117 S1434 IS: Protecting Americans from Dangerous Opioids Act
U.S. Senate
2021-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1434IN THE SENATE OF THE UNITED STATESApril 28, 2021Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo require the Food and Drug Administration to revoke the approval of one opioid pain medication for each new opioid pain medication approved.1.Short titleThis Act may be cited as the Protecting Americans from Dangerous Opioids Act.2.FindingsCongress finds as follows:(1)Opioids killed more than 36,000 people in the United States in 2019, more than any year on record. In 2019, nearly half of all drug overdose deaths involved a prescription opioid or synthetic opioid.(2)According to the Centers for Disease Control, 3 out of 4 new heroin users abused prescription opioids before moving to heroin.(3)The United States makes up only 4.6 percent of the world's population, but consumes 80 percent of its opioid pain medications.(4)In 2012, health care providers wrote 259,000,000 prescriptions for painkillers, enough for every individual in the United States to have a bottle of pills.(5)The amount of prescription opioids sold in the United States has nearly quadrupled since 1999 without a reported increase in pain. At the same time overdose deaths involving opioids have also quadrupled since 1999.(6)In 2020, over 90,000 people are predicted to have died of drug overdose, the highest number on record.3.Requirement to revoke approval(a)In generalNotwithstanding any other provision of law, if the Secretary of Health and Human Services (referred to in this section as the Secretary) approves an application under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for an opioid drug, the Secretary shall revoke the approval of another opioid drug previously approved under such subsection (b) or (j).(b)ConsiderationsIn determining the drug for which the Secretary will revoke approval pursuant to subsection (a), the Secretary shall—(1)prioritize revocation of non-abuse deterrent formulations of opioid drugs; and(2)consider the public health impact of the opioid drug being on the market.


		II
		109th CONGRESS
		2d Session
		S. 3784
		IN THE SENATE OF THE UNITED STATES

			August 3, 2006
			Mr. Reed introduced the
			 following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To provide wage parity for certain prevailing rate
		  employees in Rhode Island.

		1.Short titleThis Act may be cited as the
			 Rhode Island Federal Worker Fairness
			 Act of 2006.
		2.Wage parity for
			 certain prevailing rate employees in Rhode IslandThe wage schedules and rates applicable to
			 prevailing rate employees (as defined in section 5342 of title 5, United States
			 Code) in the Narragansett Bay, Rhode Island, wage area shall be the same as the
			 wage schedules and rates applicable to prevailing rate employees in the Boston,
			 Massachusetts, wage area.
		3.Effective
			 dateSection 2 shall take
			 effect beginning with the first pay period beginning on or after the date of
			 enactment of this Act.


116 SRES 57 IS: Authorizing expenditures by the Committee on the Judiciary.
U.S. Senate

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

III116th CONGRESS1st SessionS. RES. 57IN THE SENATE OF THE UNITED STATESFebruary 7, 2019Mr. Graham, from the Committee on the Judiciary, reported the following original resolution; which was referred to the Committee on Rules and AdministrationRESOLUTIONAuthorizing expenditures by the Committee on the Judiciary.

		1.General
 authorityIn carrying out its powers, duties, and functions under the Standing Rules of the Senate, in accordance with its jurisdiction under rule XXV of the Standing Rules of the Senate, including holding hearings, reporting such hearings, and making investigations as authorized by paragraphs 1 and 8 of rule XXVI of the Standing Rules of the Senate, the Committee on the Judiciary (in this resolution referred to as the committee) is authorized from March 1, 2019, through February 28, 2021, in its discretion, to—
 (1)make expenditures from the contingent fund of the Senate;
 (2)employ personnel; and (3)with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, use on a reimbursable or nonreimbursable basis the services of personnel of any such department or agency.
			2.Expenses
			(a)Expenses for
 period ending September 30, 2019The expenses of the committee for the period March 1, 2019, through September 30, 2019, under this resolution shall not exceed $6,280,596, of which amount—
 (1)not to exceed $116,667 may be expended for the procurement of the services of individual consultants, or organizations thereof (as authorized by section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i))); and
 (2)not to exceed $11,667 may be expended for the training of the professional staff of the committee (under procedures specified by section 202(j) of that Act).
 (b)Expenses for fiscal year 2020 periodThe expenses of the committee for the period October 1, 2019, through September 30, 2020, under this resolution shall not exceed $10,766,736, of which amount—
 (1)not to exceed $200,000 may be expended for the procurement of the services of individual consultants, or organizations thereof (as authorized by section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i))); and
 (2)not to exceed $20,000 may be expended for the training of the professional staff of the committee (under procedures specified by section 202(j) of that Act).
 (c)Expenses for period ending February 28, 2021The expenses of the committee for the period October 1, 2020, through February 28, 2021, under this resolution shall not exceed $4,486,140, of which amount—
 (1)not to exceed $83,333 may be expended for the procurement of the services of individual consultants, or organizations thereof (as authorized by section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i))); and
 (2)not to exceed $8,333 may be expended for the training of the professional staff of the committee (under procedures specified by section 202(j) of that Act).
				3.Expenses and
			 agency contributions
			(a)Expenses of the
			 committee
				(1)In
 generalExcept as provided in paragraph (2), expenses of the committee under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee.
				(2)Vouchers not
 requiredVouchers shall not be required for— (A)the disbursement of salaries of employees paid at an annual rate;
 (B)the payment of telecommunications provided by the Office of the Sergeant at Arms and Doorkeeper;
 (C)the payment of stationery supplies purchased through the Keeper of the Stationery;
 (D)payments to the Postmaster of the Senate;
 (E)the payment of metered charges on copying equipment provided by the Office of the Sergeant at Arms and Doorkeeper;
 (F)the payment of Senate Recording and Photographic Services; or
 (G)the payment of franked and mass mail costs by the Sergeant at Arms and Doorkeeper.
					(b)Agency
 contributionsThere are authorized to be paid from the appropriations account for Expenses of Inquiries and Investigations of the Senate such sums as may be necessary for agency contributions related to the compensation of employees of the committee—
 (1)for the period March 1, 2019, through September 30, 2019; (2)for the period October 1, 2019, through September 30, 2020; and
 (3)for the period October 1, 2020, through February 28, 2021.


		II
		111th CONGRESS
		1st Session
		S. 235
		IN THE SENATE OF THE UNITED STATES

			January 14, 2009
			Mr. Schumer (for himself
			 and Mr. Udall of Colorado) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Truth in Lending Act to
		  establish fair and transparent practices relating to the extension of credit
		  under an open end consumer credit plan, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Credit Cardholders’ Bill of Rights Act
			 of 2009.
		2.Credit cards on
			 terms consumers can repay
			(a)Retroactive rate
			 increases and universal default limitedChapter 2 of the Truth in Lending Act (15
			 U.S.C. 1631 et seq.) is amended by inserting after section 127A the following
			 new section:

					127B.Additional
				requirements for credit card accounts under an open end credit plan
						(a)Retroactive rate
				increases and universal default limited
							(1)In
				generalExcept as provided in
				subsection (b), no creditor may increase any annual percentage rate of interest
				applicable to the existing balance on a credit card account of the consumer
				under an open end credit plan.
							(2)Existing balance
				definedFor purposes of this
				subsection and subsections (b) and (c), the term existing balance
				means the amount owed on a consumer credit card account as of the end of the
				14th day after the creditor provides notice of an increase in the annual
				percentage rate in accordance with subsection (c).
							(3)Treatment of
				existing balances following rate increaseIf a creditor increases any annual
				percentage rate of interest applicable to the credit card account of a consumer
				under an open end credit plan and there is an existing balance in the account
				to which such increase may not apply, the creditor shall allow the consumer to
				repay the existing balance using a method provided by the creditor which is at
				least as beneficial to the consumer as one of the following methods:
								(A)An amortization period for the existing
				balance of at least 5 years starting from the date on which the increased
				annual percentage rate went into effect.
								(B)The percentage of the existing balance that
				was included in the required minimum periodic payment before the rate increase
				cannot be more than doubled.
								(4)Limitation on
				certain feesIf—
								(A)a creditor
				increases any annual percentage rate of interest applicable on a credit card
				account of the consumer under an open end credit plan; and
								(B)the creditor is prohibited by this section
				from applying the increased rate to an existing balance,
								the
				creditor may not assess any fee or charge based solely on the existing
				balance..
			(b)Exceptions to
			 the amendment made by subsection
			 (a)Section 127B of the Truth in
			 Lending Act is amended by inserting after subsection (a) (as added by
			 subsection (a)) the following new subsection:

					(b)Exceptions
						(1)In
				generalA creditor may increase any annual percentage rate of
				interest applicable to the existing balance on a credit card account of the
				consumer under an open end credit plan only under the following
				circumstances:
							(A)Change in
				indexThe increase is due
				solely to the operation of an index that is not under the creditor's control
				and is available to the general public.
							(B)Expiration or
				loss of promotional rateThe
				increase is due solely to—
								(i)the expiration of
				a promotional rate; or
								(ii)the loss of a
				promotional rate for a reason specified in the account agreement (e.g., late
				payment).
								(C)Payment not
				received during 30-day grace period after due dateThe
				increase is due solely to the fact that the consumer's minimum payment has not
				been received within 30 days after the due date for such minimum
				payment.
							(2)Limitation on
				increases due to loss of promotional rateNotwithstanding paragraph (1)(B)(ii), the
				annual percentage rate in effect after the increase permitted under such
				subsection due to the loss of a promotional rate may not exceed the annual
				percentage rate that would have applied under the terms of the agreement after
				the expiration of the promotional
				rate.
						.
			(c)Advance notice
			 of rate increasesSection 127B of the Truth in Lending Act is
			 amended by inserting after subsection (b) (as added by subsection (b)) the
			 following new subsection:

					(c)Advance notice
				of rate increasesIn the case
				of any credit card account under an open end credit plan, no increase in any
				annual percentage rate of interest may take effect unless the creditor provides
				a written notice to the consumer at least 45 days before the increase takes
				effect which fully describes the changes in the annual percentage rate, in a
				complete and conspicuous manner, and the extent to which such increase would
				apply to an existing
				balance.
					.
			(d)Clerical
			 amendmentThe table of sections for chapter 2 of the Truth in
			 Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after the item
			 relating to section 127A the following new item:

						127B. Additional requirements for credit
				card accounts under an open end credit
				plan.

					.
			3.Additional
			 provisions regarding account features, terms, and pricing
			(a)Double cycle
			 billing prohibitedSection
			 127B of the Truth in Lending Act is amended by inserting after subsection (c)
			 (as added by section 2(c)) the following new subsection:

					(d)Double cycle
				billing
						(1)In
				generalNo finance charge may
				be imposed by a creditor with respect to any balance on a credit card account
				under an open end credit plan that is based on balances for days in billing
				cycles preceding the most recent billing cycle.
						(2)ExceptionsParagraph (1) shall not apply so as to
				prohibit a creditor from—
							(A)charging a consumer for deferred interest
				even though that interest may have accrued over multiple billing cycles;
				or
							(B)adjusting finance charges following
				resolution of a billing error
				dispute.
							.
			(b)Limitations
			 relating to account balances attributable only to accrued
			 interestSection 127B is
			 amended by inserting after subsection (d) (as added by subsection (a)) the
			 following new subsection:

					(e)Limitations
				relating to account balances attributable only to accrued interest
						(1)In
				generalIf the outstanding
				balance on a credit card account under an open end credit plan at the end of a
				billing period represents an amount attributable only to interest accrued
				during the preceding billing period on an outstanding balance that was fully
				repaid during the preceding billing period—
							(A)no fee may be imposed or collected in
				connection with such balance attributable only to interest before such end of
				the billing period; and
							(B)any failure to make timely repayments of
				the balance attributable only to interest before such end of the billing period
				shall not constitute a default on the account.
							Such
				balance remains a legally binding debt obligation.(2)Rule of
				constructionParagraph (1) shall not be construed as
				affecting—
							(A)the consumer’s
				obligation to pay any accrued interest on a credit card account under an open
				end credit plan; or
							(B)the accrual of
				interest on the outstanding balance on any such account in accordance with the
				terms of the account and this
				title.
							.
			(c)Access to payoff
			 balance informationSection 127B of the Truth in Lending Act is
			 amended by inserting after subsection (e) (as added by subsection (b)) the
			 following new subsection:

					(f)Payoff balance
				informationEach periodic
				statement provided by a creditor to a consumer with respect to a credit card
				account under an open end credit plan shall contain the telephone number,
				Internet address, and worldwide website at which the consumer may request the
				payoff balance on the
				account.
					.
			(d)Consumer right
			 To reject card before notice is provided of open accountSection
			 127B of the Truth in Lending Act is amended by inserting after subsection (g)
			 (as added by subsection (c)) the following new subsection:

					(g)Consumer right
				To reject card before notice of new account is provided to consumer reporting
				agency
						(1)In
				generalA creditor may not furnish any information to a consumer
				reporting agency (as defined in section 603) concerning the establishment of a
				newly opened credit card account under an open end credit plan until the credit
				card has been used or activated by the consumer.
						(2)Rule of
				constructionParagraph (1)
				shall not be construed as prohibiting a creditor from furnishing information
				about any application for a credit card account under an open end credit plan
				or any inquiry about any such account to a consumer reporting agency (as so
				defined).
						.
			(e)Use of terms
			 clarifiedSection 127B of the Truth in Lending Act is amended by
			 inserting after subsection (g) (as added by subsection (d)) the following new
			 subsection:

					(h)Use of
				termsThe following
				requirements shall apply with respect to the terms of any credit card account
				under any open end credit plan:
						(1)Fixed
				rateThe term
				fixed, when appearing in conjunction with a reference to the
				annual percentage rate or interest rate applicable with respect to such
				account, may only be used to refer to an annual percentage rate or interest
				rate that will not change or vary for any reason over the period clearly and
				conspicuously specified in the terms of the account.
						(2)Prime
				rateThe term prime
				rate, when appearing in any agreement or contract for any such account,
				may only be used to refer to the bank prime rate published in the Federal
				Reserve Statistical Release on selected interest rates (daily or weekly), and
				commonly referred to as the H.15 release (or any successor publication).
						(3)Due
				date
							(A)In
				generalEach periodic
				statement for any such account shall contain a date by which the next periodic
				payment on the account must be made to avoid a late fee or be considered a late
				payment, and any payment received by 5 p.m., local time at the location
				specified by the creditor for the receipt of payment, on such date shall be
				treated as a timely payment for all purposes.
							(B)Certain
				electronic fund transfersAny
				payment with respect to any such account made by a consumer online to the
				website of the credit card issuer or by telephone directly to the credit card
				issuer before 5 p.m., local time at the location specified by the creditor for
				the receipt of payment, on any business day shall be credited to the consumer’s
				account that business day.
							(C)Presumption of
				timely paymentAny evidence
				provided by a consumer in the form of a receipt from the United States Postal
				Service or other common carrier indicating that a payment on a credit card
				account was sent to the issuer not less than 7 days before the due date
				contained in the periodic statement under subparagraph (A) for such payment
				shall create a presumption that such payment was made by the due date, which
				may be rebutted by the creditor for fraud or dishonesty on the part of the
				consumer with respect to the mailing
				date.
							.
			(f)Pro rata payment
			 allocationsSection 127B of the Truth in Lending Act is amended
			 by inserting after subsection (h) (as added by subsection (e)) the following
			 new subsection:

					(i)Pro rata payment
				allocations
						(1)In
				generalExcept as permitted under paragraph (2), if the
				outstanding balance on a credit card account under an open end credit plan
				accrues interest at two or more different annual percentage rates, the total
				amount of each periodic payment made on such account shall be allocated by the
				creditor between or among the outstanding balances at each such annual
				percentage rate in the same proportion as each such balance bears to the total
				outstanding balance on the account.
						(2)Allocation to
				higher rateNotwithstanding
				paragraph (1), a creditor may elect, in any case described in such paragraph,
				to allocate more than a pro rata share of any payment to a portion of the
				outstanding balance that bears a higher annual percentage rate than another
				portion of such outstanding balance.
						(3)Special rules
				for accounts with promotional rate balances or deferred interest
				balances
							(A)In
				generalNotwithstanding paragraph (1) or (2), in the case of a
				credit card account under an open end credit plan the current terms of which
				allow the consumer to receive the benefit of a promotional rate or deferred
				interest plan, amounts paid in excess of the required minimum payment shall be
				allocated to the promotional rate balance or the deferred interest balance only
				if other balances have been fully paid.
							(B)Exception for
				deferred interest balancesNotwithstanding subparagraph (A), a
				creditor may allocate the entire amount paid by the consumer in excess of the
				required minimum periodic payment to a balance on which interest is deferred
				during the 2 billing cycles immediately preceding the expiration of the period
				during which interest is deferred.
							(4)Prohibition on
				restricted grace periods under certain circumstancesIf, with respect to any credit card account
				under an open end credit, a creditor offers a time period in which to repay
				credit extended without incurring finance charges to cardholders who pay the
				balance in full, the creditor may not deny a consumer who takes advantage of a
				promotional rate balance or deferred interest rate balance offer with respect
				to such an account any such time period for repaying credit without incurring
				finance
				charges.
						.
			(g)Timely provision
			 of periodic statementsSection 127B of the Truth in Lending Act is
			 amended by inserting after subsection (i) (as added by subsection (f)) the
			 following new subsection:

					(j)Timely provision
				of periodic statementsEach
				periodic statement with respect to a credit card account under an open end
				credit plan shall be sent by the creditor to the consumer not less than 25
				calendar days before the due date identified in such statement for the next
				payment on the outstanding balance on such account, and section 163(a) shall be
				applied with respect to any such account by substituting 25 for
				fourteen.
					.
			4.Consumer choice
			 with respect to over-the-limit transactionsSection 127B of the Truth in Lending Act is
			 amended by inserting after subsection (j) (as added by section 3(g)) the
			 following new subsections:

				(k)Opt-out of
				creditor authorization of over-the-limit transactions if fees are
				imposed
					(1)In
				generalIn the case of any
				credit card account under an open end credit plan under which an over-the-limit
				fee may be imposed by the creditor for any extension of credit in excess of the
				amount of credit authorized to be extended under such account, the consumer may
				elect to prohibit the creditor, with respect to such account, from completing
				any transaction involving the extension of credit, with respect to such
				account, in excess of the amount of credit authorized by notifying the creditor
				of such election in accordance with paragraph (2).
					(2)Notification by
				consumerA consumer shall
				notify a creditor under paragraph (1)—
						(A)through the
				notification system maintained by the creditor under paragraph (4); or
						(B)by submitting to
				the creditor a signed notice of election, by mail or electronic communication,
				on a form issued by the creditor for purposes of this subparagraph.
						(3)Effectiveness of
				electionAn election by a
				consumer under paragraph (1) shall be effective beginning 3 business days after
				the creditor receives notice from the consumer in accordance with paragraph (2)
				and shall remain effective until the consumer revokes the election.
					(4)Notification
				systemEach creditor that
				maintains credit card accounts under an open end credit plan shall establish
				and maintain a notification system, including a toll-free telephone number,
				Internet address, and worldwide website, which permits any consumer whose
				credit card account is maintained by the creditor to notify the creditor of an
				election under this subsection in accordance with paragraph (2).
					(5)Annual notice to
				consumers of availability of electionIn the case of any credit card account
				under an open end credit plan, the creditor shall include a notice, in clear
				and conspicuous language, of the availability of an election by the consumer
				under this paragraph as a means of avoiding over-the-limit fees and a higher
				amount of indebtedness, and the method for providing such notice—
						(A)in the periodic
				statement required under subsection (b) with respect to such account at least
				once each calendar year; and
						(B)in any such
				periodic statement which includes a notice of the imposition of an
				over-the-limit fee during the period covered by the statement.
						(6)No fees if
				consumer has made an electionIf a consumer has made an election under
				paragraph (1), no over-the-limit fee may be imposed on the account for any
				reason that has caused the outstanding balance in the account to exceed the
				credit limit.
					(7)Regulations
						(A)in
				generalThe Board shall issue
				regulations allowing for the completion of over-the-limit transactions that for
				operational reasons exceed the credit limit by a de minimis amount, even where
				the cardholder has made an election under paragraph (1).
						(B)Subject to no fee
				limitationThe regulations prescribed under subparagraph (A)
				shall not allow for the imposition of any fee or any rate increase based on the
				permitted over-the-limit transactions.
						(l)Over-the-limit
				fee restrictionsWith respect
				to a credit card account under an open end credit plan, an over-the-limit fee
				may be imposed only once during a billing cycle if, on the last day of such
				billing cycle, the credit limit on the account is exceeded, and an
				over-the-limit fee, with respect to such excess credit, may be imposed only
				once in each of the 2 subsequent billing cycles, unless the consumer has
				obtained an additional extension of credit in excess of such credit limit
				during any such subsequent cycle or the consumer reduces the outstanding
				balance below the credit limit as of the end of such billing cycle.
				(m)Over-the-limit
				fees prohibited in conjunction with certain credit
				holdsNotwithstanding subsection (l), an over-the-limit fee may
				not be imposed if the credit limit was exceeded due to a hold unless the actual
				amount of the transaction for which the hold was placed would have resulted in
				the consumer exceeding the credit
				limit.
				.
		5.Strengthen credit
			 card information collectionSection 136(b) of the Truth in Lending Act
			 (15 U.S.C. 1646(b)) is amended—
			(1)in paragraph
			 (1)—
				(A)by striking
			 Collection
			 required.—The Board shall and
			 inserting

						Collection required.—(A)In
				generalThe Board
				shall
						.
				(B)by adding at the
			 end the following new subparagraph:

						(B)Information to
				be includedThe information under subparagraph (A) shall include,
				for the relevant semiannual period, the following information with respect each
				creditor in connection with any consumer credit card account:
							(i)A
				list of each type of transaction or event during the semiannual period for
				which one or more creditors has imposed a separate interest rate upon a
				consumer credit card account holder, including purchases, cash advances, and
				balance transfers.
							(ii)For each type of
				transaction or event identified under clause (i)—
								(I)each distinct
				interest rate charged by the card issuer to a consumer credit card account
				holder during the semiannual period; and
								(II)the number of
				cardholders to whom each such interest rate was applied during the last
				calendar month of the semiannual period, and the total amount of interest
				charged to such account holders at each such rate during such month.
								(iii)A list of each type of fee that one or more
				of the creditors has imposed upon a consumer credit card account holder during
				the semiannual period, including any fee imposed for obtaining a cash advance,
				making a late payment, exceeding the credit limit on an account, making a
				balance transfer, or exchanging United States dollars for foreign
				currency.
							(iv)For each type of
				fee identified under clause (iii), the number of account holders upon whom the
				fee was imposed during each calendar month of the semiannual period, and the
				total amount of fees imposed upon cardholders during such month.
							(v)The total number
				of consumer credit card account holders that incurred any finance charge or any
				other fee during the semiannual period.
							(vi)The total number of consumer credit card
				accounts maintained by each creditor as of the end of the semiannual
				period.
							(vii)The total number and value of cash advances
				made during the semiannual period under a consumer credit card account.
							(viii)The total number and value of purchases
				involving or constituting consumer credit card transactions during the
				semiannual period.
							(ix)The total number and amount of repayments
				on outstanding balances on consumer credit card accounts in each month of the
				semiannual period.
							(x)The percentage of all consumer credit card
				account holders (with respect to any creditor) who—
								(I)incurred a finance
				charge in each month of the semiannual period on any portion of an outstanding
				balance on which a finance charge had not previously been incurred; and
								(II)incurred any such finance charge at any
				time during the semiannual period.
								(xi)The total number and amount of balances
				accruing finance charges during the semiannual period.
							(xii)The total number and amount of the
				outstanding balances on consumer credit card accounts as of the end of such
				semiannual period.
							(xiii)Total credit limits in effect on consumer
				credit card accounts as of the end of such semiannual period and the amount by
				which such credit limits exceed the credit limits in effect as of the beginning
				of such period.
							(xiv)Any other
				information related to interest rates, fees, or other charges that the Board
				deems of interest.
							;
				and
				(2)by adding at the
			 end the following new paragraph:

					(5)Report to
				CongressThe Board shall, on
				an annual basis, transmit to Congress and make public a report containing
				estimates by the Board of the approximate, relative percentage of income
				derived by the credit card operations of depository institutions from—
						(A)the imposition of
				interest rates on cardholders, including separate estimates for—
							(i)interest with an
				annual percentage rate of less than 25 percent; and
							(ii)interest with an
				annual percentage rate equal to or greater than 25 percent;
							(B)the imposition of
				fees on cardholders;
						(C)the imposition of
				fees on merchants; and
						(D)any other material
				source of income, while specifying the nature of that
				income.
						.
			6.Standards
			 applicable to initial issuance of subprime or fee harvester
			 cardsSection 127B of the
			 Truth in Lending Act is amended by inserting after subsection (m) (as added by
			 section 4) the following new subsection:

				(n)Standards
				applicable to initial issuance of subprime or fee harvester
				cards
					(1)In
				generalIn the case of any credit card account under an open end
				credit plan the terms of which require the payment of fees (other than late
				fees or over-the-limit fees) by the consumer in the first year the account is
				opened in an amount in excess of 25 percent of the total amount of credit
				authorized under the account, no payment of any fees (other than late fees or
				over-the-limit fees) may be made from the credit made available by the
				card.
					(2)Rule of
				constructionNo provision of this subsection may be construed as
				authorizing any imposition or payment of advance fees otherwise prohibited by
				any provision of
				law.
					.
		7.Extensions of
			 credit to underage consumersSection 127(c) of the Truth in Lending Act
			 (15 U.S.C. 1637(c)) is amended by adding at the end the following new
			 paragraph:

				(8)Extensions of
				credit to underage consumers
					(A)In
				generalNo credit card may be knowingly issued to, or open end
				credit plan established on behalf of, a consumer who has not attained the age
				of 18, unless the consumer is emancipated under applicable State law.
					(B)Rule of
				constructionFor the purposes
				of determining the age of an applicant, the submission of a signed application
				by a consumer stating that the consumer is over 18 shall be considered
				sufficient proof of
				age.
					.
		8.Effective
			 date
			(a)In
			 generalThe amendments made
			 by this Act shall apply to all credit card accounts under open end credit plans
			 as of the end of the 3-month period beginning on the date of the enactment of
			 this Act.
			(b)RegulationsThe
			 Board of Governors of the Federal Reserve System, in consultation with the
			 Comptroller of the Currency, the Director of the Office of Thrift Supervision,
			 the Federal Deposit Insurance Corporation, the National Credit Union
			 Administration Board, and the Federal Trade Commission, shall prescribe
			 regulations, in final form, implementing the amendments made by this Act before
			 the end of the 3-month period referred to in subsection (a).


		I
		112th CONGRESS
		1st Session
		H. R. 3430
		IN THE HOUSE OF REPRESENTATIVES

			November 15, 2011
			Mr. Rothman of New
			 Jersey introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To direct the Federal Communications Commission to extend
		  the final deadline for private land mobile radio licensees to migrate to
		  narrowband technology by 2 years.

		1.Narrowband technology
			 migration delayThe Federal
			 Communications Commission shall take all actions necessary to extend the final
			 deadline in the footnote under section 90.209(b)(5) of title 47, Code of
			 Federal Regulations, for private land mobile radio licensees in the 150–174 MHz
			 and 421–512 MHz bands to migrate to narrowband technology (utilizing 12.5 KHz
			 or narrower) from January 1, 2013, to January 1, 2015.


114 HR 3719 IH: STOP ABUSE Act of 2015
U.S. House of Representatives
2015-10-08
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
		114th CONGRESS
		1st Session
		H. R. 3719
		IN THE HOUSE OF REPRESENTATIVES

			October 8, 2015
			Mr. Guinta (for himself and Ms. Kuster) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To provide for the comprehensive approach to eradication of the heroin epidemic, to develop the
			 best practices in law enforcement and prescription medication prescribing
			 practices, and for other purposes.

 1.Short titleThis Act may be cited as the Stop the Overdose Problem Already Becoming a Universal Substance Epidemic Act of 2015 or the STOP ABUSE Act of 2015. 2.FindingsCongress finds the following:
 (1)Prevention and intervention are the best investment. (2)According to the 2012 National Survey on Drug Usage and Health, the percent of New Hampshire residents 12 and older reporting ever having used heroin has doubled since 2004, 1.2 percent in 2005 and 3.3 percent in 2011.
 (3)The number of patients in New Hampshire admitted to State-funded treatment programs for heroin reached 1,540 in 2013, a major increase from the 805 reported in 2004.
 (4)Prescription opioid users admitted rose from 213 in 2004 to 1,297 in 2013. (5)Drug poisoning (more commonly called overdose) is the number one cause of injury-related death in the United States and deaths involving heroin have been on a steady increase in recent years.
 (6)In 2012, 28 States reported that the death rate for heroin overdose had doubled from 2010 through 2012.
 (7)The increase doubled from 1.2 percent to 2.1 percent per 100,000 population, reflecting the number of deaths having increased from 1,779 to 3,635.
 (8)The number of drug-poisoning deaths involving heroin was nearly four times higher for men (6,525 deaths) than women (1,732 deaths) in 2013.
 (9)The rate of heroin-related overdoses was highest among adults aged 25 to 44 from 2000 through 2013; this is a 2.8-percent increase from 1.9 to 5.4.
 (10)In 2013, the Midwest and Northeast regions had higher rates (4.3 and 3.9 per 100,000, respectively). From 2000 through 2013, the age-adjusted rate for heroin-related drug-poisoning deaths increased in the Midwest region exponentially (from 0.4 to 4.3 per 100,000), increased more than 4-fold in the Northeast region (from 0.9 to 3.9), increased more than 3-fold in the South region (from 0.5 to 1.7), and doubled in the West region (from 0.9 to 1.8).
 (11)The greatest increase for drug-poisoning rates was seen in the Midwest region. 3.Development of best practices (a)Interagency Task ForceNot later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, the Administrator of the Drug Enforcement Administration, the Secretary of Homeland Security, and the Attorney General of the United States, shall convene an Interagency Task Force to Address Opioid Abuse (referred to in this section as the Task Force).
 (b)MembershipThe Task Force shall— (1)be comprised of two representatives of each the Department of Health and Human Services, including the Centers for Disease Control and Prevention, the Department of Veterans Affairs, the Department of Defense, the Drug Enforcement Administration, the Office of National Drug Control Policy, the National Academy of Medicine, the National Institutes of Health, the Indian Health Service, the Department of Homeland Security, and the Substance Abuse and Mental Health Services Administration; and
 (2)include physicians, dentists, non-physician prescribers, pharmacists, experts in the fields of pain research and addiction research, and representatives of the mental health treatment community, the addiction treatment community, and pain advocacy groups.
				(c)Duties
 (1)Best practicesNot later than 180 days after the date on which the Task Force is convened, the Task Force shall— (A)develop best practices for pain management and prescription medication prescribing practices, taking into consideration recommendations from—
 (i)relevant conferences; (ii)ongoing efforts at the State and local levels; and
 (iii)medical professional organizations to develop improved pain management strategies; (B)solicit and take into consideration public comments on the best practices developed under subparagraph (A);
 (C)develop a strategy for disseminating information about the best practices under subparagraph (A) to all medical and emergency personnel who enforce, prescribe, and treat opioid and heroin addiction; and
 (D)conduct a study on the feasibility of implementing the best practices developed under subparagraph (A).
 (2)Report to CongressNot later than 270 days after the date on which the Task Force is convened, the Task Force shall submit to the Congress a report that includes—
 (A)the strategy under paragraph (1)(C) for disseminating the best practices under paragraph (1)(A); (B)the results of the feasibility study conducted under paragraph (1)(D); and
 (C)recommendations on how to apply such best practices to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration.
 (d)No rulemaking authorityThe Task Force shall not have rulemaking authority. 4.Community-based coalition enhancement grants to address local drug crisesTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end of the following:

				LLGrants to combat drug crises and incarceration related to drug use
					3021.Community-based coalition to address local drug crises
 (a)DefinitionsIn this section: (1)Drug-Free Communities Act of 1997The term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.);
 (2)Eligible entityThe term eligible entity means an eligible coalition (as such term is defined under section 1023 of the Drug-Free Communities Act of 1997 (21 U.S.C. 1523)) that—
 (A)on or before the date of submitting an application for a grant under this section, received a grant under the Drug-Free Communities Act of 1997; and
 (B)has demonstrated that there is a local drug crisis in the area serviced by the entity, as determined by the Attorney General based on the Monitoring Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health by the Substance Abuse and Mental Health Service Administration.
 (3)Local drug crisisThe term local drug crisis means, with respect to the area serviced by an eligible entity— (A)a sudden increase in the abuse of opioids, as documented by local data; or
 (B)the abuse of prescription medications, specifically opioids, that is significantly higher than the national average, over a sustained period of time, as documented by local data.
 (b)Program authorizedThe Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Administrator of the Substance Abuse and Mental Health Services Administration, may make grants to eligible entities to implement comprehensive, community-wide strategies that address local drug crises within the area served by the eligible entity.
						(c)Application
 (1)In generalAn eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require.
 (2)CriteriaAs part of an application for a grant under this section, the Attorney General shall require an eligible entity to submit a detailed comprehensive, multi-sector plan for addressing the local drug crisis within the area served by the eligible entity.
 (d)Use of FundsAn eligible entity shall use a grant received under this section— (1)for programs designed to implement comprehensive, community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and
 (2)to obtain specialized training and technical assistance from the National Community Antidrug Coalition Institute.
							(e)Grant Amounts and Duration
 (1)AmountsThe Attorney General may not award a grant under this section for a fiscal year in an amount that exceeds—
 (A)the amount of non-Federal funds raised by the eligible entity, including in-kind contributions, for that fiscal year; or
 (B)$75,000. (2)DurationThe Attorney General may not award a grant under this section for a period exceeding 4 years.
 (f)Supplement Not SupplantAn eligible entity shall use Federal funds received under this section only to supplement funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.
 (g)EvaluationA grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997.
 (h)Limitation on Administrative ExpensesNot more than 8 percent of the amounts made available to carry out this section for a fiscal year may be used by the Attorney General to pay for administrative expenses.
 (i)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020..
		5.Limitations on civil liability for certain individuals working at opioid overdose programs
			(a)Limitation on civil liability for individuals working for or volunteering at a State or local
			 agency opioid overdose program
 (1)In generalNotwithstanding any other provision of law, except as provided in paragraph (2), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug—
 (A)works for or volunteers at an opioid overdose program; and (B)provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug.
 (2)ExceptionParagraph (1) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug.
				(b)Limitation on civil liability for individuals who administer opioid overdose drugs
 (1)In generalNotwithstanding any other provision of law, except as provided in paragraph (2), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or another opioid, if—
 (A)the individual who administers the opioid overdose drug— (i)obtained the drug from a health care professional or as part of an opioid overdose program; or
 (ii)administers the drug pursuant to a prescription for an opioid overdose drug that is approved or licensed under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262); and
 (B)the individual who administers the opioid overdose drug was educated on— (i)when to administer the drug;
 (ii)how to administer the drug; and (iii)steps to be taken after the drug is administered.
 (2)ExceptionParagraph (1) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.
				(c)Preemption and election of State nonapplicability
 (1)PreemptionExcept as provided in paragraph (2), this section preempts the law of a State to the extent that such law is inconsistent with this section, except that this section shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs.
 (2)Election of State regarding nonapplicabilitySubsections (a) and (b) shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if—
 (A)all parties to the civil action are citizens of the State in which such action is brought; and (B)the State enacts legislation in accordance with State requirements for enacting legislation—
 (i)citing the authority of this paragraph; (ii)declaring the election of the State that such subsections (a) and (b) shall not apply, as of a date certain, to any civil actions covered by this section; and
 (iii)containing no other provisions. (d)DefinitionsIn this section —
 (1)the term health care professional means a person licensed by a State to prescribe prescription drugs; (2)the term opioid overdose drug means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and
 (3)the term opioid overdose program means a program operated by a local health department, community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by in part providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to an individual in a position to assist another individual at risk of experiencing an opioid overdose.
 6.Operation of opioid treatment programsSection 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following:

				(i)
 (1)An opioid treatment program that is registered under this section, and that closes for business on any weekday or weekend day, including a Federal or State holiday, shall comply with the requirements of this subsection.
 (2)For each patient who is restricted by a Federal regulation or guideline or by the determination of the program medical director from having a take-home dose of a controlled substance related to the treatment involved, the program shall make acceptable arrangements for the patient to receive a dose of that substance under appropriate supervision during the closure.
 (3)The Administrator of the Substance Abuse and Mental Health Services Administration shall issue a notice that references regulations on acceptable arrangements under this subsection, or shall promulgate regulations on such acceptable arrangements..
 7.Treatment alternative to incarceration programsPart LL of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 3, is amended by adding at the end the following:

				3022.Treatment alternative to incarceration programs
 (a)DefinitionIn this section: (1)The term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization.
 (2)The term eligible participant means an individual who— (A)comes in contact with the juvenile justice system or criminal justice system or is arrested or charged with an offense;
 (B)has a history of or a current— (i)substance use disorder;
 (ii)mental illness; or (iii)co-occurring mental illness and substance use disorder; and
 (C)has been approved for participation in a program funded under this section by the relevant law enforcement agency, prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency, as applicable.
 (b)Program authorizedThe Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration programs for eligible participants, including—
 (1)programs for use before the filing of criminal charges against an individual, which shall include— (A)training for law enforcement officers on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders;
 (B)the use of receiving centers as alternatives to incarceration of eligible participants; (C)the use of specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and
 (D)other arrest and pre-booking treatment alternative to incarceration models; and (2)programs for use after the filing of criminal charges against an individual, which shall include—
 (A)specialized clinical case management; (B)pre-trial services related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders;
 (C)prosecutor and defense-based programs; (D)specialized probation;
 (E)programs utilizing the American Society of Addition Medicine patient placement criteria; (F)treatment and rehabilitation programs and recovery support services; and
 (G)drug courts, DWI courts, and veterans treatment courts. (c)Application (1)In GeneralAn eligible entity seeking a grant under this section shall submit an application to the Attorney General that meets the criteria in paragraph (2) at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require.
 (2)CriteriaAn eligible entity, in submitting an application under paragraph (1), shall provide evidence that the entity, with regard to the alternative to incarceration program for which it seeks funds under this section—
 (A)has collaborated or will collaborate with the State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies;
 (B)has consulted or will consult with the State authority for substance abuse; (C)will use evidence-based screening and assessment treatment practices;
 (D)will use evidence-based screening and assessment tools to place participants in the treatment alternative to the incarceration program; and
 (E)will use evidence-based methodology and outcome measurements to evaluate the program, and provide a description of—
 (i)such methodology and measurements, including how such measurements will provide valid measures of the impact of the program; and
 (ii)how the program could be broadly replicated if demonstrated to be effective. (d)RequirementsAn eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall—
 (1)determine the terms and conditions under which eligible participants may participate in the program, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction;
 (2)ensure that each substance abuse and mental health treatment component of the program is licensed and qualified by the relevant jurisdiction;
 (3)organize an enforcement unit of the program comprised of appropriately trained law enforcement professionals who are supervised by the State, tribal, or local criminal justice agency involved in the administration of the program, the duties of which shall include—
 (A)the verification of addresses and other contacts of each eligible participant who participates or seeks to participate in the program; and
 (B)if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements;
 (4)notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; and
 (5)submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency, consistent with Federal and State confidentiality requirements.
 (e)Use of fundsAn eligible entity shall use a grant received under this section for the costs of the treatment alternative to incarceration program, including—
 (1)salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit;
 (2)payments for treatment providers that are approved by the relevant State or tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including medication-assisted treatment, aftercare supervision, vocational training, education, and job placement; and
 (3)payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible offenders participating in the program.
 (f)Supplement Not SupplantAn eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for activities described in this section, and not to supplant those funds.
 (g)Geographic distributionThe Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants awarded under this section is equitable and includes a grant to an eligible entity in—
 (1)each State; (2)rural, suburban, and urban areas; and
 (3)tribal jurisdictions. (h)Reports and Evaluations (1)In GeneralEach fiscal year, a recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report containing the information described in paragraph (2), as well as such additional information as the Attorney General may reasonably require. The recipient shall submit such report in such form and on such dates as the Attorney General specifies.
 (2)ContentsA report submitted under paragraph (1) shall— (A)describe best practices for treatment alternatives; and
 (B)identify training requirements for law enforcement officers who participate in treatment alternatives to incarceration programs.
 (i)Authorization of AppropriationsThere is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2016 through 2020..
		8.Reauthorization of the high intensity drug trafficking area under the office of national drug
 control policySection 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706) is amended by striking subsection (p) and inserting the following:

 (p)Authorization of appropriationsThere is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section $280,000,000 for each of fiscal years 2016 through 2020..
		9.Reauthorization of the controlled substance monitoring program
 (a)Amendment to purposeParagraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109–60) is amended to read as follows:

 (1)foster the establishment of State-administered controlled substance monitoring systems in order to ensure that—
 (A)health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and
 (B)appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and.
 (b)Amendments to controlled substance monitoring programSection 399O of the Public Health Service Act (42 U.S.C. 280g–3) is amended— (1)in subsection (a)—
 (A)in paragraph (1)— (i)in subparagraph (A), by striking or;
 (ii)in subparagraph (B), by striking the period at the end and inserting ; or; and (iii)by adding at the end the following:

 (C)to maintain and operate an existing State-controlled substance monitoring program.; and (B)in paragraph (3), by inserting by the Secretary after Grants awarded;
 (2)by amending subsection (b) to read as follows:  (b)Minimum requirementsThe Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).;
 (3)in subsection (c)— (A)in paragraph (1)(B)—
 (i)in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C); (ii)in clause (i), by striking program to be improved and inserting program to be improved or maintained;
 (iii)by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv)by inserting after clause (ii) the following:

 (iii)a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients’ controlled prescription drug history;;
 (v)in clause (iv), as redesignated, by inserting before the semicolon at the end and at least one health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system; and
 (vi)in clause (v), as redesignated, by striking public health and inserting public health or public safety; (B)in paragraph (3)—
 (i)by striking If a State that submits and inserting the following:  (A)In generalIf a State that submits;
 (ii)by striking the period at the end and inserting and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for implementation of such interoperability.; and
 (iii)by adding at the end the following:  (B)Monitoring of effortsThe Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).;
 (C)in paragraph (5)— (i)by striking implement or improve and inserting establish, improve, or maintain; and
 (ii)by adding at the end the following: The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).;
 (4)in subsection (d)— (A)in the matter preceding paragraph (1)—
 (i)by striking In implementing or improving and all that follows through (a)(1)(B) and inserting In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1); and
 (ii)by striking public health and inserting public health or public safety; and (B)by adding at the end the following:

 (5)The State shall report to the Secretary on— (A)as appropriate, interoperability with the controlled substance monitoring programs of Federal departments and agencies;
 (B)as appropriate, interoperability with health information technology systems such as electronic health records systems, health information exchanges, and e-prescribing systems; and
 (C)whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient.;
 (5)in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining; (6)in subsection (f)—
 (A)in paragraph (1)— (i)in subparagraph (B), by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act; and
 (ii)in subparagraph (D), by inserting a State substance abuse agency, after a State health department,; and (B)by adding at the end the following:

 (3)Evaluation and reportingSubject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary—
 (A)to evaluate the success of the State’s program in achieving its purposes; or (B)to prepare and submit the report to Congress required by subsection (l)(2).
 (4)Research by other entitiesA department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.;
 (7)by redesignating subsections (h) through (n) as subsections (j) through (p), respectively; (8)in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) each place it appears and inserting subsection (j);
 (9)by inserting after subsection (g) the following:  (h)Education and access to the monitoring systemA State receiving a grant under subsection (a) shall take steps to—
 (1)facilitate prescriber and dispenser use of the State’s controlled substance monitoring system; (2)educate prescribers and dispensers on the benefits of the system both to them and society; and
 (3)facilitate linkage to the State substance abuse agency and substance abuse disorder services. (i)Consultation with Attorney GeneralIn carrying out this section, the Secretary shall consult with the Attorney General of the United States and other relevant Federal officials to—
 (1)ensure maximum coordination of controlled substance monitoring programs and related activities; and (2)minimize duplicative efforts and funding.;
 (10)in subsection (l)(2)(A), as redesignated by paragraph (7)— (A)in clause (ii), by inserting ; established or strengthened initiatives to ensure linkages to substance use disorder services; before or affected patient access; and
 (B)in clause (iii), by inserting and between controlled substance monitoring programs and health information technology systems, before , including an assessment; (11)by striking subsection (m) (relating to preference), as redesignated by paragraph (7);
 (12)by redesignating subsections (m) through (o), as redesignated by paragraph (7), as subsections (l) through (o), respectively;
 (13)in subsection (m)(1), as redesignated by paragraph (12), by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance; (14)in subsection (n)—
 (A)in paragraph (5)— (i)by striking means the ability and inserting the following:

 means—(A)the ability; (ii)by striking the period at the end and inserting ; or; and
 (iii)by adding at the end the following:  (B)sharing of State controlled substance monitoring program information with a health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system.;
 (B)in paragraph (7), by striking pharmacy and inserting pharmacist; and (C)in paragraph (8), by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States; and
 (15)by amending subsection (o), as redesignated by paragraph (12), to read as follows:  (o)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years from 2016 through 2020..
 10.OffsetIt is the sense of Congress that the amounts expended to carry out this Act and the amendments made by this Act should be offset by a corresponding reduction in Federal discretionary spending.


		II

		109th CONGRESS

		2d Session

		S. 2199

		IN THE SENATE OF THE UNITED STATES

			January 26, 2006

			Mr. Domenici (for

			 himself, Mr. Bingaman,

			 Mr. Alexander, Ms. Mikulski, Mr.

			 Lugar, Mr. Dodd,

			 Mr. Warner, Mr.

			 Obama, Mr. Bond,

			 Mr. Lieberman, Mr. Burns, Mrs.

			 Murray, Mr. Craig,

			 Mr. Bayh, Mrs.

			 Hutchison, Ms. Cantwell,

			 Mr. DeWine, Mr.

			 Menendez, Mr. Thomas,

			 Mr. Kohl, Mr.

			 Smith, Mr. Kerry,

			 Mr. Voinovich, Mr. Nelson of Florida, Mr.

			 Allen, Mr. Leahy,

			 Mr. Talent, Mr.

			 Akaka, Mr. Chambliss,

			 Mrs. Clinton, Mr. Cornyn, Ms.

			 Stabenow, Mr. Coleman,

			 Mr. Dayton, Mr.

			 Martinez, Mr. Salazar,

			 Mr. Inouye, Mr.

			 Stevens, Mr. Biden,

			 Mr. Cochran, Mr. Hagel, Ms.

			 Murkowski, Mr. Pryor,

			 Ms. Collins, Mr. Vitter, and Ms.

			 Landrieu) introduced the following bill; which was read twice and

			 referred to the Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986 to provide tax

		  incentives to promote research and development, innovation, and continuing

		  education.

		1.Short titleThis Act may be cited as the

			 Protecting America's Competitive Edge

			 Through Tax Incentives Act of 2006 or the

			 PACE–Finance

			 Act.

		2.Expansion of credit

			 for research and development

			(a)Credit made

			 permanent

				(1)In

			 generalSection 41 of the Internal Revenue Code of 1986 (relating

			 to credit for increasing research activities) is amended by striking subsection

			 (h).

				(2)Conforming

			 amendmentParagraph (1) of section 45C(b) of such Code is amended

			 by striking subparagraph (D).

				(3)Effective

			 dateThe amendments made by this subsection shall apply to

			 amounts paid or incurred after the date of the enactment of this Act, in

			 taxable years ending after such date.

				(b)Credit rate

			 doubledParagraphs (1) and (2) of section 41(a) of the Internal

			 Revenue Code of 1986 are each amended by striking 20 percent and

			 inserting 40 percent.

			(c)New regulations

			 and guidelines authorizedThe Secretary of the Treasury shall

			 issue such regulations or guidelines as are necessary—

				(1)to provide

			 uniform conduct of tax audits relating to the credit under section 41 of the

			 Internal Revenue Code of 1986, and

				(2)to reflect the

			 changing impact of technology on the character of research and development,

			 such as use of databases provided by external parties and the conduct of

			 research and development through joint ventures.

				(d)Expansion of

			 credit to expenses of general collaborative research

			 consortiaSection 41 of the Internal Revenue Code of 1986 is

			 amended—

				(1)by striking

			 an energy research consortium in subsections (a)(3) and

			 (b)(3)(C)(i) and inserting a research consortium,

				(2)by striking

			 energy each place it appears in subsection (f)(6)(A),

				(3)by inserting

			 or 501(c)(6) after section 501(c)(3) in

			 subsection (f)(6)(A)(i)(I), and

				(4)by striking

			 Energy

			 research in the heading for subsection (f)(6)(A) and

			 inserting Research.

				(e)Study of

			 further expansion of creditNot later than 180 days after the

			 date of the enactment of this Act, the Secretary of the Treasury shall study

			 and make recommendations in a report to the President, the Committee on Finance

			 of the Senate, and the Committee on Ways and Means of the House of

			 Representatives on the following possible methods of expanding the scope of the

			 credit under section 41 of the Internal Revenue Code of 1986:

				(1)Modification of

			 the credit to remove the incremental approach of measuring creditable research

			 and development expenditures for taxpayers with significant and consistent

			 annual research and development expenditures.

				(2)Expansion of

			 qualifying research and development expenditures to include—

					(A)certain employee

			 benefit costs related to qualifying wages,

					(B)100 percent of

			 contract research costs,

					(C)all expenditures

			 which would qualify for treatment under section 174 of such Code,

					(D)any other costs

			 determined appropriate by the Secretary.

					(3)Reduction or

			 elimination of limitation of credit under section 280C(c) of such Code.

				(f)Effective

			 dateExcept as otherwise provided, the amendments made by this

			 section shall apply to taxable years beginning after December 31, 2005.

			3.United

			 States-based innovation incentives study

			(a)StudyThe

			 Secretary of the Treasury, in consultation with the Director of the Office of

			 Management and Budget, shall conduct an analysis of the United States tax

			 system and its effect on this country as a location for innovation investment

			 and related activities. The analysis shall include a comparison of the tax

			 policies of other nations relating to long-term innovation investment and an

			 examination of various features of the United States tax system,

			 including—

				(1)the treatment of

			 capital gains, including the appropriate rate for very long-term investments or

			 the appropriate allowance for loss write-offs,

				(2)the overall

			 corporate tax rate, and

				(3)incentives for

			 high-tech manufacturing and research equipment through tax credits and

			 accelerated depreciation.

