109 HR 2109 IH: To direct the Administrator of the Environmental Protection Agency to carry out certain authorities under an agreement with Canada respecting the importation of municipal solid waste, to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes.
U.S. House of Representatives
2005-05-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2109
IN THE HOUSE OF REPRESENTATIVES

May 4, 2005
Mr. Stupak (for himself, Mr. Dingell, Mr. Kildee, Mr. Conyers, Mr. Brown of Ohio, Mr. Levin, Mr. Gene Green of Texas, and Ms. Baldwin) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Administrator of the Environmental Protection Agency to carry out certain authorities under an agreement with Canada respecting the importation of municipal solid waste, to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes.

1.Canadian transboundary movement of municipal solid waste
(a)AmendmentSubtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section:

4011.Canadian transboundary movement of municipal solid waste
(a)ProhibitionNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement.
(b)Administrator’s authorityThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Beginning immediately upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall—
(1)give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and
(2)consider the impact of the importation on—
(A)continued public support for and adherence to State and local recycling programs;
(B)landfill capacity as provided in comprehensive waste management plans;
(C)air emissions from increased vehicular traffic;
(D)road deterioration from increased vehicular traffic; and
(E)public health and the environment.
(c)Compliance orders
(1)Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction.
(2)Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
(d)Public hearingAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
(e)Violation of compliance ordersIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order..
(b)Table of contents amendmentThe table of contents of such subtitle D is amended by adding at the end the following new item:

Sec. 4011. Canadian transboundary movement of municipal solid waste.
2.Interstate and international transportation and disposal of municipal solid waste
(a)In generalSubtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is further amended by adding at the end the following new section:

4012.International transportation and disposal of municipal solid waste
(a)AuthorityA State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste.
(b)Effect on Interstate and foreign commerceNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce.
(c)DefinitionsFor purposes of this section:
(1)Foreign municipal solid wasteThe term foreign municipal solid waste means municipal solid waste generated outside of the United States.
(2)Municipal solid waste
(A)Waste includedExcept as provided in subparagraph (B), the term municipal solid waste means—
(i)all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and
(ii)all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials—
(I)are essentially the same as materials described in clause (i); and
(II)were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures.
(B)Waste not includedThe term municipal solid waste does not include any of the following:
(i)Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste.
(ii)Any solid waste, including contaminated soil and debris, resulting from—
(I)a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606);
(II)a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or
(III)a corrective action taken under this Act.
(iii)Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal.
(iv)Scrap rubber to be used as a fuel source.
(v)Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse.
(vi)Any solid waste that is—
(I)generated by an industrial facility; and
(II)transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site.
(vii)Any medical waste that is segregated from or not mixed with solid waste.
(viii)Sewage sludge and residuals from any sewage treatment plant.
(ix)Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households..
(b)Table of contents amendmentThe table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is further amended by adding at the end the following new item:

Sec. 4012. International transportation and disposal of municipal solid waste.


110 HRES 1106 EH: Expressing support for designation of April 2008 as
U.S. House of Representatives
2008-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
2d Session
H. RES. 1106
In the House of Representatives, U. S.,

May 21, 2008

RESOLUTION
Expressing support for designation of April 2008 as National Autism Awareness Month and supporting efforts to devote new resources to research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism.

Whereas autism is a developmental disorder that is typically diagnosed during the first 3 years of life, robbing individuals of their ability to communicate and interact with others;
Whereas autism affects an estimated 1 in every 150 children in the United States;
Whereas autism is four times more likely to occur in boys than in girls;
Whereas autism can affect anyone, regardless of race, ethnicity, or other factors;
Whereas it costs approximately $80,000 per year to treat an individual with autism in a medical center specializing in developmental disabilities;
Whereas the cost of special education programs for school-age children with autism is often more than $30,000 per individual per year;
Whereas the cost nationally of caring for persons affected by autism is estimated at upwards of $90,000,000,000 per year;
Whereas despite the fact that autism is one of the most common developmental disorders, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat the disorder; and
Whereas April 2008 would be an appropriate month to designate as National Autism Awareness Month to increase public awareness of the need to support individuals with autism and the family members and medical professionals who care for individuals with autism: Now, therefore, be it

That the United States House of Representatives—
(1)expresses support for designation of a National Autism Awareness Month;
(2)recognizes and commends the parents and relatives of children with autism for their sacrifice and dedication in providing for the special needs of children with autism and for absorbing significant financial costs for specialized education and support services;
(3)supports the goal of devoting new resources to researching the root causes of autism, identifying the best methods of early intervention and treatment, expanding programs for individuals with autism across their lifespans, and promoting understanding of the special needs of people with autism;
(4)stresses the need to begin early intervention services soon after a child has been diagnosed with autism, noting that early intervention strategies are the primary therapeutic options for young people with autism, and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life;
(5)recognizes the shortage of appropriately trained teachers who have the skills and support necessary to teach, assist, and respond to special needs students, including those with autism, in our school systems; and
(6)recognizes the importance of worker training programs that are tailored to the needs of developmentally disabled persons, including those with autism, and notes that people with autism can be, and are, productive members of the workforce if they are given appropriate support, training, and early intervention services.

Lorraine C. Miller,Clerk.


