116 S1459 IS: China Technology Transfer Control Act of 2019
U.S. Senate
2019-05-14
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.

II116th CONGRESS1st SessionS. 1459IN THE SENATE OF THE UNITED STATESMay 14, 2019Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo control the export to the People's Republic of China of certain technology and
			 intellectual property important to the national interest of the United
			 States, and for other
			 purposes.

 1.Short titleThis Act may be cited as the China Technology Transfer Control Act of 2019.
 2.DefinitionsIn this Act: (1)Chinese personThe term Chinese person means—
 (A)an individual who is a citizen or national of the People's Republic of China; or (B)an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.
 (2)Covered national interest technology or intellectual propertyThe term covered national interest technology or intellectual property includes the following: (A)Technology or intellectual property that would make a significant contribution to the military potential of the People’s Republic of China that would prove detrimental to the national security of the United States.
 (B)Technology or intellectual property necessary to protect the economy of the United States from the excessive drain of scarce materials and to reduce the serious inflationary impact of demand from the People’s Republic of China.
 (C)Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 6(a), determined in consultation with the United States Trade Representative.
 (D)Technology used by the Government of the People's Republic of China to carry out violations of human rights or religious liberties.
 (3)Foreign personThe term foreign person means any person that is not a United States person. (4)KnowinglyThe term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
 (5)Intellectual propertyThe term intellectual property means— (A)any work protected by a copyright under title 17, United States Code;
 (B)any property protected by a patent granted by the United States Patent and Trademark Office under title 35, United States Code;
 (C)any word, name, symbol, or device, or any combination thereof, that is registered as a trademark with the United States Patent and Trademark Office under the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly known as the Lanham Act or the Trademark Act of 1946) (15 U.S.C. 1051 et seq.);
 (D)a trade secret (as defined in section 1839 of title 18, United States Code); or (E)any other form of intellectual property.
 (6)TechnologyThe term technology includes goods or services relating to information systems, Internet-based services, production-enhancing logistics, robotics, artificial intelligence, biotechnology, or computing.
 (7)United states personThe term United States person means— (A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
 (B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
 3.Sense of CongressIt is the sense of Congress that— (1)while the United States is committed to promoting cultural and technological exchange with other countries, it is our responsibility to protect the United States when channels for such exchange are exploited by adversaries; and
 (2)the People's Republic of China consistently seeks to exploit those channels, not only in its theft of intellectual property but also in its manipulation of lawful transfer and uses of technology in ways that directly support its military objectives and threaten the United States.
			4.Control of export of covered national interest technology and intellectual property to	the
			 People's
			 Republic of China
 (a)In generalOn and after the date that is 180 days after the date of the enactment of this Act, the President shall control the export or re-export to, or transfer in, the People's Republic of China of any covered national interest technology or intellectual property subject to the jurisdiction of the United States or exported by any United States person.
 (b)Report requiredNot later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Commerce shall jointly submit to Congress a report assessing whether covered national interest technology or intellectual property should be controlled as required by subsection (a) under—
 (1)the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; or
 (2)the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
 (c)RegulationsNot later than 180 days after the date of the enactment of this Act, the President shall prescribe such regulations as are necessary to carry out subsection (a).
			5.Imposition of sanctions with respect to provision to or purchase from the People's Republic of
			 China of
			 covered national interest technology and intellectual property
 (a)In generalThe President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of a person described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
 (b)Persons describedA person described in this subsection is— (1)a foreign person that, on or after the date of the enactment of this Act, knowingly sells or otherwise provides to, or knowingly purchases from, the People's Republic of China any covered national interest technology or intellectual property subject to the jurisdiction of the United States; or
 (2)a Chinese person that, on or after such date of enactment, knowingly uses covered national interest technology or intellectual property provided to the Chinese person in violation of section 4 or any other export control law of the United States.
				(c)Exception relating to importation of goods
 (1)In generalThe requirement to block and prohibit all transactions in all property and interests in property under subsection (a) shall not include the authority to impose sanctions on the importation of goods.
 (2)Good definedIn this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
 (d)WaiverThe President may waive the imposition of sanctions under subsection (a) with respect to a person if the President determines and reports to Congress that the waiver is in the national security interests of the United States.
			(e)Implementation; penalties
 (1)ImplementationThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
 (2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
 (3)Inapplicability of national emergency requirementThe requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
				6.Establishment of list of certain products receiving support from the Government of  the People's
			 Republic of
			 China or used by that Government for human rights violations
 (a)In generalChapter 8 of title I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the following:

					183.List of certain products receiving support from the Government of the People's Republic of China or
			 used by
			 that Government for human rights violations
 (a)In generalNot later than 120 days after the date of the enactment of the China Technology Transfer Control Act of 2019, and annually thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by—
 (1)the Trade Representative—
 (A)to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government; or
 (B)to otherwise receive support from that Government and that have or will in the future displace net exports of like products by the United States; or
 (2)the Secretary of State to be used by the Government of the People's Republic of China to carry out violations of human rights or religious liberties.
							(b)Identification of products receiving support pursuant to Made in China 2025 policy
 (1)In generalThe Trade Representative shall include in the list under subsection (a)(1)(A) any product specified in the following documents set forth by the Government of the People's Republic of China:
 (A)Notice on Issuing Made in China 2025. (B)China Manufacturing 2025.
 (C)Notice on Issuing the 13th Five-Year National Strategic Emerging Industries Development Plan. (D)Guiding Opinion on Promoting International Industrial Capacity and Equipment Manufacturing Cooperation.
 (E)Any other document that expresses a national strategy or stated goal in connection with the Made in China 2025 industrial policy set forth by the Government of the People’s Republic of China, the Communist Party of China, or another entity or individual capable of impacting the national strategy of the People's Republic of China.
 (2)Included productsIn addition to such products as the Trade Representative shall include pursuant to paragraph (1) in the list under subsection (a)(1)(A), the Trade Representative shall include products in the following industries:
 (A)Civil aircraft. (B)Turbine engines.
 (C)Motor car and vehicle. (D)Advanced medical equipment.
 (E)Advanced construction equipment. (F)Agricultural machinery.
 (G)Railway equipment. (H)Diesel locomotive.
 (I)Moving freight. (J)Semiconductor.
 (K)Lithium battery manufacturing. (L)Artificial intelligence.
 (M)High-capacity computing. (N)Quantum computing.
 (O)Robotics. (P)Biotechnology..
 (b)Clerical amendmentThe table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following:
				Sec. 183. List of certain products receiving support from the Government of the People's Republic
			 of China
			 or used by that Government for human rights violations..


116 S2159 RS: An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation
U.S. Senate
2019-10-16
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.

IICalendar No. 244116th CONGRESS1st SessionS. 2159[Report No. 116–130]IN THE SENATE OF THE UNITED STATESJuly 18, 2019Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsOctober 16, 2019Reported by Mr. Hoeven, without amendmentA BILLTo repeal the Act entitled “An Act to confer jurisdiction on the State of North Dakota over
			 offenses committed by or against Indians on the Devils Lake Indian
			 Reservation”.

 1.RepealThe Act entitled An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation, approved May 31, 1946 (60 Stat. 229), is repealed.October 16, 2019Reported without amendment


110 HRES 131 EH: Recognizing and honoring the lifetime contributions of Rafael José Diaz-Balart on the dedication of the Rafael Diaz-Balart-Hall at the Florida International University College of Law.
U.S. House of Representatives
2007-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 131
In the House of Representatives, U. S.,

February 7, 2007

RESOLUTION
Recognizing and honoring the lifetime contributions of Rafael José Diaz-Balart on the dedication of the Rafael Diaz-Balart-Hall at the Florida International University College of Law.

