementsThe report required under paragraph (1) shall include the following information:(A)The status of anti-normalization laws in each country within the jurisdiction of the Bureau of Near Eastern Affairs, including efforts within each country to sharpen existing laws, enact new or additional anti-normalization legislation, or repeal such laws.(B)Instances of prosecution of citizens or residents of Arab countries for calling for peace with Israel, visiting the state of Israel, or engaging Israeli citizens in any way.(C)Instances of extrajudicial retribution by Arab governments or government-controlled institutions against citizens or residents of Arab countries for any of the actions described in subparagraph (B).(D)Evidence of steps taken by Arab governments toward permitting or encouraging people-to-people relations between their citizens or residents and Israeli citizens.(E)Instances where Arab governments used state-owned or state-operated media outlets to promote anti-Semitic propaganda.(d)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and(2)the Committee on Foreign Relations and the Committee on Appropriations of the Senate.7.SunsetThis Act shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 677
		IN THE SENATE OF THE UNITED STATES

			February 17, 2007
			Mrs. Boxer (for herself,
			 Mr. Lautenberg, Mr. Salazar, and Mr.
			 Schumer) introduced the following bill; which was read twice and
			 referred to the Committee on the
			 Judiciary

		A BILL
		To improve the grant program for secure schools under the
		  Omnibus Crime Control and Safe Streets Act of 1968.

		1.Short titleThis Act may be cited as the
			 School Safety Enhancements Act of
			 2007.
		2.Grant program for
			 school securitySection 2701
			 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is
			 amended—
			(1)in subsection
			 (b)—
				(A)in paragraph (1),
			 by inserting surveillance equipment, after
			 detectors,;
				(B)by striking
			 paragraph (2) and inserting the following:

						(2)Establishment of
				hotlines or tiplines for the reporting of potentially dangerous students and
				situations.
						;

				(C)by redesignating
			 paragraph (5) as paragraph (6); and
				(D)by inserting after
			 paragraph (4) the following:

						(5)Capital
				improvements to make school facilities more
				secure.
						;
				(2)by striking
			 subsection (d)(1) and inserting the following:

					(1)The Federal share
				of the costs of a program provided by a grant under subsection (a) shall be 80
				percent of the total of such costs. The non-Federal share of such costs shall
				be 20 percent of such costs.
					;
				and
			(3)by adding at the
			 end the following:

					(g)Interagency task
				forceNot later than 60 days after the date of enactment of the
				School Safety Enhancements Act of
				2007, the Director and the Secretary of Education, or the
				designee of the Secretary, shall establish an interagency task force to develop
				and promulgate a set of advisory school safety guidelines. The advisory school
				safety guidelines shall be published in the Federal Register by not later than
				June 1,
				2008.
					.
			3.ApplicationsSection 2702(a)(2) of the Omnibus Crime
			 Control and Safe Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read
			 as follows:

				(2)be accompanied by
				a report, signed by the chief education officer and the attorney general or
				other chief legal officer of the State, unit of local government, or Indian
				tribe, demonstrating that each proposed use of the grant funds will be—
					(A)an effective means
				for improving the safety of one or more schools;
					(B)consistent with a
				comprehensive approach to preventing school violence; and
					(C)individualized to
				the needs of each school at which those improvements are to be
				made.
					.
		4.Authorization of
			 appropriationsSection 2705 of
			 the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is
			 amended by striking $30,000,000 for each of fiscal years 2001 through
			 2009 and inserting $50,000,000 for each of the fiscal years 2008
			 and 2009.


115 S3239 IS: Integration of Baseball Commemorative Coin Act
U.S. Senate
2018-07-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3239IN THE SENATE OF THE UNITED STATESJuly 18, 2018Mr. Scott (for himself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo require the Secretary of the Treasury to mint commemorative coins in recognition of the 75th
			 anniversary of the integration of baseball.

