116 S1592 IS: Cooperate with Law Enforcement Agencies and Watch Act of 2019
U.S. Senate
2019-05-22
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.

II116th CONGRESS1st SessionS. 1592IN THE SENATE OF THE UNITED STATESMay 22, 2019Mr. Cotton (for himself and Mr. Jones) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend title 31, United States Code, to provide a safe harbor for financial institutions that
			 maintain a customer account or customer transaction at the request of a
 Federal or State law enforcement agency, and for other purposes.1.Short titleThis Act may be cited as the Cooperate with Law Enforcement Agencies and Watch Act of 2019.2.Safe harbor with respect to keep open letters(a)In general(1)Amendment to title 31Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:5333.Safe harbor with respect to keep open letters(a)In generalWith respect to a customer account or customer transaction of a financial institution, if a Federal, State, Tribal, or local law enforcement agency requests, in writing, the financial institution to keep that account or transaction open—(1)the financial institution shall not be liable under this subchapter for maintaining that account or transaction consistent with the parameters of the request; and(2)no Federal or State department or agency may take any adverse supervisory action under this subchapter with respect to the financial institution for maintaining that account or transaction consistent with the parameters of the request.(b)Rule of constructionNothing in this section may be construed—(1)from preventing a Federal or State department or agency from verifying the validity of a written request described in subsection (a) with the Federal, State, Tribal, or local law enforcement agency making that written request; or(2)to relieve a financial institution from complying with any reporting requirements, including the reporting of suspicious transactions under section 5318(g).(c)Letter termination dateFor the purposes of this section, any written request described in subsection (a) shall include a termination date after which that request shall no longer apply..(2)Amendment to Public Law 91–508Chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951 et seq.) is amended by adding at the end the following:130.Safe harbor with respect to keep open letters(a)DefinitionIn this section, the term financial institution has the meaning given the term in section 123(b).(b)Safe harborWith respect to a customer account or customer transaction of a financial institution, if a Federal, State, Tribal, or local law enforcement agency requests, in writing, the financial institution to keep that account or transaction open—(1)the financial institution shall not be liable under this chapter for maintaining that account or transaction consistent with the parameters of the request; and(2)no Federal or State department or agency may take any adverse supervisory action under this chapter with respect to the financial institution for maintaining that account or transaction consistent with the parameters of the request.(c)Rule of constructionNothing in this section may be construed—(1)from preventing a Federal or State department or agency from verifying the validity of a written request described in subsection (b) with the Federal, State, Tribal, or local law enforcement agency making that written request; or(2)to relieve a financial institution from complying with any reporting requirements, including the reporting of suspicious transactions under section 5318(g) of title 31, United States Code.(d)Letter termination dateFor the purposes of this section, any written request described in subsection (b) shall include a termination date after which that request shall no longer apply..(b)Clerical amendments(1)Title 31The table of contents for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following:5333. Safe harbor with respect to keep open letters..(2)Public Law 91–508The table of contents for chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951 et seq.) is amended by adding at the end the following:130. Safe harbor with respect to keep open letters..3.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.


114 HR 4175 IH: Groundwater Conservation Incentive Act of 2015
U.S. House of Representatives
2015-12-03
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. 4175
IN THE HOUSE OF REPRESENTATIVES

December 3, 2015
Mr. Crawford 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 deduction for conservation expenditures to reduce groundwater consumption.

1.Short titleThis Act may be cited as the Groundwater Conservation Incentive Act of 2015. 2.Reduction in groundwater consumption (a)In generalSection 175 of the Internal Revenue Code of 1986 is amended by inserting or for the reduction of groundwater consumption, after land used in farming, both places it occurs in subsections (a) and (c)(1).
(b)ExpendituresSection 175(c)(1) of such Code is amended— (1)by striking and ponds, in the first sentence and inserting reservoirs, impoundments, ponds, tail-water recovery systems and other water retention or water control structures,, and
(2)by striking Such term shall include expenditures paid or incurred for the purpose of in the second sentence and inserting Such term shall include expenditures paid or incurred for the reduction of ground water use and the conversion from ground water use to surface water use. Such term shall also include expenditures paid or incurred for the purpose of. (c)Limitation relating to conservation planSection 175(c)(3)(A) of such Code is amended—
(1)in the matter preceding paragraph (1) by striking soil conservation plan and inserting soil or water conservation plan or practice, (2)in clause (i)—
(A)by striking the plan and all that follows through Agriculture or the and inserting a plan (if any) approved by the Natural Resources Conservation Service of the Department of Agriculture or a, and (B)by inserting taxpayer’s before land,
(3)by amending clause (ii) to read as follows:  (ii)a soil or water conservation plan of a comparable State or local agency, or, and
(4)by striking or at the end of clause (i) and inserting after clause (ii) the following:  (iii)any conservation practice approved in the Field Office Technical Guide of the Natural Resources Conservation Service for the State in which the taxpayer’s land is located if the purpose for such practice is consistent with one of the purposes identified in subsection (a)..
(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


