		IIA
		112th CONGRESS
		1st Session
		S. J. RES. 18
		IN THE SENATE OF THE UNITED STATES

			June 8, 2011
			Mr. Webb (for himself
			 and Mr. Corker) introduced the following
			 joint resolution; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		JOINT RESOLUTION
		Prohibiting the deployment, establishment,
		  or maintenance of a presence of units and members of the United States Armed
		  Forces on the ground in Libya, and for other purposes.

		Whereas the President has not sought, and Congress has not
			 provided, authorization for the introduction or continued involvement of the
			 United States Armed Forces in Libya; and
		Whereas Congress has the constitutional prerogative to
			 withhold funding for any unauthorized use of the United States Armed Forces,
			 including for unauthorized activities regarding Libya: Now, therefore, be
			 it

		1.Statements of
			 policyCongress makes the
			 following statements of policy:
			(1)The United States
			 Armed Forces shall be used exclusively to defend and advance the national
			 security interests of the United States.
			(2)The President has
			 failed to provide Congress with a compelling rationale based upon United States
			 national security interests for current United States military activities
			 regarding Libya.
			(3)The President shall not deploy, establish,
			 or maintain the presence of units and members of the United States Armed Forces
			 on the ground in Libya unless the purpose of the presence is limited to the
			 immediate personal defense of United States Government officials (including
			 diplomatic representatives) or to rescuing members of the United States Armed
			 Forces from imminent danger.
			2.Prohibition on
			 United States ground combat presence in LibyaNo funds appropriated or otherwise made
			 available for the Department of Defense may be obligated or expended for the
			 purpose of—
			(1)deploying units
			 or members of the United States Armed Forces on to the ground of Libya for the
			 purposes of engaging in ground combat operations, unless the purpose of such
			 deployment is limited solely to rescuing members of the United States Armed
			 Forces from imminent danger;
			(2)awarding a
			 contract to a private security contractor to conduct any activity on the ground
			 of Libya; or
			(3)otherwise
			 establishing or maintaining any presence of units or members of the United
			 States Armed Forces or private security contractors on the ground of Libya,
			 unless the purpose of such presence is limited to the immediate personal
			 defense of United States Government officials (including diplomatic
			 representatives) or to rescuing members of the United States Armed Forces from
			 imminent danger.
			3.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)the President
			 should request authorization from Congress for the continuation of United
			 States involvement in ongoing NATO activities in Libya; and
			(2)Congress should
			 fully debate and consider such request in an expeditious manner.
			4.Transmittal of
			 executive branch information relating to Operation Odyssey Dawn and Operation
			 Unified ProtectorNot later
			 than 14 days after the date of the enactment of this joint resolution, the
			 Secretary of State, the Secretary of Defense, and the Attorney General shall
			 each transmit to Congress a copy of any official document, record, memo,
			 correspondence, or other communication in the possession of such official that
			 was created on or after February 15, 2011, and refers or relates to—
			(1)consultation or
			 communication with Congress regarding the employment or deployment of the
			 United States Armed Forces for Operation Odyssey Dawn or NATO Operation Unified
			 Protector; or
			(2)the War Powers
			 Resolution and Operation Odyssey Dawn or Operation Unified Protector.
			5.Report to
			 Congress
			(a)Report
			 requiredNot later than 14
			 days after the date of the enactment of this joint resolution, the President
			 shall submit to Congress a report describing in detail United States security
			 interests and objectives, and the activities of United States Armed Forces, in
			 Libya since March 19, 2011, including a description of the following:
				(1)The President’s
			 justification for not seeking authorization by Congress for the use of military
			 force in Libya.
				(2)United States
			 political and military objectives regarding Libya, including the relationship
			 between the intended objectives and the operational means being employed to
			 achieve them.
				(3)Changes in United
			 States political and military objectives following the assumption of command by
			 the North Atlantic Treaty Organization (NATO).
				(4)Differences
			 between United States political and military objectives regarding Libya and
			 those of other NATO member states engaged in military activities.
				(5)The specific
			 commitments by the United States to ongoing NATO activities regarding
			 Libya.
				(6)The anticipated
			 scope and duration of continued United States military involvement in support
			 of NATO activities regarding Libya.
				(7)The costs of
			 United States military, political, and humanitarian efforts concerning Libya as
			 of June 3, 2011.
				(8)The total
			 projected costs of United States military, political, and humanitarian efforts
			 concerning Libya.
				(9)The impact on
			 United States activities in Iraq and Afghanistan.
				(10)The role of the
			 United States in the establishment of a political structure to succeed the
			 current Libyan regime.
				(11)An assessment of
			 the current military capacity of opposition forces in Libya.
				(12)An assessment of
			 the ability of opposition forces in Libya to establish effective military and
			 political control of Libya and a practicable timetable for accomplishing these
			 objectives.
				(13)An assessment of
			 the consequences of a cessation of United States military activities on the
			 viability of continued NATO operations regarding Libya and on the continued
			 viability of groups opposing the Libyan regime.
				(14)The composition
			 and political agenda of the Interim Transitional National Council (ITNC) and
			 its representation of the views of the Libyan people as a whole.
				(15)The criteria to
			 be used to determine United States recognition of the ITNC as the
			 representative of the Libyan people, including the role of current and former
			 members of the existing regime.
				(16)Financial
			 resources currently available to opposition groups and United States plans to
			 facilitate their access to seized assets of the Libyan regime and proceeds from
			 the sale of Libyan petroleum.
				(17)The relationship
			 between the ITNC and the Muslim Brotherhood, the members of the Libyan Islamic
			 Fighting Group, al-Qaeda, Hezbollah, and any other group that has promoted an
			 agenda that would negatively impact United States interests.
				(18)Weapons acquired
			 for use, and operations initiated, in Libya by the Muslim Brotherhood, the
			 members of the Libyan Islamic Fighting Group, al-Qaeda, Hezbollah, and any
			 other group that has promoted an agenda that would negatively impact United
			 States interests.
				(19)The status of the
			 20,000 MANPADS cited by the Commander of the United States Africa Command, as
			 well as Libya’s SCUD–Bs and chemical munitions, including mustard gas.
				(20)Material,
			 communication, coordination, financing and other forms of support between and
			 among al-Qaeda operatives, its affiliates, and supporters in Yemen, the Horn of
			 Africa, and North Africa.
				(21)Contributions by
			 Jordan, the United Arab Emirates, Qatar, and other regional states in support
			 of NATO activities in Libya.
				(b)FormThe
			 report required by this section shall be submitted in unclassified form, but
			 may include a classified annex.


113 HR 4138 : Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014
U.S. House of Representatives
2014-03-13
text/xml
EN
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		IIB
		113th CONGRESS
		2d Session
		H. R. 4138
		IN THE SENATE OF THE UNITED STATES
		March 13, 2014Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To protect the separation of powers in the Constitution of the United States by ensuring that the
			 President takes care that the laws be faithfully executed, and for other
			 purposes.