Whereas a native of Santiago de Cuba, Rafael José Diaz-Balart completed his studies at the University of Havana with a law degree in 1919;
Whereas soon after joining the Bar, he became a municipal judge in the city of Palma Soriano, where he served with distinction for four years until, by civil service examination, he obtained the post of civil law notary in the town of Banes in eastern Cuba;
Whereas, while maintaining his law practice, Rafael José Diaz-Balart was elected City Council President and Mayor of Banes;
Whereas he was later elected Congressman and transferred his law practice to the city of Holguín and subsequently to Havana, where he founded the law firm of Diaz-Balart, Diaz-Balart and Amador, with his son, Rafael Lincoln, and Rolando Amador;
Whereas, years later, also by examination, Rafael José Diaz-Balart assumed the post of Land Registrar, a prominent achievement for lawyers in many civil law countries, including Cuba;
Whereas Rafael José Diaz-Balart lived in exile after 1959, and became a proud citizen of the United States;
Whereas along with his son, Rafael Lincoln Diaz-Balart, Rafael José Diaz-Balart commenced law school at the University of Madrid, Spain, and in 1965, at age 66, earned a second Law Degree;
Whereas Rafael José Diaz-Balart died in Miami, Florida in 1985;
Whereas Rafael José Diaz-Balart instilled not only in his son, but in his four grandsons a sense honor and service, which led them to become prominent members of American society;
Whereas his son, Rafael Lincoln, was a prominent member of the Cuban House of Representatives, and his grandsons, Lincoln Diaz-Balart and Mario Diaz-Balart were elected to the United States House of Representatives in 1992 and 2002, respectively, Jose Diaz Balart became a prominent journalist as the Washington bureau chief for Telemundo Network and was the first United States journalist to host daily Spanish and English language newscasts, and Rafael Diaz Balart became a prominent Miami investment banker;
Whereas, on February 10, 2007, Florida International University will dedicate the Rafael Diaz-Balart Hall as the new home of the College of Law;
Whereas Rafael Diaz-Balart Hall will provide a state-of-the-art facility for teaching, research, and study, as well as scholarly and social interaction; and
Whereas the Rafael Diaz-Balart Hall was designed by the internationally renowned architect Robert A. M. Stern, Dean of the School of Architecture at Yale University: Now, therefore, be it

That the House of Representatives honors the lifetime accomplishments and legacy of Rafael José Diaz-Balart for his numerous contributions to democracy, and recognizes the Florida International University dedication of the Rafael Diaz-Balart Hall at the College of Law as an appropriate tribute in his memory.

Karen L. Haas,Clerk.


		II

		109th CONGRESS

		1st Session

		S. 413

		IN THE SENATE OF THE UNITED STATES

			February 17, 2005

			Mr. Levin introduced the

			 following bill; which was read twice and referred to the

			 Committee on Small Business and

			 Entrepreneurship

		A BILL

		To amend the definition of disaster, for

		  purposes of section 7(b)(2) of the Small Business Act, to include below average

		  water levels in the Great Lakes.

			1.

			Definition of disaster

			Section 3(k) of the Small

			 Business Act (15 U.S.C. 632(k)) is amended—

				(1)

				by inserting

			 (1) after (k); and

				(2)

				by adding at the end the

			 following:

						(2)

						For purposes of section

				7(b)(2), the term disaster includes below average water levels

				in the Great Lakes.

					.


I
112th CONGRESS 1st Session
H. R. 3102
IN THE HOUSE OF REPRESENTATIVES

October 5, 2011
Ms. DeLauro (for herself, Mr. Israel, Mr. Ackerman, Ms. Castor of Florida, Mrs. Christensen, Ms. Clarke of New York, Mr. Conyers, Mr. Deutch, Mr. Farr, Mr. Hinchey, Mr. Jackson of Illinois, Ms. Lee of California, Mr. Markey, Ms. Matsui, Ms. Moore, Mr. Rush, Ms. Schakowsky, Mr. Rangel, and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To require that every mammography summary delivered to a patient after a mammography examination, as required by section 354 of the Public Health Service Act (commonly referred to as the Mammography Quality Standards Act of 1992), contain information regarding the patient’s breast density and language communicating that individuals with more dense breasts may benefit from supplemental screening tests, and for other purposes.

1.Short titleThis Act may be cited as the Breast Density and Mammography Reporting Act of 2011.
2.FindingsThe Congress finds as follows:
(1)The American Cancer Society reports that an individual with dense breast tissue faces a relative risk of developing breast cancer 4 or more times higher than an individual without dense breast tissue.
(2)The National Cancer Institute estimates that 1 in 8 women in the United States will develop a cancer of the breast in their lifetime.
(3)The Centers for Disease Control and Prevention reports that breast cancer is the number one cause of cancer death among Hispanic women, and the number two cause of cancer death among White, Black, Asian/Pacific Islander, and American Indian/Alaska Native women.
(4)Individuals receiving mammograms are not currently required to receive medical summaries or reports from their mammogram providers which address breast density or its correlation to breast cancer, despite the fact that the radiologist interpreting the mammogram makes an assessment of the patient’s breast density.
3.Breast density reporting by facilities that perform mammograms to physicians and patients
(a)In generalClause (ii) of section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 263b(f)(1)(G)) is amended—
(1)in each of subclauses (III) and (IV), by striking and at the end; and
(2)by adding at the end the following:

(V)the report under subclause (II) and the summary under subclause (IV) shall include information regarding the patient’s individual measure of breast density, as specified by the Secretary based upon—
(aa)current scientific knowledge;
(bb)technological advances; or
(cc)other updated medical procedures where the use of such screening developments is consistent with the practice of medical experts in the field;
(VI)the summary under subclause (IV) shall convey to the patient his or her risk of developing breast cancer associated with below, above, and average levels of breast density as measured under subclause (V) and analyzed by the patient’s interpreting physician; and
(VII)the summary under subclause (IV) shall include language, developed by the Secretary in consultation with leading experts, communicating that individuals with more dense breasts—
(aa)may benefit from supplemental screening tests; and
(bb)should talk with their physicians about any questions or concerns regarding the summary; and.
(b)Rule of constructionThis section and the amendments made by this section shall not be construed to alter in any way Federal requirements relating to financial obligations of any person in connection with health insurance.


		I
		111th CONGRESS
		1st Session
		H. R. 2609
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2009
			Mr. Kanjorski (for
			 himself, Mrs. Biggert,
			 Mr. Moore of Kansas,
			 Mr. Capuano,
			 Ms. Bean, Mr. Royce, and Mr.
			 Scott of Georgia) introduced the following bill; which was referred
			 to the Committee on Financial
			 Services

		A BILL
		To establish an Office of Insurance Information in the
		  Department of the Treasury.

		1.Short titleThis Act may be cited as the
			 Insurance Information Act of
			 2009.
		2.Office of
			 Insurance Information
			(a)Duties of
			 SecretarySection 321(a) of title 31, United States Code, is
			 amended—
				(1)in paragraph (7),
			 by striking and at the end;
				(2)in paragraph
			 (8)(C), by striking the period at the end and inserting ; and;
			 and
				(3)by adding at the
			 end the following new paragraph:

						(9)serve as the principal advisor to the
				President and the Congress on domestic and international policy issues in
				connection with all lines of insurance except health
				insurance.
						.
				(b)Establishment of
			 OfficeSubchapter I of
			 chapter 3 of title 31, United States Code, is amended—
				(1)by transferring
			 and inserting section 312 after section 313;
				(2)by redesignating
			 sections 313 and 312 (as so transferred) as sections 312 and 314, respectively;
			 and
				(3)by inserting after
			 section 312 (as so redesignated) the following new section:

						313.Office of
				Insurance Information
							(a)EstablishmentThere is established within the Department
				of the Treasury the Office of Insurance Information.
							(b)LeadershipThe Office shall be headed by a Director,
				who shall be appointed by the Secretary of the Treasury. The position of such
				Director shall be a career reserved position in the Senior Executive
				Service.
							(c)Functions
								(1)Authority
				pursuant to direction of SecretaryThe Office shall have the authority,
				pursuant to the direction of the Secretary, as follows:
									(A)To receive and collect (directly from the
				States and from other sources), and to analyze and disseminate, data and
				information, and to issue reports, regarding all lines of insurance except
				health insurance, except that—
										(i)the submission of any non-publicly
				available data and information to the Office shall be voluntary and such
				submission shall not constitute a waiver of, or otherwise affect, any privilege
				or confidentiality protection to which the data or information is otherwise
				subject;
										(ii)to the extent that any such data and
				information has already been received or collected by, or can efficiently be
				received or collected by, the States (including the insurance commissioners of
				the States), the National Association of Insurance Commissioners, or any other
				appropriate source, the Office may enter into an information-sharing agreement
				with such source to provide for the receipt of such data by the Office;
										(iii)any requirement
				under Federal or State law to the extent otherwise applicable, or any
				requirement pursuant to a written agreement in effect between the original
				source of any non-publicly available data or information and the source of such
				data or information to the Office, regarding the privacy or confidentiality of
				any data or information in the possession of the source to the Office, and any
				privilege arising under Federal or State law (including the rules of any
				Federal or State court) with respect to such data or information, shall
				continue to apply to such data or information after the data or information has
				been provided pursuant to this subparagraph to the Office;
										(iv)the Office shall treat as confidential and
				privileged any data or information obtained from any source that is entitled to
				confidential treatment under applicable State or Federal law or regulations, or
				under any agreement to which the source is a party and shall take all
				reasonable steps to oppose any effort to secure disclosure of the data or
				information by the Office;
										(v)the Office may not
				in any case disclose to any party any personally identifiable information
				received or collected by the Office pursuant to this subparagraph; and
										(vi)any non-publicly available data and
				information received or collected by the Office pursuant to this subparagraph
				shall be considered trade secrets and commercial or financial information that
				is privileged and confidential pursuant to section 552(b)(4) of title 5, United
				States Code, and may not be disclosed to the Advisory Group established under
				subsection (l).
										(B)To coordinate Federal efforts and establish
				Federal policy on international insurance matters, including working with the
				International Association of Insurance Supervisors.
									(C)To determine, in accordance with subsection
				(e), whether State insurance measures are inconsistent with such policy, as
				included in covered agreements (as such term is defined in subsection
				(m)).
									(D)To serve as a liaison between the Federal
				Government and the individual and several States regarding insurance matters of
				national importance and international importance.
									(E)To serve as a primary advisor, regarding
				the export promotion of United States insurance products and services, to the
				Treasury representative to the Trade Promotion Coordinating Committee.
									(2)Advisory
				functionsTo advise the Secretary on major domestic and
				international insurance policy issues, including matters that affect consumers
				and insurers, such as, and including, financial guarantee insurance,
				catastrophe insurance, and reinsurance requirements.
								(d)ScopeThe authority of the Office and the
				Director with respect to insurance shall extend to all lines of insurance
				except health insurance, as determined by the Secretary based on section 2791
				of the Public Health Service Act (42 U.S.C. 300gg–91).
							(e)Preemption of
				State insurance measures
								(1)StandardSubject to paragraph (3), a State insurance
				measure shall be preempted if, and only to the extent that, the measure—
									(A)treats a
				non-United States insurer more or less favorably than a United States insurer
				domiciled in such State; and
									(B)is determined, in
				accordance with this subsection, to be inconsistent with Federal policy on
				international insurance matters as—
										(i)established by the
				Office; and
										(ii)included in a
				covered agreement.
										(2)Determination
									(A)Authority of
				DirectorPursuant to the
				subsection (c)(1)(C), the Director may determine whether inconsistencies
				referred to in paragraph (1)(B) of this subsection exist.
									(B)Notice of
				potential inconsistencyBefore making any determination regarding
				whether an inconsistency referred to in paragraph (1)(B) exists, the Director
				shall—
										(i)cause to be published in the Federal
				Register notice of the issue regarding the potential inconsistency or
				preemption, including a description of each State insurance measure at issue
				and the Federal policy on international insurance matters embodied in a covered
				agreement at issue;
										(ii)provide
				interested parties a period of not less than 30 days during which to submit
				written comments to the Office; and
										(iii)in making the
				determination, consider any comments received.
										(C)Initial
				determinationUpon making any
				determination regarding whether an inconsistency referred to in paragraph
				(1)(B) exists, the Director shall—
										(i)cause to be
				published in the Federal Register notice of such determination;
										(ii)notify the appropriate State of such
				determination; and
										(iii)in the case of
				determination that such an inconsistency exists, establish a reasonable period
				of time before a final determination under subparagraph (D) is made.
										(D)Final
				determinationIn the case of
				an initial determination that an inconsistency referred to in paragraph (1)(B)
				exists, upon the conclusion of the period referred to in subparagraph (C)(iii)
				of this paragraph with respect to such determination, the Director shall make a
				final determination of whether such inconsistency still exists. If the Director
				determines that such inconsistency still exists, the Director shall cause to be
				published in the Federal Register notice of such final determination and notify
				the State and the Secretary of such final determination.
									(E)Consideration of
				stay by Secretary; effective date of preemptionIn the case of a final determination under
				subparagraph (D) that an inconsistency referred to in paragraph (1)(B) exists,
				the Secretary, after consultation with the Director, shall determine whether to
				stay preemption under paragraph (3). Immediately upon such determination, the
				Secretary shall cause to be published in the Federal Register notice of whether
				the State insurance measure is preempted pursuant to paragraph (1), to the
				extent of the inconsistency, or whether preemption is stayed pursuant to
				paragraph (3), and shall submit to the Congress a copy of such notice. Any such
				preemption shall be effective upon the expiration of the 90-day period
				beginning upon the publication of notice under this subparagraph unless the
				Congress by its action prevents such effectiveness.
									(3)StayNotwithstanding any determination by the
				Director that an inconsistency referred to in paragraph (1)(B) exists, the
				Secretary shall stay preemption under this subsection, before publication of
				notice of preemption under paragraph (2)(E), if the Secretary determines
				that—
									(A)maintaining the
				State insurance measure is necessary for prudential reasons, including
				for—
										(i)the protection of
				policyholders and policy claimants;
										(ii)the maintenance
				of the safety, soundness, integrity or financial responsibility of any entity
				involved in the business of insurance or insurance operations; or
										(iii)ensuring the
				integrity and stability of the United States financial system;
										(B)preemption will result in any need to
				establish a supervisory or regulatory authority of the Office or the Secretary
				over any entity involved in the business of insurance or insurance operations
				in the United States; or
									(C)preemption will result in a gap or void in
				financial or market conduct regulation of any entity involved in the business
				of insurance or insurance operations in the United States.
									(4)Administrative
				reviewAny State having an
				insurance measure for which a final determination is made pursuant to paragraph
				(2)(D) that an inconsistency referred to in paragraph (1)(B) exists, and any
				other person aggrieved by such final determination, shall have the right to
				appeal such final determination of inconsistency to the Secretary, but only if
				the Secretary receives notice of such appeal before publication of notice of
				preemption under paragraph (2)(E). The Secretary shall issue a decision
				concerning any such appeal before considering whether to stay preemption under
				paragraph (3).
								(5)Applicability of
				Administrative Procedures ActDeterminations of inconsistency pursuant to
				paragraph (2)(D) and of preemption pursuant to paragraph (2)(E) shall be
				subject to the applicable provisions of subchapter II of chapter 5 of title 5,
				United States Code (relating to administrative procedure), and chapter 7 of
				such title (relating to judicial review).
								(6)LimitationNo State may enforce a State insurance
				measure to the extent that it has been preempted pursuant to this
				subsection.
								(7)Policies and
				proceduresThe Secretary may,
				by publication in the Federal Register, issue policies and procedures to
				implement this subsection and subsection (c)(1)(C).
								(f)Savings
				provisionsNothing in this
				section shall—
								(1)preempt any State
				insurance measure because of inconsistency with any agreement that is not a
				covered agreement (as such term in defined in subsection (m));
								(2)preempt any State insurance measure that
				relates to an insurer’s rates, premiums, underwriting practices, or coverage
				requirements for insurance within that State, or to the application of the
				antitrust laws of any State to the business of insurance; or
								(3)affect the
				preemption of any State insurance measure otherwise inconsistent with and
				preempted by Federal law.
								(g)Consultation
								(1)DirectorThe Director shall consult with the
				Advisory Group established under subsection (l) regarding—
									(A)any agreement
				described in subsection (e)(1)(B), before such agreement is entered into;
				and
									(B)any initial or final determination under
				subsection (e)(2) of whether an inconsistency referred to in subsection
				(e)(1)(B) exists.
									(2)SecretaryThe Secretary shall consult with the
				Advisory Group established under subsection (l) regarding whether or not to
				stay preemption under subsection (e)(3).
								(h)Coordination
				regarding covered agreementsBefore entering into any covered agreement,
				the United States or its representative shall coordinate with State insurance
				regulators as designated by the National Association of Insurance Commissioners
				to identify provisions in the covered agreement that provide for the
				recognition of prudential measures with respect to the business of insurance
				that are described in subsection (m)(1)(B).
							(i)Reports to
				Congress
								(1)Biennial
				reportsThe Director, in
				consultation with the insurance commissioners or supervisors of the States,
				shall submit a report during each Congress to the Committee on Financial
				Services of the House of Representatives and the Committee on Banking, Housing,
				and Urban Affairs of the Senate on the financial state of the insurance
				industry, meaningful trends in the industry, any actions taken by the Office
				pursuant to subsection (e) (regarding preemption of inconsistent State
				insurance measures), and any other information as deemed relevant by the
				Director or as requested by such Committees.
								(2)Reports on State
				insurance measures not preemptedThe Director shall submit a report to each
				of the Committees referred to in paragraph (1) of this subsection regarding any
				State insurance measure that would have been preempted but for any stay of
				preemption under subsection (e)(3).
								(3)Other
				reportsThe Director shall
				submit such other informal reports as the Director considers necessary or as
				are requested by the Congress.
								(j)Use of existing
				resourcesThe Office may
				employ personnel, facilities, and other Department of the Treasury resources
				available to the Secretary on the date of enactment of the
				Insurance Information Act of
				2009 in carrying out this section, except as otherwise prohibited
				by law.
							(k)Retention of
				existing regulatory authorityNothing in this section may be construed to
				establish a general supervisory or regulatory authority of the Office or the
				Department of the Treasury over the business of insurance.
							(l)Advisory
				group
								(1)EstablishmentThere
				is hereby established the Advisory Group to the Office of Insurance Information
				(in this subsection referred to as the Advisory Group).
								(2)MembershipThe
				Advisory Group shall consist of no more than 13 members who shall be appointed
				by the Secretary, and shall include—
									(A)State insurance
				commissioners or supervisors, as nominated by the National Association of
				Insurance Commissioners;
									(B)a representative
				each of—
										(i)State legislators,
				as nominated by the National Conference of State Legislatures;
										(ii)the Department of
				Commerce;
										(iii)the Federal
				Trade Commission;
										(iv)the Office of the
				United States Trade Representative;
										(v)the life insurance
				industry;
										(vi)the property and
				casualty insurance industry;
										(vii)the reinsurance
				industry; and
										(viii)the insurance
				producer industry; and
										(C)such other
				representatives of the insurance industry, consumer groups, and other
				organizations as the Secretary determines are appropriate.
									(3)DutiesThe
				sole functions of the Advisory Group shall be to make recommendations to the
				Secretary and the Director regarding the function of the Office under
				subsection (c)(1)(B) and to consult with the Director and the Secretary
				pursuant to subsection (g).
								(m)DefinitionsFor
				purposes of this section, the following definitions shall apply:
								(1)Covered
				agreementThe term
				covered agreement means a written bilateral or multilateral
				recognition agreement that—
									(A)is entered
				into—
										(i)between the United
				States and one or more foreign governments, authorities, or regulatory
				entities; and
										(ii)after the date of
				the enactment of the Insurance Information
				Act of 2009; and
										(B)provides for recognition of prudential
				measures with respect to the business of insurance that—
										(i)adequately protect
				insurance consumers in the United States; and
										(ii)are substantially
				equivalent to the regulation by the States of the comparable subject
				matter.
										(2)Non-United
				States insurerThe term
				non-United States insurer means an insurer, or reinsurer, that
				is organized under the laws of a jurisdiction other than a State, but does not
				include any United States branch of such an insurer.
								(3)OfficeThe
				term Office means the Office of Insurance Information
				established by this section.
								(4)SecretaryThe
				term Secretary means the Secretary of the Treasury.
								(5)StateThe term State means any of
				the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
				United States Virgin Islands, Guam, American Samoa, the Trust Territory of the
				Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any
				other territory of the United States.
								(6)State insurance
				measureThe term State
				insurance measure means any State law, regulation, administrative
				ruling, bulletin, guideline, or practice relating to or affecting the provision
				of insurance or reinsurance.
								(7)United States
				insurerThe term
				United States insurer means—
									(A)an insurer, or
				reinsurer, that is organized under the laws of a State; or
									(B)a United States
				branch of a non-United States insurer.
									(n)Savings
				provisionNothing in this
				section shall be construed to affect the development and coordination of United
				States international trade policy or the administration of the United States
				trade agreements program.
							(o)Authorization of
				appropriationsThere are authorized to be appropriated for the
				Office such sums as may be necessary for each fiscal
				year.
							.
				(c)Independence in
			 congressional testimony and recommendationsSection 111 of Public Law 93–495 (12 U.S.C.
			 250) is amended by inserting ‘‘the Director of the Office of Insurance
			 Information of the Department of the Treasury,’’ after Office of Thrift
			 Supervision, .
			(d)Clerical
			 amendmentThe table of
			 sections for subchapter I of chapter 3 of title 31, United States Code, is
			 amended by striking the item relating to section 312 and inserting the
			 following new items:

						Sec. 312. Terrorism and Financial
				Intelligence.
						Sec. 313. Office of Insurance
				Information.
						Sec. 314. Continuing in
				office.

					.
			3.Treatment of
			 certain provisions
			(a)Non-severability
			 of certain provisions If any
			 provision of subsection (e) or (h) of section 313 of title 31, United States
			 Code, as added by this Act, is declared or held invalid or unenforceable by any
			 United States court, all provisions of each such subsection shall be treated
			 and deemed invalid and shall have no force or effect of law.
			(b)Severability of
			 remainderNotwithstanding the
			 invalidation of subsections (e) and (h) of section 313 of title 31, United
			 States Code, as added by this Act, under subsection (a) of this section, the
			 validity of the remainder of such section 313, and of the application of such
			 provisions to other persons and circumstances, shall not be affected
			 thereby.


114 S3194 IS: Reducing Obesity in Youth Act of 2016
U.S. Senate
2016-07-13
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
		114th CONGRESS2d Session
		S. 3194
		IN THE SENATE OF THE UNITED STATES

			July 13, 2016
			Mr. Booker (for himself, Mr. Coons, Mrs. Gillibrand, and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Public Health Service Act to promote healthy eating and physical activity among
			 children.

		1.Short title
 This Act may be cited as the Reducing Obesity in Youth Act of 2016.
		2.Findings and purposes
 (a)FindingsCongress makes the following findings: (1)Research has shown that early childhood is an important time for developing dietary and physical activity behaviors that support health and well-being and may help prevent obesity.
 (2)Infants as young as 7 months have shown eating patterns that are similar to older children and adults.
 (3)For children under 1 year of age, promoting opportunities for movement (such as reaching, crawling, and creeping) may be the most effective way to increase physical activity and improve children’s motor skills.
 (4)Children who are exposed to healthy foods early are more likely to prefer and eat healthy foods and to develop eating habits that promote healthy growth that can continue throughout childhood.
 (5)Healthy eating can improve a child’s learning ability and potentially lead to higher academic performance, along with his or her mental, social, and physical well-being and can contribute to increased self-esteem.
 (6)A 2010 study indicated that daily physical activity is not only essential for healthy weight maintenance, but also for practicing and learning fundamental gross motor skills and socioemotional and cognitive skills. Furthermore, when children have the opportunity for adequate physical activity, they benefit physically, psychologically and socially.
 (7)Nearly 20 percent (1 in 5) of 2-year-olds spend more than 2 hours of a typical day watching television or videos.
 (8)The Journal of the American Medical Association Pediatrics found that each incremental hour of watching television at age 2 is associated with corresponding declines in school engagement, math achievement, and weekend physical activity, and with increases in bullying by classmates, consumption of soft drinks and snacks, and BMI at age 10.
 (9)A major study published in the New England Journal of Medicine, found that a third of children who were overweight in kindergarten were obese by eighth grade. Almost every child who was very obese remained that way, suggesting that efforts must start much earlier and focus more on the children at greatest risk.
 (10)In 2012, three-fourths of United States preschool-aged children were in child care, and most of their day was spent in sedentary activities.
 (11)Center-based programs serve approximately 6,980,000 children birth through age 5 years but not yet in kindergarten, making the early childhood care and education setting an important one for promoting healthful habits.
 (12)Early care and education learning collaboratives in 9 States have reached nearly 156,000 children and improved early childhood care and education provider practices for nutrition and physical activity.
 (b)PurposesIt is the purpose of this Act to— (1)establish a program that will influence practices, policies, and environments in early care and education settings to support healthy eating, physical activity, and screen time reduction for children ages birth through 5;
 (2)enhance the training and knowledge of early care and education providers on strategies for promoting healthy eating (including early feeding best practices), physical activity, and screen time reduction in early care and education settings;
 (3)monitor progress of healthy eating and physical activity promotion in early care and education settings; and
 (4)identify emerging, and expand existing, approaches to engaging families and parents of children ages birth to 5 in healthy eating, physical activity, and screen time reduction.
 3.Healthy kids programTitle III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following:

				WHealthy kids program
 399OO.DefinitionsIn this part: (1)DirectorThe term Director means the Director of the Centers for Disease Control and Prevention.
 (2)Early care and educationThe term early care and education means programs and activities that serve children ages birth through 5 years either through in-home or out-of-home settings, including child care programs, Head Start programs, and pre-kindergarten programs.
 (3)Screen time reductionThe term screen time reduction means policies or guidelines designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices.
						399PP.Grants
 (a)In generalThe Secretary, in coordination with the Centers for Disease Control and Prevention and the Administration for Children and Families shall, subject to the availability of appropriations, award 5-year competitive grants to eligible entities to assist in the development of healthier early care and education environments to improve healthy eating and physical activity among children ages birth through 5 years in early care and education settings. Training provided under such grants shall be consistent with the best practices from existing health and wellness resources endorsed by the Secretary, in consultation with the Institute of Medicine, the Administration for Children and Families’ Office of Child Care and Office of Head Start, the Centers for Disease Control and Prevention’s Division of Nutrition, Physical Activity, and Obesity, and the Health Resources and Services Administration’s Maternal and Child Health Bureau.
 (b)EligibilityTo be eligible to receive a grant under subsection (a), an entity shall— (1)be—
 (A)a nonprofit organization with expertise in early childhood health and obesity prevention;
 (B)an institution of higher education or research center that employs faculty with relevant expertise; or
 (C)a consortium of entities described in subparagraphs (A) and (B) that submit a single application to carry out activities under the grant jointly; and
 (2)submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
							(c)Use of funds
 (1)Identification of areas of opportunities and goalsAn entity that receives a grant under this section shall, using Department of Health and Human Services guidance and tools (such as the Spectrum of Opportunities for Obesity Prevention in the Early Care and Education Setting developed by the Centers for Disease Control and Prevention), identify areas of opportunity and set goals and carry out activities to promote healthy eating, physical activity, and screen time reduction strategies among children ages birth through 5 years in early care and education settings.
 (2)ActivitiesAn entity shall use amounts received under a grant under this section to carry out each of the following activities:
 (A)Provide training, technical assistance, and resources to implementing partners, which may include States, territories, cities, or nonprofit organizations, to integrate the promotion of healthy eating (including early feeding best practices), physical activity, and screen time reduction into existing early care and education State programs and standards to create and spread sustainable change within the State or territory involved.
 (B)Work directly with implementing partners to create sustainable programs to train early care and education providers through train-the-trainer models, learning collaboratives, or other approaches approved by the Secretary.
 (C)Enter into a contract with a nonprofit organization or other entity with relevant expertise that is approved by the Secretary, to evaluate the programs carried out under the grant, including baseline, process, and outcome measurements.
 (3)Dissemination of best practicesUpon the conclusion of programs and activities carried out under the grants under this section, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, best practices, and lessons derived from the experiences of grantees with respect to reducing and preventing obesity and overweight among children ages birth through 5 years in the early care and education settings. Such agencies shall encourage the adoption of such best practices.
							(d)Preference
 (1)GranteesIn awarding grants under this section, the Secretary shall give preference to eligible entities that—
 (A)have a history of working with early care and education providers and States in obesity prevention in the early care and education setting;
 (B)demonstrate a history of, and capacity to, leverage private dollars to amplify obesity prevention efforts in early care and education settings;
 (C)demonstrate a history of working successfully with an evaluator to determine program effectiveness; (D)demonstrate a history of, and capacity to, collaborate with the health sector on obesity prevention initiatives;
 (E)demonstrate a history of, and capacity to, spread and sustain health initiatives; and (F)demonstrate the ability to conduct at least 3 pilot programs to test innovative or evidence-informed approaches to engage families, including families of children ages birth to 5 years, in the promotion of healthy eating and physical activity.
 (2)Implementing partnersIn selecting States, territories, cities, or nonprofit organizations as implementing partners under a grant under this section, a grantee shall ensure that such partners—
 (A)serve populations that are racially, ethnically, and geographically diverse; (B)represent a mix of rural and urban settings;
 (C)have a varied level of existing infrastructure, capacity, and other programmatic initiatives to address obesity prevention in early care and education systems; and
 (D)possess expertise in early care and education or children’s health and the ability to implement evidence-informed interventions to promote healthy eating, physical activity, and screen time reduction strategies in early care and education settings for children ages birth through 5 years, including strategies targeted to addressing the needs of children ages birth through 2 years and strategies to engage parents in healthy eating and physical activity promotion.
 (e)Tracking State progressThe Secretary shall use amounts appropriated under subsection (g)(2) to enter into contracts with, or award grants to, institutions of higher education, nonprofit organizations, or other entities with relevant monitoring and surveillance expertise that are approved by the Secretary, to track State progress in obesity prevention policies and practices of early care and education programs through a sentinel set of States.
 (f)Report to CongressNot later than 12 months after the completion of the programs and activities funded under grants awarded under this section, the Secretary shall submit to Congress a report concerning an evaluation of the results of such programs and activities and sentinel surveillance, including recommendations on how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary or Director and other Federal agencies as appropriate.
 (g)Authorization of appropriationsThere is authorized to be appropriated to carry out this section— (1)$4,000,000 for each of fiscal years 2017, 2018, 2019, 2020, and 2021; and
 (2)$1,700,000 for fiscal year 2017, to be used to track State progress in obesity prevention policies and practices of early care and education programs in a sentinel set of States as provided for in subsection (e)..