117 HR 1458 IH: Unemployment Insurance Technology Modernization Act of 2021
U.S. House of Representatives
2021-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1458IN THE HOUSE OF REPRESENTATIVESMarch 1, 2021Mr. Horsford (for himself, Mr. Beyer, Mr. Bishop of Georgia, Ms. Bonamici, Ms. Bourdeaux, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Mr. Evans, Mr. Garamendi, Mr. Hastings, Mr. Keating, Mrs. Lee of Nevada, Mr. Lieu, Ms. Norton, Ms. Sewell, Ms. Titus, Mrs. Watson Coleman, and Ms. Williams of Georgia) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo modernize the technology for delivering unemployment compensation, and for other purposes.1.Short titleThis Act may be cited as the Unemployment Insurance Technology Modernization Act of 2021.2.Modernization of technology for delivering unemployment compensation(a)Establishment(1)In generalNot later than 2 years after the date of enactment of this section, the Secretary shall develop, operate, and maintain a modular set of technology capabilities to modernize the delivery of unemployment compensation (in this section referred to as the technology capabilities).(2)PurposesThe purposes of developing the technology capabilities are the following:(A)For such capabilities to be utilized for any Federal administrative function associated with the provision of unemployment compensation.(B)To provide States with modular, open system technology capabilities and shared services to administer their unemployment compensation programs.(3)ConsultationIn developing, operating, and maintaining the technology capabilities under paragraph (1), the Secretary shall—(A)coordinate with the Administrator; and(B)consult, design, and conduct usability testing with—(i)current and former claimants;(ii)employers that participate in unemployment compensation programs;(iii)employees of State workforce agencies;(iv)experts in technology and user experience;(v)Federal administrators of unemployment compensation;(vi)any other potential user of the technology capabilities; and(vii)subject matter experts as deemed appropriate by the Secretary.(b)Requirements(1)In generalThe technology capabilities shall—(A)incorporate a modular open systems approach and include modular components for each function necessary to administer an unemployment compensation program, including—(i)receiving, processing, and paying claims for unemployment compensation, including disaster benefits;(ii)online claim filing;(iii)the determination of claimant eligibility;(iv)the collection of unemployment taxes;(v)the submission of employer wage records;(vi)the appeals and adjudication processes for claimants and employers;(vii)sharing relevant data among States and the Secretary; and(viii)any other functionality that addresses the issues and goals identified during the pre-development study described in subsection (c)(1);(B)comply with best practices and standards for privacy and cybersecurity, including digital identity proofing services, identified in consultation with the Director of the National Institute of Standards and Technology (NIST) and the Director of the Cybersecurity and Infrastructure Security Agency (CISA);(C)prioritize end-to-end user experience for claimants, employers, and administrators of unemployment compensation programs;(D)include centralized Federal technology capabilities that allow for the storage, exposure, and exchange of data required by States to administer their unemployment compensation programs (with the respective States retaining possession of such data without regard to the storage, exposure, or exchange of such data in the Federal technology capabilities);(E)provide States with the option to use only some of the modular components of the Federal technology capabilities while continuing to utilize State technology capabilities to store any data required to administer their unemployment compensation program in a State database, provided that the State database meets any guidelines established by the Secretary that enable machine-to-machine interfaces to facilitate communication among States and between such State and the Federal Government;(F)allow States to easily adapt the modular components of the Federal technology capabilities to meet the requirements of their unique unemployment compensation programs;(G)ensure the timely and accurate payment of benefits, including measures to minimize susceptibility to attacks by organized criminal networks seeking to defraud State or Federal unemployment compensation programs; and(H)to the extent practicable, be made available (along with any associated data produced under this section) to support other interagency and intergovernmental activities as appropriate.(2)Accessibility requirements for online claim filingWith respect to the online claim filing component described in paragraph (1)(A)(ii), such component shall—(A)ensure that the process of filing initial and continuing claims for unemployment compensation can be readily understood and accomplished by the vast majority of claimants, including individuals with limited English proficiency, individuals with disabilities (in compliance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)), older individuals, and individuals with literacy challenges;(B)be available in any language spoken by more than 1 percent of the national population or any State’s population (with such translations completed by human translators rather than translation software) and comply with the requirements of the Plain Writing Act of 2010 (5 U.S.C. 301 note);(C)be accessible and optimized for all commonly used desktop computers, tablets, and mobile devices and operating systems such that any features of the online claim filing component (such as the ability to upload documentation) that are available in the desktop version of the online claim filing component are also available in the tablet and mobile versions;(D)allow for electronic submission of documentation required to support a claim, including the ability of claimants to scan or photograph and submit documentation using a tablet or mobile device; (E)be available 24 hours a day, 7 days a week, with the exception of scheduled and emergency maintenance that the State conducts, to the extent practicable, at nonpeak hours;(F)provide self-service account recovery that can be completed online; and(G)deploy multiple methods of communication with claimants, such as short message service (SMS) message, email, postal mail, live chat, or chatbots.(3)Requirements regarding high-risk automated decision systems(A)In generalThe technology capabilities shall not rely solely on a high-risk automated decision system to deny a claim for unemployment compensation, reduce the amount of unemployment compensation for which a claimant is eligible, or deny the right of a claimant to appeal an unemployment compensation decision.(B)Partial reliance(i)In generalIf any of the technology capabilities rely on a high-risk automated decision system to determine that a claimant is ineligible for unemployment compensation, to reduce the amount of unemployment compensation for which a claimant is eligible, or to deny the right of a claimant to appeal an unemployment compensation decision, the Secretary shall—(I)require that an employee of a State workforce agency review the determination before—(aa)the claim for unemployment compensation of such claimant may be denied;(bb)the amount of unemployment compensation for which such claimant is eligible may be reduced; or(cc)the right of such claimant to appeal an unemployment compensation decision may be denied;(II)consult with experts in the Federal Government (including the Director of the National Institute of Standards and Technology and the Director of the National Science Foundation), regarding the potential benefits and risks of partial reliance on a high-risk automated decision system;(III)prior to utilizing such part of the technology capabilities that relies on a high-risk automated decision system—(aa)establish clear methods to measure the accuracy of such part of the technology capabilities; and(bb)ensure that such part of the technology capabilities minimizes the occurrence of biased results based on race, gender, ethnicity, disability status, income, occupation, or other personal characteristics as determined by the Secretary, and prevents any increase in such bias;(IV)develop algorithmic impact assessments, incorporating public feedback and expert agency review, to proactively assess the necessity of additional formal policies and safeguards to mitigate risks; and(V)establish transparency requirements that include an annual public disclosure of any use of a high-risk automated decision system, a plain language explanation of the decision making structure of such high-risk automated decision system, and the details regarding such use and related outcomes.(ii)TrainingThe Secretary shall establish best practices for training any relevant employee of the Department or a State workforce agency to reduce the impact of automation bias.(C)MonitoringThe Secretary shall continuously monitor claim determinations that rely, in part, on the use of a high-risk automated decision system to ensure that biased results based on the characteristics described in subparagraph (B)(i)(III)(bb) do not occur.(c)Pre-Development study and report(1)StudyPrior to the development of the technology capabilities under subsection (a) or the procurement of such technology capabilities under subsection (g), the Secretary, in coordination with the Administrator, shall conduct a study assessing the technology needs of Federal and State unemployment compensation programs. Such study shall consider the following:(A)The Federal and State capabilities that need to be upgraded or replaced to ensure the smooth administration of their respective unemployment compensation programs.(B)How to design and develop a federally maintained system that serves the needs of both the Federal Government and each of the State unemployment compensation programs.(C)The features necessary to effectively respond to rapid changes in volume in times of emergency, including features that enable easy adaptation of, and updates to, such technology capabilities in order to implement new rules or benefits.(D)The features necessary to ensure the technology capabilities have the capacity to handle an increased number of claims during periods of high unemployment.(E)How the technology capabilities can prioritize claimant experience and ensure accessibility, including by soliciting feedback from claimants and claimant representatives during the development process.(F)How the technology capabilities can ensure effective and equitable benefit delivery, including the following:(i)The standardization of data collection and reporting across States to facilitate administration and interoperability.(ii)The features that will facilitate accurate and timely delivery of benefits and reduce the time from successful unemployment compensation claim to benefit delivery.(iii)The features that will help to identify and prevent organized fraud schemes without causing unreasonable delays for legitimate claimants or penalizing mistakes.(iv)The appropriate level of ongoing audit and analysis needed to evaluate the effectiveness and equitability of benefit delivery.(v)How privacy-protective data exposure and exchange between government entities and privacy-protective public reporting could be utilized to improve and ensure effective and equitable benefit delivery.(G)How the technology capabilities can improve the employer experience, including tax payment, the submission of wage information, and the verification of claim information.(H)How the technology capabilities can improve processes for employees of State workforce agencies.(I)The information security measures necessary to protect claimants' personal data while enabling auditing and research, including recommendations for privacy-protective technologies, such as secure multi-party computation, that can enable such auditing and research in a manner that does not involve sharing data on individual claimants.(J)How the technology capabilities can improve data sharing among States and the Federal Government with respect to recipiency, benefit levels, timeliness, and accuracy.(K)How the technology capabilities can minimize disparities in unemployment compensation recipiency by race, gender, ethnicity, disability status, income, or occupation, and prevent any increase in such disparities.(L)Potential approaches for development or procurement of the technology capabilities, including, for each approach presented, range estimates for development, implementation, and operational costs, and range estimates of capability delivery schedules.(2)ReportNot later than 4 months after the date of enactment of this section, the Secretary, in coordination with the Administrator, shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with the Department's strategy for development and procurement of the technology capabilities, including any recommendations for such legislation and administrative action as the Secretary determines appropriate.(d)Digital Services Team(1)EstablishmentThe Secretary, in coordination with the Administrator, shall establish in the Department a Digital Services Team (in this section referred to as the Team).(2)MembershipThe Team shall include—(A)technology experts;(B)user experience experts;(C)an experienced technical team leader with experience in human-centered design and modern software development practices; and(D)any other member deemed appropriate by the Secretary.(3)DutiesThe Team shall carry out the following duties:(A)Assist the Secretary in the development, operation, and maintenance of the technology capabilities under subsection (a).(B)After the development and deployment of the technology capabilities under subsection (a) is complete, assist the Secretary in operating and overseeing the maintenance and continued improvement of the technology capabilities, including by providing technological assistance—(i)to State workforce agencies; and(ii)to States seeking to adapt their State databases to interface with the federally provided modular and open systems technology capabilities described in subsection (b)(1)(E).(C)Ensure the Department has sufficient in-house technical expertise and procurement support.(D)Assist the Department with technology needs.(E)Engage in such other activities deemed appropriate by the Secretary.(4)Staff and resourcesThe Secretary shall ensure that the Team has such staff, resources, and access to information as may be necessary to carry out the duties of the Team.(5)Digital Services Team FundingOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $5,000,000 to carry out this subsection. Amounts appropriated under the preceding sentence shall remain available until expended.(e)Pilot programPrior to the deployment of the technology capabilities to all States, the Secretary shall select not fewer than 4 States to participate in a pilot program to test the technology capabilities and demonstrate that such technology capabilities meet the requirements and end-to-end user experience needs established by this Act, including those identified in the pre-development study described in subsection (c)(1).(f)Data sharingTo enable the storage, exposure, and exchange of data required by States to administer their unemployment compensation programs, the Secretary shall—(1)establish Computer Matching Agreements in accordance with the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note) to obtain information necessary to verify a claimant's eligibility for unemployment compensation;(2)determine appropriate aggregate data to share on a regular basis with the public through the Data.gov internet website pursuant to the Foundations for Evidence-Based Policy Making Act of 2018 (5 U.S.C. 101 note);(3)establish appropriate controls and monitoring to make available only the data necessary for States to administer their unemployment compensation programs; and(4)establish a data retention policy for retaining or archiving historical unemployment compensation program data as deemed appropriate.(g)Procurement and contracts with private vendorsIf the Secretary contracts with a private vendor to procure or develop or assist with the development of the technology capabilities under subsection (a), the Secretary shall—(1)ensure that any agreement with such private vendor stipulates that the resulting technology capabilities and associated research, applications, automated processes, and associated metadata shall be the proprietary information of the Federal Government;(2)follow best practices for Government IT procurement to de-risk projects; and(3)provide funding based on program outcomes rather than volume.(h)Oversight(1)OversightDuring and after the development of the technology capabilities under subsection (a), the Secretary shall—(A)respond to requests from Congress for updates on the development of the technology capabilities; and(B)participate in oversight hearings and demonstrations of the technology capabilities as requested by Congress.(2)Publicly available statusNot later than 6 months after the date of enactment of this section, the Secretary shall establish and maintain publicly available content, available on the internet website of the Department, that provides the status of—(A)the technology capabilities being developed under this section;(B)the metrics of success for such development;(C)the results from piloting and testing of such technology capabilities; and(D)deployment of such technology capabilities in each of the States and the Federal Government.(i)Technology Capabilities Modernization FundingOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $500,000,000 to carry out this section (other than subsection (d)). Amounts appropriated under the preceding sentence shall remain available until expended.(j)DefinitionsIn this section:(1)AdministratorThe term Administrator means the Administrator of the United States Digital Service.(2)Automated decision systemThe term automated decision system means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that makes a decision or facilitates human decision making that impacts claimants.(3)Automation biasThe term automation bias means the tendency for humans to over-rely on the recommendation of an automated decision system, to place overconfidence in such recommendation based on perceived superiority to analog or human processes, or to ignore evidence that would indicate the automated decision system has made an error.(4)ClaimantThe term claimant means a claimant for unemployment compensation.(5)DepartmentThe term Department means the Department of Labor.(6)High-risk automated decision systemThe term high-risk automated decision system means an automated decision system that—(A)poses a significant risk—(i)to the privacy or security of personal information of claimants; or(ii)of resulting in or contributing to inaccurate, unfair, biased, or discriminatory decisions impacting claimants;(B)makes decisions, or facilitates human decision making, based on systematic evaluations of current and historical claimant data, including attempts to analyze or predict sensitive aspects of claimants' lives or characteristics or activities that may affect their eligibility for unemployment compensation, such as their reason for separation from employment, availability for work, work search activities, work performance, economic situation, health, personal preferences, interests, behavior, location, or movements, that—(i)alter legal rights of the claimants; or(ii)otherwise significantly impact the claimants;(C)involves the personal information of a significant number of claimants regarding race, color, national origin, political opinions, religion, trade union membership, genetic data, biometric data, health, gender, gender identity, sexuality, sexual orientation, disability status, criminal convictions, or arrests; or(D)meets any other criteria deemed appropriate by the Secretary.(7)Modular open systems approachThe term modular open systems approach means an integrated business and technical strategy that—(A)employs a modular design that uses system interfaces between a system platform and a system component, between system components, or between system platforms;(B)is subjected to verification to ensure system interfaces comply with, if available and suitable, widely supported and consensus-based standards; and(C)uses a system architecture that allows severable system platforms or components at the appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a system platform or component while yielding—(i)significant cost savings or avoidance;(ii)schedule reduction;(iii)opportunities for technical upgrades;(iv)increased interoperability; or(v)other benefits during the sustainment phase.(8)SecretaryThe term Secretary means the Secretary of Labor.(9)Secure multi-party computationThe term secure multi-party computation means a computerized system that enables different participating entities in possession of private sets of data to link and aggregate their data sets for the exclusive purpose of performing a finite number of pre-approved computations without transferring or otherwise revealing any private data to each other or anyone else.(10)StateThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.