		1.Short titleThis Act may be cited as the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014 or the ENFORCE the Law Act of 2014.
		2.Authorization to bring civil action for violation of the take care clause
			(a)In generalUpon the adoption of a resolution of a House of Congress declaring that the President, the head of
			 any department or agency of the United States, or any other officer or
			 employee of the United States has established or implemented a formal or
			 informal policy, practice, or procedure to refrain from enforcing,
			 applying, following, or administering any provision of a Federal statute,
			 rule, regulation, program, policy, or other law in violation of the
			 requirement that the President take care that the laws be faithfully
			 executed under Article II, section 3, clause 5, of the Constitution of the
			 United States, that House is authorized to bring a civil action in
			 accordance with subsection (c), and to seek relief pursuant to sections 2201 and 2202 of title 28, United States Code. A civil action brought pursuant to this subsection may be brought
			 by a single House or both Houses of Congress jointly, if both Houses have
			 adopted such a resolution.
			(b)Resolution describedFor the purposes of subsection (a), the term resolution means only a resolution—
				(1)the title of which is as follows: Relating to the application of Article II, section 3, clause 5, of the Constitution of the United
			 States.;
				(2)which does not have a preamble; and
				(3)the matter after the resolving clause which is as follows: That _______ has failed to meet the requirement of Article II, section 3, clause 5, of the
			 Constitution of the United States to take care that a law be faithfully
			 executed, with respect to _________. (the blank spaces being appropriately filled in with the President or the person on behalf of the
			 President, and the administrative action in question described in
			 subsection (a), respectively).
				(c)Special rulesIf the House of Representatives or the Senate brings a civil action pursuant to subsection (a), the
			 following rules shall apply:
				(1)The action shall be filed in a United States district court of competent jurisdiction and shall be
			 heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
				(2)A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of
			 the United States. Such appeal shall be taken by the filing of a notice of
			 appeal within 10 days, and the filing of a jurisdictional statement within
			 30 days, of the entry of the final decision.
				(3)It shall be the duty of the United States district courts and the Supreme Court of the United
			 States to advance on the docket and to expedite to the greatest possible
			 extent the disposition of any such action and appeal.
				3.ReportNot later than the last day of the first fiscal year quarter that begins after the date of the
			 enactment of this Act, and quarterly thereafter, the Comptroller General
			 of the United States shall submit to the Committees on the Judiciary of
			 the House of Representatives and the Senate, a report on the costs of any
			 civil action brought pursuant to this Act, including any attorney fees of
			 any attorney that has been hired to provide legal services in connection
			 with a civil action brought pursuant to this Act.

	Passed the House of Representatives March 12, 2014.Karen L. Haas,Clerk


117 S876 IS: School Food Modernization Act of 2021
U.S. Senate
2021-03-18
text/xml
EN
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II117th CONGRESS1st SessionS. 876IN THE SENATE OF THE UNITED STATESMarch 18, 2021Ms. Collins (for herself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes. 1.Short titleThis Act may be cited as the School Food Modernization Act of 2021.2.Loan guarantees and grants to finance certain improvements to school lunch facilitiesThe Richard B. Russell National School Lunch Act is amended by inserting after section 26 (42 U.S.C. 1769g) the following:27.Loan guarantees and grants to finance certain improvements to school lunch facilities(a)DefinitionsIn this section:(1)Durable equipmentThe term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value.(2)Eligible entityThe term eligible entity means—(A)a local educational agency or a school food authority administering or operating a school meal program;(B)a tribal organization; or(C)a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both.(3)InfrastructureThe term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility.(4)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(5)School food authorityThe term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or a successor regulation).(6)Tribal organizationThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(b)Loan guarantees for assistance to schools for infrastructure improvements and durable equipment
 necessary To provide healthy meals through school meal programs(1)In generalSubject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will assist the eligible entity in providing healthy meals through the school meal program under this Act.(2)PreferencesIn issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate—(A)need for infrastructure improvement; or(B)durable equipment need or impairment.(3)OversightThe Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection.(4)Guarantee amountA loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan.(5)Fees and costs(A)In generalThe Secretary shall establish fees for loan guarantees under this subsection that, to the maximum extent practicable, are equal to the total cost of the loan guarantees (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))), as determined by the Secretary.(B)Fee shortfallIf the fees established under subparagraph (A) are not equal to the total cost of the loan guarantees described in that subparagraph, the Secretary may use the funds made available under paragraph (6)(A) to pay for the costs of loan guarantees not covered by the fees.(6)Authorization of appropriations(A)In generalThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026.(B)Technical assistanceThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.(c)Equipment grants(1)In generalSubject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall award competitive grants to State agencies to award subgrants to eligible entities to purchase the durable equipment needed to serve healthy meals, improve food safety, and help support the establishment, maintenance, or expansion of school meal programs.(2)PreferencesIn awarding a subgrant under this subsection, the State agency shall give preference to an eligible entity that, as compared with other eligible entities seeking a subgrant under this subsection, the State agency determines demonstrates substantial or disproportionate—(A)need for infrastructure improvement; or(B)durable equipment need or impairment.(3)Authorization of appropriations(A)In generalThere are authorized to be appropriated such sums as may be necessary to carry out this subsection for each of fiscal years 2022 through 2026.(B)Technical assistanceThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources..3.Training and technical assistance for school food service personnelThe Richard B. Russell National School Lunch Act is amended by inserting after section 21 (42 U.S.C. 1769b–1) the following:21A.Training and technical assistance for school food service personnel(a)In generalThe Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school meal program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).(b)Criteria for eligible third-Party institutionsThe Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include—(1)a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel;(2)prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors;(3)prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and(4)the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel—(A)at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or(B)through an online training and assistance program on topics that do not require in-person attendance.(c)Program assistanceThe Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable.(d)Federal share(1)In generalThe Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance.(2)MatchingAs a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions.(e)OversightThe Secretary shall establish procedures to enable the Secretary—(1)to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and(2)to ensure that the training and assistance is operated consistent with the goals and requirements of this Act.(f)Authorization of appropriations(1)In generalThere are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2022 through 2026.(2)Technical assistanceThe Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources..4.Report to CongressNot later than 1 year after funds are made available to carry out the amendments made by this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing the amendments made by this Act.


110 SRES 674 ATS: Designating September 22, 2008, as

U.S. Senate
2008-09-22
text/xml
EN
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		III
		110th CONGRESS
		2d Session
		S. RES. 674
		IN THE SENATE OF THE UNITED STATES

			September 22
			 (legislative day, September 17), 2008
			Ms. Mikulski (for
			 herself, Mr. Enzi,
			 Mr. Burr, and Mr. Hatch) submitted the following resolution; which
			 was considered and agreed to

		RESOLUTION
		Designating September 22, 2008, as
		  National Falls Prevention Awareness Day to raise awareness and
		  encourage the prevention of falls among older adults.

		Whereas older adults value their independence and a fall
			 can significantly limit their ability to remain self-sufficient;
		Whereas falls are the leading cause of death from
			 unintentional injuries among older adults in the United States;
		Whereas older adults are by far the population at greatest
			 risk for falling unintentionally, with more than 1/3 of
			 all people 65 years or older falling each year;
		Whereas older adults who fall once are 2 to 3 times more
			 likely than adults who have not fallen to fall again;
		Whereas, in 2000, the Bureau of the Census reported that
			 more than 34,800,000 adults older than the age of 65 live in the United States,
			 and that number is expected to grow to almost 55,000,000 by 2020;
		Whereas 20 to 30 percent of older adults who fall suffer
			 moderate to severe injuries, such as bruising, hip fractures, and head
			 traumas;
		Whereas, in 2005, falls resulted in nearly 1,800,000 older
			 adults being treated in emergency departments and more than 433,000 older
			 adults being hospitalized;
		Whereas, in 2005, nearly 16,000 people aged 65 and older
			 died from injuries related to unintentional falls;
		Whereas the Centers for Disease Control and Prevention
			 report that the mortality rate from falls among older adults increased 45
			 percent between 2000 and 2004;
		Whereas the total in direct costs associated with both
			 fatal and non-fatal falls is more than $19,000,000,000 annually for
			 hospitalization, emergency department visits, and outpatient care;
		Whereas the Centers for Disease Control and Prevention
			 estimate that if the rate of increase in falls is not stemmed, annual direct
			 treatment costs will reach $43,800,000,000 by 2020, with an annual cost under
			 the Medicare program of $32,400,000,000;
		Whereas evidence-based programs show promise in reducing
			 falls and facilitating cost-effective interventions, such as comprehensive
			 clinical assessments, exercise programs to improve balance and health,
			 management of medications, correction of vision, and reduction of home
			 hazards;
		Whereas, on April 23, 2008, the Safety of Seniors Act of
			 2007 (Public Law 110–202) was enacted, amending the Public Health Service Act
			 (42 U.S.C. 280b et seq.) to create a national education campaign aimed at older
			 adults, their families, and healthcare providers, and injury prevention
			 programs that focus on the reduction and prevention of falls among older
			 adults; and
		Whereas the Falls Free Coalition Advocacy Work Group, its
			 numerous supporting organizations and all other supportive organizations,
			 should be commended for their efforts to raise awareness and to promote greater
			 understanding, research, and pilot programs to prevent falls among older
			 adults: Now, therefore, be it

		That the Senate—
			(1)designates
			 September 22, 2008, as National Falls Prevention Awareness
			 Day;
			(2)commends the
			 National Falls Free Coalition and all other supportive organizations for their
			 efforts to promote awareness about preventing and reducing falls among older
			 people in the United States;
			(3)encourages the
			 private sector, the public health community, healthcare providers, advocacy
			 organizations, and Federal, State, and local governments to work together to
			 increase education and awareness about the prevention of falls; and
			(4)urges national
			 and community organizations, businesses, individuals, and the media to use
			 National Falls Prevention Awareness Day to promote awareness of this important
			 public health problem in an effort to reduce the incidence of falls among older
			 people in the United States.