				(b)ReportNot

			 later than 180 days after the date of the enactment of this Act, the Secretary

			 of the Treasury shall report on the study and analysis described in subsection

			 (a) to the President, the Committee on Finance of the Senate, and the Committee

			 on Ways and Means of the House of Representatives.

			4.Employee

			 continuing education tax credit

			(a)In

			 generalSubpart D of part IV of subchapter A of chapter 1 of the

			 Internal Revenue Code of 1986 (relating to business related credits) is amended

			 by adding at the end the following new section:

					45N.Employee

				continuing education credit

						(a)Amount of

				credit

							(1)In

				generalFor purposes of section 38, the employee continuing

				education credit determined under this section with respect to any employer for

				any taxable year is the applicable percentage of qualified continuing education

				costs paid or incurred by the employer during the calendar year ending with or

				within such taxable year.

							(2)Applicable

				percentageFor purposes of this section, the applicable

				percentage is the percentage determined by the Secretary such that the amount

				of the credit allowable under this section for any calendar year does not

				exceed $500,000,000.

							(b)Qualified

				continuing education costsFor purposes of this section, the term

				qualified continuing education costs means costs paid or incurred

				by an employer for education to maintain or improve knowledge or skills in

				science or engineering of an employee whose employment requires knowledge or

				skills in science or engineering.

						(c)RegulationsThe

				Secretary may prescribe such regulations as may be necessary or appropriate to

				carry out the purposes of this section, including regulations establishing

				standards for educational courses and programs to which this section

				applies.

						.

			(b)Credit made

			 part of general business creditSection 38(b) of the Internal

			 Revenue Code of 1986 is amended by striking and at the end of

			 paragraph (25), by striking the period at the end of paragraph (26) and

			 inserting , and, and by adding at the end the following new

			 paragraph:

					(27)the employee

				continuing education credit determined under section

				45N(a).

					.

			(c)Denial of

			 double benefitSection 280C of the Internal Revenue Code of 1986

			 is amended by adding at the end the following new subsection:

					(e)Employee

				continuing education creditNo deduction shall be allowed for

				that portion of the expenses otherwise allowable as a deduction for the taxable

				year which is equal to the amount of the credit determined under section

				45N(a).

					.

			(d)Clerical

			 AmendmentThe table of sections for subpart D of part IV of

			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by

			 adding at the end the following new item:

						Sec. 45N. Employee continuing education

				credit.

					.

			(e)Effective

			 DateThe amendments made by this section shall apply to costs

			 paid or incurred in taxable years beginning after December 31, 2005.


I
112th CONGRESS
1st Session
H. R. 3679
IN THE HOUSE OF REPRESENTATIVES

December 15, 2011
Ms. Eddie Bernice Johnson of Texas (for herself, Mr. King of New York, Ms. Speier, Ms. Norton, Ms. Bordallo, Mr. Blumenauer, Mr. Welch, Ms. Schakowsky, Mr. DeFazio, Mr. Luján, Mr. Hinchey, Mr. Olver, Mr. Boswell, Ms. Loretta Sanchez of California, Mr. McDermott, Mr. Smith of Washington, Ms. Wilson of Florida, Mr. Honda, and Mr. Holt) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Public Health Service Act to establish the position of National Nurse for Public Health.

1.Short titleThis Act may be cited as the National Nurse Act of 2011.
2.National Nurse for Public HealthTitle XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following:

1711.National Nurse for Public Health
(a)Establishment
(1)In generalThere is established within the Office of the Surgeon General a full-time position, to be filled by registered nurse to be known as the National Nurse for Public Health.
(2)ProcedureExcept for the initial appointment of the National Nurse for Public Health under paragraph (3), the Secretary shall appoint the National Nurse for Public Health in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008.
(3)Initial appointmentNot later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as of the date of the enactment of this section as the first National Nurse for Public Health.
(b)Rank and gradeThe National Nurse for Public Health shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service.
(c)DutiesThe National Nurse for Public Health shall carry out the following:
(1)Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council.
(2)Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels.
(3)Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service.
(4)Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7).
(5)Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health.
(6)Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses.
(7)Provide guidance and leadership for activities that will increase public safety and emergency preparedness.
(d)National health priorities—Healthy People 2020
(1)In generalThe National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall participate in the identification of national health priorities.
(2)Addressing national health prioritiesThe National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations.
(3)Community-based projects
(A)ImplementationIn addressing national health priorities, the National Nurse for Public Health shall—
(i)provide guidance and coordination on recommended activities to organizations;
(ii)acknowledge successful programs and encourage their replication;
(iii)promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities;
(iv)encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; and
(v)monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed.
(B)Media campaignsThe National Nurse for Public Health shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the national health priorities.
(C)EvaluationsThe National Nurse for Public Health shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse for Public Health and conducted by community-based, nonprofit organizations to determine the extent to which such activities have succeeded in carrying out national health priorities.
(D)Dissemination of informationThe National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action..


115 HR 2386 IH: Private Foundation Excise Tax Simplification Act of 2017
U.S. House of Representatives
2017-05-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2386IN THE HOUSE OF REPRESENTATIVESMay 4, 2017Mr. Paulsen (for himself, Mr. Danny K. Davis of Illinois, Mr. Tiberi, Mr. Holding, and Mr. Nolan) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, 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 Internal Revenue Code of 1986 to modify the tax rate for excise tax on investment
			 income of private foundations.

 1.Short titleThis Act may be cited as the Private Foundation Excise Tax Simplification Act of 2017. 2.Modification of the tax rate for the excise tax on investment income of private foundations (a)In generalSection 4940(a) of the Internal Revenue Code of 1986 is amended by striking 2 percent and inserting 1 percent.
 (b)Elimination of reduced tax where foundation meets certain distribution requirementsSection 4940 of such Code is amended by striking subsection (e). (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
 3.Budgetary effectsThe budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.


114 HR 6025 IH: American Innovation $1 Coin Act
U.S. House of Representatives
2016-09-14
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.

I114th CONGRESS2d SessionH. R. 6025IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2016Mr. Himes (for himself, Mr. Dold, Ms. Moore, Mr. Buchanan, Mr. Foster, and Mr. Emmer of Minnesota) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo require the Secretary of the Treasury to mint coins in recognition of American innovation and
			 significant innovation and pioneering efforts of individuals or groups
			 from each of the 50 States, the District of Columbia, and the United
			 States territories, to promote the importance of innovation in the United
			 States, the District of Columbia, and the United States territories, and
			 for other purposes.

 1.Short titleThis Act may be cited as the American Innovation $1 Coin Act. 2.American innovation $1 coin programSection 5112 of title 31, United States Code, is amended by inserting after subsection (v) the following new subsection:

				(w)Redesign and issuance of $1 coins honoring innovation, innovators, and pioneers from each State,
			 the District of Columbia, and each territory
					(1)Redesign beginning in 2017
 (A)In generalNotwithstanding subsection (d)(1) and subsection (d)(2) and in accordance with the provisions of this subsection, during the 14-year period beginning on January 1, 2017 (or such later date as provided under subparagraph (B)(ii)), the Secretary of the Treasury shall mint and issue $1 coins to be known as American Innovation $1 coins, that—
 (i)have designs on the obverse selected in accordance with paragraph (2)(A); and (ii)have a design on the reverse selected in accordance with paragraph (2)(B).
							(B)Continuity provisions
 (i)In generalNotwithstanding subparagraph (A), the Secretary shall continue to mint and issue $1 coins honoring Native Americans and their contributions in accordance with subsection (r).
 (ii)First yearNotwithstanding subparagraph (A), if the Secretary finds that it is not feasible and cost-effective to mint and issue American Innovation $1 coins beginning in 2017, the Secretary may mint and issue $1 coins bearing the designs of such Presidential $1 coins issued pursuant to subsection (n) that the Secretary determines to be appropriate. If any such Presidential $1 coin design bore the inscription In God We Trust incused on the edge, the Secretary shall modify the design to place that inscription on the coin’s obverse only, and such modification may be done without review by the Citizens Coinage Advisory Committee nor consultation with the Commission of Fine Arts.
 (C)Definition of territoryFor purposes of this subsection, the term territory means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
 (2)Design requirementsNotwithstanding subsection (d)(1) and subsection (d)(2), the $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements:
 (A)Coin obverseThe design on the obverse of each coin issued under this subsection shall contain— (i)a design symbolic of Liberty; and
 (ii)the inscription In God We Trust. (B)Coin reverseThe design on the reverse of each coin issued under this subsection shall bear the following:
 (i)An image or images emblematic of one of the following from one of the 50 States, the District of Columbia, or the territories of the United States:
 (I)A significant innovation. (II)An innovator or pioneer.
 (III)A group of innovators or pioneers. (ii)The name of the State, the District of Columbia, or territory, as applicable.
 (iii)The inscriptions $1 and United States of America. (C)Edge-incused inscriptions (i)In generalThe inscription of the year of minting or issuance of the coin and the inscription E Pluribus Unum shall be edge-incused into the coin.
 (ii)Preservation of distinctive edgeThe edge-incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired.
							(3)Issuance of coins commemorating innovation, innovators, and pioneers
 (A)Order of issuanceThe coins issued under this subsection commemorating either an innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, or a territory shall be issued in alphabetic order of the State, the District, or territory represented, starting with Alabama.
						(B)Issuance of coins commemorating four innovations, innovators, and pioneers during each of 14 years
 (i)In generalFour $1 coin designs as described in this subsection shall be issued during each year of the period referred to in paragraph (1) until one coin featuring one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each of the States, the District of Columbia, and territories has been issued.
 (ii)Number of coin designs in each yearThe Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins that shall be issued with each of the designs selected for each year of the period referred to in paragraph (1).
 (iii)Application in event of the admission of additional StatesNotwithstanding clause (i), if any additional State or territory is admitted into the Union before the end of the 14-year period referred to in paragraph (1), the Secretary of the Treasury may issue $1 coins, in accordance with this subsection during any one year of such 14-year period, in addition to the four $1 coins issued during such year in accordance with clause (i).
 (iv)Application in the event of independenceNotwithstanding paragraph (3)(B)(i), if any State or territory becomes independent or otherwise ceases to be a State or territory of the United States before $1 coins are minted pursuant to this subsection, the subsection shall cease to apply with respect to such State or territory.
							(4)Selection of concept and design
 (A)ConceptWith respect to each State, the District of Columbia, and territory to be honored with a coin under this subsection, the selection of the significant innovation, innovator or pioneer, or group of innovators or pioneers to be borne on the reverse of such coin shall be made by the Secretary of the Treasury, after consultation with the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection.
 (B)DesignEach of the designs required under this subsection shall be selected by the Secretary after— (i)consultation with—
 (I)the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection; and
 (II)the Commission of Fine Arts; and (ii)review by the Citizens Coinage Advisory Committee.
 (C)Selection and approval processDesigns for $1 coins under this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary.
 (D)StandardsBecause it is important that the Nation’s coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any $1 coin minted under this subsection.
 (E)Prohibition on certain representationsNo head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any coin issued under this subsection.
 (5)Treatment as numismatic itemsFor purposes of sections 5134 and 5136, all $1 coins minted under this subsection shall be considered to be numismatic items.
 (6)Issuance of numismatic coinsThe Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate.
 (7)Termination of programThe issuance of coins under this subsection shall terminate when one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, and territory has been honored and may not be resumed except by an Act of Congress..


		II
		111th CONGRESS
		1st Session
		S. 1120
		IN THE SENATE OF THE UNITED
		  STATES

			May 21, 2009
			Mrs. Lincoln introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to conform the definitions of qualifying expenses for purposes of education tax
		  benefits.

		1.Hope and lifetime learning credit
			(a)In generalSection 25A of the Internal Revenue Code of
			 1986 is amended—
				(1)by striking qualified tuition and
			 related expenses each place it appears in subsections (b), (c), (e),
			 (g), and (i) and inserting higher education expenses, and
				(2)by striking paragraph (1) of subsection (f)
			 and inserting the following:

						(1)Higher education expensesThe term higher education
				expenses means any expense of a type which is taken into account in
				determining the cost of attendance (as defined in section 472 of the Higher
				Education Act of 1965, as in effect on the date of the enactment of the
				Taxpayer Relief Act of 1997) of—
							(A)the taxpayer,
							(B)the taxpayer’s spouse, or
							(C)any dependent of the taxpayer with respect
				to whom the taxpayer is allowed a deduction under section 151,
							at an eligible educational
				institution for courses of instruction of such individual at such
				institution..
				(b)Conforming amendments
				(1)Section 6050S of the Internal Revenue Code
			 of 1986 is amended by striking qualified tuition and related
			 expenses each place it appears in subsections (a)(2), (b)(2)(B)(i), and
			 (e) and inserting higher education expenses.
				(2)Section 6213(g)(2)(J) of such Code is
			 amended by striking tuition and related expenses and inserting
			 expenses.
				(3)Section 6724 of such Code is amended by
			 striking qualified tuition and related expenses each place it
			 appears in subsections (d)(1)(B)(xii) and (d)(2)(BB) and inserting
			 higher education expenses.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to expenses paid after December 31, 2008.
			2.Distributions from individual retirement
			 plans for higher education expenses
			(a)In generalSubparagraph (A) of section 72(t)(7) of the
			 Internal Revenue Code of 1986 is amended by striking means qualified
			 higher education expenses and all that follows and inserting
			 means higher education expenses (as defined in section 25A(f)(1)) for
			 education furnished to—
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to distributions after December 31, 2008.
			3.Qualified scholarships
			(a)In generalSubsection (b) of section 117 of the
			 Internal Revenue Code of 1986 is amended—
				(1)by striking qualified tuition and
			 related expenses in paragraph (1) and inserting higher education
			 expenses, and
				(2)by striking paragraph (2) and inserting the
			 following:

						(2)Higher education expensesFor purposes of paragraph (1), the term
				higher education expenses means any expense of a type which is
				taken into account in determining the cost of attendance (as defined in section
				472 of the Higher Education Act of 1965, as in effect on the date of the
				enactment of the Taxpayer Relief Act of 1997) of a student at an eligible
				educational institution (as defined in section
				25A(f)(2)).
						.
				(b)Effective
			 dateThe amendments made by
			 this section shall apply to amounts received after December 31, 2008.
			4.Income from US savings bonds
			(a)In generalSection 135(c)(2) of the Internal Revenue
			 Code of 1986 is amended—
				(1)by striking subparagraphs (A) and (B) and
			 inserting the following:

						(A)Qualified higher education
				expensesThe term
				qualified higher education expenses means higher education
				expenses within the meaning of section
				25A(f).
						,
				and
				(2)by redesignating subparagraph (C) as
			 subparagraph (B).
				(b)Conforming amendments
				(1)Subsection (c) of section 135 of the
			 Internal Revenue Code of 1986 is amended by striking paragraph (3) and
			 redesignating paragraph (4) as paragraph (3).
				(2)Section 135 of the Internal Revenue Code of
			 1986 is amended by striking tuition and fees in the heading and
			 inserting expenses.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to expenses paid after December 31, 2008.
			5.Deduction for qualified tuition and related
			 expenses
			(a)In generalSubsection (a) of section 222 of the
			 Internal Revenue Code of 1986 is amended by striking qualified tuition
			 and related expenses and inserting higher education
			 expenses.
			(b)DefinitionParagraph (1) of section 222(d) of the
			 Internal Revenue Code of 1986 is amended to read as follows:

					(1)Higher education expensesThe term higher education
				expenses has the meaning given such term by section 25A(f). Such
				expenses shall be reduced in the same manner as under section
				25A(g)(2).
					.
			(c)Conforming amendments
				(1)Subsections (c)(2)(B), (d)(2), (d)(3)(A),
			 and (d)(3)(B) of section 222 of the Internal Revenue Code of 1986 are each
			 amended by striking qualified tuition and related expenses and
			 inserting higher education expenses.
				(2)Section 222 of such Code is amended by
			 striking Qualified tuition
			 and related expenses in the heading and inserting
			 Higher education
			 expenses.
				(d)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2008.
			6.Qualified tuition programs
			(a)In generalParagraph (3) of section 529(e) of the
			 Internal Revenue Code of 1986 is amended to read as follows:

					(3)Qualified higher education
				expensesThe term
				qualified higher education expenses means any expense of a type
				which is taken into account in determining the cost of attendance (as defined
				in section 472 of the Higher Education Act of 1965, as in effect on the date of
				the enactment of the Taxpayer Relief Act of 1997) of a beneficiary at an
				eligible educational
				institution.
					.
			(b)Conforming amendmentSection 1400O of the Internal Revenue Code
			 of 1986 is amended by striking paragraph (1) and redesignating paragraphs (2)
			 and (3) as paragraphs (1) and (2), respectively.
			(c)Effective
			 dateThe amendment made by
			 this section shall apply to taxable years beginning after December 31,
			 2008.