110 HR 6140 IH: Protecting the Retirement of Our

U.S. House of Representatives
2008-05-22
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.

		I
		110th CONGRESS
		2d Session
		H. R. 6140
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2008
			Mr. Broun of Georgia
			 (for himself, Mr. Filner, and
			 Mr. Lamborn) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To delay any presumption of death in connection with the
		  kidnapping in Iraq or Afghanistan of a retired member of the Armed Forces to
		  ensure the continued payment of the member’s retired pay.

		1.Short titleThis Act may be cited as the
			 PROTECT Act or
			 Protecting the Retirement of Our
			 Troops by Ensuring Compensation is Timely Act.
		2.Presumption of death
			 for participants in Survivor Benefit Plan in missing status
			(a)Conditions on
			 presumptionIn the case of a
			 participant in the Survivor Benefit Plan who has been determined by the
			 Secretary of State to have been kidnapped in Iraq or Afghanistan on or after
			 October 7, 2001, the Secretary of a military department may not make a
			 determination under section 1450(l) of title 10, United States Code, that the
			 participant is missing, with the presumption of death, until the earlier
			 of—
				(1)a period of at least 7 years expires after
			 the date of the determination of the Secretary of State; or
				(2)the date on which
			 the participant is confirmed dead and a death certificate is delivered to the
			 next of kin of the participant.
				(b)Resumption of
			 retired pay; payment of back payIn the case of a participant in the
			 Survivor Benefit Plan described in subsection (a) who was presumed to be dead
			 before the date of the enactment of this Act under section 1450(l) of title 10,
			 United States Code, the Secretary of a military department concerned
			 shall—
				(1)resume payment of
			 any retired pay to which the participant is entitled to as a retired member of
			 the Armed Forces pending satisfaction of the conditions specified in subsection
			 (a); and
				(2)pay retired pay for
			 periods occurring before the date of the enactment of this Act for which
			 retired pay was not paid because of the presumption of death.


109 HRES 311 IH: Recognizing the importance of the decision of the Supreme Court, Griswold v. Connecticut, which 40 years ago held that married couples have a constitutional right to use contraceptives, thereby recognizing the legal right of women to control their fertility through birth control and providing for vast improvements in maternal and infant health and for significant reductions in the rate of unintended pregnancy, and for other purposes.
U.S. House of Representatives
2005-06-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. RES. 311
IN THE HOUSE OF REPRESENTATIVES

June 9, 2005
Ms. DeLauro (for herself, Mrs. Johnson of Connecticut, Mr. Shays, Mr. Larson of Connecticut, Mr. Simmons, Ms. Slaughter, Mrs. Biggert, Mrs. Capps, Mr. Waxman, Mr. Kolbe, Mr. Schiff, Mrs. Davis of California, Mr. Grijalva, Mr. Filner, Ms. Eshoo, Ms. Baldwin, Mrs. Maloney, Mr. Larsen of Washington, Ms. Watson, Ms. Zoe Lofgren of California, Mr. Al Green of Texas, Ms. Wasserman Schultz, Mr. Lantos, Mr. Owens, Ms. Jackson-Lee of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. McDermott, Mr. Towns, Ms. Schakowsky, Ms. Harman, Mr. Capuano, Ms. Carson, Mrs. McCarthy, Ms. Solis, Mr. George Miller of California, Mr. Stark, Mr. Brown of Ohio, Mr. Wexler, Mr. Farr, Ms. McCollum of Minnesota, Mr. Ackerman, Mr. Inslee, and Mr. Sanders) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION
Recognizing the importance of the decision of the Supreme Court, Griswold v. Connecticut, which 40 years ago held that married couples have a constitutional right to use contraceptives, thereby recognizing the legal right of women to control their fertility through birth control and providing for vast improvements in maternal and infant health and for significant reductions in the rate of unintended pregnancy, and for other purposes.