116 HR 8681 IH: Stopping the Fraudulent Sales of Firearms Act
U.S. House of Representatives
2020-10-23
text/xml
EN
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I116th CONGRESS2d SessionH. R. 8681IN THE HOUSE OF REPRESENTATIVESOctober 23, 2020Ms. Scanlon introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes.1.Short titleThis Act may be cited as the Stopping the Fraudulent Sales of Firearms Act.2.Fraudulent dealings in firearms(a)In generalSection 922(a) of title 18, United States Code, is amended—(1)in paragraph (9), by striking the period and at the end and inserting ; and; and(2)by adding at the end the following:(10)for any person—(A)to import, manufacture, or sell a firearm or ammunition by means of false or fraudulent pretenses, representations, or promises; and(B)to transmit or cause to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, any communication relating to the importation, manufacture, or sale described in subparagraph (A)..(b)PenaltySection 924(a)(1)(B) of title 18, United States Code, is amended by inserting (a)(10), before (f).


110 HR 5468 IH: Nino's

U.S. House of Representatives
2008-02-14
text/xml
EN
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		I
		110th CONGRESS
		2d Session
		H. R. 5468
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2008
			Mr. Shuster (for
			 himself and Mr. Platts) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to provide
		  Medicaid coverage of drugs prescribed for certain research study child
		  participants.

		1.Short titleThis Act may be cited as the
			 Nino's
			 Act.
		2.Medicaid coverage
			 of drugs prescribed for research study child participants
			(a)Mandatory
			 coverage if State provides drug coverage
				(1)State plan
			 requirementSection 1902(a) of the Social Security Act (42 U.S.C.
			 1396a(a)) is amended—
					(A)in paragraph (69),
			 by striking and at the end;
					(B)in paragraph (70),
			 by striking the period at the end and inserting ; and;
			 and
					(C)by inserting after
			 paragraph (70) the following new paragraph:

							(71)in the case of a
				State plan that provides medical assistance for prescribed drugs under section
				1905(a)(12), provide for such medical assistance to include coverage for any
				drug, biological product, or insulin prescribed for a child (including any such
				drug, product, or insulin that is self-administered) who—
								(A)is eligible for
				medical assistance under the State plan (including a child who is eligible only
				on the basis of paragraph (10)(A)(i)(VIII));
								(B)is a current or
				former participant in a research study conducted or funded (in whole or in
				part) by the National Institutes of Health; and
								(C)satisfies the
				requirements of subparagraphs (B), (C), and (D) of subsection
				(dd)(1).
								.
					(2)Mandatory
			 coverage of drugs of research study child participants who are not otherwise
			 eligible for Medicaid if the State offers drug coverage
					(A)In
			 generalSection
			 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396b(a)(10)(A)(i)) is
			 amended—
						(i)in
			 subclause (VI), by striking or at the end;
						(ii)in
			 subclause (VII), by adding or at the end; and
						(iii)by
			 adding at the end the following new subclause:

								(VIII)who are
				research study child participants described in subsection (dd)(1), but only if
				the medical assistance made available by the State includes prescribed drugs
				under section
				1905(a)(12),
								.
						(B)Group
			 describedSection 1902 of the Social Security Act (42 U.S.C.
			 1396a) is amended by adding at the end the following new subsection:

							(dd)(1)Research study child
				participants described in this subsection are individuals who—
									(A)are not otherwise eligible for medical
				assistance under the State plan;
									(B)have not attained age 19;
									(C)have been certified by a physician
				participating in a research study conducted or funded (in whole or in part) by
				the National Institutes of Health to be current or former participants in such
				trial or study who have a specific disease or condition that—
										(i)is or has been successfully treated
				under such trial or study with a prescribed use of a drug, biological product,
				or insulin that is not approved under the Federal Food, Drug, and Cosmetic Act;
				and
										(ii)is likely to continue to be
				successfully treated with such drug, product, or insulin; and
										(D)do not have other health coverage for
				such drug, product, or insulin.
									(2)A State shall redetermine not less
				than every 2 years the eligibility of an individual for medical assistance who
				is eligible solely on the basis of subsection (a)(10)(A)(i)(VIII).
								(3)For purposes of this subsection and
				paragraphs (10)(A)(i)(VIII) and (71) of subsection (a), the term research
				study means a clinical study, including an observational (or natural
				history) study, or a clinical trial, to test an experimental
				therapy.
								.
					(C)Medical
			 assistance limited to coverage of the research or observational trial drugs,
			 biological product, or insulinSection 1902(a)(10) of the Social
			 Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following
			 subparagraph (G)—
						(i)by
			 striking and (XIV) and inserting (XIV);
			 and
						(ii)by
			 inserting , and (XV) the medical assistance made available to a research
			 study child participant described in subsection (dd)(1) who is eligible for
			 medical assistance solely on the basis of subparagraph (A)(10)(i)(VIII) shall
			 be limited to medical assistance for a drug, biological product, or insulin
			 that is prescribed for the participant as a result of participation in such
			 trial or study (including any such drug, product, or insulin that is
			 self-administered) before the semicolon.
						(D)Conforming
			 amendmentSection 1903(f)(4) of such Act (42 U.S.C. 1396b)(f)(4))
			 is amended in the matter preceding subparagraph (A) by inserting
			 1902(a)(10)(A)(i)(VIII), after
			 1902(a)(10)(A)(i)(VII),.
					(b)Presumptive
			 eligibilitySection 1920B of the Social Security Act (42 U.S.C.
			 1396r–1b) is amended—
				(1)in the section
			 heading, by inserting or research study child
			 participants after patients;
				(2)in subsection (a),
			 by inserting or a child who is eligible for medical assistance under the
			 State plan (including a child who is eligible only on the basis of section
			 1902(a)(10)(A)(i)(VIII) but subject to the limitation on medical assistance for
			 such a child under clause (XV) of the matter following section 1902(a)(10)(G)),
			 is a current or former participant in a research study conducted or funded (in
			 whole or in part) by the National Institutes of Health, and satisfies the
			 requirements of subparagraphs (B), (C), and (D) of section 1902(dd)(1)
			 after patients);
				(3)in subsection
			 (b)(1)(A), by inserting or subsection (a) after
			 1902(aa); and
				(4)in
			 subsection (d), in the flush language following paragraph (2), by striking
			 for purposes of clause (4) of the first sentence of section
			 1905(b) and inserting for purposes of the first sentence of
			 section 1905(b) (and, in the case of medical assistance furnished to an
			 individual described in section 1902(aa), for purposes of clause (4) of such
			 sentence).
				(c)Notice of
			 medicaid coverage for research study child participants
				(1)In
			 generalNot later than 90 days after the date of enactment of
			 this Act, the Secretary of Health and Human Services, in consultation with the
			 Director of the Institutes of Health and State Medicaid Directors,
			 shall—
					(A)develop a written
			 notice for child participants in research studies (as defined in section
			 1902(dd)(3) of the Social Security Act, as added by subsection (a)(2)(B))
			 conducted or funded (in whole or in part) by the National Institutes of Health
			 who are likely to eligible for medical assistance for a drug, biological
			 product, or insulin prescribed for such participants as a result of
			 participation in such a study (including any such drug, product, or insulin
			 that is self-administered) in accordance with paragraph (10)(A)(i)(VIII) or
			 (71) of section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) (as
			 added by subsection (a)), of the availability of such assistance; and
					(B)establish
			 procedures for making such notice available to the child participants through
			 physicians participating in such research studies or such other means as the
			 Secretary determines appropriate.
					(2)Authorization of
			 appropriationsThere is authorized to be appropriated for fiscal
			 year 2008 and each fiscal year thereafter such sums as may be necessary to
			 carry out this subsection.
				(d)Effective
			 dateThe amendments made by this section apply to medical
			 assistance for items and services furnished on or after the date of enactment
			 of this Act, without regard to whether final regulations to carry out such
			 amendments have been promulgated.


