116 S296 IS: Home Health Care Planning Improvement Act of 2019
U.S. Senate
2019-01-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 296IN THE SENATE OF THE UNITED STATESJanuary 31, 2019Ms. Collins (for herself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to ensure more timely access to home health
			 services for Medicare beneficiaries under the Medicare program.

 1.Short titleThis Act may be cited as the Home Health Care Planning Improvement Act of 2019.
		2.Improving care planning for Medicare home
			 health services
 (a)Part A provisionsSection 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended—
 (1)in paragraph (2)—
 (A)in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician after 1866(j); and
 (B)in subparagraph (C)— (i)by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) after physician the first 2 times it appears; and
 (ii)by striking , and, in the case of a certification made by a physician and all that follows through face-to-face encounter and inserting , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2020, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter;
 (2)in the second sentence, by inserting certified nurse-midwife, after clinical nurse specialist,;
 (3)in the third sentence— (A)by striking physician certification and inserting certification;
 (B)by inserting (or on January 1, 2020, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2019) after 1981; and
 (C)by striking a physician who and inserting a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who; and
 (4)in the fourth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant after physician.
				(b)Part B
 provisionsSection 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended—
 (1)in paragraph (2)—
 (A)in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician after 1866(j); and
 (B)in subparagraph (A)—
 (i)in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) after physician; and
 (ii)in clause (iv), by striking after January 1, 2010 and all that follows through face-to-face encounter and inserting made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2020, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter;
 (2)in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after physician;
 (3)in the fourth sentence— (A)by striking physician certification and inserting certification;
 (B)by inserting (or on January 1, 2020, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2019) after 1981; and
 (C)by striking a physician who and inserting a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who; and
 (4)in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant after physician.
				(c)Definition
			 provisions
				(1)Home health
 servicesSection 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended—
 (A)in the matter preceding paragraph (1)—
 (i)by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) after physician the first place it appears; and
 (ii)by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant after physician the second place it appears; and
 (B)in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant after physician.
					(2)Home health
 agencySection 1861(o)(2) of the Social Security Act (42 U.S.C. 1395x(o)(2)) is amended—
 (A)by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) after physicians; and
 (B)by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, after physician.
					(d)Home health
 prospective payment system provisionsSection 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended—
 (1)in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), after physician; and
 (2)in subsection (e)— (A)in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) after physician; and
 (B)in paragraph (2)— (i)in the heading, by striking Physician certification and inserting Rule of construction regarding requirement for certification; and
 (ii)by striking physician.
						(e)Effective
 DateThe amendments made by this section shall apply to items and services furnished on or after January 1, 2020.


109 HR 3131 IH: Healthy Start Reauthorization Act of 2005
U.S. House of Representatives
2005-06-30
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
109th CONGRESS
1st Session
H. R. 3131
IN THE HOUSE OF REPRESENTATIVES

June 30, 2005
Mr. Upton (for himself and Mr. Towns) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Public Health Service Act with respect to the Healthy Start Initiative.

1.Short titleThis Act may be cited as the Healthy Start Reauthorization Act of 2005.
2.Amendments to Healthy Start Initiative
(a)Considerations in Making GrantsSection 330H(b) of the Public Health Service Act (42 U.S.C. 254c–8(b)) is amended—
(1)by striking (b) Requirements and all that follows through In making grants under subsection (a) and inserting the following:

(b)Considerations in making grants
(1)RequirementsIn making grants under subsection (a); and
(2)by adding at the end the following paragraph:

(2)Other considerationsIn making grants under subsection (a), the Secretary shall take into consideration the following:
(A)Factors that contribute to infant mortality, such as low birthweight.
(B)The extent to which applicants for such grants facilitate—
(i)a community-based approach to the delivery of services; and
(ii)a comprehensive approach to women’s health care to improve perinatal outcomes..
(b)Other grantsSection 330H of the Public Health Service Act (42 U.S.C. 254c–8) is amended—
(1)in subsection (a), by striking paragraph (3); and
(2)by striking subsections (e) and (f).
(c)FundingSection 330H of the Public Health Service Act, as amended by subsection (b) of this section, is amended by adding at the end the following subsection:

(e)Funding
(1)Authorization of appropriationsFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2011.
(2)Allocation
(A)Program administrationOf the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 5 percent for coordination, dissemination, technical assistance, and data activities that are determined by the Secretary to be appropriate for carrying out the program under this section.
(B)EvaluationOf the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may reserve up to 1 percent for evaluations of projects carried out under subsection (a). Each such evaluation shall include a determination of whether such projects have been effective in reducing the disparity in health status between the general population and individuals who are members of racial or ethnic minority groups..


		II
		110th CONGRESS
		1st Session
		S. 1934
		IN THE SENATE OF THE UNITED STATES

			August 2, 2007
			Mr. Cardin (for himself,
			 Ms. Mikulski, Mr. Thune, and Mr.
			 Johnson) introduced the following bill; which was read twice and
			 referred to the Committee on Commerce,
			 Science, and Transportation

		A BILL
		To extend the existing provisions regarding the
		  eligibility for essential air service subsidies through fiscal year 2012, and
		  for other purposes.

		1.Continuation of essential air
			 service at certain locations
			(a)In
			 generalSection 409(d) of the
			 Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 49
			 U.S.C. 41731 note) is amended by striking September 30, 2007 and
			 inserting September 30, 2012.
			(b)Requirement for
			 continuation of essential air service by certain air carriers for 90 days after
			 termination of contractAny air carrier that provides essential
			 air service to a place described in section 409(a) of the Vision 100—Century of
			 Aviation Reauthorization Act (Public Law 108–176; 49 U.S.C. 41731 note) and has
			 a contract for the provision of such essential air service that expires on
			 September 30, 2007, shall continue to provide such essential air service to
			 such place until at least the earlier of—
				(1)January 1, 2008;
			 or
				(2)the date on which
			 the Secretary of Transportation identifies a new air carrier to provide such
			 essential air service.
				(c)Air carrier
			 definedIn this section, the term air carrier has
			 the meaning provided such term in section 40102 of title 49, United States
			 Code.


116 HR 3989 IH: Improving Justice Programs through Science Act of 2019
U.S. House of Representatives
2019-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3989IN THE HOUSE OF REPRESENTATIVESJuly 25, 2019Ms. Dean (for herself, Mr. García of Illinois, Ms. Scanlon, and Mr. Evans) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo establish a Science Advisory Board at the Department of Justice, and for other purposes.