Whereas June 7, 2005, marks the 40th anniversary of the decision of the Supreme Court, Griswold v. Connecticut, in which the Court recognized the constitutional right of married couples to use contraception;
Whereas in Griswold v. Connecticut, the Court affirmed Americans' constitutional right to privacy and restrained the government's power to interfere in fundamentally private and personal activities like managing our health, family planning, and child bearing;
Whereas the decision paved the way for widespread use of birth control among American women;
Whereas the Centers for Disease Control and Prevention (CDC) recognized family planning in its published list of the Ten Great Public Health Achievements in the 20th Century;
Whereas contraceptives are basic health care for women, many of whom use birth control throughout their childbearing years, for health purposes and family planning;
Whereas birth control is a critical component of basic preventive health care for women and has been the driving force in reducing national rates of unintended pregnancy and the need for abortion;
Whereas the ability of women to control their fertility and avoid unintended pregnancy has led to dramatic declines in maternal and infant mortality rates and has improved maternal and infant health;
Whereas in 1965 there were 31.6 maternal deaths per 100,000 live births but in 2000 the rate declined to 9.8 such deaths per live births, and in 1965 24.7 infants under one year of age died per 1,000 live births but in 2003 the rate declined to 7 such deaths per live births;
Whereas publicly-funded family planning programs have increased the ability of women, regardless of economic status, to access birth control and experience the resulting health and economic benefits;
Whereas public investment in this most basic preventive health care is extremely cost effective, and for every dollar spent on publicly-funded family planning, $3 is saved in pregnancy-related and newborn care cost to the Medicaid program alone;
Whereas the Congress had repeatedly recognized the importance of women’s ability to access contraceptives through support for the Medicaid program, the program under title X of the Public Health Service Act, and the Federal Employee Health Benefits Program;
Whereas 40 years after Griswold, many women still face challenges in accessing birth control and using it effectively;
Whereas the United States has one of the highest rates of unintended pregnancy among Western nations, and each year half of the 6.3 million pregnancies in the Nation are unintended, with nearly half of those ending in abortion;
Whereas, although teen pregnancy rates have dramatically declined, 78 percent of teen pregnancies are unintended and more than one-third of teen girls will become pregnant before age 20; and
Whereas publicly-funded family planning clinics are the only source of health care for many uninsured and low-income women, and of the almost 17 million women who are in need of subsidized care, such clinics play a crucial role in serving 7 million of them, a number which grew by 400,000 alone between 2000 and 2002 due to a rising uninsured population: Now, therefore, be it

That—
(1) the House of Representatives recognizes the importance of the decision of the Supreme Court, Griswold v. Connecticut, which—
(A)40 years ago held that married couples have a constitutional right to use contraceptives—a right that the Court would extend to unmarried individuals within a decade;
(B)recognized the legal right of women to control their fertility through birth control;
(C)provided for vast improvements in maternal and infant health and significant reductions in the rate of unintended pregnancy; and
(D)allowed women the ability to achieve personal educational and professional goals critical to the economic success of the Nation; and
(2)it is the sense of the House of Representatives that the Congress should take further steps to ensure that all women have universal access to affordable contraception.


		III
		111th CONGRESS
		2d Session
		S. RES. 646
		IN THE SENATE OF THE UNITED STATES

			September 24, 2010
			Mr. Hatch (for himself,
			 Mr. Levin, Mr.
			 Bennett, Mr. Durbin,
			 Mr. Crapo, Mr.
			 Casey, Mr. Cochran, and
			 Mr. Leahy) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			September 28, 2010
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Designating Thursday, November 18, 2010, as
		  Feed America Day.

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

		That the Senate—
			(1)designates
			 Thursday, November 18, 2010, as Feed America Day; and
			(2)encourages the
			 people of the United States to sacrifice 2 meals on Thursday, November 18,
			 2010, and to donate the money that would have been spent on that food to the
			 religious or charitable organization of their choice for the purpose of feeding
			 the hungry.


		II
		110th CONGRESS
		1st Session
		S. 319
		IN THE SENATE OF THE UNITED
		  STATES

			January 17, 2007
			Mr. Salazar introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to reduce the incentive to purchase larger and luxury motor
		  vehicles.

		1.Short titleThis Act may be cited as the
			 Reducing the Incentives to Guzzle Gas
			 Act.
		2.Inclusion of heavy vehicles in limitation
			 on depreciation of certain luxury automobiles
			(a)In generalSection 280F(d)(5)(A) of the Internal
			 Revenue Code of 1986 (defining passenger automobile) is amended—
				(1)by striking clause (ii) and inserting the
			 following new clause:

						(ii)(I)which is rated at 6,000 pounds unloaded
				gross vehicle weight or less, or
							(II)which is rated at more than 6,000 pounds
				but not more than 14,000 pounds gross vehicle
				weight.
							,
				(2)by striking clause (ii) in
			 the second sentence and inserting clause (ii)(I).
				(b)Exception for vehicles used in farming
			 businessSection
			 280F(d)(5)(B) of such Code (relating to exception for certain vehicles) is
			 amended by striking and at the end of clause (ii), by
			 redesignating clause (iii) as clause (iv), and by inserting after clause (ii)
			 the following new clause:

					(iii)any vehicle used in a farming business (as
				defined in section 263A(e)(4),
				and
					.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act.
			3.Updated depreciation deduction
			 limits
			(a)In generalSubparagraph (A) of section 280F(a)(1) of
			 the Internal Revenue Code of 1986 (relating to limitation on amount of
			 depreciation for luxury automobiles) is amended to read as follows:

					(A)LimitationThe amount of the depreciation deduction
				for any taxable year shall not exceed for any passenger automobile—
						(i)for the 1st taxable year in the recovery
				period—
							(I)described in subsection (d)(5)(A)(ii)(I),
				$4,000,
							(II)described in the second sentence of
				subsection (d)(5)(A), $5,000, and
							(III)described in subsection (d)(5)(A)(ii)(II),
				$6,000,
							(ii)for the 2nd taxable year in the recovery
				period—
							(I)described in subsection (d)(5)(A)(ii)(I),
				$6,400,
							(II)described in the second sentence of
				subsection (d)(5)(A), $8,000, and
							(III)described in subsection (d)(5)(A)(ii)(II),
				$9,600,
							(iii)for the 3rd taxable year in the recovery
				period—
							(I)described in subsection (d)(5)(A)(ii)(I),
				$3,850,
							(II)described in the second sentence of
				subsection (d)(5)(A), $4,800, and
							(III)described in subsection (d)(5)(A)(ii)(II),
				$5,775, and
							(iv)for each succeeding taxable year in the
				recovery period—
							(I)described in subsection (d)(5)(A)(ii)(I),
				$2,325,
							(II)described in the second sentence of
				subsection (d)(5)(A), $2,900, and
							(III)described in subsection (d)(5)(A)(ii)(II),
				$3,475.
							.
			(b)Years after recovery periodSection 280F(a)(1)(B)(ii) of such Code is
			 amended to read as follows:

					(ii)LimitationThe amount treated as an expense under
				clause (i) for any taxable year shall not exceed for any passenger
				automobile—
						(I)described in subsection (d)(5)(A)(ii)(I),
				$2,325,
						(II)described in the second sentence of
				subsection (d)(5)(A), $2,900, and
						(III)described in subsection (d)(5)(A)(ii)(II),
				$3,475.
						.
			(c)Inflation adjustmentSection 280F(d)(7) of such Code (relating
			 to automobile price inflation adjustment) is amended—
				(1)by striking after 1988 in
			 subparagraph (A) and inserting after 2007, and
				(2)by striking subparagraph (B) and inserting
			 the following new subparagraph:

						(B)Automobile price inflation
				adjustmentFor purposes of
				this paragraph—
							(i)In generalThe automobile price inflation adjustment
				for any calendar year is the percentage (if any) by which—
								(I)the average wage index for the preceding
				calendar year, exceeds
								(II)the average wage index for 2006.
								(ii)Average wage indexThe term average wage index
				means the average wage index published by the Social Security
				Administration.
							.
				(d)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act.
			4.Expensing limitation for farm
			 vehicles
			(a)In generalParagraph (6) of section 179(b) of the
			 Internal Revenue Code of 1986 (relating to limitations) is amended to read as
			 follows:

					(6)Limitation on cost taken into account for
				farm vehiclesThe cost of any
				vehicle described in section 280F(d)(5)(B)(iii) for any taxable year which may
				be taken into account under this section shall not exceed
				$30,000.
					.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act.