117 HR 5073 IH: Revising and Expediting Actions for the Crisis Hotline for Veterans Act
U.S. House of Representatives
2021-08-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5073IN THE HOUSE OF REPRESENTATIVESAugust 23, 2021Mr. Delgado (for himself, Mr. Mann, Ms. Sherrill, and Mrs. Miller-Meeks) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo improve the Veterans Crisis Line of the Department of Veterans Affairs, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Revising and Expediting Actions for the Crisis Hotline for Veterans Act or the REACH for Veterans Act.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Veterans Crisis Line training and quality managementSubtitle A—Staff trainingSec. 101. Review of training for Veterans Crisis Line call responders.Sec. 102. Retraining guidelines for Veterans Crisis Line call responders.Subtitle B—Quality review and managementSec. 111. Monitoring of calls on Veterans Crisis Line.Sec. 112. Quality management processes for Veterans Crisis Line.Sec. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide.Subtitle C—Guidance for high-Risk callersSec. 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk.Sec. 122. Review and improvement of standards for emergency dispatch.Subtitle D—Oversight and clarification of staff roles and responsibilitiesSec. 131. Oversight of training of social service assistants and clarification of job responsibilities.TITLE II—Pilot programs and research on Veterans Crisis LineSubtitle A—Pilot programsSec. 201. Extended safety planning pilot program for Veterans Crisis Line.Sec. 202. Crisis line facilitation pilot program.Subtitle B—Research on effectivenessSec. 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line.TITLE III—Transition of crisis line numberSec. 301. Feedback on transition of crisis line number.2.DefinitionsIn this Act:(1)DepartmentThe term Department means the Department of Veterans Affairs.(2)SecretaryThe term Secretary means the Secretary of Veterans Affairs.(3)Veterans Crisis LineThe term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.IVeterans Crisis Line training and quality managementAStaff training101.Review of training for Veterans Crisis Line call responders(a)In generalThe Secretary shall enter into an agreement with an organization outside the Department, such as the American Association of Suicidology, to review the training for Veterans Crisis Line call responders on assisting callers in crisis.(b)Completion of reviewThe review conducted under subsection (a) shall be completed not later than one year after the date of the enactment of this Act. (c)Elements of reviewThe review conducted under subsection (a) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch.(d)Update of trainingIf any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under subsection (a), the Secretary shall update such training and associated standards of practice to correct those deficiencies not later than one year after the completion of the review. 102.Retraining guidelines for Veterans Crisis Line call responders(a)In generalNot later than one year after the date of the enactment of this Act, the Secretary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement.(b)Elements of guidelinesThe guidelines developed under subsection (a) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms.BQuality review and management111.Monitoring of calls on Veterans Crisis Line(a)In generalThe Secretary shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call.(b)BenchmarksThe Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls.(c)Quarterly reportsNot less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.112.Quality management processes for Veterans Crisis LineNot later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls.113.Annual common cause analysis for callers to Veterans Crisis Line who die by suicide(a)In generalNot less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact.(b)Submittal of resultsThe Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under subsection (a).(c)Application of themes or lessonsThe Secretary shall apply any themes or lessons learned under an analysis under subsection (a) to updating training and standards of practice for staff of the Veterans Crisis Line.CGuidance for high-Risk callers121.Development of enhanced guidance and procedures for response to calls related to substance use and overdose riskNot later than one year after the date of the enactment of this Act, the Secretary, in consultation with national experts within the Department on substance use disorder and overdose, shall—(1)develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk;(2)update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and(3)update criteria for monitoring compliance with such enhanced guidance and procedures.122.Review and improvement of standards for emergency dispatch(a)In generalNot later than one year after the date of the enactment of this Act, the Secretary shall—(1)review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regarding—(A)emergency dispatch for disconnected callers; and(B)the role of social service assistants in requesting emergency dispatch and recording such dispatches; and(2)update such procedure to include the additions identified under paragraph (1).(b)TrainingThe Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under subsection (a)(2) to the emergency dispatch standard operating procedure of the Veterans Crisis Line.DOversight and clarification of staff roles and responsibilities131.Oversight of training of social service assistants and clarification of job responsibilitiesNot later than one year after the date of the enactment of this Act, the Secretary shall—(1)establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and(2)refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line.IIPilot programs and research on Veterans Crisis LineAPilot programs201.Extended safety planning pilot program for Veterans Crisis Line(a)In generalCommencing not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line.(b)BriefingNot later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program.202.Crisis line facilitation pilot program(a)In generalCommencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans.(b)BriefingNot later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program.(c)DefinitionsIn this section:(1)Crisis line facilitationThe term crisis line facilitation, with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line.(2)High-risk veteranThe term high-risk veteran means a veteran receiving inpatient mental health care following a suicidal crisis.BResearch on effectiveness211.Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis LineThere is authorized to be appropriated to the Secretary $5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line.IIITransition of crisis line number301.Feedback on transition of crisis line number(a)In generalThe Secretary shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line.(b)Nonapplication of FACAThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any feedback solicited under subsection (a).(c)Veterans service organization definedIn this section, the term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.


		II
		112th CONGRESS
		2d Session
		S. 2221
		IN THE SENATE OF THE UNITED STATES

			March 21, 2012
			Mr. Thune (for himself,
			 Mr. Moran, Mr.
			 McCain, Mr. Tester,
			 Mr. Rubio, Mr.
			 Paul, Mr. Toomey,
			 Mr. Wicker, Mr.
			 Sessions, Mr. Vitter,
			 Mr. Lee, Mr.
			 McConnell, Ms. Ayotte,
			 Mr. Barrasso, Mr. Blunt, Mr.
			 Boozman, Mr. Burr,
			 Mr. Chambliss, Mr. Cochran, Mr.
			 Coats, Mr. Crapo,
			 Mr. DeMint, Mr.
			 Enzi, Mr. Graham,
			 Mr. Cornyn, Mr.
			 Grassley, Mr. Coburn,
			 Mr. Hoeven, Mr.
			 Inhofe, Mr. Isakson,
			 Mr. Johanns, Mr. Hatch, Mr.
			 Kirk, Mr. Kyl,
			 Mr. Lugar, Mr.
			 Johnson of Wisconsin, Mr.
			 Risch, Mr. Roberts, and
			 Mr. Alexander) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To prohibit the Secretary of Labor from finalizing a
		  proposed rule under the Fair Labor Standards Act of 1938 relating to child
		  labor.

		1.Short title and
			 Findings
			(a)Short
			 titleThis Act may be cited
			 as the Preserving America’s Family
			 Farms Act.
			(b)FindingsCongress finds that—
				(1)family farms often depend on the
			 contributions of youth for their successful operation;
				(2)regulations
			 proposed to be adopted by the Department of Labor will adversely impact the
			 longstanding tradition of youth working on farms to gain valuable skills and
			 lessons on hard work, character, and leadership;
				(3)the proposed
			 regulations would be detrimental to the opportunity for youth to gain
			 experiential learning and hands-on skills for enrollment in vocational
			 agricultural training;
				(4)the proposed
			 regulations would obstruct the opportunity for youth to find rewarding
			 employment and earn money for a college education or other meaningful
			 purposes;
				(5)the proposed
			 regulations will limit opportunities to recruit young farmers to agriculture at
			 a time when the average age of farmers continues to rise; and
				(6)working on a farm
			 has become a way of life for thousands of youth across the rural United
			 States.
				2.Rule relating to
			 child laborThe Secretary of
			 Labor shall not finalize or enforce the proposed rule entitled Child
			 Labor Regulations, Orders and Statements of Interpretation; Child Labor
			 Violations—Civil Money Penalties (published at 76 Fed. Reg. 54836
			 (September 2, 2011)).


		I
		111th CONGRESS
		1st Session
		H. R. 3896
		IN THE HOUSE OF REPRESENTATIVES

			October 21, 2009
			Mrs. Emerson
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  improve access to health care for individuals residing in underserved rural
		  areas, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited
			 as the Rural Health Clinic Patient
			 Access and Improvement Act of 2009.
			(b)Table of
			 ContentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Rural health clinic reimbursement.
					Sec. 3. Rural health clinic quality reporting
				initiative.
					Sec. 4. Rural health clinic and community health center
				collaborative access expansion.
					Sec. 5. GAO report on diabetes education and medical nutrition
				therapy services.
					Sec. 6. Rural health clinic provider retention demonstration
				project.
					Sec. 7. Definition of rural health clinic.
					Sec. 8. Medicare Advantage plan payments.
					Sec. 9. Sense of the Senate regarding adequacy of network-based
				health plans.