 1.Short titleThis Act may be cited as the Improving Justice Programs through Science Act of 2019. 2.Science Advisory Board (a)AmendmentPart A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

					110.Science Advisory Board
 (a)EstablishmentThere is established within the Office a Science Advisory Board (in this section referred to as the Board)— (1)which shall be composed of 26 senior representatives of academic institutions, including primary and secondary educational institutions, institutions of higher education, advanced technology education, and other related entities, and criminal justice and juvenile justice professionals, appointed in accordance with subsection (c); and
 (2)the purpose of which shall be to— (A)foster sustained dialogue between the academic and criminal and juvenile justice communities on research-based policies; and
 (B)advise the Attorney General with respect to— (i)relevant developments in criminal and juvenile justice research;
 (ii)the implications of developments described in clause (i) for Federal, State, and local criminal and juvenile justice agencies; and
 (iii)any other matters as requested by the Attorney General. (b)CharterThere shall be a charter to govern the structure and mission of the Board, which shall—
 (1)direct the Board to focus on the departmental application of science and evidence under the guidance of the Attorney General; and
 (2)be reviewed and updated every 4 years, as appropriate. (c)Members (1)AppointmentThe 26 members of the Board shall—
 (A)be appointed by the Attorney General, in consultation with the Assistant Attorney General of the Office and considering recommendations from—
 (i)the Director of the National Institute of Justice; (ii)the Director of the Bureau of Justice Statistics;
 (iii)the Director of the Office for Victims of Crime; (iv)the Director of the Office of Sex Offender Sentencing, Monitoring, and Tracking; and
 (v)the Director of the Office of Juvenile Justice and Delinquency Prevention; (B)include senior representatives with a balance of backgrounds, experiences, and viewpoints that will include the expertise of scientific, criminal justice, and juvenile justice professionals;
 (C)include not fewer than 8 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciences, which may include those researchers recommended by the National Academy of Sciences;
 (D)be selected to achieve a balance of backgrounds, experiences, and viewpoints that will include the expertise of scientific, criminal justice, and juvenile justice practitioners; and
 (E)include not less than three-fifths of the members who hold terminal degrees in their field, have published research, and are leading research in areas, including—
 (i)criminology; (ii)criminal justice;
 (iii)juvenile justice; (iv)tribal justice;
 (v)statistics; (vi)economics;
 (vii)sociology; (viii)psychology;
 (ix)political science; and (x)other relevant sciences.
 (2)TermsThe term of each member appointed under paragraph (1) shall be 4 years. (3)VacanciesAny vacancy in the membership of the Board shall—
 (A)not affect the powers of the board; (B)be filled in the same manner as the original appointment; and
 (C)be only for the remainder of the term of the original appointment. (4)ChairpersonThe Attorney General, with the advice and recommendation of the Assistant Attorney General, shall appoint 1 member of the Science Advisory Board to serve as the Chairperson of the Board.
 (d)MeetingsThe Board shall— (1)meet on a regular basis to discuss science, research, and ongoing criminal and juvenile justice departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners;
 (2)make recommendations to the Assistant Attorney General; (3)provide advice and recommendations concerning support for research, statistics, and grant programs of the Office;
 (4)serve as a point of contact with the academic and practitioner communities to inform the Office of the impact of the research, statistics, and grant programs of the Office on both the academic community and the criminal and juvenile justice fields;
 (5)offer broad input into long-range plans and partnership opportunities; (6)serve as a forum for consideration of proposed interdisciplinary projects across the sciences; and
 (7)advise on policy development, program implementation and evaluation, and identify research needs and opportunities.
 (e)SupportThe Attorney General shall ensure that the Board complies with the requirements under— (1)the Federal Advisory Committee Act (5 U.S.C. App.);
 (2)section 552b of title 5 (commonly known as the Government in the Sunshine Act); and (3)any—
 (A)governing Federal statute or regulation; or (B)relevant policy or procedure of the Department of Justice..
 (b)ReportNot later than 90 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the status and activities of the Science Advisory Board established under section 110 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a) of this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 1123
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2009
			Ms. Kaptur (for
			 herself and Mr. Conyers) introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To require the filing of certain information regarding a
		  residential mortgage in any proceeding for foreclosure of the
		  mortgage.