115 S3623 IS: To prohibit the use of funds appropriated for the Department of Defense for aerial refueling of aircraft of the Kingdom of Saudi Arabia.
U.S. Senate
2018-11-14
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.

		II
		115th CONGRESS2d Session
		S. 3623
		IN THE SENATE OF THE UNITED STATES

			November 14, 2018
			Mr. Kaine introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To prohibit the use of funds appropriated for the Department of Defense for aerial refueling of
			 aircraft of the Kingdom of Saudi Arabia.

		1.Prohibition on use of funds appropriated for the Department of Defense for aerial refueling of
 aircraft of the Kingdom of Saudi ArabiaEffective as of the date of the enactment of this Act, no funds appropriated or otherwise made available for the Department of Defense for any fiscal year beginning before the date of the enactment of this Act may be obligated or expended for aerial refueling of aircraft owned or operated by the Kingdom of Saudi Arabia.


116 HR 8615 IH: Amputation Reduction and Compassion Act of 2020
U.S. House of Representatives
2020-10-16
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
116th CONGRESS2d Session
H. R. 8615
IN THE HOUSE OF REPRESENTATIVES

October 16, 2020
Mr. Payne (for himself, Mr. Rush, Mr. Gallego, Mr. Thompson of Mississippi, Ms. Johnson of Texas, and Ms. Blunt Rochester) 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 concerned

A BILL
To amend titles XVIII and XIX of the Social Security Act to provide for coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries under the Medicare and Medicaid programs without the imposition of cost-sharing requirements, to amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for such screening tests furnished to at-risk enrollees of group health plans and group or individual health insurance coverage without the imposition of cost-sharing requirements, and for other purposes.

1.Short title; findings
(a)Short titleThis Act may be cited as the Amputation Reduction and Compassion Act of 2020 or the ARC Act of 2020. (b)FindingsCongress makes the following findings:
(1)Atherosclerosis occurs when blood flow is reduced because arteries become narrowed or blocked with fatty deposits. (2)Atherosclerosis is responsible for more deaths in the United States than any other condition, and heart attacks, resulting from clogged coronary arteries, are the leading cause of death in America.
(3)Atherosclerosis also occurs in the legs and is known as peripheral artery disease (in this subsection referred to as PAD) and having PAD significantly increases the risk for heart attack, stroke, amputation, and death. (4)While most Americans are aware of atherosclerosis in the heart, many Americans have never heard of PAD and Americans with PAD are often unaware of the serious risks of the disease.
(5)An estimated 21 million Americans have PAD, and about 200,000 of them—disproportionately minorities—suffer avoidable amputations every year as a result of such disease. (6)According to the Dartmouth Atlas, amputation risks for African Americans living with diabetes are as much as four times higher than the national average.
(7)Data analyses have similarly found that Native Americans are more than twice as likely to be subjected to amputation and Hispanics are up to 75 percent more likely to have an amputation. (8)Fifty-two percent of patients with an above-the-knee amputation and 33 percent of patients with a below-the-knee amputation will die within two years of their amputation.
(9)Screening and arterial testing for PAD is cost-effective and should be part of routine medical care. (10)Once PAD is detected, amputations and deaths can be reduced through the use of national, evidence-based PAD care guidelines.
2.Peripheral artery disease education program Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section:  399V–7.Peripheral artery disease education program (a)EstablishmentThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services and the Administrator of the Health Resources and Services Administration, shall establish and coordinate a peripheral artery disease education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of peripheral artery disease and methods to reduce amputations related to such disease, particularly with respect to at-risk populations.
(b)Authorization of appropriationsThere is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.. 3.Medicare coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries without imposition of cost sharing requirements (a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
(1)in subsection (s)(2)— (A)in subparagraph (GG), by striking and at the end;
(B)in subparagraph (HH), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph:

(II)peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in subsection (kkk)).; and (2)by adding at the end the following new subsection:

(kkk)Peripheral artery disease screening test; At-Risk beneficiary
(1)The term peripheral artery disease screening test means— (A)noninvasive physiologic studies of extremity arteries (commonly referred to as ankle-brachial index testing);
(B)arterial duplex scans of lower extremity arteries vascular; and (C)such other items and services as the Secretary determines, in consultation with relevant stakeholders, to be appropriate for screening for peripheral artery disease for at-risk beneficiaries.
(2)The term at-risk beneficiary means an individual entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B— (A)who is 65 years of age or older;
(B)who is at least 50 years of age but not older than 64 years of age with risk factors for atherosclerosis (such as diabetes mellitus, a history of smoking, hyperlipidemia, and hypertension) or a family history of peripheral artery disease; (C)who is younger than 50 years of age with diabetes mellitus and one additional risk factor for atherosclerosis; or
(D)with a known atherosclerotic disease in another vascular bed such as coronary, carotid, subclavian, renal, or mesenteric artery stenosis, or abdominal aortic aneurysm. (3)The Secretary shall, in consultation with appropriate organizations, establish standards regarding the frequency for peripheral artery disease screening tests described in subsection (s)(2)(II) for purposes of coverage under this title..
(b)Inclusion of peripheral artery disease screening tests in initial preventive physical examinationSection 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended— (1)in subparagraph (N), by moving the margins of such subparagraph 2 ems to the left;
(2)by redesignating subparagraph (O) as subparagraph (P); and (3)by inserting after subparagraph (N) the following new subparagraph:

(O)Peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in subsection (kkk)).. (c)Payment (1)In generalSection 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended—
(A)in paragraph (1)— (i)in subparagraph (N), by inserting and other than peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(kkk)) after other than personalized prevention plan services (as defined in section 1861(hhh)(1));
(ii)by striking and before (DD); and (iii)by striking such service,; at the end and inserting the following: , and (EE) with respect to peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(kkk)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848; and
(B)in paragraph (2)— (i)in subparagraph (G), by striking and at the end;
(ii)in subparagraph (H), by striking the comma at the end and inserting ; and; and (iii)by inserting after subparagraph (H) the following new subparagraph:

(I)with respect to peripheral artery disease screening tests (as defined in paragraph (1) of section 1861(kkk)) furnished by an outpatient department of a hospital to at-risk beneficiaries (as defined in paragraph (2) of such section), the amount determined under paragraph (1)(EE),. (2)No deductibleSection 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended, in the first sentence—
(A)by striking and before (12); and (B)by inserting , and (13) such deductible shall not apply with respect to peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(kkk)) before the period at the end.
(3)Exclusion from prospective payment system for hospital outpatient department servicesSection 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is amended— (A)by striking , or personalized and inserting , personalized; and
(B)by inserting , or peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(kkk)) after personalized prevention plan services (as defined in section 1861(hhh)(1)). (4)Conforming amendmentSection 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by striking (2)(FF) (including administration of the health risk assessment) , and inserting (2)(FF) (including administration of the health risk assessment), (2)(II).
(d)Exclusion from coverage and Medicare as secondary payer for tests performed more frequently than allowedSection 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended— (1)in subparagraph (O), by striking and at the end;
(2)in subparagraph (P), by striking the semicolon at the end and inserting , and; and (3)by adding at the end the following new subparagraph:

(Q)in the case of peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1861(kkk)), which are performed more frequently than is covered under such section;. (e)Authority To modify or eliminate coverage of certain preventive servicesSection 1834(n) of the Social Security Act (42 U.S.C. 1395m(n)) is amended—
(1)by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively, and moving the margins of such clauses, as so redesignated, 2 ems to the right; (2)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margins of such subparagraphs, as so redesignated, 2 ems to the right;
(3)by striking Certain Preventive Services and all that follows through any other provision of this title and inserting: Certain Preventive Services.—
(1)In generalNotwithstanding any other provision of this title; and (4)by adding at the end the following new paragraph:

(2)InapplicabilityThe Secretarial authority described in paragraph (1) shall not apply with respect to preventive services described in section 1861(ww)(2)(O).. (f)Effective dateThe amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2022.
4.Medicaid coverage of peripheral artery disease screening tests furnished to at-risk beneficiaries without imposition of cost sharing requirements
(a)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1)in subsection (a)—
(A)in paragraph (29), by striking and at the end;  (B)by redesignating paragraph (30) as paragraph (31); and
(C)by inserting after paragraph (29) the following new paragraph:  (30)peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in subsection (gg)); and; and
(2)by adding at the end the following new subsection:  (gg)Peripheral artery disease screening test; At-Risk beneficiary (1)Peripheral artery disease screening testThe term peripheral artery disease screening test means—
(A)noninvasive physiologic studies of extremity arteries (commonly referred to as ankle-brachial index testing); (B)arterial duplex scans of lower extremity arteries vascular; and
(C)such other items and services as the Secretary determines, in consultation with relevant stakeholders, to be appropriate for screening for peripheral artery disease for at-risk beneficiaries. (2)At-risk beneficiaryThe term at-risk beneficiary means an individual enrolled under a State plan (or a waiver of such plan)—
(A)who is 65 years of age or older; (B)who is at least 50 years of age but not older than 64 years of age with risk factors for atherosclerosis (such as diabetes mellitus, a history of smoking, hyperlipidemia, and hypertension) or a family history of peripheral artery disease;
(C)who is younger than 50 years of age with diabetes mellitus and one additional risk factor for atherosclerosis; or (D)with a known atherosclerotic disease in another vascular bed such as coronary, carotid, subclavian, renal, or mesenteric artery stenosis, or abdominal aortic aneurysm.
(3)FrequencyThe Secretary shall, in consultation with appropriate organizations, establish standards regarding the frequency for peripheral artery disease screening tests described in subsection (a)(30) for purposes of coverage under a State plan under this title.. (b)No cost sharing (1)In generalSubsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended—
(A)in subparagraph (F), by striking or at the end; (B)in subparagraph (G), by striking ; and and inserting , or; and
(C)by adding at the end the following new subparagraph:  (H)peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1905(gg)); and.
(2)Application to alternative cost sharingSection 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause:  (xii)Peripheral artery disease screening tests furnished to at-risk beneficiaries (as such terms are defined in section 1905(gg))..
(c)Mandatory coverageSection 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended by striking and (29) and inserting (29), and (30).  (d)Conforming amendments (1)Section 1902(nn)(3) of the Social Security Act (42 U.S.C. 1396a(nn)(3)) is amended by striking following paragraph (30) and inserting following paragraph (31).
(2)Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking following paragraph (30) and inserting following paragraph (31).  5.Requirement for group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for peripheral artery disease screening tests furnished to at-risk enrollees without imposition of cost sharing requirements (a)In generalSubsection (a) of section 2713 of the Public Health Service Act (42 U.S.C. 300gg–13) is amended to read as follows:

(a)Coverage of preventive health services
(1)In generalA group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for and shall not impose any cost sharing requirements for— (A)evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force;
(B)immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C)with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration;
(D)with respect to women, such additional preventive care and screenings not described in subparagraph (A) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this subparagraph; and (E)with respect to at-risk enrollees, peripheral artery disease screening tests.
(2)Peripheral artery disease screening test; At-risk enrolleeFor purposes of paragraph (1)(E): (A)Peripheral artery disease screening testThe term peripheral artery disease screening test means—
(i)noninvasive physiologic studies of extremity arteries (commonly referred to as ankle-brachial index testing); (ii)arterial duplex scans of lower extremity arteries vascular; and
(iii)such other items and services as the Secretary determines, in consultation with relevant stakeholders, to be appropriate for screening for peripheral artery disease for at-risk enrollees. (B)At-risk enrolleeThe term at-risk enrollee means an individual enrolled in a group health plan or group or individual health insurance coverage—
(i)who is 65 years of age or older; (ii)who is at least 50 years of age but not older than 64 years of age with risk factors for atherosclerosis (such as diabetes mellitus, a history of smoking, hyperlipidemia, and hypertension) or a family history of peripheral artery disease;
(iii)who is younger than 50 years of age with diabetes mellitus and one additional risk factor for atherosclerosis; or (iv)with a known atherosclerotic disease in another vascular bed such as coronary, carotid, subclavian, renal, or mesenteric artery stenosis, or abdominal aortic aneurysm.
(C)FrequencyThe Secretary shall, in consultation with appropriate organizations, establish standards regarding the frequency for peripheral artery disease screening tests described in paragraph (1)(E) for purposes of coverage under this section. (3)Clarification regarding breast cancer screening, mammography, and prevention recommendationsFor the purposes of this Act, and for the purposes of any other provision of law, the current recommendations of the United States Preventive Service Task Force regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009.
(4)Rule of constructionNothing in this subsection shall be construed to prohibit a plan or issuer from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by such Task Force.. (b)Effective dateThe amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2022.
6.Disallowance of payment for nontraumatic amputation services furnished without anatomical testing servicesSection 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:  (x)Disallowance of payment for nontraumatic amputation services furnished without anatomical testing services (1)In generalIn the case of nontraumatic amputation services furnished by a supplier on or after January 1, 2022, to an individual entitled to, or enrolled for, benefits under part A and enrolled for benefits under this part, for which payment is made under this part, payment may only be made under this part if such supplier furnishes anatomical testing services to such individual during the 3-month period preceding the date on which such nontraumatic amputation services is furnished.
(2)DefinitionsIn this subsection: (A)Anatomical testing servicesThe term anatomical testing services means arterial duplex scanning, computed tomography angiography, and magnetic resonance angiography.
(B)Nontraumatic amputation servicesThe term nontraumatic amputation services means amputations as a result of atherosclerotic vascular disease or a related comorbity of such disease (including diabetes).. 7.Development and implementation of quality measures (a)DevelopmentThe Secretary of Health and Human Services (referred to in this section as the Secretary) shall, in consultation with relevant stakeholders, develop quality measures for nontraumatic, lower-limb, major amputation that utilize appropriate diagnostic screening (including peripheral artery disease screening) in order to encourage alternative treatments (including revascularization) in lieu of such an amputation.
(b)ImplementationAfter appropriate testing and validation of the measures developed under subsection (a), the Secretary shall incorporate such measures in quality reporting programs for appropriate providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including for purposes of— (1)the merit-based incentive payment system under section 1848(q) of such Act (42 U.S.C. 1395w–4(q));
(2)incentive payments for participation in eligible alternative payment models under section 1833(z) of such Act (42 U.S.C. 1395l(z)); (3)the shared savings program under section 1899 of such Act (42 U.S.C. 1395jjj);
(4)models under section 1115A of such Act (42 U.S.C. 1315a); and (5)such other payment systems or models as the Secretary may specify.