 1.Short titleThis Act may be cited as the Integration of Baseball Commemorative Coin Act. 2.FindingsThe Congress finds the following:
 (1)On April 15, 1947, future Hall of Famer Jackie Robinson changed the landscape of the national pastime and the United States when he stepped onto the grass at Ebbets Field as the starting first baseman for the Brooklyn Dodgers and the first African American to play Major League Baseball in the modern era.
 (2)On July 5, 1947, future Hall of Famer Larry Doby took his first at bat for the Cleveland Indians, ending the color barrier in the American League forever.
 (3)The integration of Major League Baseball in 1947 is recognized today as a seminal moment in the Civil Rights Movement and American history.
 (4)The integration of Major League Baseball preceded the landmark Supreme Court of the United States ruling in Brown v. Board of Education, 347 U.S. 483 (1954), by 7 years and the enactment of the Civil Rights Act of 1964 (Public Law 88–352; 78 Stat. 241) by 17 years.
 (5)The National Baseball Hall of Fame and Museum and the Jackie Robinson Foundation are dedicated to telling the story of baseball’s unique role in helping end racial segregation and advancing civil rights in the United States.
			3.Coin specifications
 (a)Shape and surface treatmentAll coins issued pursuant to this Act shall be square, with the design corner-aligned, shall be finished on the reverse with enhanced uncirculated treatment, and shall be of approximately the same size. The Secretary of the Treasury (referred to in this Act as the Secretary), at the Secretary’s discretion, may also use the enhanced uncirculated treatment on the coin obverse.
 (b)DenominationsIn recognition and celebration of the 75th anniversary of the integration of baseball, the Secretary shall mint and issue the following coins:
 (1)$5 gold coinsNot more than 50,000 $5 coins, which shall— (A)weigh 1 ounce;
 (B)be struck on a planchet of appropriate dimensions; and (C)contain not less than 90 percent gold.
 (2)$1 silver coinsNot more than 500,000 $1 coins, which shall— (A)weigh 26.73 grams;
 (B)be struck on a planchet of appropriate dimensions; and (C)contain not less than 90 percent silver.
 (3)Half-dollar clad coinsNot more than 750,000 half-dollar coins, which shall be of such specifications as the Secretary may choose, except that, to the greatest extent possible, such half-dollar coins shall match in size the other coins described in this subsection.
 (c)Legal tenderThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.
 (d)Numismatic itemsFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.
			4.Design of coins
 (a)In generalThe design for the coins minted under this Act shall be— (1)selected by the Secretary after consultation with—
 (A)the National Baseball Hall of Fame; and (B)the Commission of Fine Arts; and
 (2)reviewed by the Citizens Commemorative Coin Advisory Committee. (b)Designations and inscriptionsOn each coin minted under this Act there shall be—
 (1)a designation of the value of the coin, which, for purposes of the coins described under paragraphs (1) and (2) of section 3(b) shall use a dollar sign and a numeral rather than spelling out the denomination;
 (2)an inscription of the year 2022; and (3)inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum.
 (c)Common reverse designThe design on the common reverse of the coins minted under this Act shall depict a baseball diamond similar to those used by Major League Baseball.
			(d)Selection and approval process for obverse design
 (1)In generalThe Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the integration of the game of baseball.
 (2)Selection and approvalProposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. The Secretary shall encourage 3-dimensional models to be submitted as part of the design proposals.
 (3)ProposalsAs part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and shall endeavor to publicize the design contest to participants in youth baseball programs.
 (4)CompensationThe Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a).
				5.Issuance of coins
 (a)Quality of coinsCoins minted under this Act shall be issued in uncirculated and proof qualities. (b)Period for issuanceThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2022.
			6.Sale of coins
 (a)Sale priceThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1)the face value of the coins;
 (2)the surcharge provided in section 7(a) with respect to such coins; and (3)the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping).
 (b)Bulk salesThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c)Prepaid orders (1)In generalThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins.
 (2)DiscountSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7.Surcharges (a)In generalAll sales of coins minted under this Act shall include a surcharge as follows:
 (1)A surcharge of $50 per coin for the $5 coin. (2)A surcharge of $10 per coin for the $1 coin.
 (3)A surcharge of $5 per coin for the half-dollar coin. (b)DistributionSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Baseball Hall of Fame and Museum, with the understanding that the National Baseball Hall of Fame and Museum shall work with the Jackie Robinson Foundation, so that the 2 organizations may develop and operate education programs about the integration of baseball and preserve artifacts related to the integration of baseball.
 (c)AuditsThe National Baseball Hall of Fame and Museum shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).
 (d)LimitationNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.


		I
		111th CONGRESS
		1st Session
		H. R. 3724
		IN THE HOUSE OF REPRESENTATIVES

			October 6, 2009
			Ms. Berkley (for
			 herself, Mr. Abercrombie,
			 Mr. Brady of Texas,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Sam Johnson of Texas,
			 Mr. Lewis of Georgia,
			 Ms. Zoe Lofgren of California,
			 Ms. Schwartz,
			 Mr. Sensenbrenner, and
			 Mr. Thompson of California) 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 expand the
		  tip tax credit to employers of cosmetologists and to promote tax compliance in
		  the cosmetology sector.

		1.Short titleThis Act may be cited as the
			 Small Business Tax Equalization and
			 Compliance Act of 2009.
		2.Expansion of credit
			 for portion of social security taxes paid with respect to employee
			 tips
			(a)Expansion of
			 credit to other lines of businessParagraph (2) of section 45B(b)
			 of the Internal Revenue Code of 1986 is amended to read as follows:

					(2)Application only
				to certain lines of businessIn applying paragraph (1), there
				shall be taken into account only tips received from customers or clients in
				connection with—
						(A)the providing,
				delivering, or serving of food or beverages for consumption if the tipping of
				employees delivering or serving food or beverages by customers is customary,
				or
						(B)the providing of
				any cosmetology service for customers or clients at a facility licensed to
				provide such service if the tipping of employees providing such service is
				customary.