		II

		109th CONGRESS

		2d Session

		S. 2569

		IN THE SENATE OF THE UNITED

		  STATES

			April 6, 2006

			Mr. Hatch introduced the following

			 bill; which was read twice and referred to the

			 Committee on Energy and Natural

			 Resources

		A BILL

		To authorize Western States to make

		  selections of public land within their borders in lieu of receiving five per

		  centum of the proceeds of the sale of public land lying within said States as

		  provided by their respective Enabling Acts.

		1.Short titleThis Act may be cited as the

			 Action Plan for Public Lands and

			 Education Act of 2005.

		2.FindingsThe Congress finds as follows:

			(1)Western States,

			 as a group, are falling behind in education funding as measured by growth of

			 real per pupil expenditures from 1979 to 1998.

			(2)Eleven of the 12

			 States with the lowest real growth in per pupil expenditures are Western

			 States.

			(3)The growth rate

			 of real per pupil expenditures in the 13 Western States is less than half such

			 rate in the 37 other States (28 percent versus 57 percent).

			(4)On effect of less

			 funding for public education in the West is higher pupil-per-teacher

			 ratios.

			(5)Ten of the twelve

			 States with the largest pupil-per-teacher ratios are Western States.

			(6)On average, the

			 13 Western States have 3 more students per classroom than the 37 other

			 States.

			(7)Over the next 10

			 years, the rate of enrollment growth is projected to be much higher in Western

			 States than in other States.

			(8)On average, the

			 rate of enrollment growth of Western States is projected to increase

			 dramatically, while the rate of enrollment growth of other States is projected

			 to actually decrease.

			(9)The State and

			 local taxes of Western States as a percentage of personal income are as high as

			 or higher than other States.

			(10)Despite the fact

			 that Western States tax at a comparable rate and allocate as much of their

			 budgets to public education as other States, Western States have lower real

			 growth in per pupil expenditures and have higher pupil-per-teacher

			 ratios.

			(11)The Federal

			 Government is the source and potential solver of the problem because of the

			 enormous amount of land the Federal Government owns in Western States.

			(12)All States east

			 of an imaginery vertical line from Montana to New Mexico have, on average, 4.1

			 percent of their land federally owned, while the Western States on average have

			 51.9 percent of their land federally owned.

			(13)The Acts

			 enabling the people of territories of the American West to form their

			 constitutions and State governments and providing for the admission of such

			 States into the Union on equal footing with the original States, included a

			 common provision of which the following example is typical That five per

			 centum of the proceeds of the sales of public land lying within said States,

			 which shall be sold by the United States subsequent to the admission of said

			 State into the Union, after deducting all the expenses incident to the same,

			 shall be paid to the said State, to be used as a permanent fund, the interest

			 of which only shall be expended for the support of the common schools within

			 said State..

			(14)The plain

			 language of these enabling acts proclaims that the public land shall be

			 sold by the United States subsequent to the admission of the States

			 into the Union.

			(15)The United

			 States honored the foregoing language by selling public land within the Western

			 States until the passage of the Federal Land Policy and Management Act of 1976,

			 wherein Congress declared that the policy of the United States was to retain

			 public land in Federal ownership and management.

			(16)The United

			 States has broken its solemn compact with the Western States and breached its

			 fiduciary duty to the school children who are designated beneficiaries of the

			 sale of public land under the terms of the respective enabling Acts of the

			 Western States.

			(17)The current

			 shortfall in funding public education in the Western States requires immediate

			 Congressional action to remedy the above-described discriminatory Federal land

			 policy and prevent the further disadvantaging of the school children of the

			 Western States.

			(18)The most

			 efficient and cost effective remedy now available to the United States is to

			 grant to the Western States 5 percent of the remaining federal land located

			 within each State, authorizing each State to select such land from the

			 unappropriated public land of the United States within the boundaries of said

			 State as will satisfy the grant.

			3.Quantity Grants

			 to Western States for Education Improvement

			(a)Quantity Land

			 GrantsInstead of receiving, for the support of the common

			 schools, 5 percent of the proceeds of the sales of federally owned land lying

			 within the Western States which have not been sold by the United States as of

			 July 1, 2005, grants of land are hereby made to the Western States. The amount

			 of land granted to each State shall be equal to 5 percent of the number of

			 acres of federally owned land within the State as of July 1, 2005.

			(b)Selection

			 Process

				(1)In

			 generalEach Western State shall select from the unappropriated

			 public lands within the borders of the State in such manner as the legislature

			 of the State may provide, land equal in acreage to five percent of the

			 federally owned land in the State as of July 1, 2005.

				(2)Calculation of

			 acreage and notification of stateThe Secretary shall calculate

			 the exact acreage of federally owned land in each Western State as of July 1,

			 2005, and designate the unappropriated public land, as defined herein, eligible

			 for selection by the State. The Secretary shall communicate to each of the

			 Western States the respective acreage calculation and designation of land

			 eligible for selection not later than 1 year after the date of the enactment of

			 this Act.

				(c)Application of

			 Certain LawSelection and transfer of land under this Act shall

			 not be considered a major Federal action for the purposes of section 102(2)(C)

			 of the National Environmental Policy Act of 1969.

			(d)Mineral and Oil

			 and Gas Rights

				(1)In

			 generalAll mineral, oil, and gas rights to the land selected by

			 the Western States under this Act shall become the property of the relevant

			 Western State unless the Federal lessee of the selected land is making royalty

			 payments to the United States from production of minerals, oil, or gas,

			 whereupon the particular leasehold interest shall remain in the ownership of

			 the United States until the leasehold interest terminates. After that

			 termination, the mineral, oil, and gas rights shall become the property of the

			 relevant Western State.

				(2)Selection of

			 surface rightsWestern States may select only the surface of

			 eligible land if the land is located on subsurface mineral, oil, or gas

			 deposits that are generating royalty payments to the United States. The entire

			 mineral, oil, and gas estate shall become the property of the Western State

			 upon termination of the Federal lease.

				(e)Permanent

			 School FundAll land selected by each of the Western States shall

			 be held in trust by a State educational agency empowered to sell or lease such

			 land, the proceeds of which shall be used as a permanent fund, the interest of

			 which shall be expended only for the support of public education.

			(f)DefinitionsIn

			 this Act:

				(1)The term

			 Western States means Alaska, Arizona, California, Colorado,

			 Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and

			 Wyoming.

				(2)The term

			 Secretary means the Secretary of the Interior or the Secretary

			 of Agriculture, as appropriate.

				(3)The term

			 State educational agency means the agency of the State primarily

			 responsible for the supervision of education.

				(4)The term

			 federally owned land means all land held in the name of the

			 United States or any agency thereof, including land held in trust, United

			 States military reservations, Indian reservations, and any other land used for

			 Federal purposes.

				(5)The term

			 unappropriated public lands means any and all land under the

			 management and control of the Bureau of Land Management or United States Forest

			 Service, excluding land that is—

					(A)held in

			 trust;

					(B)located within a

			 United States military reservation;

					(C)a unit of the

			 National Park System;

					(D)a Wildlife

			 Refuge;

					(E)a Wilderness Area

			 designated by Congress; or

					(F)a National

			 Historic Site.


