113 HR 2599 IH: Justice for the Unprotected against Sexually Transmitted Infections among the Confined and Exposed Act
U.S. House of Representatives
2013-06-28
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 2599
		IN THE HOUSE OF REPRESENTATIVES

			June 28, 2013
			Ms. Lee of California
			 (for herself, Ms. Clarke,
			 Mr. Rangel,
			 Ms. Wilson of Florida,
			 Mr. Serrano,
			 Ms. Norton,
			 Ms. Jackson Lee,
			 Mr. Ellison,
			 Mr. Lewis, and
			 Ms. Waters) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committees on
			 Energy and Commerce and
			 Financial Services, 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 reduce the spread of sexually transmitted infections
		  in correctional facilities, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Justice for the Unprotected against
			 Sexually Transmitted Infections among the Confined and Exposed
			 Act or the JUSTICE Act.
		2.Table of
			 contentsThe table of contents
			 of this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Sec. 3. Findings.
				Sec. 4. Authority to allow community organizations to provide
				STI counseling, STI prevention education, and sexual barrier protection devices
				in Federal correctional facilities.
				Sec. 5. Sense of Congress regarding distribution of sexual
				barrier protection devices in State prison systems.
				Sec. 6. Automatic enrollment or reinstatement of Medicaid
				benefits.
				Sec. 7. Survey of and report on correctional and immigration
				detention facility programs aimed at reducing the spread of STIs.
				Sec. 8. Strategy.
				Sec. 9. Eligibility of persons discharged from correctional
				facilities for McKinney-Vento Act housing assistance.
				Sec. 10. Definitions.
				Sec. 11. Appropriations.

		3.FindingsThe Congress makes the following
			 findings:
			(1)According to the Bureau of Justice
			 Statistics (BJS), 2,239,800 persons were incarcerated in State or Federal
			 prisons or local jails in the United States as of the end of 2011.
			 Additionally, one in every 34 United States residents was on probation, in jail
			 or prison, or on parole. During 2011, the Department of Homeland Security (DHS)
			 confined an additional 642,000 people. DHS held 429,000 of them in immigration
			 detention facilities.
			(2)In 2010, 60
			 percent of incarcerated persons were racial or ethnic minorities. In 2011,
			 African-Americans males ages 18 to 19 were imprisoned at more than 9 times the
			 rate of their White counterparts. African-American men are incarcerated at a
			 rate more than 6 times that of White males, and 2.6 times that of Hispanic
			 males, despite similar rates of criminal activity.
			(3)There is a
			 disproportionately high rate of HIV/AIDS among incarcerated persons, especially
			 among minorities. Rates of HIV diagnoses among persons tested in prisons in
			 2004 were higher in African-Americans and Hispanics than Whites. Approximately
			 1 in 7 people living with HIV will pass through the prison system each
			 year.
			(4)In 2010, the
			 AIDS-related death rate among prisoners was more than 4 times higher among
			 African-Americans compared to Whites.
			(5)Studies suggest
			 that other sexually transmitted infections (STIs), such as gonorrhea,
			 chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus,
			 also exist at a higher rate among incarcerated persons than in the general
			 population. According to the Centers for Disease Control and Prevention, 16
			 percent to 41 percent of incarcerated persons have been infected with hepatitis
			 C (compared to 1 percent to 1.5 percent of the general population), and 12
			 percent to 35 percent of incarcerated persons are chronically infected with
			 hepatitis C.
			(6)Many correctional
			 facilities in the United States do not provide comprehensive testing and
			 treatment programs to reduce the spread of STIs. According to BJS surveys from
			 2005, only 996 of the 1,821 Federal and State correctional facilities (i.e.,
			 54.7 percent) provided HIV/AIDS counseling programs.
			(7)Individuals who
			 are enrolled in Medicaid prior to incarceration, including those who are
			 pending disposition and have not had a trial yet, face a suspension of their
			 benefits upon incarceration, and in some States a termination of their Medicaid
			 eligibility. The Federal Government encourages States to automatically
			 re-enroll incarcerated persons on Medicaid upon their release from a
			 correctional facility, unless the State reaches a determination that the
			 individual is no longer eligible for reasons other than their prior
			 incarceration.
			(8)Formerly
			 incarcerated individuals who are newly released from correctional facilities
			 often face delays in the resumption of their Medicaid benefits which may
			 exacerbate any health issues which they face.
			(9)Incarcerated
			 individuals living with HIV/AIDS who are eligible for Medicaid would benefit
			 from prompt and automatic enrollment upon their release in order to ensure
			 their continued ability to access health services, including antiretroviral
			 treatment.
			(10)Correctional
			 facilities lack a uniform system of STI testing and reporting. Establishing a
			 uniform data collection system would assist in developing and targeting
			 counseling and treatment programs for incarcerated persons and can help reduce
			 the spread of STIs.
			(11)Although Congress
			 has acted to reduce the spread of sexual violence in correctional facilities by
			 enacting the National Prison Rape Elimination Act (PREA) of 2003, BJS reported
			 that approximately 4.4 percent of incarcerated persons in prisons and 3.1
			 percent of persons in jail reported experiencing one or more incidents of
			 sexual victimization by another incarcerated person or correctional facility
			 staff in the previous year.
			(12)According to CDC,
			 incarcerated persons do engage in sexual intercourse. The CDC finds that
			 correct and consistent male or female condom use effectively reduces the risk
			 of HIV and STI transmission and recommends HIV education and counseling in
			 prisons.
			(13)Despite the
			 effectiveness of condoms in reducing the spread of HIV/AIDS and STIs, the
			 Bureau of Prisons does not recommend their use in correctional
			 facilities.
			(14)The distribution
			 of condoms in correctional facilities is currently legal in certain parts of
			 the United States and the world. The States of Vermont and Mississippi and the
			 District of Columbia allow condom distribution programs in their correctional
			 facilities. The cities of New York, San Francisco, Los Angeles, Washington, DC,
			 and Philadelphia also allow condom distribution in their correctional
			 facilities. However, these States and cities operate less than 1 percent of all
			 correctional facilities.
			(15)The American
			 Public Health Association, National Commission on Correctional Health Care
			 (NCCHC), Human Rights Watch, the United Nations Joint Program on HIV/AIDS, the
			 United Nations Office of Drugs and Crime, UNAIDS, and the World Health
			 Organization have endorsed the effectiveness of condom distribution programs in
			 correctional facilities. The Global Commission on HIV and the Law further
			 recognizes that the lack of condoms exacerbates transmission risk.
			4.Authority to
			 allow community organizations to provide STI counseling, STI prevention
			 education, and sexual barrier protection devices in Federal correctional
			 facilities
			(a)Directive to
			 Attorney GeneralNot later
			 than 30 days after the date of enactment of this Act, the Attorney General
			 shall direct the Bureau of Prisons to allow community organizations to
			 distribute sexual barrier protection devices and to engage in STI counseling
			 and STI prevention education in Federal correctional facilities. These
			 activities shall be subject to all relevant Federal laws and regulations which
			 govern visitation in correctional facilities.
			(b)Information
			 requirementAny community
			 organization permitted to distribute sexual barrier protection devices under
			 subsection (a) must ensure that the persons to whom the devices are distributed
			 are informed about the proper use and disposal of sexual barrier protection
			 devices in accordance with established public health practices. Any community
			 organization conducting STI counseling or STI prevention education under
			 subsection (a) must offer comprehensive sex education.
			(c)Possession of
			 device protectedNo Federal correctional facility may, because of
			 the possession or use of a sexual barrier protection device—
				(1)take adverse
			 action against an incarcerated person; or
				(2)consider
			 possession or use as evidence of prohibited activity for the purpose of any
			 Federal correctional facility administrative proceeding.
				(d)ImplementationThe
			 Attorney General and Bureau of Prisons shall implement this section according
			 to established public health practices in a manner that protects the health,
			 safety, and privacy of incarcerated persons and of correctional facility
			 staff.
			5.Sense of Congress
			 regarding distribution of sexual barrier protection devices in State prison
			 systemsIt is the sense of
			 Congress that States should allow for the legal distribution of sexual barrier
			 protection devices in State correctional facilities to reduce the prevalence
			 and spread of STIs in those facilities.
		6.Automatic
			 enrollment or reinstatement of Medicaid benefits
			(a)In
			 generalSection 1902(e) of the Social Security Act (42 U.S.C.
			 1396a(e)) is amended—
				(1)by redesignating the paragraph (14) added
			 by section 3(c) of Public Law 111–255 as paragraph (15); and
				(2)by adding at the
			 end the following new paragraph:

						(16)Enrollment of
				ex-offenders
							(A)Automatic
				enrollment or reinstatement
								(i)In
				generalThe State plan shall provide for the automatic enrollment
				or reinstatement of enrollment of an eligible individual—
									(I)if such individual
				is scheduled to be released from a public institution due to the completion of
				sentence, not less than 30 days prior to the scheduled date of the release;
				and
									(II)if such
				individual is to be released from a public institution on parole or on
				probation, as soon as possible after the date on which the determination to
				release such individual was made, and before the date such individual is
				released.
									(ii)ExceptionIf a State makes a determination that an
				individual is not eligible to be enrolled under the State plan—
									(I)on or before the
				date by which the individual would be enrolled under
				clause (i), such clause shall not apply
				to such individual; or
									(II)after such date,
				the State may terminate the enrollment of such individual.
									(B)Relationship of
				enrollment to payment for services
								(i)In
				generalSubject to
				subparagraph (A)(ii), an eligible
				individual who is enrolled, or whose enrollment is reinstated, under
				subparagraph (A) shall be eligible for
				medical assistance that is provided after the date that the eligible individual
				is released from the public institution.
								(ii)Relationship to
				payment prohibition for inmatesNo provision of this paragraph may be
				construed to permit payment for care or services for which payment is excluded
				under subparagraph (A) following paragraph (29) of section 1905(a).
								(C)Treatment of
				continuous eligibility
								(i)Suspension for
				inmatesAny period of continuous eligibility under this title
				shall be suspended on the date an individual enrolled under this title becomes
				an inmate of a public institution (except as a patient of a medical
				institution).
								(ii)Determination
				of remaining periodNotwithstanding any changes to State law
				related to continuous eligibility during the time that an individual is an
				inmate of a public institution (except as a patient of a medical institution),
				subject to
				clause (iii), with respect to an
				eligible individual who was subject to a suspension under
				subclause (I), on the date that
				such individual is released from a public institution the suspension of
				continuous eligibility under such subclause shall be lifted for a period that
				is equal to the time remaining in the period of continuous eligibility for such
				individual on the date that such period was suspended under such
				subclause.
								(iii)ExceptionIf a State makes a determination that an
				individual is not eligible to be enrolled under the State plan—
									(I)on or before the
				date that the suspension of continuous eligibility is lifted under
				clause (ii), such clause shall not
				apply to such individual; or
									(II)after such date,
				the State may terminate the enrollment of such individual.
									(D)Automatic
				enrollment or reinstatement of enrollment definedFor purposes of this paragraph, the term
				automatic enrollment or reinstatement of enrollment means that the
				State determines eligibility for medical assistance under the State plan
				without a program application from, or on behalf of, the eligible individual,
				but an individual may only be automatically enrolled in the State Medicaid plan
				if the individual affirmatively consents to being enrolled through affirmation
				in writing, by telephone, orally, through electronic signature, or through any
				other means specified by the Secretary.
							(E)Eligible
				individual definedFor
				purposes of this paragraph, the term eligible individual means an
				individual who is an inmate of a public institution (except as a patient in a
				medical institution)—
								(i)who was enrolled under the State plan for
				medical assistance immediately before becoming an inmate of such an
				institution; or
								(ii)is diagnosed with human immunodeficiency
				virus.
								.
				(b)Supplemental
			 Funding for State Implementation of Automatic Reinstatement of Medicaid
			 Benefits
				(1)In
			 generalSubject to
			 paragraph (6), for each State for which
			 the Secretary of Health and Human Services has approved an application under
			 paragraph (3), the Federal matching
			 payments (including payments based on the Federal medical assistance
			 percentage) made to such State under section 1903 of the Social Security Act
			 (42 U.S.C. 1396b) shall be increased by 5 percentage points for payments to the
			 State for the activities permitted under
			 paragraph (2) for a period of one
			 year.
				(2)Use of
			 fundsA State may only use increased matching payments authorized
			 under
			 paragraph (1)—
					(A)to strengthen the
			 State’s enrollment and administrative resources for the purpose of improving
			 processes for enrolling (or reinstating the enrollment of) eligible individuals
			 (as such term is defined in section 1902(e)(15)(E) of the Social Security Act,
			 as added by subsection (a)); and
					(B)for medical
			 assistance (as such term is defined in section 1905(a) of the Social Security
			 Act (42 U.S.C. 1396d(a))) provided to such eligible individuals.
					(3)Application and
			 agreementThe Secretary may only make payments to a State in the
			 increased amount if—
					(A)the State has amended the State plan under
			 section 1902 of the Social Security Act to incorporate the requirements of
			 subsection (e)(15) of such section, as so added;
					(B)the State has
			 submitted an application to the Secretary that includes a plan for implementing
			 such requirements under the State’s amended State plan before the end of the
			 90-day period beginning on the date that the State receives increased matching
			 payments under
			 paragraph (1);
					(C)the State’s
			 application meets the satisfaction of the Secretary; and
					(D)the State enters
			 an agreement with the Secretary that states that—
						(i)the State will
			 only use the increased matching funds for the uses permitted under
			 paragraph (2); and
						(ii)at the end of the period under
			 paragraph (1), the State will submit to
			 the Secretary, and make publicly available, a report that contains the
			 information required under
			 paragraph (4).
						(4)Required report
			 informationThe information
			 that is required in the report under
			 paragraph (3)(D)(ii)
			 includes—
					(A)the results of an
			 evaluation of the impact of the implementation of the requirements of section
			 1902(e)(15) of the Social Security Act on improving the State’s processes for
			 enrolling of individuals who are released for public institutions into the
			 Medicaid program;
					(B)the number of
			 individuals who were automatically enrolled (or whose enrollment is reinstated)
			 under such section during the period under
			 paragraph (1); and
					(C)any other
			 information that is required by the Secretary.
					(5)Increase in cap
			 on Medicaid payments to territoriesSubject to
			 paragraph (6), the amounts otherwise
			 determined for Puerto Rico, the United States Virgin Islands, Guam, the
			 Northern Mariana Islands, and American Samoa under subsections (f) and (g) of
			 section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be
			 increased by the necessary amount to allow for the increase in the Federal
			 matching payments under
			 paragraph (1), but only for the period
			 under such paragraph for such State. In the case of such an increase for a
			 territory, subsection (a)(1) of such section 1108 shall be applied without
			 regard to any increase in payment made to the territory under part E of title
			 IV of such Act that is attributable to the increase in Federal medical
			 assistance percentage effected under
			 paragraph (1) for the territory.
				(6)Limitations
					(A)TimingWith respect to a State, at the end of the
			 period under
			 paragraph (1), no increased matching
			 payments may be made to such State under this subsection.
					(B)Maintenance of
			 eligibility
						(i)In
			 generalSubject to
			 clause (ii), a State is not
			 eligible for an increase in its Federal matching payments under
			 paragraph (1), or an increase in an
			 amount under
			 paragraph (5), if eligibility standards,
			 methodologies, or procedures under its State plan under title XIX of the Social
			 Security Act (including any waiver under such title or under section 1115 of
			 such Act (42 U.S.C. 1315)) are more restrictive than the eligibility standards,
			 methodologies, or procedures, respectively, under such plan (or waiver) as in
			 effect on the date of enactment of this Act.
						(ii)State
			 reinstatement of eligibility permittedA State that has restricted eligibility
			 standards, methodologies, or procedures under its State plan under title XIX of
			 the Social Security Act (including any waiver under such title or under section
			 1115 of such Act (42 U.S.C. 1315)) after the date of the enactment of this Act,
			 is no longer ineligible under
			 clause (i) beginning with the first
			 calendar quarter in which the State has reinstated eligibility standards,
			 methodologies, or procedures that are no more restrictive than the eligibility
			 standards, methodologies, or procedures, respectively, under such plan (or
			 waiver) as in effect on such date.
						(C)No waiver
			 authorityThe Secretary may not waive the application of this
			 subsection under section 1115 of the Social Security Act or otherwise.
					(D)Limitation of
			 matching payments to 100 percentIn no case shall an increase in
			 Federal matching payments under this subsection result in Federal matching
			 payments that exceed 100 percent.
					(7)State
			 definedIn this subsection, the term State has the
			 meaning given such term for purposes of title XIX of the Social Security
			 Act.
				(c)Effective
			 date
				(1)In
			 generalExcept as provided in
			 paragraph (2), the amendments made by
			 subsection (a) shall take effect 180 days
			 after the date of the enactment of this Act and shall apply to services
			 furnished on or after such date.
				(2)Rule for changes
			 requiring State legislationIn the case of a State plan for
			 medical assistance under title XIX of the Social Security Act which the
			 Secretary of Health and Human Services determines requires State legislation
			 (other than legislation appropriating funds) in order for the plan to meet the
			 additional requirements imposed by the amendments made by this subsection, the
			 State plan shall not be regarded as failing to comply with the requirements of
			 such title solely on the basis of its failure to meet these additional
			 requirements before the first day of the first calendar quarter beginning after