			(b)Definition of
			 cosmetology serviceSection 45B of such Code is amended by
			 redesignating subsections (c) and (d) as subsections (d) and (e), respectively,
			 and by inserting after subsection (b) the following new subsection:

					(c)Cosmetology
				serviceFor purposes of this section, the term cosmetology
				service means—
						(1)hairdressing,
						(2)haircutting,
						(3)manicures and
				pedicures,
						(4)body waxing,
				facials, mud packs, wraps, and other similar skin treatments, and
						(5)any other
				beauty-related service provided at a facility at which a majority of the
				services provided (as determined on the basis of gross revenue) are described
				in paragraphs (1) through (4).

			(c)Effective
			 dateThe amendments made by this section shall apply to tips
			 received for services performed after December 31, 2008.
			3.Information
			 reporting and taxpayer education for providers of cosmetology services
			(a)In
			 generalSubpart B of part III of subchapter A of chapter 61 of
			 the Internal Revenue Code of 1986 is amended by inserting after section 6050W
			 the following new section:

					6050X.Returns
				relating to cosmetology services and information to be provided to
				cosmetologists
						(a)In
				generalEvery person (referred to in this section as a
				reporting person) who—
							(1)employs 1 or more
				cosmetologists to provide any cosmetology service,
							(2)rents a chair to 1
				or more cosmetologists to provide any cosmetology service on at least 5
				calendar days during a calendar year, or
							(3)in connection with
				its trade or business or rental activity, otherwise receives compensation from,
				or pays compensation to, 1 or more cosmetologists for the right to provide
				cosmetology services to, or for cosmetology services provided to, third-party
				patrons,
							shall
				comply with the return requirements of subsection (b) and the taxpayer
				education requirements of subsection (c).(b)Return
				requirementsThe return requirements of this subsection are met
				by a reporting person if the requirements of each of the following paragraphs
				applicable to such person are met.
							(1)EmployeesIn
				the case of a reporting person who employs 1 or more cosmetologists to provide
				cosmetology services, the requirements of this paragraph are met if such person
				meets the requirements of sections 6051 (relating to receipts for employees)
				and 6053(b) (relating to tip reporting) with respect to each such
				employee.
							(2)Independent
				contractorsIn the case of a reporting person who pays
				compensation to 1 or more cosmetologists (other than as employees) for
				cosmetology services provided to third-party patrons, the requirements of this
				paragraph are met if such person meets the applicable requirements of section
				6041 (relating to returns filed by persons making payments of $600 or more in
				the course of a trade or business), section 6041A (relating to returns to be
				filed by service-recipients who pay more than $600 in a calendar year for
				services from a service provider), and each other provision of this subpart
				that may be applicable to such compensation.
							(3)Chair
				renters
								(A)In
				generalIn the case of a reporting person who receives rent or
				other fees or compensation from 1 or more cosmetologists for use of a chair or
				for rights to provide any cosmetology service at a salon or other similar
				facility for more than 5 days in a calendar year, the requirements of this
				paragraph are met if such person—
									(i)makes a return,
				according to the forms or regulations prescribed by the Secretary, setting
				forth the name, address, and TIN of each such cosmetologist and the amount
				received from each such cosmetologist, and
									(ii)furnishes to each
				cosmetologist whose name is required to be set forth on such return a written
				statement showing—
										(I)the name, address,
				and phone number of the information contact of the reporting person,
										(II)the amount received
				from such cosmetologist, and
										(III)a statement
				informing such cosmetologist that (as required by this section), the reporting
				person has advised the Internal Revenue Service that the cosmetologist provided
				cosmetology services during the calendar year to which the statement
				relates.
										(B)Method and time
				for providing statementThe written statement required by clause
				(ii) of subparagraph (A) shall be furnished (either in person or by first-class
				mail which includes adequate notice that the statement or information is
				enclosed) to the person on or before January 31 of the year following the
				calendar year for which the return under clause (i) of subparagraph (A) is to
				be made.
								(c)Taxpayer
				education requirementsIn the case of a reporting person who is
				required to provide a statement pursuant to subsection (b), the requirements of
				this subsection are met if such person provides to each such cosmetologist
				annually a publication, as designated by the Secretary, describing—
							(1)in the case of an
				employee, the tax and tip reporting obligations of employees, and
							(2)in the case of a
				cosmetologist who is not an employee of the reporting person, the tax
				obligations of independent contractors or proprietorships.
							The
				publications shall be furnished either in person or by first-class mail which
				includes adequate notice that the publication is enclosed.(d)DefinitionsFor
				purposes of this section—
							(1)Cosmetologist
								(A)In
				generalThe term cosmetologist means an individual
				who provides any cosmetology service.
								(B)Anti-avoidance
				ruleThe Secretary may by regulation or ruling expand the term
				cosmetologist to include any entity or arrangement if the
				Secretary determines that entities are being formed to circumvent the reporting
				requirements of this section.
								(2)Cosmetology
				serviceThe term cosmetology service has the meaning
				given to such term by section 45B(c).
							(3)ChairThe
				term chair includes a chair, booth, or other furniture or
				equipment from which an individual provides a cosmetology service (determined
				without regard to whether the cosmetologist is entitled to use a specific
				chair, booth, or other similar furniture or equipment or has an exclusive right
				to use any such chair, booth, or other similar furniture or equipment).
							(e)Exceptions for
				certain employeesSubsection (c) shall not apply to a reporting
				person with respect to an employee who is employed in a capacity for which
				tipping (or sharing tips) is not
				customary.
						.
			(b)Conforming
			 amendments
				(1)Section
			 6724(d)(1)(B) of such Code (relating to the definition of information returns)
			 is amended by redesignating clause (xvi) and all that follows as clauses (xvii)
			 through (xxiv), respectively, and by inserting after clause (xiv) the following
			 new clause:

						(xvi)section 6050X(a)
				(relating to returns by cosmetology service
				providers).
						.
				(2)Section 6724(d)(2)
			 of such Code is amended by striking the period at the end of subparagraph (FF)
			 and inserting , or, and by inserting after subparagraph (FF) the
			 following new subparagraph:

						(GG)subsections (b)(3)(A)(ii) and (c)
				of section 6050X (relating to cosmetology service providers) even if the
				recipient is not a
				payee.
						.
				(3)The table of
			 sections for subpart B of part III of subchapter A of chapter 61 of the
			 Internal Revenue Code of 1986 is amended by adding after the item relating to
			 section 6050W the following new item:

							Sec. 6050X. Returns relating to cosmetology services and
				information to be provided to
				cosmetologists.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to calendar
			 years after 2008.


110 HR 6016 IH: Post Office Modernization Act of 2008
U.S. House of Representatives
2008-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
2d Session
H. R. 6016
IN THE HOUSE OF REPRESENTATIVES

May 8, 2008
Mr. Stupak introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL
To amend title 39, United States Code, to require post offices to have running water and sanitation facilities and prohibiting the closure of post offices based on a lack of running water and sanitation facilities.

1.Short titleThis Act may be cited as the Post Office Modernization Act of 2008.
2.Water and sanitation requirements
(a)In generalChapter 4 of title 39, United States Code, is amended by adding at the end the following new section:

417.Water and sanitation requirements The Postal Service shall ensure that every post office has access to running water and to bathroom facilities connected to either a sewer system or a septic tank..
(b)Non-conforming post officesNot later than 30 days after the date of the enactment of this Act, the Postal Service shall begin upgrades to ensure compliance with the requirements of section 417, United States Code (as added by subsection (a)).
3.Prohibition of closure based on lacking facilitiesSection 404(b)(2)(B) of title 39, United States Code, is amended to read as follows:

(B)may not consider—
(i)compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); or
(ii)whether the requirements of section 417 are met in connection with the post office..


		III
		110th CONGRESS
		2d Session
		S. RES. 691
		IN THE SENATE OF THE UNITED
		  STATES

			September 27
			 (legislative day, September 17), 2008
			Mr. Hatch (for himself,
			 Mr. Bennett, Mr. Cochran, Mr.
			 Durbin, Mr. Brown,
			 Mr. Levin, and Mr. Casey) submitted the following resolution; which
			 was considered and agreed to

		RESOLUTION
		Designating Thursday, November 20, 2008, as
		  Feed America Day.

		Whereas
			 Thanksgiving Day celebrates the spirit of selfless giving and an appreciation
			 for family and friends;
		Whereas
			 the spirit of Thanksgiving Day is a virtue upon which the Nation was
			 founded;
		Whereas, according to the Department of
			 Agriculture, roughly 35,000,000 people in the United States, including
			 12,000,000 children, continue to live in households that do not have an
			 adequate supply of food; and
		Whereas
			 selfless sacrifice breeds a genuine spirit of thanksgiving, both affirming and
			 restoring fundamental principles in our society: Now, therefore, be it

		That the Senate—
			(1)designates Thursday, November 20, 2008, as
			 Feed America Day; and
			(2)encourages the people of the United States
			 to sacrifice 2 meals on Feed America Day and to donate the money that they
			 would have spent on food to a religious or charitable organization of their
			 choice for the purpose of feeding the hungry.


		I
		112th CONGRESS
		1st Session
		H. R. 1977
		IN THE HOUSE OF REPRESENTATIVES

			May 24, 2011
			Ms. Waters (for
			 herself, Mr. Frank of Massachusetts,
			 and Mr. Gutierrez) introduced the
			 following bill; which was referred to the Committee on Financial
			 Services

		A BILL
		To improve the financial safety and soundness of the FHA
		  mortgage insurance program.

		1.Short title and table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the FHA Reform Act of
			 2011.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Indemnification by mortgagees.
					Sec. 3. Delegation of insuring authority.
					Sec. 4. Authority to terminate mortgagee origination and
				underwriting approval.
					Sec. 5. Deputy Assistant Secretary of FHA for Risk Management
				and Regulatory Affairs.
					Sec. 6. Review of mortgagee performance.
					Sec. 7. Coordination with State regulatory
				agencies.
					Sec. 8. Reporting of mortgagee actions taken against other
				mortgagees.
					Sec. 9. Review of downpayment requirements.
					Sec. 10. Authorization to participate in the origination of
				FHA-insured loans.
					Sec. 11. Default and origination information by loan servicer
				and originating direct endorsement lender.
					Sec. 12. Third party servicer outreach.
					Sec. 13. Maximum mortgage amount limits for multifamily
				housing.
					Sec. 14. Mortgage insurance premium refunds.