117 S1334 IS: PFAS Accountability Act of 2021
U.S. Senate
2021-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1334IN THE SENATE OF THE UNITED STATESApril 22, 2021Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Toxic Substances Control Act to codify a Federal cause of action and a type of remedy available for individuals significantly exposed to per- and polyfluoroalkyl substances, to encourage research and accountability for irresponsible discharge of those substances, and for other purposes.1.Short titleThis Act may be cited as the PFAS Accountability Act of 2021.2.FindingsCongress finds that—(1)the Centers for Disease Control and Prevention has detected numerous perfluoroalkyl and polyfluoroalkyl substances (referred to in this Act as PFAS) in the blood serum of individuals in the United States, all of which come from manufacturing and use of PFAS by humans, as there is no natural source of PFAS in human blood;(2)peer-reviewed studies by other organizations have detected PFAS in the drinking water of at least 200,000,000 individuals in the United States;(3)PFAS are introduced into the market every year, and little research is conducted to ensure the safety of PFAS for individuals;(4)as of the day before the date of enactment of this Act, a Federal statutory cause of action does not exist for individuals harmed by the long-term effects of PFAS exposure; and(5)PFAS exposure, even at low levels, has been linked to chronic diseases, including cancer, reproductive and developmental harms, and harms to the immune system.3.PurposesThe purposes of this Act are—(1)to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing by codifying—(A)a Federal cause of action for individuals significantly exposed to PFAS; and (B)a medical monitoring remedy for those individuals;(2)to help address harm to individuals significantly exposed to PFAS by—(A)codifying that harm as an injury at law and equity; and(B)shifting the costs of medical monitoring from those individuals to the parties responsible for the exposure; and(3)to provide incentives for industry to fund PFAS safety research.4.Cause of action and remedies(a)In generalThe Toxic Substances Control Act is amended by inserting after section 24 (15 U.S.C. 2623) the following:25.Individuals exposed to perfluoroalkyl and polyfluoroalkyl substances(a)Definition of PFASIn this section, the term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least 1 fully fluorinated carbon atom.(b)Cause of actionAn individual who is significantly exposed to PFAS or has reasonable grounds to suspect that the individual was significantly exposed to PFAS may bring a claim, individually or on behalf of a class of similarly situated individuals, in any district court of the United States for appropriate legal and equitable relief against any person that—(1)engaged in any portion of a manufacturing process that created the PFAS to which the individual was significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the individual was significantly exposed; and(2)foresaw or reasonably should have foreseen that the creation or use of PFAS would result in human exposure to PFAS.(c)Medical monitoring(1)In generalA court may award medical monitoring to an individual or class of individuals bringing a claim under subsection (b) if—(A)the individual or class has been significantly exposed to PFAS;(B)as a result of that exposure, the individual or class has suffered an increased risk of developing a disease associated with exposure to PFAS;(C)as a result of that increased risk, there is a reasonable basis for the individual or class to undergo periodic diagnostic medical examinations of a nature or frequency that is different from or additional to what would be prescribed in the absence of the exposure; and(D)those medical examinations are effective in detecting a disease associated with exposure to PFAS.(2)Presumption of significant exposure(A)IndividualsAn individual plaintiff shall be presumed to have been significantly exposed to PFAS under paragraph (1)(A) if the individual—(i)demonstrates that—(I)the defendant engaged in any portion of a manufacturing process that created the PFAS to which the individual was significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the individual was significantly exposed; and(II)the PFAS described in subclause (I) were released into 1 or more areas where the individual would have been exposed for a cumulative period of not less than 1 year; or(ii)offers testing results that demonstrate that PFAS or metabolites of PFAS have been or are currently detected in the body or blood serum of the individual.(B)Class actionsIn a class action, a presumption of significant exposure to PFAS under paragraph (1)(A) shall be established for the class by—(i)demonstrating that—(I)the defendant engaged in any portion of a manufacturing process that created the PFAS to which the class members were significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the class members were significantly exposed; and(II)the PFAS described in subclause (I) were released into 1 or more areas where a representative portion of the class members would have been exposed for a cumulative period of not less than 1 year; or (ii)offering testing results that demonstrate that PFAS or metabolites of PFAS have been or are currently detected in the bodies of a representative portion of class members that share sufficient common exposure characteristics with the class.(3)Rebutting the presumption(A)In generalA defendant may rebut a presumption of significant exposure with respect to an individual plaintiff or class member for which testing results are not offered under subparagraph (A)(ii) or (B)(ii) of paragraph (2) by offering results for that individual or class member of testing that—(i)uses a generally accepted method for detecting the particular PFAS or metabolites of PFAS at issue;(ii)is performed by an independent provider agreed on by both parties; and(iii)confirms that the relevant PFAS or metabolites of PFAS likely were not present in the body of the individual or class member at the relevant time in a sufficient quantity to qualify as significant exposure under paragraph (1)(A).(B)CostsA defendant shall be responsible for the costs of testing under subparagraph (A).(C)Independent providerIf both parties cannot agree on an independent provider under subparagraph (A)(ii), the court shall appoint an independent provider.(4)Increased risk of developing disease(A)In generalIf there is insufficient toxicological data to reasonably determine whether an individual or class has suffered an increased risk of developing a disease associated with exposure to any individual PFAS or group of PFAS under paragraph (1)(B), a court may lower the standard for scientific proof with regard to the increased risk of developing that disease until independent and reliable toxicological data is available with respect to that individual PFAS or group of PFAS.(B)Ordering studiesTo make available independent and reliable toxicological data described in subparagraph (A) with respect to an individual PFAS or group of PFAS, a court may order new or additional epidemiological, toxicological, or other studies or investigations of that individual PFAS or group of PFAS as part of a medical monitoring remedy awarded under paragraph (1).(d)Sense of CongressIt is the sense of Congress that courts should encourage more reliable and independent research into the latent health effects of PFAS.(e)Effect on State law claims and remediesNothing in this section—(1)preempts, alters, bars, or precludes any State law claims or remedies, including any State law claims or remedies for an injury addressed by this section; or(2)provides an exclusive claim or remedy..(b)Clerical amendmentThe table of contents for the Toxic Substances Control Act (Public Law 94–469; 90 Stat. 2003) is amended by inserting after the item relating to section 24 the following:Sec. 25. Individuals exposed to perfluoroalkyl and polyfluoroalkyl substances..


		II
		112th CONGRESS
		1st Session
		S. 1490
		IN THE SENATE OF THE UNITED STATES

			August 2, 2011
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Patient Protection and Affordable Care Act
		  to authorize additional funding for the pregnancy assistance
		  fund.

		1.Short
			 titleThis Act may be cited as
			 the Pregnancy Assistance Fund
			 Expansion Act.
		2.Additional
			 funding for the Pregnancy Assistance FundSection 10214 of the Patient Protection and
			 Affordable Care Act (42 U.S.C. 18204) is amended by adding at the end the
			 following: In addition to amounts authorized to be appropriated in the
			 previous sentence, there are authorized to be appropriated to carry out section
			 10210, an additional $25,000,000 for each of fiscal years 2012 through
			 2019..


114 HR 1520 IH: Social Security and Medicare Lock-Box Act
U.S. House of Representatives
2015-03-19
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.

		I
		114th CONGRESS
		1st Session
		H. R. 1520
		IN THE HOUSE OF REPRESENTATIVES

			March 19, 2015
			Mr. Walberg introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus
			 Protection Account in the Federal Old-Age and Survivors Insurance Trust
			 Fund to hold the Social Security surplus and a Medicare Surplus Protection
			 Account in the Federal Hospital Insurance Trust Fund to hold the Medicare
			 surplus, to provide for suspension of investment of amounts held in such
			 Accounts until enactment of legislation providing for investment of the
			 Trust Funds in investment vehicles other than obligations of the United
			 States, and to establish a Social Security and Medicare Part A Investment
			 Commission to make recommendations for alternative forms of investment of
			 the Social Security and Medicare surpluses.