			 the close of the first regular session of the State legislature that begins
			 after the date of the enactment of this Act. For purposes of the previous
			 sentence, in the case of a State that has a 2-year legislative session, each
			 year of such session shall be deemed to be a separate regular session of the
			 State legislature.
				7.Survey of and
			 report on correctional and immigration detention facility programs aimed at
			 reducing the spread of STIs
			(a)SurveyThe
			 Attorney General and the Secretary of Homeland Security, after consulting with
			 the Secretary of Health and Human Services, State officials, and community
			 organizations, shall, to the maximum extent practicable, conduct a survey of
			 all Federal and State correctional facilities and immigration detention
			 facilities, no later than 180 days after the date of enactment of this Act and
			 annually thereafter for 5 years, to determine the following:
				(1)Prevention
			 education offeredThe type of prevention education, information,
			 or training offered to incarcerated persons and detainees and staff of
			 correctional and immigration detention facilities regarding sexual violence and
			 the spread of STIs, including whether such education, information, or
			 training—
					(A)constitutes
			 comprehensive sex education;
					(B)is compulsory for
			 new incarcerated persons and detainees and for new staff; and
					(C)is offered on an
			 ongoing basis.
					(2)Access to sexual
			 barrier protection devicesWhether incarcerated persons and
			 detainees can—
					(A)possess sexual
			 barrier protection devices;
					(B)purchase sexual
			 barrier protection devices;
					(C)purchase sexual
			 barrier protection devices at a reduced cost; and
					(D)obtain sexual
			 barrier protection devices without cost.
					(3)Incidence of
			 sexual violenceThe incidence of sexual violence and assault
			 committed by incarcerated persons and detainees, and by staff of correctional
			 and immigration detention facilities.
				(4)Counseling,
			 treatment, and supportive servicesWhether the correctional or
			 immigration detention facility requires incarcerated persons and detainees to
			 participate in counseling, treatment, and supportive services related to STIs,
			 or whether it offers such programs to incarcerated persons and
			 detainees.
				(5)STI
			 testingWhether the correctional or immigration detention
			 facility tests incarcerated persons and detainees for STIs or gives them the
			 option to undergo such testing—
					(A)at intake;
					(B)on a regular
			 basis; and
					(C)prior to
			 release.
					(6)STI test
			 resultsThe number of incarcerated persons and detainees who are
			 tested for STIs and the outcome of such tests at each correctional or
			 immigration detention facility, disaggregated to include results
			 for—
					(A)the type of
			 sexually transmitted infection tested for;
					(B)the race and
			 ethnicity of individuals tested;
					(C)the age of
			 individuals tested; and
					(D)the gender of
			 individuals tested.
					(7)Pre-release
			 referral policyWhether incarcerated persons and detainees are
			 informed prior to release about STI-related services or other health services
			 in their communities, including free and low-cost counseling and treatment
			 options.
				(8)Pre-release
			 referrals madeThe number of referrals to community-based
			 organizations or public health facilities offering STI-related or other health
			 services provided to incarcerated persons and detainees prior to release, and
			 the type of counseling or treatment for which the referral was made.
				(9)Reinstatement of
			 medicaid benefitsWhether the correctional facility assists
			 incarcerated persons that were enrolled in the State Medicaid program prior to
			 their incarceration, in reinstating their enrollment upon release and whether
			 such individuals receive referrals as provided by paragraph (8) to entities
			 that accept the State Medicaid program, including if applicable—
					(A)the number of such
			 individuals, including those diagnosed with the human immunodeficiency virus,
			 that have been reinstated;
					(B)a list of
			 obstacles to reinstating enrollment or to making determinations of eligibility
			 for reinstatement, if any; and
					(C)the number of
			 individuals denied enrollment.
					(10)Other actions
			 takenWhether the correctional or immigration detention facility
			 has taken any other action, in conjunction with community organizations or
			 otherwise, to reduce the prevalence and spread of STIs in that facility.
				(b)PrivacyIn
			 conducting the survey under subsection (a), the Attorney General and the
			 Secretary of Homeland Security shall not request or retain the identity of any
			 person who has sought or been offered counseling, treatment, testing, or
			 prevention education information regarding an STI (including information about
			 sexual barrier protection devices), or who has tested positive for an
			 STI.
			(c)ReportThe
			 Attorney General and the Secretary of Homeland Security shall transmit to
			 Congress and make publicly available the results of the survey required under
			 subsection (a), both for the Nation as a whole and disaggregated as to each
			 State and each correctional facility or immigration detention facility. To the
			 maximum extent possible, the Attorney General and the Secretary of Homeland
			 Security shall issue the first report no later than 1 year after the date of
			 enactment of this Act and shall issue reports annually thereafter for 5
			 years.
			8.Strategy
			(a)Directive to
			 Attorney GeneralThe Attorney
			 General, in consultation with the Secretary of Health and Human Services, State
			 officials, and community organizations, shall develop and implement a 5-year
			 strategy to reduce the prevalence and spread of STIs in Federal and State
			 correctional facilities. To the maximum extent possible, the strategy shall be
			 developed, transmitted to Congress, and made publicly available no later than
			 180 days after the transmission of the first report required under section 7(c)
			 of this Act.
			(b)Contents of
			 strategyThe strategy shall include the following:
				(1)Prevention
			 educationA plan for improving prevention education, information,
			 and training offered to incarcerated persons and correctional facility staff,
			 including information and training on sexual violence and the spread of STIs,
			 and comprehensive sex education.
				(2)Sexual barrier
			 protection device accessA plan for expanding access to sexual
			 barrier protection devices in correctional facilities.
				(3)Sexual violence
			 reductionA plan for reducing the incidence of sexual violence
			 among incarcerated persons and correctional facility staff, developed in
			 consultation with the National Prison Rape Elimination Commission.
				(4)Counseling and
			 supportive servicesA plan for expanding access to counseling and
			 supportive services related to STIs in correctional facilities.
				(5)TestingA
			 plan for testing incarcerated persons for STIs during intake, during regular
			 health exams, and prior to release, and that—
					(A)is conducted in
			 accordance with guidelines established by the Centers for Disease Control and
			 Prevention;
					(B)includes pretest
			 counseling;
					(C)requires that
			 incarcerated persons are notified of their option to decline testing at any
			 time;
					(D)requires that incarcerated persons are
			 confidentially notified of their test results in a timely manner; and
					(E)ensures that
			 incarcerated persons testing positive for STIs receive posttest counseling,
			 care, treatment, and supportive services.
					(6)TreatmentA
			 plan for ensuring that correctional facilities have the necessary medicine and
			 equipment to treat and monitor STIs and for ensuring that incarcerated persons
			 living with or testing positive for STIs receive and have access to care and
			 treatment services.
				(7)Strategies for
			 demographic groupsA plan for developing and implementing
			 culturally appropriate, sensitive, and specific strategies to reduce the spread
			 of STIs among demographic groups heavily impacted by STIs.
				(8)Discharge and
			 return to societyA plan to improve pre-release discharge
			 planning for inmates, especially those with HIV/AIDS, to access essential
			 services.
				(9)Linkages with
			 communities and facilitiesA
			 plan for establishing and strengthening linkages to local communities and
			 health facilities that—
					(A)provide
			 counseling, testing, care, and treatment services;
					(B)may receive
			 persons recently released from incarceration who are living with STIs;
			 and
					(C)accept payment
			 through the State Medicaid program.
					(10)Enrollment in
			 State Medicaid programsPlans to ensure that incarcerated persons
			 who were—
					(A)enrolled in their
			 State Medicaid program prior to incarceration in a correctional facility are
			 automatically re-enrolled in such program upon their release; and
					(B)not enrolled in
			 their State Medicaid program prior to incarceration, but who are diagnosed with
			 the human immunodeficiency virus while incarcerated in a correctional facility,
			 are automatically enrolled in such program upon their release.
					(11)Other
			 plansAny other plans developed by the Attorney General for
			 reducing the spread of STIs or improving the quality of health care in
			 correctional facilities.
				(12)Monitoring
			 systemA monitoring system that establishes performance goals
			 related to reducing the prevalence and spread of STIs in correctional
			 facilities and which, where feasible, expresses such goals in quantifiable
			 form.
				(13)Monitoring
			 system performance indicatorsPerformance indicators that measure
			 or assess the achievement of the performance goals described in paragraph
			 (12).
				(14)Cost
			 estimateA detailed estimate of the funding necessary to
			 implement the strategy at the Federal and State levels for all 5 years,
			 including the amount of funds required by community organizations to implement
			 the parts of the strategy in which they take part.
				(c)ReportThe Attorney General shall transmit to
			 Congress and make publicly available an annual progress report regarding the
			 implementation and effectiveness of the strategy described in subsection (a).
			 The progress report shall include an evaluation of the implementation of the
			 strategy using the monitoring system and performance indicators provided for in
			 paragraphs (12) and (13) of subsection (b).
			9.Eligibility of
			 persons discharged from correctional facilities for McKinney-Vento Act housing
			 assistanceSection 401 of the
			 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360) is amended—
			(1)by redesignating
			 paragraphs (9) through (33) as paragraphs (10) through (34), respectively;
			 and
			(2)by inserting after paragraph (8) the
			 following new paragraph:

					(9)HomelessNotwithstanding section 103(d), the terms
				homeless, homeless individual, and homeless
				person include an individual who—
						(A)is being released
				from any prison, penitentiary, adult detention facility, juvenile detention
				facility, jail, or other facility to which persons may be sent after conviction
				of a crime or act of juvenile delinquency within any State; and
						(B)has been diagnosed with any sexually
				transmitted infection (as such term is defined in section 10 of the
				JUSTICE
				Act).
						.
			10.DefinitionsFor the purposes of this Act:
			(1)Community
			 OrganizationThe term
			 community organization means a public health care facility or a
			 nonprofit organization which provides health- or STI-related services according
			 to established public health standards.
			(2)Comprehensive
			 sex educationThe term comprehensive sex education
			 means a program that—
				(A)includes age- and
			 developmentally appropriate, culturally and linguistically relevant information
			 on a broad set of topics related to sexuality including human development,
			 relationships, decisionmaking, communication, abstinence, contraception, and
			 disease and pregnancy prevention;
				(B)provides students
			 with opportunities for developing skills as well as learning
			 information;
				(C)is inclusive of
			 lesbian, gay, bisexual, transgender, and heterosexual young people; and
				(D)aims to—
					(i)provide
			 scientifically accurate and realistic information about human sexuality;
					(ii)provide
			 opportunities for individuals to understand their own, their families’, and
			 their communities’ values, attitudes, and insights about sexuality;
					(iii)help individuals
			 develop healthy relationships and interpersonal skills; and
					(iv)help individuals
			 exercise responsibility regarding sexual relationships, which includes
			 addressing abstinence, pressures to become prematurely involved in sexual
			 intercourse, and the use of contraception and other sexual health
			 measures.
					(3)Correctional
			 FacilityThe term
			 correctional facility means any prison, penitentiary, adult
			 detention facility, juvenile detention facility, jail, or other facility to
			 which persons may be sent after conviction of a crime or act of juvenile
			 delinquency within the United States.
			(4)DetaineeThe
			 term detainee means any person held by the Department of Homeland
			 Security whether in criminal or civil confinement.
			(5)Immigration
			 detention facilityThe term immigration detention
			 facility means a confinement facility operated by or pursuant to
			 contract with U.S. Immigration and Customs Enforcement (ICE) that routinely
			 holds persons pending resolution or completion of immigration removal
			 operations or processes, including facilities that are operated by ICE,
			 facilities that provide detention services under a contract awarded by ICE, or
			 facilities used by ICE pursuant to an Intergovernmental Service
			 Agreement.
			(6)Incarcerated
			 PersonThe term
			 incarcerated person means any person who is serving a sentence in
			 a correctional facility after conviction of a crime.
			(7)Sexually
			 Transmitted InfectionThe
			 term sexually transmitted infection or STI means any
			 disease or infection that is commonly transmitted through sexual activity,
			 including HIV/AIDS, gonorrhea, chlamydia, syphilis, genital herpes, viral
			 hepatitis, and human papillomavirus.
			(8)Sexual Barrier
			 Protection DeviceThe term
			 sexual barrier protection device—
				(A)means any Food and
			 Drug Administration-approved physical device which has not been tampered with
			 and which reduces the probability of STI transmission or infection between
			 sexual partners, including female condoms, male condoms, and dental dams;
			 and
				(B)includes
			 water-based lubricants that have been shown to reduce the probability of condom
			 breakage.
				(9)StateThe
			 term State includes the District of Columbia, American Samoa, the
			 Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United
			 States Virgin Islands.
			11.Appropriations
			(a)In
			 generalThere are authorized
			 to be appropriated such sums as may be necessary to carry out this Act for each
			 of the fiscal years 2014 through 2020.
			(b)Availability of
			 fundsAmounts made available under subsection (a) are authorized
			 to remain available until expended.