			2.Rural health
			 clinic reimbursementSection
			 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended—
			(1)in paragraph (1),
			 by striking , and at the end and inserting a semicolon;
			(2)in paragraph
			 (2)—
				(A)by striking
			 in a subsequent year and inserting after 1988 and before
			 2010; and
				(B)by striking the
			 period at the end and inserting a semicolon; and
				(3)by adding at the
			 end the following new paragraphs:

					(3)in 2010, at $92
				per visit; and
					(4)in a subsequent
				year, at the limit established under this subsection for the previous year
				increased by the percentage increase in the MEI (as defined in section
				1842(i)(3)) applicable to primary care services (as defined in section
				1842(i)(4)) furnished as of the first day of that
				year.
					.
			3.Rural health
			 clinic quality reporting initiativeSection 1833 of the Social Security Act (42
			 U.S.C. 1395l) is amended by adding at the end the following new
			 subsection:

				(x)Incentive
				Payments for Rural Health Clinic Quality Reporting
					(1)In
				GeneralThe Secretary shall implement a system to provide
				incentive payments for the satisfactory reporting of data on quality measures
				by eligible professionals, as defined in subsection (k)(3)(B) of section 1848,
				who are employed by a rural health clinic or provide services in a rural health
				clinic through a contractual arrangement, similar to the reporting system for
				covered professional services as established under subsections (k) and (m) of
				such section.
					(2)Amount;
				DurationIncentive payments in the amount of $2 per visit shall
				be made to rural health clinics with respect to eligible professionals who
				furnish rural health clinic services during the period beginning on January 1,
				2010, and ending on December 31, 2013.
					(3)Payment from
				Trust FundThe incentive payments provided under this subsection
				shall be made available from the Federal Supplementary Medical Insurance Trust
				Fund under section 1841.
					(4)Payment
				LimitsIncentive payments made under this subsection shall not be
				subject to the payment limits established under subsection (f).
					(5)Single
				FormThe Secretary shall provide rural health clinics that
				participate in the quality reporting system under this subsection with a single
				form for submission of data on quality measures and reimbursement claim
				information.
					(6)ReportingNot
				later than December 31, 2012, the Secretary shall prepare and submit a report
				to Congress on the quality reporting system established under this subsection,
				including—
						(A)the number and
				types of services involved in the system;
						(B)the number of
				rural health clinics participating in the system;
						(C)the overall
				quality of care that was delivered by the rural health clinics during this
				period;
						(D)the patient
				outcomes under the system;
						(E)recommendations
				for improving the system; and
						(F)any additional
				related matters that the Secretary determines
				appropriate.
						.
		4.Rural health
			 clinic and community health center collaborative access expansionSection 330 of the Public Health Service Act
			 (42 U.S.C. 254b) is amended by adding at the end the following:

				(s)Rule of
				construction with respect to rural health clinics
					(1)In
				generalNothing in this section shall be construed to prevent a
				community health center from contracting with a federally certified rural
				health clinic (as defined by section 1861(aa)(2) of the Social Security Act)
				for the delivery of primary health care services that are available at the
				rural health clinic to individuals who would otherwise be eligible for free or
				reduced cost care if that individual were able to obtain that care at the
				community health center. Such services may be limited in scope to those primary
				health care services available in that rural health clinic.
					(2)AssurancesIn
				order for a rural health clinic to receive funds under this section through a
				contract with a community health center under paragraph (1), such rural health
				clinic shall establish policies to ensure—
						(A)nondiscrimination
				based upon the ability of a patient to pay; and
						(B)the establishment
				of a sliding fee scale for low-income
				patients.
						.
		5.GAO report on
			 diabetes education and medical nutrition therapy servicesNot later than July 1, 2012, the Comptroller
			 General of the United States shall submit to the Committee on Health,
			 Education, Labor, and Pensions of the Senate and the Committee on Energy and
			 Commerce of the House of Representatives a report concerning the medical
			 nutrition therapy counseling services provided by federally qualified health
			 clinics. Such report shall specifically examine—
			(1)the availability,
			 health provider cost, reimbursement amount, and barriers to diabetes education
			 and medical nutrition therapy services in federally qualified health
			 clinics;
			(2)the availability,
			 health provider cost, reimbursement amount, and quality outcomes of diabetes
			 education and medical nutrition therapy services in rural and frontier
			 areas;
			(3)the feasibility of
			 implementing diabetes education and medical nutrition therapy services in rural
			 health clinics; and
			(4)to the extent
			 practical, analyze existing health outcomes and cost savings attributed to
			 diabetes education and medical nutrition therapy services provided by federally
			 qualified health centers and the potential health outcomes and cost savings if
			 those services are offered in rural health clinics.
			6.Rural health
			 clinic provider retention demonstration project
			(a)In
			 GeneralThe Secretary shall establish a demonstration project
			 under which States are awarded grants to examine whether health care
			 professionals can be recruited or retained to work in underserved rural areas
			 by providing such professionals with medical malpractice subsidies.
			(b)Duration;
			 ScopeThe demonstration project shall be conducted—
				(1)for a 3-year
			 period, beginning not later than January 1, 2011; and
				(2)in not more than 5
			 States.
				(c)State
			 ApplicationA State that desires to receive a grant under the
			 demonstration project shall submit to the Secretary an application at such
			 time, in such manner, and containing such information as the Secretary may
			 require, including adequate assurances that the State—
				(1)promotes the
			 establishment and continued maintenance of rural health clinics within the
			 State; and
				(2)is working to
			 improve access to primary care and other health care services for rural
			 residents of the State.
				(d)State
			 SelectionIn awarding grants to States under this section, the
			 Secretary shall—
				(1)ensure the
			 participation of States with a diverse selection of rural health clinics,
			 including clinics with 3 or less full-time equivalent physicians, physician
			 assistants, and nurse practitioners;
				(2)ensure the
			 participation of States that maintain both provider-based and independent rural
			 health clinics;
				(3)give preference to
			 States with existing State-funded medical malpractice subsidy programs;
			 and
				(4)give preference to
			 States with 15 or more rural health clinics.
				(e)Distribution of
			 Grant Funds by States to Rural Health Clinics
				(1)In
			 GeneralA State awarded a grant under the demonstration project
			 shall, acting through the State Office of Rural Health, select not less than 5
			 rural health clinics to receive grant funds for the purpose of subsidizing
			 medical malpractice insurance costs for health care professionals employed by
			 such clinics.
				(2)Rural Health
			 Clinic ApplicationA rural health clinic that desires to receive
			 a grant from the State under the demonstration project shall submit to the
			 State Office of Rural Health an application at such time, in such manner, and
			 containing such information as the Secretary may require, including assurances
			 that the clinic shall—
					(A)provide access to
			 health care services for all individuals, regardless of ability to pay;
					(B)establish a
			 sliding fee scale for low-income patients;
					(C)make health care
			 services available to individuals for not less than 20 hours per week;
			 and
					(D)meet any other
			 requirements established by the Secretary to ensure proper and efficient use of
			 grant funds.
					(3)Required Clinic
			 ParticipationA State awarded a grant under the demonstration
			 project shall provide grant funds to at least 1 provider-based rural health
			 clinic and at least 1 independent rural health clinic.
				(4)Distribution of
			 Grant Funds
					(A)In
			 GeneralSubject to paragraph (B), a State shall provide each
			 rural health clinic participating in the demonstration project with the lesser
			 of—
						(i)$5,000; or
						(ii)50
			 percent of the aggregate cost of malpractice insurance purchased by each
			 physician, physician assistant, nurse practitioner, and certified nurse midwife
			 (or purchased by the rural health clinic on behalf of each physician, physician
			 assistant, nurse practitioner, and certified nurse midwife) who, on a weekly
			 basis, provides patient care services at the rural health clinic for an average
			 of not less than—
							(I)20 hours per week;
			 or
							(II)80 percent of the
			 operational hours of the clinic.
							(B)Special Rule for
			 Obstetrics and GynecologySubject to subparagraph (C), in the
			 case of a rural health clinic participating in the demonstration project that
			 provides obstetrical services, a State shall provide such clinic with the
			 lesser of—
						(i)$10,000; or
						(ii)50
			 percent of the aggregate cost of malpractice insurance purchased by each
			 physician, physician assistant, nurse practitioner, and certified nurse midwife
			 (or purchased by the rural health clinic on behalf of each physician, physician
			 assistant, nurse practitioner, and certified nurse midwife) who provides
			 obstetrical services at the rural health clinic.
						(C)Amount of
			 Obstetrical CareThe Administrator of the Office of Rural Health
			 Policy of the Health Resources and Services Administration shall develop
			 standards for the amount of obstetrical care that a rural health clinic would
			 have to provide in order to qualify for a grant under subparagraph (B).
					(f)Reporting
				(1)Annual
			 Evaluations and ReportsThe Secretary, acting through the
			 Administrator of the Office of Rural Health Policy of the Health Resources and
			 Services Administration, shall provide for an annual evaluation of the
			 demonstration project and submit to Congress a report on the status of the
			 project.
				(2)Final Evaluation
			 and ReportNot later than 12 months after completion of the
			 demonstration project, the Secretary, acting through the Administrator of the
			 Office of Rural Health Policy of the Health Resources and Services
			 Administration, shall prepare and submit to Congress a final report and
			 evaluation of the project. The report shall include—
					(A)an assessment of
			 the effectiveness of the project at recruiting and retaining health care
			 professionals in underserved rural areas;
					(B)an assessment of
			 the feasibility and efficacy of an expansion of the project to all States;
			 and
					(C)an evaluation of
			 the project in comparison with an expansion of coverage under chapter 171 of
			 title 28, United States Code (commonly referred to as the Federal Tort
			 Claims Act) to include rural health clinics as a means of recruiting
			 and retaining health care professionals in underserved rural areas.
					(g)DefinitionsIn
			 this section:
				(1)Certified Nurse
			 MidwifeThe term certified nurse midwife has the
			 same meaning given such term in section 1861(gg)(2) of the Social Security Act
			 (42 U.S.C. 1395x(gg)(2)).
				(2)Demonstration
			 ProjectThe term demonstration project means the
			 demonstration project conducted under this section.
				(3)Nurse
			 Practitioner; Physician Assistant; Rural Health ClinicThe terms
			 nurse practitioner, physician assistant, and
			 rural health clinic have the same meaning given such terms in
			 section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)).
				(4)PhysicianThe
			 term physician has the same meaning given such term in section
			 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)).
				(5)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				7.Definition of
			 rural health clinicSection
			 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is amended in
			 the flush text by inserting before the last sentence the following: A
			 facility that is in operation, that qualifies as a rural health clinic under
			 this title or title XIX and that subsequently fails to satisfy the requirement
			 in clause (i) that the clinic is not located in an urbanized area, shall, with
			 respect to services furnished on or after the date of enactment of the Rural
			 Health Clinic Patient Access and Improvement Act of 2009, be considered, for
			 purposes of this title and title XIX, as still satisfying such requirement if
			 it is determined that the clinic is located in an area defined by the State and
			 certified by the Secretary as rural..
		8.Medicare
			 Advantage plan payments
			(a)In
			 GeneralSection 1857(e) of the Social Security Act (42 U.S.C.
			 1395w–27(e)) is amended by adding at the end the following:

					(4)Minimum Payment
				Rate for Services Furnished by a Rural Health ClinicA contract
				under this section between a Medicare Advantage organization and the Secretary
				for the offering of a Medicare Advantage plan shall require the organization to
				provide for a payment rate under the plan for rural health clinic services
				furnished to enrollees of the plan (whether or not the services are furnished
				pursuant to an agreement between the organization and a rural health clinic)
				that is not less than—
						(A)the applicable
				payment rate established under part A or part B (which includes the payment of
				an interim rate and a subsequent cost reconciliation) with respect to the rural
				health clinic for such rural health clinic services; or
						(B)if the rural
				health clinic determines appropriate, 103 percent of the applicable interim
				payment rate established under part A or part B with respect to the rural
				health clinic for such rural health clinic
				services.
						.
			(b)Effective
			 DateThe amendments made by this section shall apply to Medicare
			 Advantage contract years beginning on or after January 1, 2010.
			9.Sense of the
			 Senate regarding adequacy of network-based health plansIt is the sense of the Senate that
			 network-based health plans shall—
			(1)be expected to
			 provide a pool of health care professionals that is adequate to meet the needs
			 of enrollees residing in rural and frontier areas;
			(2)ensure that
			 enrollees residing in rural and frontier areas that have been designated by the
			 Federal Government or a State government as lacking an adequate number of
			 health care professionals are provided with reasonable access to an in-network
			 provider;
			(3)make every effort
			 to include as part of their provider network any State-licensed or certified
			 health care professionals (particularly primary care and mental health
			 professionals) that are available in many underserved rural and frontier areas;
			 and
			(4)recognize that
			 reliance on a physician-only network, or forcing enrollees to travel for more
			 than 30 minutes to receive primary care or mental health services from a
			 network provider, does not constitute an adequate network. The
			 following distances should be used as guidelines in determining distances that
			 correspond to a 30-minute travel time:
				(A)Under normal
			 conditions with primary roads available: 20 miles.
				(B)In mountainous
			 terrain or in areas with only secondary roads available: 15 miles.
				(C)In flat terrain or
			 in areas connected by interstate highways: 25 miles.


110 HR 5622 IH: To direct the Secretary of Veterans Affairs to carry out

U.S. House of Representatives
2008-03-13
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.

		I
		110th CONGRESS
		2d Session
		H. R. 5622
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2008
			Ms. Ginny Brown-Waite of
			 Florida introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To direct the Secretary of Veterans Affairs to carry out
		  a pilot program to establish standards of access to care for veterans seeking
		  health care from certain Department of Veterans Affairs medical facilities, and
		  for other purposes.