		1.Short titleThis Act may be cited as the
			 Produce the Note Act of
			 2009.
		2.Required
			 information and noticeNotwithstanding any other provision of State
			 or Federal law, no foreclosure, whether judicial or nonjudicial, may be
			 commenced with respect to a covered residential mortgage unless the person
			 commencing the foreclosure complies with all of the following
			 requirements:
			(1)Submission of
			 informationThe person
			 commencing the foreclosure shall submit to the court, in the case of a judicial
			 foreclosure, or to the office of the State or other subdivision of the State to
			 which notice of default, foreclosure, or sale of the foreclosed property is
			 required under State law to be submitted, in the case of a nonjudicial
			 foreclosure, a report prepared by an independent party that includes the
			 following information:
				(A)A statement of
			 findings as to whether the covered residential mortgage was made and serviced
			 in compliance with the terms of, and regulations under, the following
			 laws:
					(i)The Truth in Lending Act (15 U.S.C. 1601)
			 and Regulation Z of the Board of Governors of the Federal Reserve System under
			 such Act.
					(ii)The Equal Credit Opportunity Act (15 U.S.C.
			 1691 et seq.) and Regulation B of the Board of Governors of the Federal Reserve
			 System under such Act.
					(iii)The Fair Debt
			 Collection Practices Act (15 U.S.C. 1692 et seq.).
					(iv)The Federal Fair Credit Reporting Act (15
			 U.S.C. 1681 et seq.).
					(v)The
			 Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) and
			 Regulation X of the Secretary of Housing and Urban Development under such
			 Act.
					(vi)The
			 Flood Disaster Protection Act of 1973 (42 U.S.C. 2002 et seq.).
					(vii)The Fair Housing
			 Act (42 U.S.C. 3601 et seq.).
					(viii)The Home
			 Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.).
					(ix)The
			 Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public
			 Law 101–73).
					(x)Any
			 applicable provisions of State and local law relating to real estate lending or
			 consumer protection.
					(B)Certification of any mortgage modification
			 efforts that were employed and any offers made to the mortgagor by the person
			 commencing the foreclosure.
				(C)If any noncompliance is found pursuant to
			 subparagraph (A), a statement as to whether the violations are such that the
			 mortgagor should be afforded an extended right, beyond the period permitted
			 under State law—
					(i)to
			 rescind the mortgage in defense of the foreclosure; or
					(ii)to
			 redeem the mortgage.
					(D)Identification
			 of—
					(i)the
			 actual holder of the mortgage note, the originating lender for the mortgage and
			 all subsequent assignees, and other all parties who have an interest in the
			 real estate that is subject to the mortgage or in the mortgage or the proceeds
			 of the mortgage; and
					(ii)any
			 parties identified pursuant to clause (i) that received any assistance pursuant
			 to title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211
			 et seq.) and the amount of any such assistance received.
					(E)A statement of
			 whether a bona fide default on the covered mortgage has occurred.
				(F)A description of
			 any hardship circumstances regarding the economic circumstances of the
			 mortgagor that would be relevant to a determination by the mortgagee of whether
			 to modify the mortgage.
				(G)A statement of
			 whether the mortgage is insured under title II of the National Housing Act (12
			 U.S.C. 1707 et seq.).
				(H)A statement of
			 whether the mortgage is, or any terms of the mortgage are, unfair or constitute
			 an unfair or deceptive act or practice violating the Federal Trade Commission
			 Act (15 U.S.C. 41 et seq.), and if so, a description of the unfairness or the
			 unfair or deceptive act or practice.
				(I)A statement of
			 whether any material misrepresentations were made that fraudulently induced the
			 mortgagor to enter into the transaction to his or her detriment, and if so, a
			 description of such misrepresentation.
				(J)Identification of
			 any offsets to the creditor claim on the mortgage.
				(K)A statement of the
			 racial characteristics, gender, census tract, and income level of the
			 mortgagor, as such terms are used for purposes of compliance with the Home
			 Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.).
				(2)Required
			 notificationThe person
			 commencing the foreclosure shall provide notice to the mortgagor, in writing,
			 not less than 5 days before any action is taken to commence the proceeding or
			 action for foreclosure, and shall certify to the court, in the case of a
			 judicial foreclosure, or to the office of the State or other subdivision of the
			 State to which notice of default, foreclosure, or sale of the foreclosed
			 property is required under State law to be submitted in the case of a
			 nonjudicial foreclosure, that such notice has been provided, that includes the
			 following information:
				(A)A statement of any
			 rights of the mortgagor under the applicable laws governing the foreclosure and
			 consumer rights.
				(B)A statement of any
			 deadlines for filing answers, defenses, or objections to the foreclosure,
			 including those rights of the mortgagor under the Real Estate Settlement
			 Procedures Act of 1974 and any applicable State laws.
				(C)A statement of any
			 penalties and other consequences for the mortgagor if the mortgagor does not
			 respond or file answers to the foreclosure.
				(D)A statement of the amounts claimed to be in
			 arrears under the mortgage and needed to reinstate the account and all
			 associated costs and fees, set forth in itemized and distinct categories, and
			 current and correct contact information, including telephone numbers,
			 electronic mail addresses, and postal addresses, at which the mortgagor can
			 obtain further information regarding the mortgage account.
				(E)A description of
			 any additional options, such as mortgage workout, modification, mitigation, and
			 redemption, that might be available to the mortgagor to prevent the foreclosure
			 from proceeding and a description of how the mortgagor can obtain additional
			 information regarding such options.
				(F)A statement of the correct names, telephone
			 numbers, electronic mail addresses, postal addresses, and any State licensing
			 numbers of the mortgage holder, the mortgage servicer, and the person or
			 persons authorized to take the actions described pursuant to subparagraph (E).
				3.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Independent
			 partyThe term
			 independent party means, with respect to foreclosure on a covered
			 residential mortgage, an individual who has no interest in, or affiliation
			 with, any party involved in such foreclosure or with the covered residential
			 mortgage involved in such foreclosure, including any party that owns, manages,
			 controls, or directs such an involved party, any party that is owned, managed,
			 controlled, or directed by such an involved party, or any party that is under
			 common ownership, management, control, or direction with such an involved
			 party.
			(2)Covered
			 residential mortgageThe term covered residential
			 mortgage means a mortgage that meets the following requirements:
				(A)The property securing the obligation under
			 the mortgage shall be a one- to four-family dwelling, including a condominium
			 or a share in a cooperative ownership housing association.
				(B)The mortgagor
			 under the mortgage shall occupy the property securing the obligation under the
			 mortgage as his or her principal residence.
				(3)Mortgage
				(A)In
			 generalThe term
			 mortgage means a deed of trust, mortgage, deed to secure debt,
			 security agreement, or any other form of instrument under which any property
			 (real, personal, or mixed), or any interest in property (including leaseholds,
			 life estates, reversionary interests, and any other estates under applicable
			 State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise
			 rendered subject to a lien for the purpose of securing the payment of money or
			 the performance of an obligation.
				(B)Condominiums and
			 cooperativesSuch term includes a first mortgage given to
			 secure—
					(i)the
			 unpaid purchase price of a fee interest in, or a long-term leasehold interest
			 in, a one-family unit in a multifamily project, including a project in which
			 the dwelling units are attached or are manufactured housing units,
			 semi-detached, or detached, and an undivided interest in the common areas and
			 facilities that serve the project; or
					(ii)repayment of a
			 loan made to finance the purchase of stock or membership in a cooperative
			 housing corporation the permanent occupancy of dwelling units of which is
			 restricted to members of such corporation, where the purchase of such stock or
			 membership entitles the purchaser to the permanent occupancy of one of such
			 units.
					4.Relation to State
			 lawThis Act does not annul,
			 alter, or affect, or exempt any person subject to the provisions of this Act
			 from complying with, the laws of any State or subdivision thereof with respect
			 to foreclosure on a residential mortgage, except to the extent that those laws
			 are inconsistent with any provision of this Act, and then only to the extent of
			 the inconsistency. No provision of the laws of any State or subdivision thereof
			 may be determined to be inconsistent with any provision of this Act if such law
			 is determined to require greater disclosure or notice than is required under
			 this Act or to provide greater protection to the mortgagee than is required
			 under this Act.


		II
		111th CONGRESS
		1st Session
		S. 2819
		IN THE SENATE OF THE UNITED STATES

			November 30, 2009
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To amend the Poultry Products Inspection Act, the Federal
		  Meat Inspection Act, and the Federal Food, Drug, and Cosmetic Act to require
		  processors of food products to certify to the applicable Secretary that the
		  processed food products are not adulterated.

		1.Short
			 titleThis Act may be cited as
			 the Processed Food Safety Act of
			 2009.
		2.Poultry
			 safety
			(a)Definition of
			 misbrandedSection 4(h) of the Poultry Products Inspection Act
			 (21 U.S.C. 453(h)) is amended—
				(1)in paragraph
			 (5)—
					(A)by inserting
			 (A) after (5);
					(B)by striking
			 showing (A) the name and inserting the following:
			 “showing—

							(i)the
				name
							;
					(C)by striking
			 distributor; and (B) an accurate and inserting the following:
			 “distributor;

							(ii)subject to subparagraph (B), an
				accurate
							;
				and
					(D)by striking
			 count: Provided, That under clause (B) of this
			 subparagraph (5), reasonable and inserting the following: “count;
			 and

							(iii)an accurate description of each
				cut of poultry or poultry product contained in the package or other container;
				and
							(B)except that under subparagraph
				(A)(ii),
				reasonable
							;
					(2)in paragraph
			 (7)(B), by striking (other than spices, flavoring, and
			 coloring); and
				(3)in paragraph
			 (9)(B), by striking ; except that spices, flavorings, and colorings may,
			 when authorized by the Secretary, be designated as spices, flavorings, and
			 colorings without naming each.
				(b)Prohibited
			 actsSection 9 of the Poultry Products Inspection Act (21 U.S.C.
			 458) is amended—
				(1)in paragraph (5),
			 by striking the period at the end and adding or; and
				(2)by adding at the
			 end the following:

						(6)sell, transport,
				offer for sale or transportation, or receive for transportation, in commerce,
				any poultry or poultry product that is capable of use as human food, unless the
				person (including any slaughterer, poultry products broker, renderer,
				processor, reprocessor, retail food store, or official establishment)
				affirmatively certifies to the Secretary that—
							(A)each ingredient
				in the poultry or poultry product that was added, modified, or otherwise
				handled by the person has undergone a pathogen reduction treatment in
				accordance with requirements of the Secretary that will reduce the presence of
				pathogens of public health concern and other harmful food borne contaminants;
				or
							(B)the person has
				tested and certified that each ingredient in the poultry or poultry product
				that was added, modified, or otherwise handled by the person contains no
				verifiable traces of
				pathogens.
							.
				(c)Phase-In
			 periodParagraph (6) of section 9 of the Poultry Products
			 Inspection Act (as added by subsection (b)(2)) shall not apply until the date
			 that is 18 months after the date of enactment of this Act.
			3.Meat
			 safety
			(a)Definition of
			 misbrandedSection 1(n) of the Federal Meat Inspection Act (21
			 U.S.C. 601(n)) is amended—
				(1)in paragraph
			 (5)—
					(A)by inserting
			 (A) after (5);
					(B)by striking
			 showing (A) the name and inserting the following:
			 “showing—

							(i)the
				name
							;
					(C)by striking
			 distributor; and (B) an accurate and inserting the following:
			 “distributor;

							(ii)subject to subparagraph (B), an
				accurate
							;
				and
					(D)by striking
			 count: Provided, That under clause (B) of this
			 subparagraph (5), reasonable and inserting the following: “count;
			 and

							(iii)an accurate description of each
				cut of meat or meat food product contained in the package or other container;
				and
							(B)except that under subparagraph
				(A)(ii),
				reasonable
							;
					(2)in paragraph
			 (7)(B), by striking (other than spices, flavoring, and
			 coloring); and
				(3)in paragraph
			 (9)(B), by striking ; except that spices, flavorings, and colorings may,
			 when authorized by the Secretary, be designated as spices, flavorings, and
			 colorings without naming each.
				(b)Prohibited
			 actsSection 10 of the
			 Federal Meat Inspection Act (21 U.S.C. 610) is amended—
				(1)by striking
			 Sec. 10. No
			 person and inserting the following:

						10.Prohibited
				actsNo
				person
						;
				(2)in subsection
			 (c)—
					(A)by striking
			 in commerce (1) any and inserting the following: “in
			 commerce—

							(A)any
							;
					(B)by striking
			 which (A) are capable of use as human food and (B) are and
			 inserting the following: “that—

							(i)are capable of
				use as human food; and
							(ii)are
							;
				and
					(C)by striking
			 (2) any and inserting the following:

							(B)any
							;
					(3)by redesignating
			 subsections (a) through (d) as paragraphs (1) through (4), respectively, and
			 indenting appropriately;
				(4)in paragraph (4)
			 (as so redesignated), by striking the period at the end and inserting ;
			 or; and
				(5)by adding at the
			 end the following:

						(5)sell, transport,
				offer for sale or transportation, or receive for transportation, in commerce,
				any meat or meat food product that is capable of use as human food, unless the
				person, firm, or corporation (including any slaughterer, meat broker, renderer,
				processor, reprocessor, retail food store, or official establishment)
				affirmatively certifies to the Secretary that—
							(A)each ingredient
				in the meat or meat food product that was added, modified, or otherwise handled
				by the person, firm, or corporation has undergone a pathogen reduction
				treatment in accordance with requirements of the Secretary that will reduce the
				presence of pathogens of public health concern and other harmful food borne
				contaminants; or
							(B)the person, firm,
				or corporation has tested and certified that each ingredient in the meat or
				meat food product that was added, modified, or otherwise handled by the person,
				firm, or corporation contains no verifiable traces of
				pathogens.
							.
				(c)Phase-In
			 periodParagraph (5) of section 10 of the Federal Meat Inspection
			 Act (as added by subsection (b)(5)) shall not apply until the date that is 18
			 months after the date of enactment of this Act.
			4.Food
			 safety
			(a)Pathogen
			 reduction treatmentChapter IV of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the
			 following:

					418.Pathogen
				reduction treatment
						(a)In
				generalThe Secretary shall
				promulgate regulations requiring each facility registered under section 415 to
				apply pathogen reduction treatments to each food, as the Secretary determines
				appropriate, that such facility manufactures, processes, packages, or holds for
				consumption in the United States.
						(b)CertificationThe Secretary shall promulgate regulations
				requiring each facility described in subsection (a) to certify to the Secretary
				that—
							(1)each food manufactured, processed,
				packaged, or held (including each ingredient of such food that is added,
				modified, or otherwise handled) by such facility contains no verifiable traces
				of pathogens; or
							(2)each food leaving such facility has
				received pathogen reduction treatments, as required by the regulations
				promulgated under such
				subsection.
							.
			(b)Phase-In
			 periodThe requirements under section 418(b) of the Federal Food,
			 Drug, and Cosmetic Act (as added by subsection (a)) shall not apply until the
			 date that is 18 months after the date of enactment of this Act.
			(c)Technical
			 amendmentSection 402 of the Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 342) is amended by adding at the end the following:

					(j)If the facility
				has not provided a certification required under section
				418.
					.
			(d)Labeling with
			 respect to spices, flavoring, and coloringSection 403 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended—
				(1)in paragraph (g),
			 by striking (other than spices, and inserting (including
			 spices,;
				(2)in paragraph (i),
			 by striking ; except that spices, flavorings, and colors not required to
			 be certified under section 721(c) unless sold as spices, flavorings, or such
			 colors, may be designated as spices, flavorings, and colorings without naming
			 each;
				(3)in paragraph (k),
			 by striking The provisions of this paragraph and paragraphs (g) and (i)
			 with respect to artificial coloring shall not apply in the case of butter,
			 cheese, or ice cream.; and
				(4)in paragraph (x),
			 by striking Notwithstanding subsection (g), (i), or (k), or any other
			 law, a and inserting A.