		I
		111th CONGRESS
		1st Session
		H. R. 1190
		IN THE HOUSE OF REPRESENTATIVES

			February 25, 2009
			Ms. Herseth Sandlin
			 (for herself, Mr. Walden,
			 Mr. Ross, Mr. Stupak, Mrs.
			 Emerson, Mr. DeFazio, and
			 Mrs. Lummis) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To promote the use of certain materials harvested from
		  public lands in the production of renewable fuel, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Renewable Biomass Facilitation Act of
			 2009.
		2.Renewable
			 biomassSection 201 of the
			 Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat.
			 1519) is amended in the amendment made to section 211(o)(1) of the Clean Air
			 Act (42 U.S.C. 7545) by amending subparagraph (I) of such section 211(o)(1) to
			 read as follows:

				(I)Renewable
				biomassThe term renewable biomass means—
				(A)materials,
				precommercial thinnings, or removed exotic species that—
					(i)are
				byproducts of preventive treatments (such as trees, wood, brush, thinnings,
				chips, and slash) that are removed—
						(I)to reduce
				hazardous fuels;
						(II)to reduce or
				contain disease or insect infestation; or
						(III)to restore
				ecosystem health;
						(ii)would not
				otherwise be used for higher-value products; and
					(iii)are harvested
				from National Forest System land or public lands (as defined in section 103 of
				the Federal Land Policy and Management Act of 1976) in accordance with—
						(I)Federal and State
				law;
						(II)applicable land
				management plans; and
						(III)the requirements
				for old-growth maintenance, restoration, and management direction of paragraphs
				(2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests
				Restoration Act of 2003 and the requirements for large-tree retention of
				subsection (f) of that section; or
						(B)any organic matter
				that is available on a renewable or recurring basis from non-Federal land or
				land belonging to an Indian or Indian tribe that is held in trust by the United
				States or subject to a restriction against alienation imposed by the United
				States, including—
					(i)renewable plant
				material, including—
						(I)feed
				grains;
						(II)other
				agricultural commodities;
						(III)other plants and
				trees; and
						(IV)algae; and
						(ii)waste material,
				including—
						(I)crop
				residue;
						(II)other vegetative
				waste material (including wood waste and wood residues);
						(III)animal waste and
				byproducts (including fats, oils, greases, and manure);
						(IV)construction
				waste; and
						(V)food waste and yard
				waste.
						.


114 S234 IS: Regulatory Fairness Act of 2015
U.S. Senate
2015-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 234IN THE SENATE OF THE UNITED STATESJanuary 22, 2015Mr. Vitter (for himself, Mr. Manchin, Mr. Heller, Mr. McConnell, Mr. Enzi, Mr. Risch, Mr. Crapo, Mr. Barrasso, and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Federal Water Pollution Control Act to confirm the scope of the authority of the
			 Administrator of the Environmental Protection Agency to deny or restrict
 the use of defined areas as disposal sites.1.Short titleThis Act may be cited as the Regulatory Fairness Act of 2015.2.Permits for dredged or
 fill materialSection 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following:(c)Denial or
 restriction of use of specified disposal sites(1)In generalDuring and only during the period beginning on the date on which the Secretary publishes the notice required under subsection (a) of this section and ending once the Secretary issues a permit under such subsection, the Administrator may deny or restrict the use of any defined area identified in such notice as a specified disposal site if the Administrator determines, after notice and opportunity for public comment, that the discharge of dredged or fill material into such defined area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas.(2)ConsultationBefore making a determination under paragraph (1), the Administrator shall consult with the Secretary.(3)Explanation of determinationThe Administrator shall set forth in writing and make publicly available—(A)any findings of the Administrator;(B)the basis of and reasons for making a determination under paragraph (1); and(C)all information and data reviewed in making any determination under paragraph (1).(4)Previous action in absence of notice invalidNo previous action by the Administrator to deny or restrict the use or prohibit the specification of any defined area as a disposal site, and which occurred in the absence of the Secretary’s publishing of a notice under subsection (a) of this section, is valid or otherwise enforceable.(5)Previous action after permit issued invalidNo previous action by the Administrator to deny or restrict the use or prohibit the specification of any defined area as a disposal site and for which the Secretary had issued a permit under subsection (a) of this section, and which occurred after the Secretary issued the permit, is valid or otherwise enforceable..


115 S939 IS: Ensuring Lawful Collection of Hidden Assets to Provide Order Act
U.S. Senate
2017-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 939
		IN THE SENATE OF THE UNITED STATES

			April 25, 2017
			Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To reserve any amounts forfeited to the United States Government as a result of the criminal
			 prosecution of Joaquin Archivaldo Guzman Loera (commonly known as El Chapo), or of other felony convictions involving the transportation of controlled substances into the
			 United States, for security measures along the Southern border, including
			 the completion of a border wall.