		1.Short titleThis Act may be cited as the Veterans
			 Timely Access to Health Care Act.
		2.Department of Veterans
			 Affairs pilot program on access to medical care
			(a)Pilot
			 ProgramDuring the five-year period beginning on the date of the
			 enactment of this Act, the Secretary of Veterans Affairs shall conduct a pilot
			 program under which the Secretary shall ensure that for each veteran seeking
			 primary care from a covered medical facility, the standard for access to care,
			 determined from the date on which the veteran contacts the Department seeking
			 an appointment until the date on which a visit with a primary-care provider is
			 completed, is 30 days.
			(b)Covered
			 facilityFor purposes of the pilot program under this section, a
			 covered medical facility is a medical facility of the Department of Veterans
			 Affairs in Veterans Integrated Service Network 8.
			(c)Review of
			 performanceThe Secretary shall periodically review the
			 performance of covered medical facilities compared to the standard established
			 under subsection (a). The Secretary shall submit to the Committees on Veterans’
			 Affairs of the Senate and House of Representatives an annual report providing
			 an assessment of the Department’s performance in meeting that standard.
			(d)Provision of care at non-Department
			 facilities
				(1)Provision of
			 careEffective on the first day of the first fiscal year
			 beginning after the date of the enactment of this section, in a case in which
			 the Secretary is unable to meet the standard for access to care under
			 subsection (a) with respect to a veteran enrolled in the patient enrollment
			 system of the Department of Veterans Affairs under section 1705, of title 38,
			 United States Code, the Secretary shall use the authority of section 1703(a) of
			 that title to furnish health care and services for that veteran in a
			 non-Department facility. In any such case—
					(A)payments by the Secretary may not
			 exceed the reimbursement rate for similar outpatient services paid by the
			 Secretary of Health and Human Services under part B of the medicare program (as
			 defined in section 1781(d)(4)(A) of that title); and
					(B)the non-Department facility may not
			 bill the veteran for any difference between the facility’s billed charges and
			 the amount paid by the Secretary under paragraph (1).
					(2)Veteran choice to receive care at
			 Department facilityA veteran for whom the Secretary furnishes
			 health care or services at a non-Department facility under paragraph (1) may,
			 after 30 days of receiving such care or services at the non-Department
			 facility, choose to receive such care or services from a Department facility,
			 if available. If a veteran so chooses, the veteran shall submit to the
			 Secretary notice in writing of that choice.
				(e)Continuity of
			 careFor the purpose of providing for continuity of care, the
			 Secretary shall develop a form to be used by veterans to authorize the
			 Secretary to obtain any records created in connection with the veteran’s
			 receipt of care from a non-Department facility.
			(f)Quarterly reports
				(1)RequirementNot later
			 than 60 days after the end of a calendar-year quarter, the Secretary of
			 Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the
			 Senate and House of Representatives a report for that calendar-year quarter on
			 the experience of the Department during the quarter covered by the report with
			 respect to waiting times for veterans seeking appointments at a covered
			 facility.
				(2)ContentsEach report
			 under subparagraph (A) shall include—
					(A)the total number of veterans
			 waiting by the following categories:
						(i)Those waiting under 30 days for scheduled
			 appointments.
						(ii)Those waiting over 30 days but less than
			 60 days.
						(iii)Those waiting over 60 days but less
			 than 4 months.
						(iv)Those waiting over 4 months but who
			 cannot be scheduled within 6 months.
						(v)Any remaining veterans who cannot be
			 scheduled, with the reasons therefor.
						(B)For each category set forth in
			 subparagraph (A), distinctions between—
						(i)waiting times for primary care and
			 specialty care; and
						(ii)waiting times for veterans who are newly
			 enrolled versus those who were enrolled before October 1, 2001.
						(C)The number of veterans who have
			 enrolled in the Department of Veterans Affairs health care system but have not
			 since such enrollment sought care at a Department medical facility.
					(g)TerminationThe
			 authority to conduct a pilot program under this section shall terminate on the
			 date that is five years after the date of the enactment of this Act.


110 HR 283 IH: Women’s Obstetrician and Gynecologist Access Now Act
U.S. House of Representatives
2007-01-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
1st Session
H. R. 283
IN THE HOUSE OF REPRESENTATIVES

January 5, 2007
Mrs. Davis of California introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral.

1.Short titleThis Act may be cited as the Women’s Obstetrician and Gynecologist Access Now Act.
2.Women’s access to obstetrical and gynecological services
(a)Group health plans
(1)Public Health Service Act amendments
(A)Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section:

2707.Standard relating to women’s access to obstetrical and gynecological services
(a)Direct access required
(1)In generalA group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services.
(2)ConstructionParagraph (1) shall not be construed as preventing a plan or issuer—
(A)from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant’s or beneficiary’s primary care physician and surgeon regarding the participant’s or beneficiary’s condition, treatment, and any need for followup care; or
(B)from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions—
(i)are consistent with the intent of such paragraph;
(ii)are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and
(iii)are not to be more restrictive for the provision of obstetrical and gynecological physician services.
(b)NoticeA group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan..
(2)ERISA amendments
(A)Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section:

714.Standard relating to women’s access to obstetrical and gynecological services
(a)Direct access required
(1)In generalA group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services.
(2)ConstructionParagraph (1) shall not be construed as preventing a plan or issuer—
(A)from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant’s or beneficiary’s primary care physician and surgeon regarding the participant’s or beneficiary’s condition, treatment, and any need for followup care; or
(B)from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions—
(i)are consistent with the intent of such paragraph;
(ii)are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and
(iii)are not to be more restrictive for the provision of obstetrical and gynecological physician services.
(b)Notice under group health planThe imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply..
(B)Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking section 711 and inserting sections 711 and 714.
(C)The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item:

Sec. 714. Standard relating to women’s access to obstetrical and gynecological services.
(3)Internal Revenue Code amendments
(A)In generalSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended—
(i)in the table of sections, by inserting after the item relating to section 9812 the following new item:

Sec. 9813. Standard relating to women’s access to obstetrical and gynecological services; and
(ii)by inserting after section 9812 the following:

9813.Standard relating to women’s access to obstetrical and gynecological services
(a)Direct access requiredA group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services.
(b)ConstructionSubsection (a) shall not be construed as preventing a plan or issuer—
(1)from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant’s or beneficiary’s primary care physician and surgeon regarding the participant’s or beneficiary’s condition, treatment, and any need for followup care; or
(2)from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions—
(A)are consistent with the intent of such subsection;
(B)are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and
(C)are not to be more restrictive for the provision of obstetrical and gynecological physician services..
(B)Conforming amendmentSection 4980D(d)(1) of such Code is amended by striking section 9811 and inserting sections 9811 and 9813.
(b)Individual health insurancePart B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section:

2753.Standard relating to women’s access to obstetrical and gynecological services
(a)In generalThe provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.
(b)NoticeA health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan..
(c)Effective dates
(1)Group health plans and group health insurance coverageSubject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning more than 180 days after the date of the enactment of this Act.
(2)Individual health insurance coverageThe amendment made by subsection (b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
(3)Collective bargaining exceptionIn the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of—
(A)the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or
(B)the date that is 180 days after the date of the enactment of this Act.For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement.
(d)Coordination of administrationThe Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that—
(1)regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and
(2)coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.