			2.Indemnification
			 by mortgageesSection 202 of
			 the National Housing Act (12 U.S.C. 1708) is amended by adding at the end the
			 following new subsection:

				(i)Indemnification
				by mortgagees
					(1)In
				generalIf the Secretary
				determines that a mortgage executed by a mortgagee approved by the Secretary
				under the direct endorsement program or insured by a mortgagee pursuant to the
				delegation of authority under section 256 was not originated or underwritten in
				accordance with the requirements established by the Secretary, and the
				Secretary pays an insurance claim with respect to the mortgage within a
				reasonable period specified by the Secretary, the Secretary may require the
				mortgagee approved by the Secretary under the direct endorsement program or the
				mortgagee delegated authority under section 256 to indemnify the Secretary for
				the loss.
					(2)Fraud or
				misrepresentationIf fraud or misrepresentation was involved in
				connection with the origination or underwriting, the Secretary may require the
				mortgagee approved by the Secretary under the direct endorsement program or the
				mortgagee delegated authority under section 256 to indemnify the Secretary for
				the loss regardless of when an insurance claim is paid.
					(3)Requirements and
				proceduresThe Secretary shall issue regulations establishing
				appropriate requirements and procedures governing the indemnification of the
				Secretary by the
				mortgagee.
					.
		3.Delegation of
			 insuring authoritySection 256
			 of the National Housing Act (12 U.S.C. 1715z–21) is amended—
			(1)by striking
			 subsection (c);
			(2)in subsection (e),
			 by striking , including and all that follows through by
			 the mortgagee; and
			(3)by redesignating
			 subsections (d) and (e) as subsections (c) and (d), respectively.
			4.Authority to
			 terminate mortgagee origination and underwriting approvalSection 533 of the National Housing Act (12
			 U.S.C. 1735f–11) is amended—
			(1)in the first
			 sentence of subsection (b), by inserting or areas or on a nationwide
			 basis after area each place such term appears;
			 and
			(2)in subsection (c),
			 by striking (c) and all that follows through The
			 Secretary  in the first sentence of paragraph (2) and inserting the
			 following:

					(c)Termination of
				mortgagee origination and underwriting approval
						(1)Termination
				authorityIf the Secretary
				determines, under the comparison provided in subsection (b), that a mortgagee
				has a rate of early defaults and claims that is excessive, the Secretary may
				terminate the approval of the mortgagee to originate or underwrite single
				family mortgages for any area, or areas, or on a nationwide basis,
				notwithstanding section 202(c) of this Act.
						(2)ProcedureThe
				Secretary
						.
			5.Deputy Assistant
			 Secretary of FHA for Risk Management and Regulatory Affairs
			(a)Establishment of
			 positionSubsection (b) of
			 section 4 of the Department of Housing and Urban Development Act (42 U.S.C.
			 3533(b)) is amended—
				(1)by inserting
			 (1) after (b); and
				(2)by adding at the
			 end the following new paragraph:

						(2)There shall be in the Department, within
				the Federal Housing Administration, a Deputy Assistant Secretary for Risk
				Management and Regulatory Affairs, who shall be appointed by the Secretary and
				shall be responsible to the Federal Housing Commissioner for all matters
				relating to managing and mitigating risk to the mortgage insurance funds of the
				Department and ensuring the performance of mortgages insured by the
				Department.
						.
				(b)TerminationUpon the appointment and confirmation of
			 the initial Deputy Assistant Secretary for Risk Management and Regulatory
			 Affairs pursuant to section 4(b)(2) of the Department of Housing and Urban
			 Development Act, as amended by subsection (a) of this section, the position of
			 chief risk officer within the Federal Housing Administration, filled by
			 appointment by the Federal Housing Commissioner, is abolished.
			6.Review of mortgagee
			 performanceSection 533 of the
			 National Housing Act (12 U.S.C. 1735f–11) is amended—
			(1)in subsection (a),
			 by inserting after the period at the end the following: For purposes of
			 this subsection, the term early default means a default that
			 occurs within 24 months after a mortgage is originated or such alternative
			 appropriate period as the Secretary shall establish.;
			(2)in subsection (b),
			 by inserting after the period at the end of the first sentence the following:
			 The Secretary shall also identify which mortgagees have had a
			 significant or rapid increase, as determined by the Secretary, in the number or
			 percentage of early defaults and claims on such mortgages, with respect to all
			 mortgages originated by the mortgagee or mortgages on housing located in any
			 particular geographic area or areas.
			(3)by adding at the
			 end the following new subsections:

					(d)Sufficient
				resourcesThere is authorized
				to be appropriated to the Secretary for each of fiscal years 2012 through 2016
				the amount necessary to provide additional full-time equivalent positions for
				the Department, or for entering into such contracts as are necessary, to
				conduct reviews in accordance with the requirements of this section and to
				carry out other responsibilities relating to ensuring the safety and soundness
				of the Mutual Mortgage Insurance Fund.
					(e)Reporting to
				CongressNot later than 90
				days after the date of enactment of the FHA
				Reform Act of 2011 and not less often than annually thereafter,
				the Secretary shall make available to the Committee on Financial Services of
				the House of Representatives and the Committee on Banking, Housing, and Urban
				Affairs of the Senate any information and conclusions pursuant to the reviews
				required under subsection (a). Such report shall not include detailed
				information on the performance of individual
				mortgages.
					.
			7.Coordination with
			 State regulatory agenciesSection 202 of the National Housing Act (12
			 U.S.C. 1708), as amended by the preceding provisions of this Act, is further
			 amended by adding at the end the following new subsection:

				(j)Information
				sharing with State regulatory agencies
					(1)Joint protocol
				on information sharingThe
				Secretary shall, through consultation with State regulatory agencies, pursue
				protocols for information sharing, including the appropriate treatment of
				confidential or otherwise restricted information, regarding either actions
				described in subsection (c)(3) of this section or disciplinary or enforcement
				actions by a State regulatory agency or agencies against a mortgagee (as such
				term is defined in subsection (c)(7)).
					(2)CoordinationTo
				the greatest extent possible, the Secretary and appropriate State regulatory
				agencies shall coordinate disciplinary and enforcement actions involving
				mortgagees (as such term is defined in subsection
				(c)(7)).
					.
		8.Reporting of
			 mortgagee actions taken against other mortgageesSection 202 of the National Housing Act (12
			 U.S.C. 1708(e)), as amended by the preceding provisions of this Act, is further
			 amended by adding at the end the following new subsection:

				(k)Notification of
				mortgagee actionsThe
				Secretary shall require each mortgagee, as a condition for approval by the
				Secretary to originate or underwrite mortgages on single family or multifamily
				housing that are insured by the Secretary, if such mortgagee engages in the
				purchase of mortgages insured by the Secretary and originated by other
				mortgagees or in the purchase of the servicing rights to such mortgages, and
				such mortgagee at any time takes action to terminate or discontinue such
				purchases from another mortgagee based on any determination, evidence, or
				report of fraud or material misrepresentation in connection with the
				origination of such mortgages, the mortgagee shall, not later than 15 days
				after taking such action, shall notify the Secretary of the action taken and
				the reasons for such
				action.
				.
		9.Review of downpayment
			 requirementsSection 205 of
			 the National Housing Act (12 U.S.C. 1711) is amended by adding at the end the
			 following new subsection:

				(g)Review of
				downpayment requirementsIf,
				at any time when the capital ratio (as such term is defined in subsection (f))
				of the Mutual Mortgage Insurance Fund does not comply with the requirement
				under subsection (f)(2), the Secretary establishes a cash investment
				requirement, for all mortgages or mortgagors or with respect to any group of
				mortgages or mortgagors, that exceeds the minimum percentage or amount required
				under section 203(b)(9), thereafter upon the capital ratio first complying with
				the requirement under subsection (f)(2) the Secretary shall review such cash
				investment requirement and, if the Secretary determines that such percentage or
				amount may be reduced while maintaining such compliance, the Secretary may
				subsequently reduce such requirement by such percentage or amount as the
				Secretary considers
				appropriate.
				.
		10.Authorization to
			 participate in the origination of FHA-insured loans
			(a)Single family
			 mortgagesSection 203(b) of the National Housing Act (12 U.S.C.
			 1709(b)) is amended by striking paragraph (1) and inserting the following new
			 paragraph:

					(1)Have been made to
				a mortgagee approved by the Secretary or to a person or entity authorized by
				the Secretary under section 202(d)(1) to participate in the origination of the
				mortgage, and be held by a mortgagee approved by the Secretary as responsible
				and able to service the mortgage
				properly.
					.
			(b)Home equity
			 conversion mortgagesSection 255(d) of the National Housing Act
			 (12 U.S.C. 1715z–20(d)) is amended by striking paragraph (1) and inserting the
			 following new paragraph:

					(1)have been
				originated by a mortgagee approved by, or by a person or entity authorized
				under section 202(d)(1) to participate in the origination by, the
				Secretary;
					.
			11.Default and
			 origination information by loan servicer and originating direct endorsement
			 lender
			(a)Collection of
			 informationParagraph (2) of
			 section 540(b) of the National Housing Act (12 U.S.C. 1712 U.S.C.
			 1735f–18(b)(2)) is amended by adding at the end the following new
			 subparagraph:

					(C)For each entity that services insured
				mortgages, data on the performance of mortgages originated during each calendar
				quarter occurring during the applicable collection period, disaggregated by the
				direct endorsement mortgagee from whom such entity acquired such
				servicing.
					.
			(b)ApplicabilityInformation
			 described in subparagraph (C) of section 540(b)(2) of the National Housing Act,
			 as added by subsection (a) of this section, shall first be made available under
			 such section 540 for the applicable collection period (as such term is defined
			 in such section) relating to the first calendar quarter ending after the
			 expiration of the 12-month period that begins on the date of the enactment of
			 this Act.
			12.Third party
			 servicer outreach
			(a)AuthorityThe Secretary of Housing and Urban
			 Development may, to the extent any amounts for fiscal year 2012 or 2013 are
			 made available in advance in appropriation Acts for reimbursements under this
			 section, provide reimbursement to servicers of covered mortgages (as such term
			 is defined in subsection (f)) for costs of obtaining the services of
			 independent third parties meeting the requirements under subsection (b) of this
			 section to make in-person contact with mortgagors under covered mortgages whose
			 payments under such mortgages are 60 or more days past due, solely for the
			 purposes of providing information to such mortgagors regarding—
				(1)available
			 counseling by housing counseling agencies approved by the Secretary;
				(2)available mortgage
			 loan modification, refinance, and assistance programs; and
				(3)available counseling regarding financial
			 management and credit risk.
				(b)Qualified
			 independent third partiesAn independent third party meets the
			 requirements of this subsection if the third party—
				(1)is an entity,
			 including a housing counseling agency approved by the Secretary, that meets
			 standards, qualifications, and requirements (including regarding foreclosure
			 prevention training, quality monitoring, safeguarding of non-public
			 information) established by the Secretary for purposes of this section for
			 in-person contact about available mortgage loan modification, refinance, and
			 assistance programs; and
				(2)does not charge
			 any fees or require other payments, directly or indirectly, from any mortgagor
			 for making in-person contact and providing information and documents under this
			 section.
				(c)Treatment of
			 personal, non-Public, and confidential informationAn
			 independent third party whose services are obtained using amounts made
			 available for use under this section and the mortgage servicer obtaining such
			 services shall not use, disclose, or distribute any personal, non-public, or
			 confidential information about a mortgagor obtained during an in-person contact
			 with the mortgagor, except for purposes of engaging in the process of
			 modification or refinance of the covered mortgage.
			(d)Date of contact
			 and disclosuresEach independent third party whose services are
			 obtained by a mortgage servicer using amounts made available for use under this
			 section shall—
				(1)initiate in-person contact with a mortgagor
			 not later than 10 days after the date upon which payments under the covered
			 mortgage of the mortgagor become 60 days past due; and
				(2)upon making
			 in-person contact with a mortgagor, provide the mortgagor with a written
			 document that discloses—
					(A)the name of, and
			 contact information for, the independent third party and the mortgage
			 servicer;
					(B)that the
			 independent third party has contracted with the mortgage servicer to provide
			 the in-person contact at no charge to the mortgagor;
					(C)that the
			 independent third party is an agent of the mortgage servicer;
					(D)that the in-person contact with the
			 mortgagor consists of providing information about available counseling by a
			 housing counseling agency approved by the Secretary and available mortgage loan
			 modification, refinance, and assistance programs;
					(E)that the independent third party and the
			 mortgage servicer are prohibited from the use, disclosure, or distribution of
			 personal, non-public, and confidential information about the mortgagor,
			 obtained during the in-person contact, except for purposes of engaging in the
			 process of modification or refinance of the covered mortgage;
					(F)any other
			 information that the Secretary determines should be disclosed.
					(e)PriorityIn providing reimbursements under this
			 section, the Secretary of Housing and Urban Development shall provide priority
			 to independent third parties serving mortgagors under covered mortgages in
			 areas experiencing a mortgage foreclosure rate and unemployment rate higher
			 than the national average for the most recent 12-month period for which
			 satisfactory data are available.
			(f)Definition of
			 covered mortgageFor purposes
			 of this section, the term covered mortgage means a mortgage on a
			 1- to 4-family residence insured under the provisions of subsection (b) or (k)
			 of section 203, section 234(c), or 251 of the National Housing Act (12 U.S.C.
			 1709, 1715y, 1715z–16).
			13.Maximum mortgage
			 amount limits for multifamily housing
			(a)Elevator-Type
			 structures
				(1)AmendmentsThe National Housing Act is amended in each
			 of the provisions specified in paragraph (2)—
					(A)by inserting
			 with sound standards of construction and design after
			 elevator-type structures the first place such term appears;
			 and
					(B)by striking
			 to not to exceed and all that follows through sound
			 standards of construction and design each place such terms appear and
			 inserting by not more than 50 percent of the amounts specified for each
			 unit size.
					(2)Provisions
			 amendedThe provisions of the
			 National Housing Act specified in this paragraph are as follows:
					(A)Subparagraph (A)
			 of section 207(c)(3) (12 U.S.C. 1713(c)(3)(A)).
					(B)Subparagraph (A)
			 of section 213(b)(2) (12 U.S.C. 1715e(b)(2)(A)).
					(C)Subclause (I) of section 220(d)(3)(B)(iii)
			 (12 U.S.C. 1715k(d)(3)(B)(iii)(I)).
					(D)In section 221(d)
			 (12 U.S.C. 1715l(d))—
						(i)subclause (I) of
			 paragraph (3)(ii); and
						(ii)subclause (I) of paragraph (4)(ii).
						(E)Subparagraph (A)
			 of section 231(c)(2) (12 U.S.C. 1715v(c)(2)(A)).
					(F)Subparagraph (A)
			 of section 234(e)(3) (12 U.S.C. 1715y(e)(3)(A)).
					(b)Extremely
			 high-Cost areasSection 214 of the National Housing Act (12
			 U.S.C. 1715d) is amended—
				(1)in the first
			 sentence—
					(A)by inserting , or with respect to
			 projects consisting of more than four dwelling units located in an extremely
			 high-cost area as determined by the Secretary after or the
			 Virgin Islands the first place such term appears;
					(B)by inserting
			 , or to construct projects consisting of more than four dwelling units
			 on property located in an extremely high-cost area as determined by the
			 Secretary after or the Virgin Islands the second place
			 such term appears; and
					(C)by inserting
			 , or with respect to projects consisting of more than four dwelling
			 units located in an extremely high-cost area as determined by the
			 Secretary after or the Virgin Islands the third place
			 such term appears;
					(2)in the second sentence—
					(A)by inserting
			 , or with respect to a project consisting of more than four dwelling
			 units located in an extremely high-cost area as determined by the
			 Secretary, after or the Virgin Islands the first place
			 such term appears; and
					(B)by inserting , or in the case of a
			 project consisting of more than four dwelling units in an extremely high-cost
			 area as determined by the Secretary, in such extremely high-cost area,
			 after or the Virgin Islands the second place such term appears;
			 and
					(3)in the section
			 heading, by striking and the virgin islands and
			 inserting the virgin
			 islands, and extremely high-cost areas.
				(c)Effective
			 dateThe amendments made by this section shall apply to mortgages
			 insured under title II of the National Housing Act after September 30,
			 2011.
			14.Mortgage insurance
			 premium refunds
			(a)AuthorityThe
			 Secretary of Housing and Urban Development shall, to the extent that amounts
			 are made available pursuant to subsection (c), provide refunds of unearned
			 premium charges paid at the time of insurance for mortgage insurance under
			 title II of the National Housing Act (12 U.S.C. 1707 et seq.) to or on behalf
			 of mortgagors under mortgages described in subsection (b).
			(b)Eligible
			 mortgagesA mortgage described in this section is a mortgage on a
			 one- to four-family dwelling that—
				(1)was insured under
			 title II of the National Housing Act (12 U.S.C. 1707 et seq.);
				(2)is otherwise
			 eligible, under the last sentence of subparagraph (A) of section 203(c)(2) of
			 such Act (12 U.S.C. 1709(c)(2)(A)), for a refund of all unearned premium
			 charges paid on the mortgage pursuant to such subparagraph, except that the
			 mortgage—
					(A)was closed before
			 December 8, 2004; and
					(B)was endorsed on or
			 after such date.
					(c)Authorization of
			 appropriationsThere is authorized to be appropriated for each
			 fiscal year such sums as may be necessary to provide refunds of unearned
			 mortgage insurance premiums pursuant to this section.