		I
		111th CONGRESS
		1st Session
		H. R. 1938
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2009
			Mrs. Lowey introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means and
			 Education and Labor, 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 amend the Rehabilitation Act of 1973 and the Public
		  Health Service Act to set standards for medical diagnostic equipment and to
		  establish a program for promoting good health, disease prevention, and wellness
		  and for the prevention of secondary conditions for individuals with
		  disabilities, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Promoting Wellness for Individuals
			 with Disabilities Act of 2009.
		2.Establishment of
			 standards for accessible medical diagnostic equipment
			(a)In
			 generalTitle V of the Rehabilitation Act of 1973 (29 U.S.C. 791
			 et seq.) is amended by adding at the end the following:

					510.Establishment
				of standards for accessible medical diagnostic equipment
						(a)StandardsNot later than 9 months after the date of
				the enactment of the Promoting Wellness for Individuals with Disabilities Act
				of 2009, the Architectural and Transportation Barriers Compliance Board shall
				issue (including publishing) standards setting forth the minimum technical
				criteria for medical diagnostic equipment used in (or in conjunction with)
				physicians offices, clinics, emergency rooms, hospitals, and other medical
				settings. The standards shall ensure that such equipment is accessible to, and
				usable by, individuals with disabilities, and shall allow independent entry to,
				use of, and exit from the equipment by such individuals to the maximum extent
				possible.
						(b)Medical
				diagnostic equipment coveredThe standards issued under
				subsection (a) for medical diagnostic equipment shall apply to equipment that
				includes examination tables, examination chairs (including chairs used for eye
				examinations or procedures, and dental examinations or procedures), weight
				scales, mammography equipment, x-ray machines, and other radiological equipment
				commonly used for diagnostic purposes by health professionals.
						(c)Interim
				standardsUntil the date that the standards described under
				subsection (a) are in effect, purchases of examination tables, weight scales,
				and mammography equipment made after January 1, 2010, and used in (or in
				conjunction with) medical settings as described in subsection (a), shall meet
				the following interim accessibility requirements:
							(1)Examination tables
				shall be height-adjustable between a range of at least 18 inches to 37
				inches.
							(2)Weight scales
				shall be capable of weighing individuals who remain seated in a wheelchair or
				other personal mobility aid.
							(3)Mammography
				machines and equipment shall be capable of being used by individuals in a
				standing, seated, or recumbent position, including individuals who remain
				seated in a wheelchair or other personal mobility aid.
							(d)Review and
				amendmentThe Architectural and Transportation Barriers
				Compliance Board shall periodically review and, as appropriate, amend the
				standards.
						.
			(b)Clerical
			 amendmentThe table of contents in section 1(b) of the
			 Rehabilitation Act of 1973 is amended by inserting after the item relating to
			 section 509 the following new item:

						Sec. 510. Establishment of standards for
				accessible medical diagnostic
				equipment.

					.
			3.Wellness grant
			 program for individuals with disabilitiesPart P of title III of the Public Health
			 Service Act (42 U.S.C. 280g et seq.) is amended—
			(1)by redesignating
			 the section 399R, as added by section 2 of Public Law 110–373, as section
			 399S;
			(2)by redesignating
			 the section 399R, as added by section 3 of Public Law 110–374, as section 399T;
			 and
			(3)by adding at the
			 end the following new section:

					399U.Establishment
				of wellness grant program for individuals with disabilities
						(a)In
				General
							(1)Individual with
				a disability definedFor purposes of this section, the term
				individual with a disability has the meaning given the term in
				section 7(20) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for
				purposes of title V of such Act (29 U.S.C. 791 et seq.).
							(2)Wellness grant
				program for individuals with disabilitiesThe Secretary, in collaboration with the
				National Advisory Committee on Wellness for Individuals With Disabilities
				established under subsection (d)(1), may make grants on a competitive basis to
				public and nonprofit private entities for the purpose of carrying out programs
				for promoting good health, disease prevention, and wellness for individuals
				with disabilities and for preventing secondary conditions in such
				individuals.
							(b)Requirement of
				ApplicationTo be eligible to receive a grant under subsection
				(a)(2), a public or nonprofit private entity shall submit to the Secretary an
				application at such time, in such manner, and containing such agreements,
				assurances, and information as the Secretary determines to be necessary to
				carry out this section.
						(c)Authorized
				activitiesWith respect to promoting good health and wellness for
				individuals with disabilities, activities for which the Secretary may make a
				grant under subsection (a) include—
							(1)programs or
				activities for smoking cessation, weight control, nutrition, or fitness that
				focus on the unique challenges faced by individuals with disabilities regarding
				these issues;
							(2)preventive health
				screening programs for individuals with disabilities to reduce the incidence of
				secondary conditions; and
							(3)athletic,
				exercise, or sports programs that provide individuals with disabilities
				(including children with disabilities) an opportunity to increase their
				physical activity in a dedicated or adaptive recreational environment.
							(d)Priorities
							(1)Advisory
				committeeThe Secretary shall establish a National Advisory
				Committee on Wellness for Individuals With Disabilities that shall set
				priorities to carry out this section, review grant proposals, and make
				recommendations for funding, and annually evaluate the progress of the program
				under this section in implementing the priorities.
							(2)RepresentationThe
				Advisory Committee established under paragraph (1) shall include representation
				by the Department of Health and Human Services Office on Disability, the United
				States Surgeon General or his designee, the Centers for Disease Control and
				Prevention, private nonprofit organizations that represent the civil rights and
				interests of individuals with disabilities, and individuals with disabilities
				or their family members.
							(e)Dissemination of
				informationThe Secretary shall, in addition to the usual methods
				of the Secretary, disseminate information about the availability of grants
				under subsection (a) in a manner designed to reach public entities and
				nonprofit private organizations that are dedicated to providing outreach,
				advocacy, or independent living services to individuals with
				disabilities.
						(f)Reports to
				congressThe Secretary shall, not later than 180 days after the
				date of the enactment of the Promoting Wellness for Individuals with
				Disabilities Act of 2009, and annually thereafter, submit to Congress a report
				summarizing activities, findings, outcomes, and recommendations resulting from
				the grant projects funded under this section during the preceding fiscal
				year.
						(g)Authorization of
				appropriationsFor the purpose of making grants under this
				section, there are authorized to be appropriated such sums as may be
				necessary.
						.
			4.Improving
			 education and training to provide medical services to individuals with
			 disabilities
			(a)Coordinated
			 program To improve pediatric oral healthSection 320A(b) of the
			 Public Health Service Act (42 U.S.C. 247d–8(b)) is amended by—
				(1)striking ,
			 or to increase and inserting , to increase; and
				(2)striking the
			 period and inserting the following , or to provide training to improve
			 competency and clinical skills in providing oral health services to, and
			 communicating with, patients with disabilities (including those with
			 intellectual disabilities) through training integrated into the core curriculum
			 and patient interaction in community-based settings..
				(b)Children’s
			 hospitals that operate graduate medical education
			 programsSection 340E of the Public Health Service Act (42 U.S.C.
			 256e) is amended by adding at the end the following:

					(h)Requirement To
				provide trainingTo be eligible to receive a payment under this
				section, a children’s hospital shall provide training to improve competency and
				clinical skills in providing health care to, and communicating with, patients
				with disabilities, including those with intellectual disabilities, as part of
				any approved graduate medical residency training program provided by the
				hospital. Such training shall include treating patients with disabilities in
				community-based settings as part of the usual training or residency
				placement.
					.
			(c)Centers of
			 excellenceSection 736(b) of the Public Health Service Act (42
			 U.S.C. 293(b)) is amended—
				(1)in paragraph
			 (6)(B), by striking ; and and inserting a semicolon;
				(2)by redesignating
			 paragraph (7) as paragraph (8); and
				(3)by inserting after
			 paragraph (6) the following:

						(7)to carry out a
				program to improve competency and clinical skills of students in providing
				health services to, and communicating with, patients with disabilities,
				including those with intellectual disabilities;
				and
						.
				(d)Family medicine,
			 general internal medicine, general pediatrics, general dentistry, pediatric
			 dentistry, and physician assistantsSection 747(a) of the Public
			 Health Service Act (42 U.S.C. 293k(a)) is amended—
				(1)in paragraph (5),
			 by striking ; and and inserting a semicolon;
				(2)in paragraph (6),
			 by striking pediatric dentistry. and inserting pediatric
			 dentistry; and;
				(3)by inserting after
			 paragraph (6) the following new paragraph:

						(7)to plan, develop,
				and operate a program for the training of physicians or dentists, or medical or
				dental residents, to improve competency and clinical skills of physicians and
				dentists in providing services to, and communicating with, patients with
				disabilities, including those with intellectual
				disabilities.
						;
				and
				(4)by
			 adding at the end the following: The training described in paragraph (7)
			 shall include training integrated into the core curriculum, as well as patient
			 interaction with individuals with disabilities in community-based settings, as
			 part of the usual training or residency placement..
				(e)Advisory council
			 on graduate medical educationSection 762(a)(1) of the Public
			 Health Service Act (42 U.S.C. 294o(a)(1)) is amended—
				(1)in subparagraph
			 (E), by striking ; and and inserting a semicolon; and
				(2)by
			 adding at the end the following:

						(G)appropriate
				efforts to be carried out by hospitals, schools of medicine, schools of
				osteopathic medicine, schools of dentistry, and accrediting bodies with respect
				to changes in undergraduate and graduate medical training to improve competency
				and clinical skills of physicians in providing health care services to, and
				communicating with, patients with disabilities, including those with
				intellectual disabilities;
				and
						.
				(f)Medicare
			 graduate medical education programsSection 1886(h) of the Social
			 Security Act (42 U.S.C. 1395ww(h)) is amended by adding at the end the
			 following:

					(8)Requirement to
				provide trainingTo be eligible to receive a payment under this
				subsection, a hospital shall provide training to improve competency and
				clinical skills in providing health care to, and communicating with, patients
				with disabilities, including those with intellectual disabilities, as part of
				any approved medical residency training program provided by the hospital. Such
				training shall include treating patients with disabilities in community-based
				settings, as part of the usual training or residency
				placement.
					.
			(g)Effective
			 dateThe amendments made by subsections (b), (c), and (f) shall
			 take effect 180 days after the date of the enactment of this Act


115 HRES 1030 IH: Expressing the sense of the House of Representatives that the territories of Abkhazia and South Ossetia are a part of the sovereign state of Georgia and condemning the decision by the Syrian Arab Republic to recognize these territories as independent of Georgia.
U.S. House of Representatives
2018-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 1030IN THE HOUSE OF REPRESENTATIVESJuly 25, 2018Mr. Francis Rooney of Florida (for himself, Mr. Connolly, and Mr. Poe of Texas) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONExpressing the sense of the House of Representatives that the territories of Abkhazia and South
			 Ossetia are a part of the sovereign state of Georgia and condemning the
			 decision by the Syrian Arab Republic to recognize these territories as
			 independent of Georgia.

 Whereas the United States established diplomatic relations with Georgia in 1992 and codified those relations in the 2009 United States-Georgia Charter on Strategic Partnership;
 Whereas Georgia has been a committed partner of the North Atlantic Treaty Organization (NATO) and has contributed significant troops and resources to the NATO missions in Afghanistan and the Multi-National Force in Iraq;
 Whereas Georgia maintains peaceful relations with its neighbors in the Caucasus region and has been a reliable partner in promoting peace and democracy in the Eurasia region;
 Whereas the United States and its partners must stand up against the Russian Federation’s expansion into territories of the former Soviet Union;
 Whereas the Russian Federation violates international law by continuously occupying sovereign territory in Georgia and has on multiple occasions meddled in the affairs of Georgia during the war in Abkhazia from 1992–1993 and during the Russo-Georgian war in August 2008;
 Whereas only 5 member states of the United Nations recognize Abkhazia or South Ossetia as independent of Georgia;
 Whereas the Syrian Arab Republic is a failed client-state of the Russian Federation and the Islamic Republic of Iran; and
 Whereas the Russian Federation, in its effort to disrupt the West and its allies, will use failed states such as the Syrian Arab Republic to push its geopolitical agenda and lend credibility to the territories it illegally occupies: Now, therefore, be it

 That the House of Representatives— (1)recognizes Georgia’s sovereignty and territorial integrity, and reaffirms that the regions of Abkhazia and South Ossetia, currently occupied by the Russian Federation, are territories of Georgia; and
 (2)condemns the decision by the Syrian Arab Republic, which is a client state of the Russian Federation, to recognize the independence of the regions of Abkhazia and South Ossetia.


		II

		108th CONGRESS

		2d Session

		S. 2832

		IN THE SENATE OF THE UNITED STATES

			September 23, 2004

			Mr. Johnson introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Social Security Act and the Internal Revenue

		  Code of 1986 to exempt certain employment as a member of a local governing

		  board from social security coverage.

		1.Exemption of certain local

			 governing board employment from social security coverage

			(a)Amendment to

			 Social Security ActSection 210(a)(7)(F) of the Social Security

			 Act is amended by striking or at the end of clause (iv), by

			 adding or at the end of clause (v), and by inserting after

			 clause (v) the following new clause:

					(vi)by any elected

				or appointed member of the general governing board of any political subdivision

				of a State if the remuneration paid in a calendar year for such service is not

				more than $1,000 with respect to service performed during any calendar year

				commencing on or after January 1, 2005;

					.

			(b)Amendment to

			 Internal Reveune Code of 1986Section 3121(b)(7)(F) of the

			 Internal Revenue Code of 1986 (defining employment) is amended by striking

			 or at the end of clause (iv), by adding or at the

			 end of clause (v), and by inserting after clause (v) the following new

			 clause:

					(vi)by any elected

				or appointed member of the general governing board of any political subdivision

				of a State if the remuneration paid in a calendar year for such service is not

				more than $1,000 with respect to service performed during any calendar year

				commencing on or after January 1, 2005;

					.


116 HR 1264 IH: Payment Commission Data Act of 2019
U.S. House of Representatives
2019-02-14
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.

I116th CONGRESS1st SessionH. R. 1264IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2019Mr. Doggett introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 titles XVIII and XIX of the Social Security Act to provide the Medicare Payment Advisory
			 Commission and the Medicaid and CHIP Payment and Access Commission with
			 access to certain drug payment information, including certain rebate
			 information.