		III
		109th CONGRESS
		2d Session
		S. RES. 448
		IN THE SENATE OF THE UNITED STATES

			April 27, 2006
			Mr. Nelson of Nebraska
			 (for himself, Mr. Chambliss,
			 Mr. Craig, and Mr. Allen) submitted the following resolution; which
			 was referred to the Committee on the
			 Judiciary

			September 6, 2006
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Supporting the goals and ideals of
		  National Life Insurance Awareness Month.

		Whereas life insurance is an essential part of a sound
			 financial plan;
		Whereas life insurance provides financial security for
			 families by helping surviving members meet immediate and long-term financial
			 obligations and objectives in the event of a premature death in their
			 family;
		Whereas approximately 68,000,000 United States citizens
			 lack the adequate level of life insurance coverage needed to ensure a secure
			 financial future for their loved ones;
		Whereas life insurance products protect against the
			 uncertainties of life by enabling individuals and families to manage the
			 financial risks of premature death, disability, and long-term care;
		Whereas individuals, families, and businesses can benefit
			 from professional insurance and financial planning advice, including an
			 assessment of their life insurance needs; and
		Whereas numerous groups supporting life insurance have
			 designated September 2006 as National Life Insurance Awareness
			 Month as a means to encourage consumers to—
			(1)become more aware
			 of their life insurance needs;
			(2)seek professional
			 advice regarding life insurance; and
			(3)take the actions
			 necessary to achieve financial security for their loved ones: Now therefore, be
			 it

		That the Senate—
			(1)supports the
			 goals and ideals of National Life Insurance Awareness Month;
			 and
			(2)calls on the
			 Federal Government, States, localities, schools, nonprofit organizations,
			 businesses, and the citizens of the United States to observe the month with
			 appropriate programs and activities.


116 HR 8225 : Fight Notario Fraud Act of 2020
U.S. House of Representatives
2020-10-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB116th CONGRESS2d SessionH. R. 8225IN THE SENATE OF THE UNITED STATESOctober 19, 2020 Received; read twice and referred to the Committee on the JudiciaryAN ACTTo amend title 18, United States Code, to prohibit certain types of fraud in the provision of immigration services, and for other purposes.1.Short titleThis Act may be cited as the Fight Notario Fraud Act of 2020.2.Fraud prohibited(a)In generalChapter 47 of title 18, United States Code, is amended by adding at the end the following new section:1041.Schemes to defraud persons in any matter arising under immigration laws (a)FraudAny person who knowingly executes a scheme or artifice, in connection with any matter authorized by or arising under the immigration laws, or any matter that such person claims or represents is authorized by or arises under the immigration laws to—(1)defraud any other person; or(2)obtain or receive money or anything else of value from any other person by means of false or fraudulent pretenses, representations, or promises,shall be fined under this title, imprisoned not more than 1 year, or both. (b)MisrepresentationAny person who knowingly makes a false representation that such person is an attorney or an accredited representative (as such term is defined under section 1292.1(a)(4) of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under the immigration laws shall be fined under this title, imprisoned not more than 1 year, or both.(c)Threats and retaliationAny person who violates subsection (a) and knowingly—(1)threatens to report another person to Federal authorities or State law enforcement authorities working in conjunction with or pursuant to Federal authority;(2)acts to adversely affect another person’s immigration status, perceived immigration status, or attempts to secure immigration status that—(A)impacts or results in the removal of the person from the United States;(B)leads to the loss of immigration status; or(C)causes the person seeking to apply for an immigration benefit to lose an opportunity to apply for such an immigration benefit that would have provided immigration status and for which a person was prima facie eligible; or(3)demands or retains money or anything else of value for services fraudulently performed or not performed or withholds or threatens to withhold services promised to be performed,shall be fined under this title, imprisoned not more than 1 year, or both. (d)Gravity of offense(1)Cumulative lossAny person who violates subsection (a), (b), or (c) such that the cumulative loss to all victims exceeds $10,000 may be imprisoned not more than 3 years, fined under this title, or both.(2)RetaliationAny person who violates subsection (a) or (b) and causes the harm described in subsection (c)(2) may be imprisoned not more than 3 years, fined under this title, or both.(e)Information sharing and enforcement(1)In generalThe Immigrant and Employee Rights Section of the Civil Rights Division of the Department of Justice—(A)shall have primary enforcement responsibility for this section and shall be consulted prior to a United States Attorney initiating an action under this section;(B)shall establish procedures to receive and investigate complaints of fraudulent immigration schemes from the public that are consistent with the procedures for receiving and investigating complaints of unfair immigration-related employment practices; and(C)shall maintain and publish on the internet, information aimed at protecting consumers from fraudulent immigration schemes, as well as a list of individuals who have been convicted of unlawful conduct under this section or have been found by a State or Federal agency to have unlawfully provided immigration services.(2)Special United States AttorneysThe Attorney General shall establish no fewer than 15 Special United States Attorney positions in districts the Attorney General determines, after analyzing data following each decennial census, to be most affected by the fraud described in subsections (a), (b), and (c).(3)RestitutionThere shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. 20101) any restitution ordered for an offense under this section if the victim of such offense cannot reasonably be located.(f)SeverabilityIf any provision of this section, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of the remaining provisions of this section to any person or circumstance shall not be affected thereby.(g)Immigration lawsIn this section, the term immigration laws has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))..(b)Clerical amendmentThe table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:1041. Schemes to defraud persons in any matter arising under immigration laws..3.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.Passed the House of Representatives October 1, 2020.Cheryl L. Johnson,Clerk


116 SRES 264 IS: Recognizing the contributions of African Americans to the musical heritage of the United States and the need for greater access to music education for African-American students, and expressing support for the designation of June as African-American Music Appreciation Month.
U.S. Senate
2019-06-25
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.

III
116th CONGRESS
1st Session
S. RES. 264
IN THE SENATE OF THE UNITED STATES

June 25, 2019
Mr. Booker (for himself, Mr. Jones, Mr. Carper, Mr. Coons, Ms. Klobuchar, Mrs. Feinstein, Mr. Durbin, Mr. Kaine, Mr. Brown, and Ms. Harris) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions

RESOLUTION
Recognizing the contributions of African Americans to the musical heritage of the United States and the need for greater access to music education for African-American students, and expressing support for the designation of June as African-American Music Appreciation Month.