116 S4894 IS: Dental and Optometric Care Access Act
U.S. Senate
2020-11-12
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.

II116th CONGRESS2d SessionS. 4894IN THE SENATE OF THE UNITED STATESNovember 12, 2020Mr. Manchin (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend title XXVII of the Public Health Service Act to improve health care coverage under vision and dental plans, and for other purposes.1.Short titleThis Act may be cited as the Dental and Optometric Care Access Act of 2019 or the DOC Access Act of 2019.2.Improving health care coverage under vision and dental plans(a)In generalTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg–19a) the following new section:2719B.Improving coverage under vision and dental plans(a)In generalUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply:(1)Payment amounts from covered persons(A)In generalThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services.(B)Items or services considered covered by a planFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C)Exception for dental cleaningFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2)Duration of limited scope vision and dental plansIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits—(A)the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and(B)the agreement may be extended for unlimited terms, subject to subparagraph (A).(3)No restrictions on choice of laboratoriesThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage.(b)Private right of actionIn addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection.(c)Relationship to exception for limited, excepted benefitsSection 2722(c)(1) shall not apply with respect to the requirements of this section.(d)Election To be excluded(1)In generalIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2)Period of electionAn election under paragraph (1)—(A)shall apply for a single specified plan year;(B)may be extended through subsequent elections under this subsection; and (C)shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e)DefinitionsIn this section:(1)The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2)The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions.(3)The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices..(b)Conforming amendmentSection 2722(c)(1) of the Public Health Service Act (42 U.S.C. 300gg–21(c)(1)) is amended by striking The requirements and inserting Subject to section 2719B, the requirements.(c)Exclusive applicability of State lawNotwithstanding any amendment made by this Act, State law that directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the amendments made by this Act shall not apply to the extent that such State law conflicts with such amendments. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are directly governed by such State.