 1.Short titleThis Act may be cited as the Ensuring Lawful Collection of Hidden Assets to Provide Order Act or the EL CHAPO Act. 2.Use of certain forfeited criminal proceeds for border security measuresNotwithstanding any other provision of law, any illegally obtained profits resulting from any criminal drug trafficking enterprise led by Joaquin Archivaldo Guzman Loera (commonly known as El Chapo), which are criminally forfeited to the United States Government as a result of the conviction of Mr. Guzman Loera in Federal District court, shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security.
 3.Use of forfeited criminal proceeds of other convicted cartel membersNotwithstanding any other provision of law, any funds that are criminally forfeited to the United States Government as the result of a felony conviction in a Federal district court of a member of a drug cartel—an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance, intending and knowing that such substance would be unlawfully imported into the United States from a place outside of the United States—shall be reserved for security measures along the border between the United States and Mexico, including the completion of a wall along such border, for the purpose of stemming the flow of illegal narcotics into the United States and furthering the Nation’s security.


I
108th CONGRESS
2d Session
H. R. 4577
IN THE HOUSE OF REPRESENTATIVES

June 15, 2004
Mr. Grijalva introduced the following bill; which was referred to the Committee on Resources

A BILL
To allow binding arbitration clauses to be included in all contracts affecting the land within the Gila River Indian Community Reservation.

1.Binding arbitration for Gila River Indian Community Reservation contracts
(a)AmendmentsSubsection (f) of the first section of the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases, approved August 9, 1955, (69 Stat. 539; 25 U.S.C. 415(f)) is amended—
(1)in the first sentence—
(A)by striking Any lease and all that follows through affecting land and inserting Any contract, including a lease, affecting land; and
(B)by striking such lease or contract and inserting such contract; and
(2)in the second sentence, by striking Such leases or contracts entered into pursuant to such Acts and inserting Such contracts.
(b)Effective dateThe amendments made by this section shall take effect as if included in An Act to amend the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases, approved August 9, 1955, to provide for binding arbitration clauses in leases and contracts related to reservation lands of the Gila River Indian Community, approved January 23, 2002 (Public Law 107–159).


115 HR 7355 IH: Puerto Rico Recovery Accuracy in Disclosures Act of 2018
U.S. House of Representatives
2018-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7355IN THE HOUSE OF REPRESENTATIVESDecember 19, 2018Ms. Velázquez (for herself, Miss González-Colón of Puerto Rico, Mr. Grijalva, Mr. Bishop of Utah, and Mr. Biggs) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo impose requirements on the payment of compensation to professional persons employed in voluntary
			 cases commenced under title III of the Puerto Rico Oversight Management
			 and Economic Stability Act (commonly known as PROMESA).

 1.Short titleThis Act may be cited as the Puerto Rico Recovery Accuracy in Disclosures Act of 2018 or (PRRADA). 2.Disclosure by professional persons employed by court order (a)Required disclosureIn a voluntary case commenced under section 304 of the Puerto Rico Oversight Management and Economic Stability Act (commonly known as PROMESA; 48 U.S.C. 2164), no attorneys, accountants, appraisers, auctioneers, agents, consultants, or other professional persons shall be compensated under section 316 of PROMESA (48 U.S.C. 2176) unless prior to making a request for compensation, such a professional person has submitted a verified statement conforming to the disclosure requirements of rule 2014(a) of the Federal Rules of Bankruptcy Procedure setting forth the professional person’s connections with the debtor, creditors, any other parties in interest, their respective attorneys and accountants, the Oversight Board, and any person employed by the Oversight Board. Such statement shall include information on the identity of each entity or person with whom such professional person has a connection. Such professional person shall be required—
 (1)to supplement such verified statement as additional relevant information becomes known to such person; and
 (2)to file annually a notice confirming the accuracy of such statement. (b)ReviewThe United States Trustee shall review each verified statement submitted pursuant to subsection (a) and may file with the court comments on such verified statements before the professionals filing such statements seek compensation under section 316 of PROMESA (48 U.S.C. 2176). The United States Trustee may also object to compensation applications filed under section 316 of PROMESA (48 U.S.C. 2176) that fail to satisfy the requirements of subsection (d) of this Act. Each person having standing under section 1109 of title 11 of the United States Code shall also have standing under this section. The district court shall have jurisdiction to adjudicate all matters arising under this section.
 (c)RetroactivityIf, at the time subsection (a) is enacted, the court has entered orders approving compensation under cases commenced under section 304 of PROMESA (48 U.S.C. 2164) each professional person previously awarded compensation shall file a verified statement in accordance with subsection (a) not later than 30 days after such person’s first request for compensation under section 316 of PROMESA (48 U.S.C. 2176) occurring after the date of the enactment of this Act, except that the court may not delay any proceeding in connection with a case commenced under section 304 of PROMESA (48 U.S.C. 2164) pending the filing of such verified statements.
 (d)Limitation on compensationIn a voluntary case commenced under section 304 of PROMESA (48 U.S.C. 2164), in connection with the review and approval of professional compensation under section 316 of PROMESA (48 U.S.C. 2176), the court may deny allowance of compensation for services and reimbursement of expenses, accruing after the date of the enactment of this Act of a professional person if such professional person—
 (1)has failed to file statements of connections required by subsection (a) or has filed inadequate statements of connections;
 (2)is at any time during such professional person’s employment in such case not a disinterested person as defined in section 101(14) of title 11 of the United States Code; or
 (3)represents, or holds an interest adverse to, the interest of the estate with respect to the matter on which such professional person is employed, except that the qualification standards for committee professionals shall be those set forth in section 1103(b) of title 11 of the United States Code.


116 HR 2543 IH: Stopping Improper Payments to Deceased People Act
U.S. House of Representatives
2019-05-07
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. 2543IN THE HOUSE OF REPRESENTATIVESMay 7, 2019Mrs. Bustos (for herself, Mr. Gianforte, Mr. Cooper, Mr. Meadows, Ms. Kuster of New Hampshire, Mr. Gallagher, Miss Rice of New York, Mr. Cisneros, and Mr. Krishnamoorthi) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Reform, 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 Improper Payments Elimination and Recovery Improvement Act of 2012, including making
			 changes to the Do Not Pay Initiative, for improved detection, prevention,
			 and recovery of improper payments to deceased individuals, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Stopping Improper Payments to Deceased People Act. 2.Distribution of death information furnished to or maintained by the Social Security Administration (a)In general (1)In generalSection 205(r) of the Social Security Act (42 U.S.C. 405(r)) is amended—
 (A)in paragraph (2)— (i)by striking may and inserting shall; and
 (ii)by inserting , and to ensure the completeness, timeliness, and accuracy of, after transmitting; (B)by striking paragraphs (3), (4), and (5) and inserting the following:

							(3)
 (A)In the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency, the Commissioner of Social Security shall, to the extent feasible, provide such information through a cooperative arrangement with such agency for ensuring proper payment of those benefits with respect to such individuals if—
 (i)under such arrangement the agency agrees to such safeguards as the Commissioner determines are necessary or appropriate to protect the information from unauthorized use or disclosure;
 (ii)under such arrangement the agency provides reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1); and
 (iii)such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1).
 (B)The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, through a cooperative arrangement in order for a Federal agency to carry out any of the following purposes, if the requirements of clauses (i), (ii), and (iii) of subparagraph (A) are met:
 (i)Under such arrangement, the agency operating the Do Not Pay working system established under section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 may compare death information disclosed by the Commissioner with personally identifiable information reviewed through the working system, and may redisclose such comparison of information, as appropriate, to any Federal or State agency authorized to use the working system.
 (ii)The tax administration duties of the agency. (iii)Oversight activities of the Inspector General of an agency that is provided information regarding all deceased individuals pursuant to this subsection.
 (iv)Civil or criminal enforcement activities that are authorized by law. (C)With respect to the reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out a cooperative arrangement described in subparagraph (A) between the Commissioner of Social Security and an agency, the Commissioner shall—
 (i)establish a defined calculation method for purposes of calculating the reasonable cost of carrying out the arrangement that does not take into account any services, information, or unrelated payments provided by the agency to the Commissioner; and
 (ii)reimbursement payments shall be accounted for and recorded separately from other transactions. (4)The Commissioner of Social Security may enter into similar arrangements with States to provide information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection for use by States in programs wholly funded by the States, or for use in the administration of a benefit pension plan or retirement system for employees of a State or a political subdivision thereof, if the requirements of clauses (i), (ii), and (iii) of paragraph (3)(A) are met. For purposes of this paragraph, the terms retirement system and political subdivision have the meanings given such terms in section 218(b).
 (5)The Commissioner of Social Security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection for statistical purposes and research activities by Federal and State agencies (including research activities conducted under a contract or a cooperative arrangement (as such terms are defined for purposes of sections 6303 and 6305, respectively, of title 31, United States Code) with such an agency) if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met.; and
 (C)in paragraph (8)(A)(i), by striking subparagraphs (A) and (B) of paragraph (3) and inserting clauses (i), (ii), and (iii) of paragraph (3)(A). (2)RepealEffective on the date that is 5 years after the date of enactment of this Act, the amendments made by this subsection to paragraphs (3), (4), (5), and (8) of section 205(r) of the Social Security Act (42 U.S.C. 405(r)) are repealed, and the provisions of section 205(r) of the Social Security Act (42 U.S.C. 405(r)) so amended are restored and revived as if such amendments had not been enacted.
				(b)Amendments to internal revenue code
 (1)In generalSection 6103(d)(4) of the Internal Revenue Code of 1986 is amended— (A)in subparagraphs (A) and (B), by striking Secretary of Health and Human Services each place it appears and inserting Commissioner of Social Security; and
 (B)in subparagraph (B)(ii), by striking such Secretary and all that follows through deceased individuals. and inserting such Commissioner pursuant to such contract, except that such contract may provide that such information is only to be used by the Social Security Administration (or any other Federal agency) for purposes authorized in the Social Security Act or this title..
 (2)Effective dateThe amendments made by this subsection take effect 180 days after the date of enactment of this Act.
				(c)Report to Congress on alternative sources of death data
 (1)RequirementsThe Commissioner of Social Security, in coordination with the Secretary of the Treasury, shall conduct a review of potential alternative sources of death data maintained by the non-Federal sources, including sources maintained by State agencies or associations of State agencies, for use by Federal agencies and programs. The review shall include analyses of—
 (A)the accuracy and completeness of such data; (B)interoperability of such data;
 (C)the extent to which there is efficient accessibility of such data by Federal agencies; (D)the cost to Federal agencies of accessing and maintaining such data;
 (E)the security of such data; (F)the reliability of such data; and
 (G)a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security.
 (2)ReportNot later than 4 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the results of the review and analyses required under paragraph (1). The report shall include a recommendation by the Director of the Office of Management and Budget regarding whether to extend the agency access to death data distributed by the Commissioner of Social Security provided under the amendments made by subsection (a)(1) beyond the date on which such amendments are to be repealed under subsection (a)(2).
 3.Improving the use of data by Government agencies to curb improper paymentsThe Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at the end the following:

				8.Improving the use of death data by Government agencies
					(a)Guidance by the office of management and budget
 (1)Guidance to agenciesNot later than 1 year after the date of enactment of this section, and in consultation with the Council of Inspectors General on Integrity and Efficiency and the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, the Director of the Office of Management and Budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries, annuity recipients, or any purpose described in section 205(r)(3)(B) of the Social Security Act (42 U.S.C. 405(r)(3)(B)) for which improved data matching with databases relating to the death of an individual (in this section referred to as death databases) would be relevant and necessary regarding implementation of this section to provide such agencies or components access to the death databases no later than 1 year after such date of enactment.
 (2)Plan to assist States and local agencies and Indian tribes and tribal organizationsNot later than 1 year after the date of enactment of this section, the Secretary of Health and Human Services and the Secretary of the Treasury shall jointly develop a plan to assist States and local agencies, and Indian tribes and tribal organizations, in providing electronically to the Federal Government records relating to the death of individuals, which may include recommendations to Congress for any statutory changes or financial assistance to States and local agencies and Indian tribes and tribal organizations that are necessary to ensure States and local agencies and Indian tribes and tribal organizations can provide such records electronically. The plan may include recommendations for the authorization of appropriations or other funding to carry out the plan.
						(b)Reports
 (1)Report to congress on improving data matching regarding payments to deceased individualsNot later than 1 year after the date of enactment of this section, the Secretary of the Treasury, in consultation with the heads of other relevant Federal agencies, and in consultation with States and local agencies, Indian tribes and tribal organizations, shall submit to Congress a plan to improve how States and local agencies and Indian tribes and tribal organizations that provide benefits under a federally funded program will improve data matching with the Federal Government with respect to the death of individuals who are recipients of such benefits.
 (2)Annual reportNot later than 1 year after the date of enactment of this section, and for each of the 4 succeeding years, the Secretary of the Treasury shall submit to Congress a report regarding the implementation of this section. The first report submitted under this paragraph shall include the recommendations of the Secretary required under subsection (a)(2).
 (c)DefinitionsIn this section, the terms Indian tribe and tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)..
		4.Plan for ensuring the accuracy and completeness of death data maintained and distributed by the
			 Social Security Administration
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a plan, which shall include an estimate of the cost of implementing the policies and procedures described in such plan, to improve the accuracy and completeness of the death data (including, where feasible and cost-effective, data regarding individuals who are not eligible for or receiving benefits under titles II or XVI of the Social Security Act) maintained and distributed by the Social Security Administration.
 (b)Content of planIn developing the plan required under subsection (a), the Commissioner of Social Security shall consider whether to include the following elements:
 (1)Procedures for— (A)identifying individuals who are extremely elderly, as determined by the Commissioner, but for whom no record of death exists in the records of the Social Security Administration;
 (B)verifying the information contained in the records of the Social Security Administration with respect to individuals described in subparagraph (A) and correcting any inaccuracies; and
 (C)where appropriate, disclosing corrections made to the records of the Social Security Administration.
 (2)Improved policies and procedures for identifying and correcting erroneous death records, including policies and procedures for—
 (A)identifying individuals listed as dead who are actually alive; (B)identifying individuals listed as alive who are actually dead; and
 (C)allowing individuals or survivors of deceased individuals to notify the Social Security Administration of potential errors.
 (3)Improved policies and procedures to identify and correct discrepancies in the records of the Social Security Administration, including social security number records.
 (4)A process for employing statistical analysis of the death data maintained and distributed by the Social Security Administration to determine an estimate of the number of erroneous records.
 (5)Recommendations for legislation, as necessary. 5.Report on information securityNot later than 90 days after the date of the enactment of this Act, the Commissioner of Social Security shall submit a report to the Committees on Ways and Means, Oversight and Government Reform, and Homeland Security of the House of Representatives, and the Committees on Finance and Homeland Security and Governmental Affairs of the Senate that—
 (1)identifies all information systems of the Social Security Administration containing sensitive information; and
 (2)describes the measures the Commissioner is taking to secure and protect such information systems.