		1.Short title; findings
 (a)Short titleThis Act may be cited as the Social Security and Medicare Lock-Box Act. (b)Findings regarding social security and Medicare part AThe Congress finds the following:
				(1)
 (A)Long term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance.
 (B)According to the 2014 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2034, and the Disability Insurance Trust Fund alone will be depleted by 2016.
 (C)According to the 2014 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2030.
					(2)
 (A)The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds.
 (B)In their message to the public, included in the 2014 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, Neither Medicare nor Social Security can sustain projected long-run program costs in full under currently scheduled financing, and legislative changes are necessary to avoid disruptive consequences for beneficiaries and taxpayers. If lawmakers take action sooner rather than later, more options and more time will be available to phase in changes so that the public has adequate time to prepare..
 (3)Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity.
 (4)Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses.
 2.Interim protections for Social Security trust fund surplusSection 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended— (1)by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty;
 (2)by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B); and (3)by adding at the end the following new paragraph:

					(2)
 (A)There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2016, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount.
 (B)For purposes of subparagraph (A), the term social security surplus means, for any fiscal year, the excess, if any, of— (i)the sum of—
 (I)the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year,
 (II)the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and
 (III)the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over
 (ii)the sum of— (I)benefits paid from the Trust Fund during the fiscal year, and
 (II)amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year.
 (C)Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee.
						(D)
 (i)The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2016, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States.
 (ii)A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act...
			3.Interim protections for Medicare part A trust fund surplus
 (a)In generalSection 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended— (1)by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty;
 (2)by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B); and (3)by adding at the end the following new paragraph:

						(2)
 (A)There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the Account). As soon as practicable after the end of each fiscal year after fiscal year 2016, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount.
 (B)For purposes of subparagraph (A), the term Medicare part A surplus means, for any fiscal year, the excess, if any, of— (i)the sum of—
 (I)the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and
 (II)the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over
 (ii)the sum of— (I)benefits paid from the Trust Fund during the fiscal year; and
 (II)amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year.
 (C)Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee.
							(D)
 (i)The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2016, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States.
 (ii)A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act...
				4.Social Security and Medicare Part A Investment Commission
 (a)EstablishmentThere is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the Commission).
 (b)Study and reportAs soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2016, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations.
 (c)CompositionThe Commission shall be composed of— (1)3 members appointed by the President, of whom 1 shall be designated by the President as Chairman;
 (2)2 members appointed by the Speaker of the House of Representatives; (3)1 member appointed by the minority leader of the House of Representatives;
 (4)2 members appointed by the majority leader of the Senate; and (5)1 member appointed by the minority leader of the Senate.
 (d)Membership requirementsMembers of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.
 (e)Length of appointmentsMembers of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment.
			(f)Administrative provisions
 (1)MeetingsThe Commission shall meet— (A)not less than once during each month; and
 (B)at additional times at the call of the Chairman. (2)Exercise of powers (A)In generalThe Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business.
 (B)VacanciesA vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission.
					(g)Compensation
 (1)In generalEach member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission.
 (2)ExpensesA member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Commission.
 (h)TerminationThe Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).


115 HR 6085 IH: Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act of 2018
U.S. House of Representatives
2018-06-13
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.

I115th CONGRESS2d SessionH. R. 6085IN THE HOUSE OF REPRESENTATIVESJune 13, 2018Ms. Eshoo (for herself and Mr. Lance) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo revise and extend the Prematurity Research Expansion and Education for Mothers who deliver
			 Infants Early Act (PREEMIE Act).

 1.Short titleThis Act may be cited as the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act of 2018 or the PREEMIE Reauthorization Act of 2018.
		2.Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm
 and low birthweight infantsSection 2 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f) is amended—
 (1)in subsection (b)— (A)in paragraph (1)(A), by striking clinical, biological, social, environmental, genetic, and behavioral factors relating and inserting biological, social, and other determinants that contribute to health disparities and are related; and
 (B)in paragraph (2), by striking concerning the progress and any results of studies conducted under paragraph (1) and inserting regarding activities and studies conducted under paragraph (1), including any applicable analyses of preterm birth. Such report shall be posted on the Internet website of the Department of Health and Human Services.;
 (2)by striking subsection (c) and inserting the following:  (c)Pregnancy risk assessment monitoring surveyThe Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall—
 (1)continue systems for the collection of maternal-infant clinical and biomedical information, including electronic health records, electronic databases, and biobanks, to link with the Pregnancy Risk Assessment Monitoring System (PRAMS) and other epidemiological studies of prematurity in order to track, to the extent practicable, all pregnancy outcomes and prevent preterm birth;
 (2)provide technical assistance, as appropriate, to support States in improving the collection of information pursuant to this subsection.; and
 (3)in subsection (e), by striking except for subsection (c), $1,880,000,000 for each of fiscal years 2014 through 2018 and inserting $2,000,000 for each of fiscal years 2019 through 2023. 3.Public and health care provider education and support servicesSection 399Q of the Public Health Service Act (42 U.S.C. 280g–5) is amended—
 (1)in subsection (a)— (A)by striking conduct demonstration projects for the purpose of improving and inserting continue efforts to improve; and
 (B)by striking for babies born preterm and inserting mothers of infants born preterm, and infants born preterm, including through demonstration projects, as appropriate; and
 (2)in subsection (b)— (A)in the matter preceding paragraph (1), by striking under the demonstration project;
 (B)in paragraph (1)— (i)in the matter preceding subparagraph (A), by striking programs to test and evaluate various and inserting programs which, in collaboration with States, localities, and community organizations, support;
 (ii)by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (iii)by inserting after subparagraph (A), the following:

 (B)evidence-based strategies to prevent preterm birth and associated outcomes;; (iv)in subparagraph (C), as so redesignated, by inserting , and the risks of non-medically indicated deliveries before full term before the semicolon;
 (v)in subparagraph (D), as so redesignated— (I)in clause (ii), by inserting intake before the semicolon;
 (II)in clause (iii), by striking and at the end; (III)by redesignating clause (iv) as clause (vii); and
 (IV)by inserting after clause (iii), the following:  (iv)screening for and treatment of substance use disorders;
 (v)screening and treatment of maternal depression; (vi)maternal immunization; and;
 (vi)in subparagraph (E), as so redesignated, by adding and after the semicolon; (vii)in subparagraph (F), as so redesignated, by striking ; and and inserting a period; and
 (viii)by striking subparagraph (G), as so redesignated; and (C)in paragraph (2), by inserting , as well as prevention of a future preterm birth before the semicolon.
 4.Advisory Committee on Infant MortalitySection 104(b) of the PREEMIE Reauthorization Act (42 U.S.C. 247b–4f note) is amended— (1)in paragraph (2)—
 (A)in the matter preceding subparagraph (A), by striking and recommendations to the Secretary concerning the following activities and inserting , recommendations, or information to the Secretary as may be necessary to improve activities and programs to reduce severe maternal morbidity and infant mortality and preterm birth, which may include recommendations, advice, or information related to the following;
 (B)in subparagraph (A), by striking and improving the health status of pregnant women and infants and inserting , preterm birth, and improving the health status of pregnant women and infants, and information on cost-effectiveness and outcomes of such programs;
 (C)in subparagraph (C), by striking Implementation of the and inserting The; and (D)by striking subparagraph (D) and inserting the following:

 (D)Implementation of Healthy People objectives related to maternal and infant health. (E)Strategies to reduce racial, ethnic, geographic, and other health disparities in birth outcomes.
 (F)Strategies, including the implementation of such strategies, to address gaps in Federal research, programs, and education efforts related to the prevention of severe maternal morbidity and infant mortality, and other adverse birth outcomes.;
 (2)by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and (3)by adding at the end the following:

 (4)Biennial reportNot later than 1 year after the date of enactment of the PREEMIE Reauthorization Act of 2018, and every 2 years thereafter, the Advisory Committee shall— (A)publish a report summarizing activities and recommendations of the Advisory Committee since the publication of the previous report;
 (B)submit such report to the Secretary and the appropriate Committees of Congress; and (C)post such report on the Internet website of the Department of Health and Human Services..
			5.Interagency working group
 (a)In generalThe Secretary of Health and Human Services may establish an interagency working group in order to improve coordination of programs and activities within the Department of Health and Human Services to prevent preterm birth, infant mortality, and related adverse birth outcomes.
 (b)DutiesThe working group established under subsection (a) shall— (1)identify gaps, duplication, or overlap in Federal programs and activities related to preterm birth and infant mortality;
 (2)assess the extent to which the goals and metrics of relevant programs and activities within the Department of Health and Human Services are aligned;
 (3)assess the extent to which such programs are coordinated across agencies within such Department; and
 (4)make specific recommendations, as applicable, to reduce or minimize unnecessary duplication and overlap and improve coordination of goals, programs, and activities across agencies within such Department.
 (c)ReportNot later than 1 year after the date on which the working group is established under subsection (a), the Secretary of Health and Human Services 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 summarizing the findings of the working group under subsection (b) and the specific recommendations to improve Federal programs at the Department of Health and Human Services under subsection (b)(4).