 1.Short titleThis Act may be cited as the Payment Commission Data Act of 2019. 2.Providing the Medicare Payment Advisory Commission and Medicaid and CHIP Payment and Access Commission with access to certain drug payment information, including certain rebate information (a)Access to certain part D payment dataSection 1860D–15(f) of the Social Security Act (42 U.S.C. 1395w–115(f)) is amended—
 (1)in paragraph (2)— (A)in subparagraph (A)(ii), by striking and at the end;
 (B)in subparagraph (B), by striking the period at the end and inserting ; and; and (C)by inserting at the end the following new subparagraph:

 (C)by the Executive Director of the Medicare Payment Advisory Commission for purposes of monitoring, making recommendations, and analysis of the program under this title and by the Executive Director of the Medicaid and CHIP Payment and Access Commission for purposes of monitoring, making recommendations, and analysis of the Medicaid program established under title XIX and the Children’s Health Insurance Program under title XXI.; and
 (2)by adding at the end the following new paragraph:  (3)Additional restrictions on disclosure of informationThe Executive Directors described in paragraph (2)(C) shall not disclose any of the following information disclosed to such Executive Directors or obtained by such Executive Directors pursuant to such paragraph, with respect to a prescription drug plan offered by a PDP sponsor:
 (A)The specific amounts or the identity of the source of any rebates, price concessions, or other forms of direct or indirect remuneration under such prescription drug plan.
 (B)Information submitted with the bid submitted under section 1860D–11 by such PDP sponsor. (C)In the case of such information from prescription drug event records, in a form that would not be permitted under section 423.505(m) of title 42, Code of Federal Regulations, or any successor regulation, if made by the Centers for Medicare & Medicaid Services..
 (b)Access to certain rebate and payment data under Medicare and MedicaidSection 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)) is amended— (1)in the matter before clause (i), by striking subsection (a)(6)(A)(ii) and inserting subsection (a)(6)(A);
 (2)in clause (iv), by striking and at the end; (3)in clause (v), by striking the period at the end and inserting , and;
 (4)by inserting after clause (v) the following new clause:  (vi)to permit the Executive Director of the Medicare Payment Advisory Commission and the Executive Director of the Medicaid and CHIP Payment and Access Commission to review the information provided.;
 (5)in the matter at the end, by striking 1860D–4(c)(2)(E) and inserting 1860D–4(c)(2)(G); and (6)by adding at the end the following new sentence: Any information disclosed to the Executive Director of the Medicare Payment Advisory Commission or the Executive Director of the Medicaid and CHIP Payment and Access Commission pursuant to this subparagraph shall not be disclosed by either such Executive Director in a form which discloses the identity of a specific manufacturer or wholesaler or prices charged for drugs by such manufacturer or wholesaler..


116 S2954 IS: Toll Credit Marketplace Act
U.S. Senate
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2954IN THE SENATE OF THE UNITED STATESNovember 21, 2019Mrs. Shaheen (for herself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo establish a pilot toll credit marketplace program, and for other purposes.

 1.Short titleThis Act may be cited as the Toll Credit Marketplace Act. 2.Toll credit marketplace pilot program (a)DefinitionsIn this section:
 (1)Pilot programThe term pilot program means the toll credit marketplace pilot program established under subsection (b). (2)SecretaryThe term Secretary means the Secretary of Transportation.
 (3)StateThe term State has the meaning given the term in section 101 of title 23, United States Code. (4)Toll creditThe term toll credit means the credit that can be used toward the non-Federal share requirement under section 120(i) of title 23, United States Code.
 (5)Toll credit marketplaceThe term toll credit marketplace means a market in which toll credits can be purchased and sold by States participating in the pilot program.
 (b)Establishment of pilot programNot later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to develop a toll credit marketplace for States to buy and sell toll credits in accordance with this section.
 (c)PurposesThe purposes of the pilot program are— (1)to identify the extent of the demand to purchase toll credits;
 (2)to identify the cash price of toll credits through bilateral transactions between participating States;
 (3)to analyze the impact of the purchase or sale of toll credits on transportation expenditures; and (4)to test the feasibility of expanding the toll credit market to allow all States to participate on a permanent basis.
 (d)ParticipantsThe Secretary shall select not fewer than 10 States to participate in the pilot program. (e)AdministrationIn carrying out the pilot program, the Secretary—
 (1)shall establish procedures for a toll credit marketplace;
 (2)not later than 90 days after the date of enactment of this Act, shall provide notice to States that the Secretary is requesting participants for the pilot program; and
 (3)shall allow to participate in the pilot program— (A)a State that maintains a toll credit balance accumulated before the date of enactment of this Act;
 (B)a State that does not maintain infrastructure for the collection of toll credits; and
 (C)a State that has not accumulated a toll credit balance. (f)Transfer or sale of toll credits (1)In generalIn carrying out the pilot program, the Secretary shall allow a participating State to sell a toll credit not previously used by the State under section 120(i) of title 23, United States Code.
 (2)RequirementA State participating in the toll credit marketplace shall be subject to section 120(i)(2) of title 23, United States Code.
 (3)Website supportThe Secretary shall establish an online platform that allows participating States to offer and bid on toll credit purchases.
				(4)Oversight
 (A)In generalThe Secretary may— (i)review any purchase and sale of a toll credit under the pilot program; and
 (ii)limit or prohibit a purchase or sale of a toll credit under the pilot program if the Secretary determines that the purchase or sale is not consistent with the purposes of the pilot program.
 (B)AppealIf the Secretary limits or prohibits a purchase or sale of a toll credit under subparagraph (A)(ii)—
 (i)the Secretary shall provide to the State notice of that determination; (ii)not later than 30 days after the date on which the State receives the notice under clause (i), the State may request that the Secretary reconsider the determination; and
 (iii)not later than 60 days after the date on which the Secretary receives a request under clause (ii), the Secretary shall make a determination on the request.
						(g)Use of toll credits and funds
 (1)Use of toll credits by purchaserA participating State shall use a toll credit purchased under the pilot program toward the non-Federal share requirement for a project carried out under title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code.
 (2)Use of proceeds from sale of toll creditsA participating State shall use the proceeds from the sale of a toll credit under the pilot program for a project eligible for assistance under title 23 or chapter 53 of title 49, United States Code.
				(h)Metropolitan planning organization and local government toll credit allocation
 (1)Purchase of toll creditsOn request of a metropolitan planning organization or local government in the State, and with a timely payment of the amount of the toll credits, a State may purchase toll credits under this section on behalf of the metropolitan planning organization or local government.
 (2)Allocation of toll creditsOn approval of the relevant metropolitan planning organization or local government, a State may allocate toll credits purchased by the State for use by the metropolitan planning organization or local government.
 (i)Limitation on use of Federal funds for the purchase of toll creditsA State, metropolitan planning organization, or local government may not use Federal funds to purchase toll credits on the toll credit marketplace.
			(j)Reporting requirements
 (1)State reportNot later than 30 days after each purchase or sale in the toll credit marketplace under the pilot program—
 (A)the State that sold the toll credit shall provide to the Secretary information on the transaction, including—
 (i)the amount of cash received; (ii)the value of the toll credit sold;
 (iii)the intended use of the cash; and (iv)the remaining toll credit balance of the State; and
 (B)the State that purchased the toll credit shall provide to the Secretary information on— (i)the value of the toll credit purchased; and
 (ii)the anticipated use of the toll credit. (2)Annual reportsNot later than 1 year after the date on which the pilot program is established under subsection (b) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the toll credit marketplace.
 (3)Final reportNot later than the date on which the pilot program terminates under subsection (l), the Secretary shall—
 (A)submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
 (i)evaluates whether a toll credit marketplace is viable; (ii)describes the buying and selling activities of the toll credit marketplace;
 (iii)determines the average sales price of toll credits; (iv)evaluates whether the pilot program could be expanded to more States or all States;
 (v)provides updated information on the toll credit balance accumulated by each State; and (vi)describes the list of projects that were assisted by the pilot program; and
 (B)make the report under subparagraph (A) publicly available on the website of the Secretary. (k)GAO reportAfter the end of the first year during which the toll credit marketplace is in operation, the Comptroller General of the United States shall—
 (1)conduct a study on the performance of the toll credit marketplace; and (2)submit to Congress a report that includes—
 (A)an evaluation regarding whether the pilot program is successful; and (B)any recommendations on how to improve the pilot program.
 (l)SunsetThe pilot program shall terminate on the date that is 5 years after the date on which the pilot program is established.