116 S4755 IS: Prohibit Auto Insurance Discrimination Act
U.S. Senate
2020-09-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4755IN THE SENATE OF THE UNITED STATESSeptember 29, 2020Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo prohibit private passenger automobile insurers from using certain income proxies to determine insurance rates and eligibility.1.Short titleThis Act may be cited as the Prohibit Auto Insurance Discrimination Act.2.FindingsCongress finds the following:(1)Private passenger automobile insurance companies are institutions which help spread risk of loss over a collective group of policyholders.(2)Private passenger automobile insurance is mandated in all States but New Hampshire. Legal penalties for operating a vehicle without liability insurance in these States range from fines, to license suspensions or revocations, to imprisonment.(3)The private passenger automobile insurance industry uses different variables to predict the overall costs and risks of drivers. The analysis and use of these variables ultimately help the automobile insurer set premium rates charged to consumers which the automobile insurer determines to be actuarially supported.(4)A pure loss ratio, a measurement of profitability in insurance, is defined as losses divided by premiums. Statistical correlations between certain variables and pure loss ratios should be interpreted to mean that the selected variable relates to profitability, but not necessarily to the risk that an individual will get into an automobile accident.(5)A growing trend in the private passenger automobile insurance industry is to use income proxies for underwriting and rating. The use of income proxies such as a driver’s education level, occupation, employment status, home ownership status, credit score, consumer report, previous insurer, and prior purchase of insurance by the industry as variables that significantly influence the insurance premiums charged to drivers has become commonplace. Use of these income proxies in this fashion results in higher rates being charged to lower income drivers while lower rates are being charged to the more affluent driver.(6)The American public is largely unaware that a person’s education level, occupation, employment status, home ownership status, credit score, consumer report, zip code, census tract, previous insurer, and prior purchase of insurance may be significant factors used to determine eligibility for preferred auto insurance rates regardless of the person’s driving history. As a result of the individual’s ineligibility for preferred rates, the driver’s policy and rate will be only offered from an affiliate company that has higher rates.3.Requirements for private passenger automobile insurers(a)Use of certain factors and income proxies prohibitedIt shall be unlawful for a private passenger automobile insurer, or any of its affiliate insurers, to take into consideration any of the factors described in subsection (b) relating to a consumer in determining that consumer’s eligibility for automobile insurance or in calculating the rate for that consumer.(b)FactorsThe factors referred to in subsection (a) are—(1)gender;(2)level of education;(3)occupation;(4)employment status;(5)home ownership status;(6)zip code or adjacent zip codes;(7)census tract;(8)marital status;(9)credit score or credit-based insurance score;(10)consumer report;(11)previous insurer; or(12)prior purchase of insurance of a consumer from that automobile insurer.(c)Public availability of informationAll underwriting rules and rate filings for use by any private passenger automobile insurer shall be available for public inspection and may not be considered proprietary trade secret information.(d)Reasonable procedures To assure complianceNo person shall be held liable for any violation of this Act if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to assure compliance with the provisions of this Act.(e)Rules of construction(1)Factors and methods influencing premiumsFor the purposes of this Act, a violation of subsection (a) shall be considered to have occurred whenever the consideration of any of the factors described in subsection (b) prevents the consumer from obtaining insurance at the lowest rate available to the consumer from a private passenger automobile insurer or any of its affiliates. Actions considered a violation of such subsection include the usage or consideration of any such factor resulting in—(A)the determination of a consumer’s eligibility for automobile insurance or the calculation of the rate for that consumer;(B)an action which prevents a consumer from receiving certain rebates or discounts;(C)an action which prevents a consumer from obtaining insurance from an automobile insurer or any of its affiliate companies;(D)a denial, cancellation, non-renewal, or change in policy or coverage terms; or(E)any other impact on a consumer’s premium for insurance.(2)Authority of Federal and State agenciesNothing in this Act is intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a credit or insurance transaction that is not initiated by the consumer.4.Enforcement(a)Enforcement by Federal Trade Commission(1)Unfair or deceptive acts or practicesA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2)Powers of CommissionThe Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.(3)Amount of penaltyNotwithstanding the penalties set forth in section 18 of such Act, a person who violates this Act shall be liable for a civil penalty of not less than $2,500 per violation.(4)RegulationsThe Federal Trade Commission shall prescribe, in accordance with section 553 of title 5, United States Code, such regulations as are necessary to carry out the purposes of this Act, including regulations as may be necessary or appropriate to administer and carry out the purposes and objectives of this Act, and to prevent evasions thereof or to facilitate compliance therewith.(b)Actions by consumers(1)Willful violationsAny private passenger automobile insurer who willfully violates this Act with respect to any consumer is liable to that consumer in an amount equal to the sum of—(A)any actual damages sustained by the consumer as a result of the failure;(B)such amount of punitive damages as the court may allow; and(C)in the case of any successful action to enforce any liability under this paragraph, the costs of the action together with reasonable attorneys’ fees as determined by the court.(2)Negligent violationsAny private passenger automobile insurer who is negligent in failing to comply with any requirement imposed under this Act with respect to any consumer is liable to that consumer in an amount equal to the sum of—(A)any actual damages sustained by the consumer as a result of the failure; and(B)in the case of any successful action to enforce any liability under this paragraph, the costs of the action together with reasonable attorneys’ fees as determined by the court.(3)Attorneys’ feesUpon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this subsection was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.(4)Jurisdiction of courts; limitation of actionsAn action to enforce any liability created under this subsection may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of—(A)2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or(B)5 years after the date on which the violation that is the basis for such liability occurs.(c)Actions by States(1)In generalIn any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to—(A)enjoin such act or practice;(B)enforce compliance with this Act;(C)obtain damages, restitution, or other compensation on behalf of residents of the State; or(D)obtain such other legal and equitable relief as the court may consider to be appropriate.(2)NoticeBefore filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action.(3)Authority of Federal Trade CommissionOn receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right—(A)to intervene in the action;(B)upon so intervening, to be heard on all matters arising therein; and(C)to file petitions for appeal.(4)Rule of constructionFor purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.5.Relation to State lawThis Act does not annul, alter, affect, or exempt any person subject to the provisions of this Act from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, the prevention or mitigation of identity theft, or the regulation of the business of insurance, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency.6.DefinitionsFor the purposes of this Act, the following definitions apply:(1)AffiliateThe term affiliate means an entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another entity. For purposes of this paragraph, the term control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the entity, whether—(A)through the ownership of voting securities;(B)by contract other than a commercial contract for goods or non-management services;(C)by contract for goods or non-management services where the volume of activity results in a reliance relationship; or(D)by common management.Control shall be presumed to exist if an entity and its affiliates directly or indirectly own, control, hold with the power to vote, or hold proxies representing 10 percent or more of the voting interests of an entity.(2)Automobile insurerThe term automobile insurer means an insurer authorized to transact or transacting automobile insurance, motor vehicle insurance, automobile or motor vehicle liability insurance, or any similar insurance business in the United States.(3)Census tractThe term census tract means any small, relatively permanent statistical subdivision of a county, as used by the United States Census Bureau.(4)Consumer reportThe term consumer report has the meaning given such term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), except that such term does not include any communication to the extent such communication relates to the driving history or place of residence of a consumer.(5)Credit-based insurance scoreThe term credit-based insurance score means a rating based in whole or in part on a consumer's credit information used in underwriting and rating of consumers that takes into account certain elements of an individual’s credit history to predict how likely such individual is to have an insurance loss.(6)Credit scoreThe term credit score has the meaning given such term in section 609(f)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681g(f)(2)).(7)Employment statusThe term employment status means a consumer’s status as a current full-time employee, part-time employee, employed, unemployed, underemployed, or any other such designation which indicates a consumer’s work status.(8)Home ownership statusThe term home ownership status refers to whether a consumer currently owns any real property which may be used as a residence.(9)Level of educationThe term level of education refers to the highest grade level completed in a secondary school or trade school, a professional licensure or certification, or the highest undergraduate or graduate college degree obtained. Such term does not include the completion of a traffic safety course or scholastic achievement while enrolled in a school, college, or university.(10)OccupationThe term occupation means a consumer’s current lawful employment position in a career or identifiable trade category.(11)Private passenger automobileThe term private passenger automobile means a 4-wheel motor vehicle, whether owned or leased to an individual or individuals, and that is of a private passenger or station wagon type, or that is a motor vehicle with a pickup body, a delivery sedan, a passenger van, a sports utility vehicle, or a panel truck or a camper type vehicle, and that—(A)is not used as a public or livery conveyance for passengers;(B)is not rented to others;(C)has a gross vehicle weight of less than 15,000 pounds; and(D)is not primarily used in the course of an occupation, profession, or business of a person other than farming or ranching.Such term includes a motor vehicle owned by a farm family co-partnership or farm family
			 corporation, which is principally garaged on a farm or ranch and otherwise
 meets the definition contained in this paragraph.7.Effective dateThis Act shall take effect 1 year after the date of enactment of this Act.


110 HRES 179 EH: Expressing support for a National Foster Parents Day.
U.S. House of Representatives
2007-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 179
In the House of Representatives, U. S.,

April 23, 2007

RESOLUTION
Expressing support for a National Foster Parents Day.