113 HR 4124 IH: Protecting Youth from Solitary Confinement Act
U.S. House of Representatives
2014-02-28
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
		2d Session
		H. R. 4124
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2014
			Mr. Cárdenas (for himself, Mr. Vargas, Mr. Scott of Virginia, Mr. Danny K. Davis of Illinois, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to ensure that juveniles adjudicated in Federal delinquency
			 proceedings are not subject to solitary confinement while committed to
			 juvenile facilities.

		1.Short titleThis Act may be cited as the Protecting Youth from Solitary Confinement Act.
		2.Juveniles adjudicated in Federal delinquency proceedings not subject to solitary confinement while
			 committed to juvenile facilities
		Section 5039 of title 18, United States Code, is amended—
			(1)by adding No juvenile in Federal custody held in juvenile facilities may be subject to solitary confinement. at the end of the second undesignated paragraph; and
			(2)by inserting after the second undesignated paragraph the following:
				Not later than 180 days after the end of each fiscal year, the Director of the Board of Prisons
			 shall submit to the President and Congress a report with respect to the
			 preceding fiscal year. The report shall contain a detailed summary and
			 analysis of the most recent data regarding the rate at which juveniles are
			 subject to solitary confinement and the trends demonstrated by the data
			 described in the next sentence. The data referred to in the preceding
			 sentence are, for each juvenile who was subject to solitary confinement
			 during the period to which the report pertains, the types of offenses for
			 which the juvenile is incarcerated, the race, gender, and age of the
			 juvenile, how many hours the juvenile was subject to solitary confinement;
			 and the purpose for the solitary confinement..


114 S1190 IS: Ensuring Seniors Access to Local Pharmacies Act of 2015
U.S. Senate
2015-05-05
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.

		II
		114th CONGRESS1st Session
		S. 1190
		IN THE SENATE OF THE UNITED STATES

			May 5, 2015
			Mrs. Capito (for herself, Mr. Manchin, Mr. Cotton, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to ensure equal access of Medicare beneficiaries to
			 community pharmacies in underserved areas as network pharmacies under
			 Medicare prescription drug coverage, and for other purposes.

		1.Short title
 This Act may be cited as the Ensuring Seniors Access to Local Pharmacies Act of 2015.
		2.Allowing any willing pharmacy serving an underserved area to become a network pharmacy under
			 medicare prescription drug coverage
 (a)In generalSection 1860D–4(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w–104(b)(1)(B)) is amended— (1)by striking Discounts allowed for network pharmacies.—For and inserting the following: “Discounts allowed for network pharmacies.—

 (i)In generalFor; and (2)by adding at the end the following new clause:

 (ii)Inclusion of pharmacies located in underserved areas in networksIn the case of a prescription drug plan that has, in its network of pharmacies, one or more pharmacies located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act), in a medically underserved area (according to a designation under section 330(b)(3)(A) of the Public Health Service Act), or among a medically underserved population (as defined in such section 330(b)(3)(A) of such Act), and that provides a reduction in coinsurance or copayments described in clause (i) for covered part D drugs dispensed through such pharmacies, such plan shall extend to any pharmacy located in such area or among such population the option to be an in-network pharmacy with respect to such plan under terms and conditions (including the reductions described in clause (i)) comparable to those the plan has agreed upon with other in-network pharmacies located in such area or among such population..
 (b)Effective dateThe amendments made by this section shall apply to plan years beginning on or after January 1, 2016.


		III

		109th CONGRESS

		1st Session

		S. RES. 249

		IN THE SENATE OF THE UNITED STATES

			September 22, 2005

			Mr. Akaka (for himself

			 and Mr. Inouye) submitted the following

			 resolution; which was considered and agreed to

		RESOLUTION

		Commemorating the Oahu All-Stars for

		  winning the 2005 Cal Ripken World Series and the Hawaii Warriors for winning

		  the 2005 Continental Amateur Baseball Association World Series (ages

		  9-under).

		Whereas on August 21, 2005, the Oahu All-Stars won the

			 2005 Cal Ripken World Series;

		Whereas the team from Oahu worked together in the 1 hit

			 shutout title game to beat the series reigning champs, Team Mexico;

		Whereas the manager and coaching staff, Gerald Oda, Keith

			 Oda, and Staphe Fujimoto, respectively, had the ability to instill 14 boys from

			 Oahu with the confidence and skills needed to succeed in a world

			 competition;

		Whereas Kewby Meyer was named the Most Outstanding Player

			 in the series;

		Whereas Kewby Meyer, Timmy Arakawa, Gavin Okada, and

			 Kalani Lagoc-Crawford were named to the 2005 United States All World Series

			 Team and Kash Kalohelani, Ryan Cortez, and Ryan Yamane were named to the 2005

			 All Defensive Team;

		Whereas on August 5, 2005, the Hawaii Warriors won the

			 2005 Continental Amateur Baseball Association World Series (ages 9-under)

			 championship game;

		Whereas the team battled from behind in the final innings

			 of the championship game to beat the Cincinnati Flames and complete the series

			 with a perfect 9-0 record; and

		Whereas all of the teams' players showed tremendous

			 dedication throughout their tournaments toward the goal of winning World Series

			 Championships and displayed great class and sportsmanship in victory: Now,

			 therefore, be it

		That the Senate—

			(1)commends the Oahu

			 All-Stars for winning the 2005 Cal Ripken World Series title game and the

			 Hawaii Warriors for winning the 2005 Continental Amateur Baseball Association

			 World Series (ages 9-under);

			(2)recognizes the

			 achievements of all the teams' players, coaches, and support staff, and invites

			 them to the United States Capitol to be honored;

			(3)urges the

			 President to—

				(A)recognize the

			 achievements of the Oahu All-Star team and the Hawaii Warriors team; and

				(B)invite the teams

			 to the White House for an appropriate ceremony honoring these world

			 championship teams; and

				(4)directs the

			 Secretary of the Senate to make available enrolled copies of this resolution to

			 the Oahu All-Star team and the Hawaii Warriors team for appropriate

			 display.


IV
110th CONGRESS
2d Session
S. CON. RES. 72
IN THE HOUSE OF REPRESENTATIVES

May 8, 2008
Referred to the Committee on Foreign Affairs

CONCURRENT RESOLUTION
Supporting the goals and ideals of the International Year of Sanitation.