Whereas spirituals, ragtime, blues, jazz, gospel, classical composition, and countless other categories of music have been created or enhanced by African Americans, and are etched into the history and culture of the United States;  Whereas the first Africans transported to the United States came from a variety of ethnic groups with a long history of distinct and cultivated musical traditions, brought musical instruments with them, and built new musical instruments in the United States;
Whereas spirituals were a distinct response to the conditions of African slavery in the United States, and expressed the longing of enslaved people for spiritual and bodily freedom, for safety from harm and evil, and for relief from the hardships of slavery;  Whereas jazz, arguably the most creative and complex music that the United States has produced, combines the musical traditions of African Americans in New Orleans with the creative flexibility of blues music;
Whereas country music is based on a combination of musical influences, including the rhythmic influences and musical instruments of African immigrants, and was performed by musicians such as DeFord Bailey, who was the first African American to star in the Grand Ole Opry;  Whereas masterful trumpeters Louis Armstrong and Miles Davis achieved national and international recognition with the success of West End Blues by Louis Armstrong in the 1920s and So What by Miles Davis in the late 1950s;
Whereas talented jazz pianist and vocalist Nathaniel Adams Coles recorded more than 150 singles and sold more than 50 million records;  Whereas the talent of Ella Fitzgerald, winner of 13 Grammys, is epitomized by a rendition of “Summertime”, a bluesy record accompanied by melodic vocals;
Whereas Natalie Cole, the daughter of Nathaniel Adams Coles, achieved musical success in the mid-1970s as a rhythm and blues artist with the hits This Will Be and Unforgettable;  Whereas, in the 1940s, bebop evolved through jam sessions, which included trumpeter Dizzy Gillespie and the alto saxophonist Charlie Parker, that were held at clubs in Harlem, New York, such as Minton's Playhouse;
Whereas earlier classical singers such as Elizabeth Taylor Greenfield, one of the first widely known African-American vocalists, and other early African-American singing pioneers, including Nellie Mitchell Brown, Marie Selika Williams, Rachel Walker Turner, Marian Anderson, and Flora Batson Bergen, paved the way for female African-American concert singers who have achieved great popularity during the last 50 years;  Whereas the term rhythm and blues originated in the late 1940s as a way to describe recordings marketed to African Americans and replaced the term race music;
Whereas lyrical themes in rhythm and blues often encapsulate the African-American experience of pain, the quest for freedom, joy, triumphs and failures, relationships, economics, and aspiration, and were popularized by artists such as Ruth Brown, Etta James, and Otis Redding;  Whereas soul music originated in the African-American community in the late 1950s and early 1960s and combines elements of African-American gospel music, rhythm and blues, and jazz, and was popularized by artists such as Aretha Franklin, James Brown, Ray Charles, Sam Cooke, and Jackie Wilson;
Whereas Motown, founded as a record label in 1959, evolved into a distinctive style known for the Motown Sound, a blend of pop and soul musical stylings made popular by prominent Black artists such as Marvin Gaye, James Mason, and Mary Wells;  Whereas, in the early 1970s, the musical style of disco emerged and was popularized by programs such as Soul Train and by artists such as Donna Summer;
Whereas reggae is a genre of music that originated in Jamaica in the late 1960s and incorporates some of the musical elements of rhythm and blues, jazz, mento, calypso, and African music, and was popularized by artists such as Bob Marley;  Whereas rock and roll was developed from African-American musical styles such as gospel and rhythm and blues, and was popularized by artists such as Chuck Berry, Bo Diddley, and Jimi Hendrix;
Whereas rap, arguably the most complex and influential form of hip-hop culture, combines elements of the African-American musical tradition (blues, jazz, and soul) with Caribbean calypso, dub, and dance hall reggae;  Whereas the development and popularity of old style rap combined confident beats with wordplay and storytelling, highlighting the struggle of African-American youth growing up in underresourced neighborhoods;
Whereas contemporary rhythm and blues, which originated in the late 1970s and combines elements of pop, rhythm and blues, soul, funk, hip hop, gospel, and electronic dance music was popularized by artists such as Whitney Houston and Aaliyah;  Whereas Prince Rogers Nelson, who was known for electric performances and wide vocal range, pioneered music that integrated a wide variety of styles, including funk, rock, contemporary rhythm and blues, new wave, soul, psychedelia, and pop;
Whereas a recent study by the Department of Education found that only 28 percent of African-American students receive any kind of arts education;  Whereas African-American students scored the lowest of all ethnicities in the most recent National Assessment for Educational Progress arts assessment;
Whereas students who are eligible for the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) have significantly lower scores on the music portion of the National Assessment for Educational Progress arts assessment than students that are ineligible for that program, which suggests that students in low-income families are disadvantaged in the subject of music;  Whereas a recent study showed that nearly 2/3 of music ensemble students were White and middle class and only 15 percent were African-American;
Whereas the same study found that only 7 percent of music teacher licensure candidates were African-American; and  Whereas students of color face many barriers to accessing music education and training, especially students in large urban public schools: Now, therefore, be it

That the Senate recognizes— (1)the contributions of African Americans to the musical heritage of the United States;
(2)the wide array of talented and popular African-American musical artists, composers, songwriters, and musicians who are underrecognized for contributions to music;  (3)the achievements, talent, and hard work of African-American pioneer artists, and the obstacles that those artists overcame to gain recognition;
(4)the need for African-American students to have greater access to and participation in music education in schools across the United States; and  (5)Black History Month and African-American Music Appreciation Month as an important time—
(A)to celebrate the impact of the African-American musical heritage on the musical heritage of the United States; and  (B)to encourage greater access to music education so that the next generation may continue to greatly contribute to the musical heritage of the United States.


114 HR 417 IH: Federal Workforce Reduction Through Attrition Act
U.S. House of Representatives
2015-01-20
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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. 417
IN THE HOUSE OF REPRESENTATIVES

January 20, 2015
Mrs. Lummis (for herself and Mr. Mulvaney) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL
To reduce the total number of civil service employees in the executive branch of the Government through attrition, and for other purposes.

1.Short titleThis Act may be cited as the Federal Workforce Reduction Through Attrition Act. 2.DefinitionsIn this Act:
(1)AgencyThe term agency means an Executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office. (2)Baseline quarterThe term baseline quarter means the quarter in which occurs the date of enactment of this Act.
(3)Federal employeeThe term Federal employee means an employee as defined by section 2105 of title 5, United States Code. (4)QuarterThe term quarter means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31.
(5)Total number of Federal employeesThe term total number of Federal employees means the total number of Federal employees in all agencies. 3.Workforce limits and reductions (a)In generalThe President, acting through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter.
(b)Applicable maximumFor purposes of this Act, the applicable maximum for a quarter is— (1)in the case of a quarter before the target-attainment quarter, the number equal to—
(A)the total number of Federal employees determined for the baseline quarter, reduced by (B)2/3 of the number of Federal employees separating from agencies during the period—
(i)beginning on the first day following the baseline quarter; and (ii)ending on the last day of the quarter to which the applicable maximum is being applied; and
(2)in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2013. (c)Target-Attainment quarterFor purposes of this Act, the term target-attainment quarter means the earlier of—
(1)the first quarter (after the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2013; or (2)the quarter ending on September 30, 2016.
(d)Method for achieving compliance
(1)In generalExcept as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2)ExceptionIf, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments.
(e)Counting rulesFor purposes of this Act— (1)any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made—
(A)on a full-time equivalent basis; and (B)under section 4; and
(2)any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f)Waiver authorityThe President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to—
(1)a state of war or for reasons of national security; or (2)an extraordinary emergency threatening life, health, safety, or property.
4.Reduction in procurement of service contracts
(a)In generalFor each fiscal year beginning with the first fiscal year after the date of enactment of this Act, the President, acting through the Office of Management and Budget and subject to subsection (b), shall take appropriate measures to ensure that there is a reduction in the amount expended for the procurement of service contracts for such fiscal year equal to the reduction in the amount expended for the Federal workforce in the previous fiscal year as a result of the requirements of section 3. (b)Waiver authorityThe President may waive the requirements under subsection (a) upon a determination that such waiver is necessary due to—
(1)a state of war or for reasons of national security; or (2)an extraordinary emergency threatening life, health, safety, or property.
5.Monitoring and notificationThe Office of Management and Budget (in consultation with the Office of Personnel Management) shall— (1)continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and
(2)not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. 6.RegulationsAny regulations necessary to carry out this Act may be prescribed by the President or his designee.