115 HR 7366 IH: Revitalizing Amendment Motions for Patents Act of 2018
U.S. House of Representatives
2018-12-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7366IN THE HOUSE OF REPRESENTATIVESDecember 20, 2018Mr. Issa introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo reform and improve procedures for amending patents subject to post-issuance review proceedings
			 of the United States Patent and Trademark Office, and for other purposes.

 1.Short titleThis Act may be cited as the Revitalizing Amendment Motions for Patents Act of 2018 or the RAMP Act. 2.Reform of Patent Amendments in PTAB proceedings (a)Procedures for motions To amendSection 316(d) of title 35, United States Code, is amended by inserting at the end the following new paragraphs:

					(4)Procedures for motions to amend
 (A)In generalWith respect to a motion to amend filed under paragraph (1) or (2) that proposes 1 or more substitute claims—
 (i)a substitute claim shall be construed according to its broadest reasonable interpretation for the purposes of determining the patentability of the substitute claim;
 (ii)the petitioner shall be given a reasonable opportunity to respond to each substitute claim; (iii)the Director shall assign an examiner to examine each proposed substitute claim (giving consideration to the evidence and the arguments presented by the parties) and to submit to the Patent Trial and Appeal Board an advisory report, which shall be non-binding, on the patentability of each such substitute claim; and
 (iv)the Board shall consider such report in deciding the motion. (B)Rule of constructionNothing in subparagraph (A) may be construed as affecting the provisions of subsection (a)(11).
 (C)Matters not considered on appealWith respect to an appeal described under section 319, a party to the appeal may not challenge the decision of the Patent Trial and Appeal Board regarding a motion to amend under this paragraph on the basis of—
 (i)the qualifications or expertise of the examiner assigned by the Director under subparagraph (A); or (ii)any content of the report submitted pursuant to subparagraph (A) that was not expressly relied on by the Patent Trial and Appeal Board in such decision.
							(5)Expedited post-review reexamination
 (A)Availability of expedited post-review reexaminationAn owner of a patent may file a request for an expedited post-review reexamination by the Office of a challenged patent claim for which a final written decision of the Patent Trial and Appeal Board under section 318(a) was issued if the following requirements are met:
 (i)The challenged patent claim was determined to be unpatentable in such final written decision. (ii)During the inter partes review for which such final written decision was issued, the owner of the patent filed a timely motion to amend the patent that proposed 1 or more substitute claims for the challenged patent claim.
 (iii)The motion to amend was denied as to each substitute claim proposed for the challenged patent claim.
 (iv)The request for the expedited post-review reexamination of the challenged patent claim is made on the basis of the prior art asserted during such inter partes review against—
 (I)the challenged patent claim; or (II)a substitute claim proposed for the challenged claim.
 (B)Procedures for request and conduct of reexaminationA request for expedited post-review reexamination under this paragraph and the conduct of such reexamination under this paragraph shall be subject to section 302 and sections 304 through 307, except that—
 (i)the Director shall establish, by regulation, a time period (which may not exceed 60 days) after the time for filing an appeal of a final written decision of the Patent Trial and Appeal Board under section 318(a) has expired, or after the final disposition of any such appeal, during which the owner of the patent may request an expedited post-review reexamination under this paragraph;
 (ii)only the owner of the patent may file a request for an expedited post-review reexamination under this paragraph;
 (iii)for the purposes of section 304, a determination that a substantial new question of unpatentability is raised shall be assumed, and not later than 14 days after a request for an expedited post-review reexamination is filed, the Director shall order the reexamination of the challenged patent claim identified in the request if the Director determines that the request meets the requirements of subparagraph (A);
 (iv)the owner of the patent may not file a statement under section 304 and the reexamination shall begin immediately upon the order of the reexamination;
 (v)in any expedited post-review reexamination proceeding under this paragraph, the owner of the patent may only propose amended or new claims that are patentably distinct from the challenged patent claim of which the expedited post-review reexamination was requested;
 (vi)the full record of the inter partes review upon which the post-review reexamination was requested shall be made available for consideration during the reexamination; and
 (vii)the reexamination (excluding any appeal thereof) shall be concluded on the date that is not later than 180 days after the date on which the Director orders the reexamination.
							.
 (b)Patent owner’s actionsSection 315(b) of title 35, United States Code, is amended to read as follows:  (b)Patent owner’s actions (1)In generalAn inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.
 (2)Exception for joinderThe time limitation in paragraph (1) shall not apply to a request for joinder under subsection (c). (3)Exception for amended claimsThe time limitation in paragraph (1) shall not apply to a challenge in a petition for inter partes review against a patent claim that was amended pursuant to section 316(d)(5) unless the complaint was served after the issuance of a certificate under section 307(a) for the patent claim..
 (c)Amendment to procedures for issuance of certificateSection 318(b) of title 35, United States Code, is amended— (1)by striking and the time for appeal and inserting , the time for appeal; and
 (2)by inserting and the time for filing a request under section 316(d)(5)(A) has expired or any post-review reexamination has been terminated, after terminated,.
 3.Clarification of which claims for which the PTAB shall issue a final written decisionSection 318(a) of title 35, United States Code, is amended by striking challenged by the petitioner and inserting on which the inter partes review was instituted.