Whereas at the 55th Session of the United Nations General Assembly in 2000, the United States, along with other world leaders, committed to achieving the Millennium Development Goals (MDGs), which provide a framework for countries and international organizations to combat such global social ills as poverty, hunger, and disease;
Whereas one target of the Millennium Development Goals is to halve by 2015 the proportion of people without access to safe drinking water and basic sanitation, the only target to be codified into United States law, in the Paul Simon Water for the Poor Act of 2005 (Public Law 109–121);
Whereas the lack of access to safe water and sanitation is one of the most pressing environmental public health issues in the world;
Whereas over 1,000,000,000 people live without potable water, and an estimated 2,600,000,000 people, including 980,000,000 children, do not have access to basic sanitation facilities;
Whereas every 20 seconds, a child dies as a direct result of a lack of access to basic sanitation facilities;
Whereas only 36 percent of people in sub-Saharan Africa and 37 percent of people in South Asia have access to safe drinking water and sanitation, the lowest rates in the world;
Whereas at any one time, almost half of the people in the developing world are suffering from diseases associated with lack of water, sanitation, and hygiene;
Whereas improved sanitation decreases the incidences of debilitating and deadly maladies such as cholera, intestinal worms, diarrhea, pneumonia, dysentery, and skin infections;
Whereas sanitation is the foundation of health, dignity, and development;
Whereas increased sanitation is fundamental for reaching all of the Millennium Development Goals;
Whereas access to basic sanitation helps economic and social development in countries where poor sanitation is a major cause of lost work and school days because of illness;
Whereas sanitation in schools enables children, particularly girls reaching puberty, to remain in the educational system;
Whereas according to the World Health Organization, every dollar spent on proper sanitation by governments generates an average $7 in economic benefit;
Whereas improved disposal of human waste protects the quality of water sources used for drinking, preparation of food, agriculture, and bathing;
Whereas at the 61st Session of the United Nations General Assembly in 2006, the United Nations declared 2008 as the International Year of Sanitation to recognize the progress made in achieving the global sanitation target detailed in the Millennium Development Goals, as well as to call upon all member states, United Nations agencies, regional and international organizations, civil society organizations, and other relevant stakeholders to renew their commitment to attaining that target;
Whereas the official launching of the International Year of Sanitation at the United Nations was on November 21, 2007; and
Whereas the thrust of the International Year of Sanitation has three parts, including raising awareness of the importance of sanitation and its impact on reaching other Millennium Development Goals, encouraging governments and its partners to promote and implement policies and actions for meeting the sanitation target, and mobilizing communities, particularly women’s groups, towards changing sanitation and hygiene practices through sanitation health-education campaigns: Now, therefore, be it

That Congress—
(1)supports the goals and ideals of the International Year of Sanitation;
(2)recognizes the importance of sanitation on public health, poverty reduction, economic and social development, and the environment; and
(3)encourages the people of the United States to observe the International Year of Sanitation with appropriate recognition, ceremonies, activities, and programs to demonstrate the importance of sanitation, hygiene, and access to safe drinking water in achieving the Millennium Development Goals.

  Passed the Senate May 7, 2008. Nancy Erickson, Secretary


114 HR 1757 IH: Tax Fairness for All Families Act of 2015
U.S. House of Representatives
2015-04-13
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
		114th CONGRESS
		1st Session
		H. R. 1757
		IN THE HOUSE OF REPRESENTATIVES

			April 13, 2015
			Mr. Nadler 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 provide an increasingly larger earned income credit
			 for families with more than 3 children.

 1.Short titleThis Act may be cited as the Tax Fairness for All Families Act of 2015. 2.Increased earned income credit for families with more than 3 children (a)In generalParagraph (1) of section 32(b) of the Internal Revenue Code of 1986 is amended to read as follows:

 (1)PercentagesFor purposes of subsection (a)— In the case of an eligible individual with:The credit percentage is:The phaseout percentage is:1 qualifying child34.0015.982 qualifying children40.0021.063 qualifying children45.0021.064 qualifying children50.0021.065 qualifying children55.0021.066 qualifying children60.0021.067 or more qualifying children65.0021.06No qualifying children7.657.65.. (b)Conforming amendmentParagraph (3) of section 32(b) of such Code is amended by striking subparagraph (A).
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.


115 HR 6358 IH: To authorize supplemental appropriations for fiscal year 2020 for community development block grants, and for other purposes.
U.S. House of Representatives
2020-03-23
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.

I116th CONGRESS2d SessionH. R. 6358IN THE HOUSE OF REPRESENTATIVESMarch 23, 2020Mr. Lynch introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo authorize supplemental appropriations for fiscal year 2020 for community development block grants, and for other purposes.1.Supplemental funding for community development block grants(a)Funding and allocations(1)Authorization of appropriationsThere is authorized to be appropriated $12,000,000,000 for assistance in accordance with this section under the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).(2)Initial allocation$6,000,000,000 of the amount made available pursuant to paragraph (1) shall be distributed pursuant to section 106 of such Act (42 U.S.C. 5306) to grantees and such allocations shall be made within 30 days after the date of the enactment of this Act.(3)Subsequent allocation(A)In generalThe $6,000,000,000 made available pursuant to paragraph (1) that remains after allocation pursuant to paragraph (2) shall be allocated, not later than 45 days after the date of the enactment of this Act, directly to States to prevent, prepare for, and respond to coronavirus within the State, including activities within entitlement and nonentitlement communities, based on public health needs, risk of transmission of coronavirus, number of coronavirus cases compared to the national average, and economic and housing market disruptions, and other factors, as determined by the Secretary, using best available data.(B)Technical assistanceOf the amount referred to in subparagraph (A), $10,000,000 shall be made available for capacity building and technical assistance to support the use of such amounts to expedite or facilitate infectious disease response.(4)Direct distributionOf the amount made available pursuant to paragraph (1), $3,000,000,000 shall be distributed directly to States and units of general local government, at the discretion of the Secretary of Housing and Urban Development (in this section referred to as the Secretary), according to a formula based on factors to be determined by the Secretary, prioritizing risk of transmission of coronavirus, number of coronavirus cases compared to the national average, and economic and housing market disruptions resulting from coronavirus.(5)Rolling allocationsAllocations under this subsection may be made on a rolling basis as additional needs develop and data becomes available.(6)Best available dataThe Secretary shall make all allocations under this subsection based on the best available data at the time of allocation.(b)Eligible activitiesAmounts made available pursuant to subsection (a) may be used only for—(1)eligible activities described in 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) relating to preventing, preparing for, or responding to the public health emergency relating to Coronavirus Disease 2019 (COVID-19); and(2)reimbursement of costs for such eligible activities relating to preventing, preparing for, or responding to Coronavirus Disease 2019 (COVID-19) that were accrued before the date of the enactment of this Act.(c)Inapplicability of public services capThe limitation under paragraph (8) of section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) on the amount that may be used for activities under such paragraph shall not apply with respect to—(1)amounts made available pursuant to subsection (a); and(2)amounts made available in preceding appropriation Acts for fiscal years 2019 and 2020 for carrying out title I of the Housing and Community Development Act of 1974, to the extent such amounts are used for activities described in subsection (b) of this section.(d)Waivers(1)In generalThe Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available pursuant to subsection (a)(1) and for fiscal years 2019 and 2020 (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974, including for the purposes of addressing the impact of coronavirus.(2)NoticeThe Secretary shall notify the public through the Federal Register or other appropriate means 5 days before the effective date of any such waiver or alternative requirement in order for such waiver or alternative requirement to take effect. Such public notice may be provided on the internet at the appropriate government website or through other electronic media, as determined by the Secretary.(e)Statements of activities; comprehensive housing affordability strategies(1)Inapplicability of requirementsSection 116(b) of such Act (42 U.S.C. 5316(b); relating to submission of final statements of activities not later than August 16 of a given fiscal year) and any implementing regulations shall not apply to final statements submitted in accordance with paragraphs (2) and (3) of section 104 of such Act (42 U.S.C. 5304(a)) and comprehensive housing affordability strategies submitted in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) for fiscal years 2019 and 2020.(2)New requirementsFinal statements and comprehensive housing affordability strategies shall instead be submitted not later than August 16, 2021.(3)AmendmentsNotwithstanding subsections (a)(2), (a)(3), and (c) of section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) and section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705), a grantee may not be required to amend its statement of activities in order to engage in activities to prevent, prepare, and respond to coronavirus or the economic and housing disruption caused by it, but shall make public a report within 180 days of the end of the crisis which fully accounts for such activities.(f)Public hearings(1)Inapplicability of in-person hearing requirementsA grantee may not be required to hold in-person public hearings in connection with its citizen participation plan, but shall provide citizens with notice and a reasonable opportunity to comment of not less than 15 days. (2)Virtual public hearingsDuring the period that national or local health authorities recommend social distancing and limiting public gatherings for public health reasons, a grantee may fulfill applicable public hearing requirements for all grants from funds made available pursuant to subsection (a)(1) and under the heading Department of Housing and Urban Development—Community Planning and Development—Community Development Fund in appropriation Acts for fiscal years 2019 and 2020 by carrying out virtual public hearings. Any such virtual hearings shall provide reasonable notification and access for citizens in accordance with the grantee’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses.(g)Duplication of benefitsThe Secretary shall ensure there are adequate procedures in place to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and act in accordance with section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254; 132 Stat. 3442) and section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).