Whereas the family, serving as the primary source of love, identity, self-esteem, and support, is the very foundation of our communities, and our United States;
Whereas foster families, who open their homes and hearts to children whose families are in crisis, play a vital role in helping children heal and reconnect and in launching those children into successful adulthood;
Whereas over 500,000 youth are in foster care with at least 380,000 in a family-home setting;
Whereas numerous individuals and public and private organizations work to increase public awareness of the needs of children in foster care and leaving foster care as well as of the enduring and valuable contributions of foster parents; and
Whereas those families who are able to serve a role as foster parents should be wholeheartedly encouraged to do so: Now, therefore, be it

That it is the sense of the House of Representatives that—
(1)a National Foster Parents Day should be established to recognize the contributions of foster parents across the Nation; and
(2)the President should issue a proclamation calling on the people of the United States and interested groups to conduct appropriate ceremonies, activities, and programs to demonstrate support for foster parents across the Nation.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		1st Session
		S. 1125
		IN THE SENATE OF THE UNITED
		  STATES

			May 21, 2009
			Mr. Durbin introduced
			 the following bill; which was read twice and referred to the
			 Committee on Rules and
			 Administration

		A BILL
		To amend the National Voter Registration
		  Act of 1993 to provide for the treatment of institutions of higher education as
		  voter registration agencies.

		1.Short titleThis Act may be cited as the
			 Student Voter Opportunity To Encourage
			 Registration Act of 2009 or the Student VOTER Act of 2009.
		2.Treatment of universities as voter
			 registration agencies
			(a)In generalSection 7(a) of the National Voter
			 Registration Act of 1993 (42 U.S.C. 1973gg–5(a)) is amended—
				(1)in paragraph (2)—
					(A)by striking and at the end
			 of subparagraph (A);
					(B)by striking the period at the end of
			 subparagraph (B) and inserting ; and; and
					(C)by adding at the end the following new
			 subparagraph:

							(C)each institution of higher education (as
				defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) in
				the State that receives Federal funds.
							;
				and
					(2)in paragraph (6)(A), by inserting
			 or, in the case of an institution of higher education, with each
			 registration of a student for enrollment in a course of study after
			 assistance,.
				(b)Amendment to Higher Education Act of
			 1965Section 487(a) of the
			 Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking
			 paragraph (23).


		II
		110th CONGRESS
		1st Session
		S. 422
		IN THE SENATE OF THE UNITED STATES

			January 29, 2007
			Mr. Cornyn (for himself
			 and Mrs. Hutchison) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To authorize any alien who has been issued a valid
		  machine-readable biometric border crossing identification card to be
		  temporarily admitted into the United States upon successfully completing a
		  background check.

		1.Short
			 titleThis Act may be cited as
			 the Secure Border Crossing Card Entry
			 Act of 2007.
		2.Periods of
			 admissionSection 214(a)(2) of
			 the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding
			 at the end the following:

				(C)(i)Except as provided
				under clauses (ii) and (iii), the initial period of admission to the United
				States of an alien who possesses a valid machine-readable biometric border
				crossing identification card issued by a consular officer, has successfully
				completed required background checks, and is admitted to the United States as a
				nonimmigrant under section 101(a)(15)(B) at a port of entry where such card is
				processed through a machine reader, shall be not less than the initial period
				of admission granted to any other alien admitted to the United States under
				section 101(a)(15)(B).
					(ii)The Secretary of Homeland Security
				may prescribe, by regulation, the length of the initial period of admission
				described in clause (i), which period shall be—
						(I)a minimum of 6 months; or
						(II)the length of time provided for under
				clause (iii).
						(iii)The Secretary may, on a
				case-by-case basis, provide for a period of admission that is shorter or longer
				than the initial period described in clause (ii)(I) if the Secretary finds good
				cause for such action.
					(iv)An alien who possesses a valid
				machine-readable biometric border crossing identification card may not be
				admitted to the United States for the period of admission specified under
				clause (i) or granted extensions of such period of admission if—
						(I)the alien previously violated the
				terms and conditions of the alien’s nonimmigrant status;
						(II)the alien is inadmissible as a
				nonimmigrant; or
						(III)the alien’s border crossing card has
				not been processed through a machine reader at the United States port of entry
				or land border at which the person seeks admission to the United
				States.
						.
		3.Rulemaking
			(a)In
			 generalNot later than 90
			 days after the date of the enactment of this Act, the Secretary shall
			 promulgate regulations to carry out the amendment made by section 2.
			(b)Waiver of
			 APAIn promulgating
			 regulations under subsection (a), the Secretary of Homeland Security may waive
			 any provision of chapter 5 of title 5, United States Code (commonly known as
			 the Administrative Procedure Act) or any other law relating to
			 rulemaking if the Secretary determines that compliance with such provision
			 would impede the timely implementation of this Act.


114 HR 6055 IH: Fairness in Political Advertising Act of 2016
U.S. House of Representatives
2016-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6055IN THE HOUSE OF REPRESENTATIVESSeptember 15, 2016Ms. Kaptur introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to require radio and television broadcasters to provide
			 free broadcasting time for political advertising, and for other purposes.

 1.Short titleThis Act may be cited as the Fairness in Political Advertising Act of 2016. 2.Allocation to political candidates of free broadcast time for political advertising (a)Condition of License RenewalSection 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ; and (4) every television broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c).
 (b)Free Time ObligationsSection 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended— (1)by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and
 (2)by inserting after subsection (b) the following new subsection:  (c) (1)Each licensee for a television broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal.
 (2)A licensee subject to this subsection shall allot free broadcast time to each qualified political candidate in accordance with the following standards:
 (A)Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time each even-numbered year to each qualified political candidate in a statewide or national election. In the case of a television station whose market does not encompass all of a congressional district, such licensee may apportion to each qualified candidate from such district a fraction of such 2 hours that is equal to the fraction of such district’s population that resides within such market, as determined in accordance with regulations prescribed by the Commission.
 (B)The free broadcast time allotted to any candidate under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such candidate and the licensee.
 (C)The broadcast time allotted by any licensee shall be allotted so that— (i)at least one-half is broadcast during the hours of 7:00 p.m. to 10:00 p.m.;
 (ii)during any election year, at least two-thirds is broadcast during the 2 months immediately preceding election day and at least one-half is broadcast during the 3 weeks immediately preceding election day;
 (iii)each qualified candidate is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other qualified candidates for the same office; and
 (iv)no broadcaster shall allot more than 41/2 hours per week of free broadcast time for political advertising and, if the amount of time required to be allotted by this paragraph would exceed 41/2 hours, the time required to be allotted each qualified candidate shall be reduced proportionately.
 (D)The broadcast time shall be used solely for programming consisting of unedited segments in which the candidate speaks directly to the camera.
 (3)A candidate shall be treated as a qualified political candidate for purposes of paragraph (2)(A) if the candidate’s party, in the most recent statewide or national election, received more than 2 percent of the total number of votes.
 (4)A licensee allots free broadcast time as required by this subsection by broadcasting statements without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise.
 (5)Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section..
 3.Cable broadcasting of political advertisingSection 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended— (1)by redesignating subsection (f) as subsection (g); and
 (2)by inserting after subsection (e) the following new subsection:  (f)A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political candidates, and subject to the same conditions as free broadcast time is required to be provided by television broadcast station licensees under section 315(c). No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal..


 HR 777 ENR: Debbie Smith Reauthorization Act of 2019
U.S. House of Representatives

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
One Hundred Sixteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. R. 777

AN ACT
To reauthorize programs authorized under the Debbie Smith Act of 2004.

1.Short titleThis Act may be cited as the Debbie Smith Reauthorization Act of 2019. 2.ReauthorizationSection 2 of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701) is amended—
(1)in subsection (a)— (A)in paragraph (2), by striking including and inserting prioritizing, to the extent practicable consistent with public safety considerations; and
(B)in paragraph (8), by striking including and inserting in particular,;  (2)in subsection (b)—
(A)in paragraph (6), by striking and at the end;  (B)in paragraph (7), by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:  (8)provide assurances that the DNA section of the laboratory to be used to conduct DNA analyses has a written policy that prioritizes the analysis of, to the extent practicable consistent with public safety considerations, samples from homicides and sexual assaults.;
(3)in subsection (c)(3)— (A)in subparagraph (B), by striking 2014 through 2019 and inserting 2019 through 2024; and
(B)in subparagraph (C), by striking 2014 through 2019 and inserting 2019 through 2024; and (4)in subsection (j), by striking 2015 through 2019 and inserting 2019 through 2024.
3.Training and educationSection 303(b) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40722(b)) is amended by striking 2015 through 2019 and inserting 2019 through 2024. 4.Sexual assault forensic exam grantsSection 304(d) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723(d)) is amended by striking 2015 through 2019 and inserting 2019 through 2024.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.