		I
		111th CONGRESS
		2d Session
		H. R. 5286
		IN THE HOUSE OF REPRESENTATIVES

			May 12, 2010
			Mr. Boswell
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  credit against tax for qualified tuition and related expenses.

		1.Short titleThis Act may be cited as the
			 Universal College Credit Act.
		2.Universal college
			 credit
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by inserting after section 25D the
			 following new section:

					25E.Universal
				college credit
						(a)Allowance of
				creditIn the case of an individual for whom an election is in
				effect under this section for a taxable year, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the qualified tuition and related expenses paid by the taxpayer during
				the taxable year.
						(b)Dollar
				limitationThe amount allowed as a credit under subsection (a)
				with respect to each individual for whom qualified tuition and related expenses
				are paid by the taxpayer during the taxable year shall not exceed
				$5,000.
						(c)Credit allowed
				only for 4 years of undergraduate education and 6 years of graduate
				educationAn election to have
				this section apply with respect to any individual for whom qualified tuition
				and related expenses are paid by the taxpayer during the taxable year may not
				be made for any taxable year if such an election (by the taxpayer or any other
				individual) is in effect with respect to—
							(1)the undergraduate
				education expenses of such individual for any 4 prior taxable years, or
							(2)the graduate
				education expenses of such individual for any 6 prior taxable years.
							(d)Denial of double
				benefitNo credit shall be allowed under this section with
				respect to the qualified tuition and related expenses of any individual if a
				credit or deduction is allowed under any other provision of this chapter with
				respect to such expenses.
						(e)Definitions and
				special rulesFor purposes of this section—
							(1)Qualified
				tuition and related expenses
								(A)In
				generalThe term qualified tuition and related
				expenses means tuition and fees required for the enrollment or
				attendance of—
									(i)the
				taxpayer,
									(ii)the taxpayer’s
				spouse, or
									(iii)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)Exception for
				education involving sports, etcSuch term does not include
				expenses with respect to any course or other education involving sports, games,
				or hobbies, unless such course or other education is part of the individual's
				degree program.
								(C)Exception for
				nonacademic feesSuch term does not include student activity
				fees, athletic fees, insurance expenses, or other expenses unrelated to an
				individual's academic course of instruction.
								(D)Adjustment for
				scholarships and section 529 distributionsThe amount of
				qualified tuition and related expenses otherwise taken into account under
				subsection (a) with respect to an individual for the taxable year shall be
				reduced—
									(i)as
				provided in section 25A(g)(2), and
									(ii)by the amount of such expenses which are
				taken into account in determining the exclusions under sections 529(c)(3)(B)
				and 530(d)(2).
									(2)Eligible
				educational institutionThe term eligible educational
				institution means an institution—
								(A)which is described
				in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in
				effect on the date of the enactment of this section, and
								(B)which is eligible
				to participate in a program under title IV of such Act.
								(3)Undergraduate
				education expensesThe term undergraduate education
				expenses means the qualified tuition and related expenses paid by the
				taxpayer during a taxable year for an individual enrolled in an undergraduate
				course of study during such taxable year.
							(4)Graduate
				education expensesThe term graduate education
				expenses means the qualified tuition and related expenses paid by the
				taxpayer during a taxable year for an individual enrolled in a graduate or
				professional course of study during such taxable year.
							(5)Adjustment for
				certain scholarships, etcThe
				amount of qualified tuition and related expenses otherwise taken into account
				under subsection (a) with respect to an individual for an academic period shall
				be reduced by the sum of any amounts paid for the benefit of such individual
				which are allocable to such period as—
								(A)a qualified
				scholarship which is excludable from gross income under section 117,
								(B)an educational
				assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United
				States Code, or under chapter 1606 of title 10, United States Code, and
								(C)a payment (other
				than a gift, bequest, devise, or inheritance within the meaning of section
				102(a) for such individual’s educational expenses, or attributable to such
				individual’s enrollment at an eligible educational institution, which is
				excludable from gross income under any law of the United States.
								(f)Election not To
				have section applyA taxpayer may elect to have this section not
				apply with respect to an individual for any taxable
				year.
						.
			(b)Coordination
			 with exclusion for income from United States savings bonds used To pay higher
			 education tuition and feesSubparagraph (A) of section 135(d)(2)
			 of such Code is amended by inserting or 25E after section
			 25A.
			(c)Clerical
			 amendmentThe table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 25D the following new
			 item:

						Sec. 25E. Universal college
				credit.

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years ending after the date of the enactment of this Act.


114 HR 281 IH: Every Child is a Blessing Act of 2014
U.S. House of Representatives
2015-01-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 281
		IN THE HOUSE OF REPRESENTATIVES

			January 12, 2015
			Mr. Palazzo (for himself, Mr. Harper, Mr. Conaway, Mr. Pittenger, Mr. Olson, Mr. Jones, Mr. Franks of Arizona, Mr. Marino, Mr. Pompeo, Mr. Pitts, and Mr. Rothfus) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To prohibit recovery of damages in certain wrongful birth and wrongful life civil actions, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Every Child is a Blessing Act of 2014. 2.Prohibition of recovery in certain wrongful life and wrongful birth civil actions (a)General ruleExcept as otherwise provided in this section, a person may not recover damages in any designated civil action (as defined in subsection (d)) based on a claim that, but for the conduct of the defendant, a child, once conceived, would not or should not have been born.
 (b)Application to certain claimsSubsection (a) applies, among others, to a claim based in whole or in part on disability, defect, abnormality, race, sex, or other inborn characteristic of the child.
 (c)Rule of constructionSubsection (a) shall not be construed— (1)to provide a defense against charges of intentional misrepresentation in any proceeding under State law regulating the professional practices of health care providers and practitioners;
 (2)to provide a defense in any criminal action, including cases of rape or incest; or (3)to limit the recovery of damages in cases where the conduct of the defendant caused personal injury or death to the child or gestational mother.
 (d)DefinitionsIn this section— (1)the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and
 (2)the term designated civil action means a civil action, in Federal or State court— (A)arising under Federal law; or
 (B)based on a claim involving health care services affecting interstate or foreign commerce.