116 HR 7148 IH: United States-Israel Military Capability Act of 2020
U.S. House of Representatives
2020-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7148IN THE HOUSE OF REPRESENTATIVESJune 11, 2020Mr. Wilson of South Carolina (for himself and Ms. Houlahan) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Foreign Affairs, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo establish a United States-Israel Operations-Technology Working Group, and for other purposes.1.Short titleThis Act may be cited as the United States-Israel Military Capability Act of 2020.2.FindingsCongress makes the following findings:(1)The United States confronts an intense military technology competition with the People's Republic of China and the Russian Federation that may determine whether the United States can effectively deter and defeat adversaries in the future.(2)On July 11, 2019, Chairman of the Joint Chiefs of Staff General Mark Milley said, China is improving their military very, very rapidly in space, air, cyber, maritime, land domains, et cetera.. Noting the rapid technology development by the People's Republic of China, General Milley warned that the United States must ensure that we do not lose our advantages that we have relative to other countries, specifically relative to China..(3)The People's Republic of China and the Russian Federation have already developed or fielded some capabilities in areas such as hypersonics and artificial intelligence that are superior to those of the United States.(4)A closer and more systematic early cooperative research and development effort with select allies may help the United States more quickly and inexpensively restore and sustain military supremacy in critical military capabilities.(5)The innovative and agile defense technology sector of Israel and the status of Israel as one of the closest and most reliable allies of the United States make Israel an ideal candidate for a more systematic and institutionalized partnership with the United States focused on early cooperative research and development.(6)The defense innovation sector of Israel is a global leader in many of the technologies important to Department of Defense modernization efforts.(7)Despite many laudable ongoing defense partnership efforts between the United States and Israel, dangerous United States military capability gaps continue to emerge that a more systematic and institutionalized United States-Israel early cooperative research and development program could have prevented.(8)Such a program would allow the United States to benefit from the innovation agility and sense of urgency of Israel, and Israel would benefit from the economy of scale of the United States. Such a program could be carefully designed to reduce the time and cost associated with research and development, assiduously avoiding anything that would slow down or constrain the research and development of either country.(9)Belatedly acquiring already produced equipment or weapons from Israel to fill a United States capability gap is not a substitute for a systematic program that prevents the capability gap from emerging in the first place.(10)On March 4, 2020, Secretary of Defense Mark Esper said, We have a very good innovative base, [the Israelis] have a very good innovative base. And I think the more we can cooperate together as allies and partners to come up with common solutions, the better.. Secretary Esper continued, so I think if there are ways to improve that, we should pursue it..3.Sense of CongressIt is the sense of Congress that—(1)the United States Government has a responsibility to undertake all reasonable measures to ensure that members of the Armed Forces never confront a more technologically advanced foe; and(2)building on positive ongoing efforts, the United States and Israel should further institutionalize and strengthen their defense innovation partnership by establishing a United States-Israel Operations-Technology Working Group to identify and expeditiously field capabilities that the military forces of both countries need to deter and defeat respective adversaries.4.United States-Israel Operations-Technology Working Group(a)In generalNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Minister of Defense of Israel and in consultation with the Secretary of State and the Director of National Intelligence, shall establish a United States-Israel Operations-Technology Working Group (in this Act referred to as the Working Group) for the following purposes:(1)To provide a standing forum for the United States and Israel to systematically share intelligence-informed military capability requirements.(2)To identify military capability requirements common to both the Department of Defense and the Ministry of Defense of Israel.(3)To assist defense suppliers in the United States and Israel with efforts to expeditiously gain government approval to conduct joint science, technology, research, development, test, evaluation, and production efforts.(4)To develop, as feasible and advisable, combined United States-Israel plans to research, develop, procure, and field weapons systems and military capabilities as quickly and economically as possible to meet common capability requirements of the Department of Defense and the Ministry of Defense of Israel.(b)Working Group leadership(1)United States leadershipWith respect to the United States, the Working Group shall be headed by the Under Secretary of Defense for Research and Engineering and the Director of the Joint Staff, with the active support of the Director of the Bureau of Political Military Affairs of the Department of State and the Director of National Intelligence.(2)Israel leadershipThe Secretary of Defense shall invite the Government of Israel to designate the head of the appropriate office or offices to head the Working Group with respect to Israel.(c)Working Group membership(1)United States membershipThe Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall each designate one or more individuals to serve as members of the Working Group.(A)Mandatory United States membersThe membership of the Working Group shall consist of, at a minimum, representatives from—(i)the Office of the Secretary of Defense;(ii)the Joint Staff;(iii)each of the military departments (including, as appropriate, subordinate entities such as Army Futures Command and research laboratories);(iv)the defense agencies (including the Defense Advanced Research Projects Agency, the Defense Intelligence Agency, and the Defense Security Cooperation Agency);(v)United States Central Command;(vi)United States European Command;(vii)United States Indo-Pacific Command;(viii)the Department of State; and(ix)the intelligence community.(B)Rule of constructionNothing in this paragraph shall be construed as limiting the ability of the Secretary of Defense, the Secretary of State, or the Director of National Intelligence to add members to the Working Group as considered appropriate.(2)Israel membershipThe Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall invite their counterparts in the Government of Israel to designate individuals from the Government of Israel to serve as members of the Working Group.(3)Representation of defense industry(A)In generalThe Working Group may incorporate recommendations from the defense industries of the United States and Israel with respect to combined science and technology efforts and combined research, development, test, and evaluation efforts. (B)Inclusion in Working GroupThe membership of the Working Group may include, as appropriate, members of the defense industries of the United States and Israel. (d)Existing efforts(1)In generalThe Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall jointly determine the most efficient and effective means to integrate the Working Group into existing United States science and technology efforts and research, development, test, and evaluation efforts with Israel. (2)Rule of constructionNothing in this Act shall be construed as requiring the termination of any existing United States defense activity, group, program, or partnership with Israel.(e)Memorandum of understanding(1)In generalThe Secretary of Defense shall, with the concurrence of the Minister of Defense of Israel, establish a memorandum of understanding between the United States and Israel establishing the United States-Israel Operations Technology Working Group. (2)Matters to be includedThe memorandum of understanding under paragraph (1) shall set forth—(A)the purposes of the Working Group, consistent with subsection (a);(B)the membership of the Working Group, consistent with subsection (c); and(C)any other matter considered appropriate.(f)Reports(1)Initial report(A)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate committees of Congress an initial report on the Working Group.(B)ElementsThe report required by subparagraph (A) shall include the following:(i)The finalized memorandum of understanding under subsection (e).(ii)The name of each individual of the Government of the United States and of the Government of Israel designated to lead the Working Group.(iii)The name of each member of the Working Group designated under paragraph (1) or (2) of subsection (c).(iv)A description of the manner in which the Working Group is anticipated to complement and augment existing science and technology efforts and research, development, test, and evaluation efforts with Israel.(v)A schedule for Working Group meetings.(vi)A description of key metrics and milestones for the Working Group.(vii)A description of any authority or authorization of appropriations required for the Working Group to carry out the purposes described in subsection (a).(C)FormThe report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.(2)Annual report(A)In generalNot later than March 15 of each year following the submittal of the report required by paragraph (1), the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate committees of Congress a report on the activities of the Working Group during the preceding calendar year.(B)ElementsThe report required by subparagraph (A) shall include the following:(i)A summary of the performance of the Working Group relative to—(I)with respect to the first annual report under this paragraph, the metrics and milestones described in the initial report in accordance with in paragraph (1)(B)(vi); or(II)with respect to each subsequent annual report under this paragraph, the metrics and milestones described in the preceding annual report under clause (viii).(ii)A description of military capabilities needed by both the United States and Israel.(iii)A description of any United States, or any United States-Israel, science and technology efforts, or research, development, test, and evaluation efforts, associated with the military capabilities described under clause (ii) carried out during the reporting period.(iv)A description of any obstacle or challenge associated with an effort described in clause (iii) and the plan of the Working Group to address such obstacle or challenge.(v)A description of any request to the Working Group made by a United States or Israel defense supplier for combined science and technology efforts or combined research, development, test, and evaluation efforts, including—(I)the date on which the request was received;(II)the efforts made by the Working Group to expeditiously address the request; and(III)the status of any decision associated with the request.(vi)A description of the efforts of the Working Group to prevent the People's Republic of China or the Russian Federation from obtaining intellectual property or military technology associated with combined United States and Israel science and technology efforts and research, development, test, and evaluation efforts.(vii)A description of any science and technology effort, or research, development, test, or evaluation effort, facilitated by the Working Group, including efforts that result in a United States or Israel program of record.(viii)A description of metrics and milestones for the Working Group for the following calendar year.(C)FormThe report required by subparagraph (A) shall be submitted in unclassified form and shall include a classified annex in which the elements required under clauses (ii) and (vi) of subparagraph (B) shall be addressed.(3)Appropriate committees of Congress definedIn this subsection, the term appropriate committees of Congress means—(A)the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and(B)the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.


109 HR 4129 IH: Expensing Property Expands our Nation’s Strong Economy Act of 2005
U.S. House of Representatives
2005-10-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4129
IN THE HOUSE OF REPRESENTATIVES

October 25, 2005
Mr. Sessions (for himself, Mr. Tiahrt, Mr. Terry, Mr. Flake, and Mr. Sweeney) 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 repeal certain limitations on the expensing of section 179 property, to allow taxpayers to elect shorter recovery periods for purposes of determining the deduction for depreciation, and for other purposes.

1.Short titleThis Act may be cited as the Expensing Property Expands our Nation’s Strong Economy Act of 2005 or as the EXPENSE Act of 2005.
2.Repeal of certain limitations on the expensing of section 179 property
(a)In generalSection 179 of the Internal Revenue Code of 1986 is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
(b)Conforming amendments
(1)Subsection (c) of section 179 of such Code, as redesignated by subsection (a), is amended by striking paragraphs (6) and (8), and by redesignating paragraphs (7), (9), and (10) as paragraphs (6), (7), and (8), respectively.
(2)Paragraph (6) of section 179 of such Code, as redesignated by paragraph (1) and subsection (a), is amended by striking paragraphs (2) and (6) and inserting paragraph (2).
(3)Sections 42(d)(2)(B)(i), 1397D(d)(1), 1400B(b)(4)(A)(i) and 1400F(b)(4)(A)(i) of such Code are each amended by striking section 179(d)(2) and inserting section 179(c)(2).
(4)Subclause (I) of section 42(d)(2)(D)(iii) of such Code is amended—
(A)by striking section 179(d) and inserting section 179(c), and
(B)by striking section 179(d)(7) and inserting section 179(c)(6).
(5)
(A)Subpart B of part III of subchapter U of chapter 1 of such Code is hereby repealed.
(B)The table of subparts for such part III is amended by striking the item relating to subpart B.
(6)
(A)Part III of subchapter X of chapter 1 of such Code is amended by striking section 1400J.
(B)The table of sections for such part is amended by striking the item relating to section 1400J.
(C)Paragraph (3) of section 1400E(b) of such Code is amended by striking sections 1400F and 1400J and inserting section 1400F.
(7)Clause (iv) of section 1400L(b)(2)(A) of such Code is amended by striking section 179(d) and inserting section 179(c).
(8)Section 1400L of such Code is amended by striking subsection (f).
(c)Effective dateThe amendments made by this section shall apply to property placed in service during taxable years ending on or after the date of the enactment of this Act.
3.Election of shorter recovery period for purpose of determining depreciation deduction
(a)In generalSection 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(l)Election of shorter recovery period
(1)In generalNotwithstanding subsections (c), (e), (g), and (j), for purposes of subsection (a), the applicable recovery period for any property placed in service during a taxable year ending on or after the date of the enactment of this subsection shall not exceed any period of 2 or more years elected by the taxpayer with respect to such property.
(2)ElectionAn election made under this subsection shall be made at such time and in such form and manner as the Secretary may require. An election under this subsection, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.
(3)Transition ruleIn the case of any property placed in service during a taxable year ending before the date of the enactment of this subsection, paragraph (1) shall apply with respect to the adjusted basis of such property in the same manner as if such property (with such adjusted basis) were placed in service on the first day of the taxable year which includes the date of the enactment of this subsection. The application of this paragraph shall not be treated as a change in method of accounting for purposes of section 481..
(b)Effective dateThe amendment made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act.