113 HR 1578 IH: To amend section 1101 of the Patient Protection and Affordable Care Act to provide additional funds to permit additional individuals to enroll under the preexisting condition insurance program and expand eligibility, to be funded through a temporary increase in the cigarette tax, and for other purposes.
U.S. House of Representatives
2013-04-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1578
		IN THE HOUSE OF REPRESENTATIVES

			April 16, 2013
			Mr. Pallone (for
			 himself, Mr. Waxman,
			 Mr. Tonko,
			 Ms. Schakowsky,
			 Mr. Gene Green of Texas,
			 Mr. Rush, Ms. Matsui, Mrs.
			 Capps, and Mrs.
			 Christensen) introduced the following bill; which was referred to
			 the Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend section 1101 of the Patient Protection and
		  Affordable Care Act to provide additional funds to permit additional
		  individuals to enroll under the preexisting condition insurance program and
		  expand eligibility, to be funded through a temporary increase in the cigarette
		  tax, and for other purposes.

		1.Extension of funding for
			 reopening enrollment under the preexisting condition insurance program
			(a)In
			 generalSubsection (g)(1) of
			 section 1101 of the Patient Protection and Affordable Care Act (42 U.S.C.
			 18001) is amended by striking Such funds and inserting the
			 following: In addition to the funds appropriated under the previous
			 sentence, there is appropriated to the Secretary, out of any moneys in the
			 Treasury not otherwise appropriated, $2,800,000,000 to pay claims (and
			 administrative costs) described in such sentence. Funds appropriated under this
			 paragraph.
			(b)Reopening
			 program enrollmentThe
			 Secretary of Health and Human Services shall resume taking applications for
			 participation under the temporary high-risk health insurance program under such
			 section 1101, but only to the extent consistent with the limitation imposed
			 under subsection (g)(4) of such section.
			(c)ConstructionNothing
			 in this section shall be construed as changing the application of subsection
			 (g)(3) of such section (relating to termination of authority).
			2.Immediate access
			 to health care for sick Americans
			(a)In
			 generalSection 1101(d) of
			 the Patient Protection and Affordable Care Act (42 U.S.C. 18001(d)) is
			 amended—
				(1)in paragraph (1),
			 by adding at the end and;
				(2)by striking
			 paragraph (2); and
				(3)by redesignating
			 paragraph (3) as paragraph (2).
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply with
			 respect to individuals applying for coverage through the high risk insurance
			 pool program on or after the date of the enactment of this Act.
			3.Increase in rate
			 of excise tax on cigarettes
			(a)In
			 generalSection 5701(b)(1) of
			 the Internal Revenue Code of 1986 is amended by inserting ($52.33 per
			 thousand in the case of cigarettes removed after December 31, 2013 and before
			 January 1, 2024) after $50.33 per thousand.
			(b)Floor Stocks
			 Taxes
				(1)Imposition of
			 taxOn cigarettes described in section 5701(b)(1) of the Internal
			 Revenue Code of 1986 manufactured in or imported into the United States which
			 are removed before January 1, 2014, and held on such date for sale by any
			 person, there is hereby imposed a tax in an amount equal to the excess
			 of—
					(A)the tax which
			 would be imposed under section 5701 of such Code on the article if the article
			 had been removed on such date, over
					(B)the prior tax (if
			 any) imposed under section 5701 of such Code on such article.
					(2)Credit against
			 taxEach person shall be allowed as a credit against the taxes
			 imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed
			 the amount of taxes imposed by paragraph (1) on January 1, 2014, for which such
			 person is liable.
				(3)Liability for
			 tax and method of payment
					(A)Liability for
			 taxA person holding cigarettes referred to in paragraph (1) on
			 January 1, 2014, to which any tax imposed by paragraph (1) applies shall be
			 liable for such tax.
					(B)Method of
			 paymentThe tax imposed by paragraph (1) shall be paid in such
			 manner as the Secretary shall prescribe by regulations.
					(C)Time for
			 paymentThe tax imposed by paragraph (1) shall be paid on or
			 before May 1, 2014.
					(4)Articles in
			 foreign trade zonesNotwithstanding the Act of June 18, 1934
			 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et
			 seq.) or any other provision of law, any article which is located in a foreign
			 trade zone on July 1, 2013, shall be subject to the tax imposed by paragraph
			 (1) if—
					(A)internal revenue
			 taxes have been determined, or customs duties liquidated, with respect to such
			 article before such date pursuant to a request made under the 1st proviso of
			 section 3(a) of such Act, or
					(B)such article is
			 held on such date under the supervision of an officer of the United States
			 Customs and Border Protection of the Department of Homeland Security pursuant
			 to the 2d proviso of such section 3(a).
					(5)DefinitionsFor
			 purposes of this subsection—
					(A)In
			 generalAny term used in this subsection which is also used in
			 section 5702 of the Internal Revenue Code of 1986 shall have the same meaning
			 as such term has in such section.
					(B)SecretaryThe
			 term Secretary means the Secretary of the Treasury or the
			 Secretary’s delegate.
					(6)Controlled
			 groupsRules similar to the rules of section 5061(e)(3) of such
			 Code shall apply for purposes of this subsection.
				(7)Other laws
			 applicableAll provisions of law, including penalties, applicable
			 with respect to the taxes imposed by section 5701 of such Code shall, insofar
			 as applicable and not inconsistent with the provisions of this subsection,
			 apply to the floor stocks taxes imposed by paragraph (1), to the same extent as
			 if such taxes were imposed by such section 5701. The Secretary may treat any
			 person who bore the ultimate burden of the tax imposed by paragraph (1) as the
			 person to whom a credit or refund under such provisions may be allowed or
			 made.
				(c)Effective
			 DateThe amendments made by this section shall apply to articles
			 removed (as defined in section 5702(j) of the Internal Revenue Code of 1986)
			 after December 31, 2013.