114 HR 1015 IH: Protecting Business Opportunities for Veterans Act of 2015
U.S. House of Representatives
2015-02-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1015
		IN THE HOUSE OF REPRESENTATIVES

			February 20, 2015
			Mr. Huelskamp introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to improve the oversight of contracts awarded by the
			 Secretary of Veterans Affairs to small business concerns owned and
			 controlled by veterans.

 1.Short titleThis Act may be cited as the Protecting Business Opportunities for Veterans Act of 2015. 2.Limitations on subcontracts under contracts with small business concerns owned and controlled by veterans (a)In generalSection 8127 of title 38, United States Code, is amended—
 (1)by redesignating subsection (l) as subsection (m); and (2)by inserting after subsection (k) the following new subsection (l):

						(l)Limitations on subcontracting
							(1)
 (A)The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran that is awarded a contract that is counted for purposes of meeting the goals under subsection (a).
 (B)For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term similarly situated entity used in such section 46 includes a subcontractor for a small business concern owned and controlled by a veteran with a service-connected disability or a small business concern owned and controlled by a veteran described in such subparagraph (A).
 (2)Before awarding a contract that is counted for purposes of meeting the goals under subsection (a), the Secretary shall obtain from an offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall—
 (A)specify the exact performance requirements applicable under such paragraph; and (B)explicitly acknowledge that the certification is subject to section 1001 of title 18.
 (3)If the Secretary determines that a small business concern that is awarded a contract that is counted for purposes of meeting the goals under subsection (a) did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to the penalties specified in—
 (A)section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (B)section 1001 of title 18.
								(4)
 (A)The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or any other systems available, to monitor compliance with this subsection. The Director and the Chief Acquisition Officer shall jointly refer any violations of this subsection to the Inspector General of the Department.
 (B)Not later than November 30 of each year, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report—
 (i)the number of referred violations received under subparagraph (A); and (ii)the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution..
 (b)Effective dateSubsection (l) of section 8127 of title 38, United States Code, as added by subsection (a) shall apply with respect to a contract entered into after the date of the enactment of this Act.


		II
		112th CONGRESS
		1st Session
		S. 1551
		IN THE SENATE OF THE UNITED STATES

			September 13, 2011
			Mr. Kirk (for himself,
			 Mr. Alexander, Mr. Rubio, and Mr.
			 Wyden) introduced the following bill; which was read twice and
			 referred to the Committee on
			 Finance

		A BILL
		To establish a smart card pilot program under the
		  Medicare program.

		1.Short
			 titleThis Act may be cited as
			 the Medicare Common Access Card Act of
			 2011.
		2.Secure Medicare
			 card pilot program
			(a)Pilot program
			 implementation (Phase I)
				(1)In
			 generalNot later than 18 months after the date of the enactment
			 of this Act, the Secretary shall conduct a pilot program under title XVIII of
			 the Social Security Act for the purpose of utilizing smart card technology for
			 Medicare beneficiary and provider identification cards in order to—
					(A)increase the
			 quality of care furnished to Medicare beneficiaries;
					(B)improve the
			 accuracy and efficiency in the billing for Medicare items and services
			 furnished by Medicare providers;
					(C)reduce the
			 potential for identity theft and other unlawful use of Medicare beneficiary and
			 provider identifying information; and
					(D)reduce waste,
			 fraud, and abuse in the Medicare program.
					(2)Site
			 requirementsThe Secretary shall conduct the pilot program in at
			 least 5 geographic areas in which the Secretary determines there is a high risk
			 for waste, fraud, or abuse.
				(3)Design of pilot
			 programIn designing the pilot program, the Secretary shall
			 provide for the following:
					(A)Implementation of
			 a system that utilizes a smart card as a Medicare identification card for
			 Medicare beneficiaries and Medicare providers. Such a card shall contain
			 appropriate security features and protect personal privacy.
					(B)Issuance of a new
			 smart card to all Medicare beneficiaries participating in the pilot program.
			 Such card shall not have the Social Security number printed on the front but,
			 instead shall have such number stored securely on the smart card chip along
			 with other information the Secretary deems necessary.
					(C)Issuance of a new
			 provider card to all Medicare providers participating in the pilot program.
			 Such card shall include a photograph of the provider and shall not have the
			 Medicare provider number printed on the front of the card but, instead shall
			 have such number stored securely on the smart card chip along with other
			 information the Secretary deems necessary.
					(D)A process for
			 enrollment of all Medicare providers that includes—
						(i)identity and
			 certification verification; and
						(ii)utilization of
			 biometric data, such as fingerprints, for provider identification and
			 authentication.
						(E)A process under
			 which the cards issued under subparagraphs (B) and (C) are used by both
			 Medicare beneficiaries and Medicare providers to verify eligibility, prevent
			 fraud, and authorize transactions.
					(F)Distribution of
			 necessary equipment, including cards, card readers, kiosks, biometric readers,
			 and other materials or documents to Medicare beneficiaries and providers at no
			 cost to them.
					(G)Regular
			 monitoring and review by the Secretary of Medicare providers’ Medicare billings
			 and Medicare beneficiaries’ Medicare records in order to identify and address
			 inaccurate charges and instances of waste, fraud, or abuse.
					(H)Reporting
			 mechanisms for measuring the cost savings to the Medicare program by reason of
			 the pilot program.
					(I)Include
			 provisions—
						(i)to
			 ensure that all devices and systems utilized as part of the pilot program
			 comply with standards for identity credentials and biometric data developed by
			 the American National Standards Institute and the National Institute of
			 Standards and Technology and Federal requirements relating to interoperability
			 and information security, including all requirements under the Health Insurance
			 Portability and Accountability Act of 1996;
						(ii)to
			 ensure that a Medicare beneficiary’s and provider’s personal identifying,
			 health, and other information is protected from unauthorized access or
			 disclosure through the use of at least two-factor authentication;
						(iii)for the
			 development of procedures and guidelines for the use of identification cards,
			 card readers, kiosks, biometric data and readers, and other equipment to verify
			 a Medicare beneficiary’s identity and eligibility for services;
						(iv)to
			 ensure that each Medicare beneficiary and provider participating in the pilot
			 program is informed of—
							(I)the purpose of
			 the program;
							(II)the processes
			 for capturing, enrolling, and verifying their eligibility and, with respect to
			 providers, their biometric data;
							(III)the manner in
			 which the biometric data for providers will be used; and
							(IV)the steps that
			 will be taken to protect personal identifying, health, and other information
			 from unauthorized access and disclosure;
							(v)for
			 addressing problems related to the loss, theft, or malfunction of or damage to
			 equipment and any identifying documents or materials provided by the
			 Secretary;
						(vi)for development
			 of a hotline, Web site, or other means by which Medicare beneficiaries and
			 providers can contact the Secretary for assistance; and
						(vii)for addressing
			 problems related to accessing care outside the pilot area and cases where the
			 individual faces issues related to physical or other capacity
			 limitations.
						(4)PrivacyInformation on the smart card shall only be
			 disclosed if the disclosure of such information is permitted under the Federal
			 regulations (concerning the privacy of individually identifiable health
			 information) promulgated under section 264(c) of the Health Insurance
			 Portability and Accountability Act of 1996.
				(5)Disclosure exemptionInformation on the smart card shall be
			 exempt from disclosure under section 552(b)(3) of title 5, United States
			 Code.
				(b)Expanded
			 implementation (Phase II)Taking
			 into account the interim report under subsection (d)(2) the Secretary shall,
			 through rulemaking, expand the duration and the scope of the pilot program, to
			 the extent determined appropriate by the Secretary.
			(c)Waiver
			 authorityThe Secretary may waive such provisions of titles XI
			 and XVIII of the Social Security Act as the Secretary determines to be
			 appropriate for the conduct of the pilot program.
			(d)Reports to
			 Congress
				(1)PlanNot
			 later than 6 months after the date of the enactment of this Act, the Secretary
			 shall submit to Congress a report that contains a description of the design and
			 development of the pilot program, including the Secretary’s plan for
			 implementation.
				(2)Interim
			 reportNot later than 1 year after the pilot program is first
			 implemented, the Secretary shall conduct an evaluation of the pilot program and
			 submit an interim report to Congress. Such an evaluation shall include an
			 initial analysis of the deployment of the program, the usability of the card
			 system, and the measures taken to protect beneficiary and provider
			 information.
				(3)Additional
			 reportNot later than 2 years after the date that the pilot
			 program is first implemented, the Secretary shall submit to Congress a report
			 on the pilot program. Such report shall contain a detailed description of
			 issues related to the expansion of the program under subsection (b) and
			 recommendations for such legislation and administrative actions as the
			 Secretary considers appropriate for implementation of the program on a
			 nationwide basis.
				(e)FundingThere
			 are appropriated, from amounts in the Treasury not otherwise appropriated,
			 $29,000,000 for the design, implementation, and evaluation of the pilot
			 program. Amounts appropriated under the preceding sentence shall remain
			 available until expended.
			(f)DefinitionsIn
			 this section:
				(1)Medicare
			 beneficiaryThe term Medicare beneficiary means an
			 individual entitled to, or enrolled for, benefits under part A of title XVIII
			 of the Social Security Act or enrolled for benefits under part B of such
			 title.
				(2)Medicare
			 programThe term Medicare program means the health
			 benefits program under title XVIII of the Social Security Act.
				(3)Medicare
			 providerThe term Medicare provider means a provider
			 of services (as defined in subsection (u) of section 1861 of the Social
			 Security Act (42 U.S.C. 1395x)) and a supplier (as defined in subsection (d) of
			 such section), including a supplier of durable medical equipment and
			 supplies.
				(4)Pilot
			 programThe term pilot program means the pilot
			 program conducted under this section.
				(5)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				(6)Smart
			 cardThe term smart card means a secure, electronic,
			 machine readable, fraud-resistant, tamper-resistant card that includes an
			 embedded integrated circuit chip with a secure micro-controller.
				(g)Revision of
			 Medicare Improvement FundSection 1898(b)(1) of the Social
			 Security Act (42
			 U.S.C. 1395iii(b)(1)) is amended—
				(1)by striking subparagraphs (A) and (B) and
			 inserting the following subparagraph:

						(A)fiscal year 2015, $246,000,000;
				and
						;
				and
				(2)by redesignating
			 subparagraph (C) as subparagraph (B).


114 S2590 IS: Hallways to Health Act
U.S. Senate
2016-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 2590
		IN THE SENATE OF THE UNITED STATES

			February 25, 2016
			Ms. Stabenow (for herself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XXI of the Social Security Act to improve access to, and the delivery of, children's
			 health services through school-based health centers, and for other
			 purposes.

		1.Short title
 This Act may be cited as the Hallways to Health Act.
 2.School-based health centersTitle XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following new section:

				2114.Grants and programs to improve access to, and the delivery of, children's health services through
			 school-based
			 health centers
					(a)Grants to school-Based health centers To encourage children  To adopt healthy behaviors
 (1)EstablishmentNot later than 18 months after the date of enactment of this subsection, the Secretary shall publish criteria to enable school-based health centers to apply for grants for the purpose of assisting eligible children under this title and title XIX and other children by providing funding for community health workers to facilitate children's access to services that encourage children to adopt healthy behaviors and to improve the quality and cultural competence of the delivery of such services. Not later than 2 years after such date, the Secretary shall award grants to school-based health centers for such purposes.
 (2)RequirementsA school-based health center that employs individuals who meet the Bureau of Labor Statistics standard occupational definition of health educator (21–1091 or any successor classification number) or community health worker (21–1094 or any successor classification number) shall be eligible for a grant under this subsection.
						(3)Reporting
 (A)By granteesA grantee under this subsection shall annually submit to the Secretary a report containing a description of the services provided under the grant, the data collected with respect to such services, a description of the efficacy of such services, any other information determined appropriate by the Secretary.
 (B)By secretaryThe Secretary biennially shall submit to Congress a report on the efficacy of the grant program established under this subsection.
 (4)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Funds appropriated under the preceding sentence shall remain available until expended..
		3.Establishment and expansion of demonstration programs to provide tele-health services at
 school-based health centersSection 2114 of the Social Security Act (as added by section 2), is amended by adding at the end the following new subsection:

				(b)Establishment and expansion of tele-Health services demonstration programs
 (1)EstablishmentNot later than 18 months after the date of enactment of this subsection, the Secretary shall publish criteria for the establishment of a demonstration program to provide new tele-health services, or to expand existing tele-health service programs, located at school-based health centers. A school-based health center's receipt of funds under the demonstration program under this subsection shall not preclude the school-based health center from being reimbursed by public or private health insurance programs according to State law and regulation for items and services furnished by or through the center.
 (2)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Funds appropriated under the preceding sentence shall remain available until expended..
		4.Assurance of payment under Medicaid and CHIP for covered items and services furnished by certain
			 school-based health centers
 (a)State plan requirementSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph:

 (78)provide that the State shall certify to the Secretary that the State has implemented procedures to pay for medical assistance (including care and services described in subsections (a)(4)(B) and (r) of section 1905 and provided in accordance with section 1902(a)(43)) furnished in a school-based health center (as defined in section 2110(c)(9)), if payment would be made under the State plan for the same items and services if furnished in a physician's office or other outpatient clinic (including if such payment would be included in the determination of a prepaid capitation or other risk-based rate of payment to an entity under a contract pursuant to section 1903(m));.
 (b)Application to CHIPSection 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended— (1)by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and
 (2)by inserting after subparagraph (D), the following new subparagraph:  (E)Section 1902(a)(78) (relating to procedures to ensure payment for covered services furnished in a school-based health center)..
 (c)Effective dateThe amendments made by this section take effect on October 1, 2016. 5.Other improvements (a)In generalSection 399Z–1 of the Public Health Service Act (42 U.S.C. 280h–5) is amended—
 (1)in subsection (a)(1), in the matter preceding subparagraph (A), by inserting either in person or via telehealth, after health centers,; (2)in subsection (a)(3)(A), by inserting before the semicolon the following: , and include universities, accountable care organizations, and behavioral health organizations;
 (3)in subsection (c)(2)(C)(4), by inserting and health education after health services; (4)in subsection (e), by striking may— and all that follows through the end and inserting may, upon a showing of good cause, waive the requirement that the SBHC provide all required comprehensive primary health services for a period of not to exceed 2 years.;
 (5)in subsection (i), by inserting before the period the following: , including using existing quality performance measures funded by the Federal Government for such entities;
 (6)in subsection (l)— (A)by striking 2014 and inserting 2021; and
 (B)by redesignating such subsection as subsection (n); and (7)by inserting after subsection (k), the following:

 (l)Technical assistanceThe Secretary, acting directly or through the awarding of grants or contracts to private, nonprofit entities shall establish or support existing State school-based health center resource centers that—
 (1)provide advocacy, training, and technical assistance to school-based health centers, including maximizing Federal and State resources;
 (2)support the development of school-based health centers; and (3)enhance the operations and performance of school-based health centers.
 (m)Authorization of appropriationsFor purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary..
 (b)Covered entitySection 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the following:

 (P)A school-based health center.. (c)Qualified health plansSection 1311(c)(1)(C) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(1)(C)) is amended by inserting , providers defined in section 2110(c)(9) of the Social Security Act, after Public Health Service Act.