117 S182 IS: Pecos Watershed Protection Act
U.S. Senate
2021-02-02
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. 182IN THE SENATE OF THE UNITED STATESFebruary 2, 2021Mr. Heinrich (for himself and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo withdraw certain Federal land in the Pecos Watershed area of the State of New Mexico from mineral entry, and for other purposes.1.Short titleThis Act may be cited as the Pecos Watershed Protection Act.2.Withdrawal of Federal land in Pecos Watershed area, New Mexico(a)Definition of Federal landIn this section, the term Federal land means the Federal land depicted as Pecos Withdrawal on the map entitled Pecos Watershed, upstream of I–25 Mineral Withdrawal and dated September 1, 2020. (b)WithdrawalSubject to valid rights in existence on the date of enactment of this Act, the Federal land is withdrawn from all forms of—(1)entry, appropriation, or disposal under the public land laws;(2)location, entry, and patent under the mining laws; and (3)disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.


		I
		112th CONGRESS
		1st Session
		H. R. 924
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2011
			Mr. Heinrich
			 introduced the following bill; which was referred to the
			 Committee on Small
			 Business

		A BILL
		To amend the Small Business Act to establish a Veterans
		  Business Center program, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Jobs for Veterans Act of 2011.
		2.Veterans Business
			 Center programSection 32 of
			 the Small Business Act (15 U.S.C. 657b) is amended—
			(1)in subsection (f),
			 by inserting (other than subsections (g), (h), and (i)) after
			 this section; and
			(2)by adding at the
			 end the following:

					(g)Veterans
				Business Center program
						(1)In
				generalThe Administrator shall establish a Veterans Business
				Center program within the Administration to provide entrepreneurial training
				and counseling to veterans in accordance with this subsection.
						(2)Director and
				regional coordinators
							(A)DirectorThe
				Administrator shall appoint a Director of the Veterans Business Center program,
				who shall implement and oversee such program and who shall report directly to
				the Associate Administrator for Veterans Business Development.
							(B)Regional
				coordinatorsThe Director may appoint regional veterans business
				center coordinators to oversee and coordinate the efforts of veterans business
				centers.
							(3)Designation of
				Veterans Business CentersThe Director shall establish by
				regulation an application, review, and notification process to designate
				entities as veterans business centers for purposes of this section. The
				Director shall make publicly known the designation of an entity as a veterans
				business center and the award of a grant to such center under this
				subsection.
						(4)Funding for
				veterans business centers
							(A)Initial
				grantsThe Director is
				authorized to make a grant (hereinafter in this subsection referred to as an
				initial grant) to each veterans business center each year, for
				not more than 5 years, in the amount of $200,000.
							(B)Growth funding
				grantsAfter a veterans
				business center has received 5 years of initial grants under subparagraph (A),
				the Director is authorized to make a grant (hereinafter in this subsection
				referred to as a growth funding grant) to such center each year,
				for not more than 3 years, in the amount of $150,000. After such center has
				received 3 years of growth funding grants, the Director shall require such
				center to meet performance benchmarks established by the Director to be
				eligible for growth funding grants in subsequent years.
							(5)Center
				responsibilitiesEach veterans business center receiving a grant
				under this subsection shall use the funds primarily on veteran entrepreneurial
				development, counseling of veteran-owned small businesses through one-on-one
				instruction and classes, and providing government procurement assistance to
				veterans.
						(6)Matching
				fundsEach veterans business
				center receiving a grant under this subsection shall be required to provide a
				non-Federal match of 50 percent of the Federal funds such center receives under
				this subsection. The Director may issue to a veterans business center, upon
				request, a waiver of all or a portion of such matching requirement upon a
				determination of hardship. The Director may waive the matching funds
				requirement under this paragraph with respect to veterans business centers that
				serve communities with a per capita income that is less than 75 percent of the
				national per capita income and an unemployment rate that is at least 150
				percent higher than the national average.
						(7)Targeted
				areasThe Director shall give
				priority to applications for designations and grants under this subsection that
				will establish a veterans business center in a geographic area, as determined
				by the Director, that is not currently served by a veterans business center and
				in which—
							(A)the population of
				veterans exceeds the national median of such measure; or
							(B)the population of veterans of Operation
				Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn exceeds the
				national median of such measure.
							(8)Training
				programThe Director shall
				develop and implement, directly or by contract, an annual training program for
				the staff and personnel of designated veterans business centers to provide
				education, support, and information on best practices with respect to the
				establishment and operation of such centers. The Director shall develop such
				training program in consultation with veterans business centers, the
				interagency task force established under subsection (c), and veterans service
				organizations.
						(9)Inclusion of
				other organizations in programUpon the date of the enactment of
				this subsection, each Veterans Business Outreach Center established by the
				Administrator under the authority of section 8(b)(17) and each center that
				received funds during fiscal year 2006 from the National Veterans Business
				Development Corporation established under section 33 and that remains in
				operation shall be treated as designated as a veterans business center for
				purposes of this subsection and shall be eligible for grants under this
				subsection.
						(10)Rural
				areasThe Director shall
				submit annually to the Administrator a report on whether a sufficient
				percentage, as determined by the Director, of veterans in rural areas have
				adequate access to a veterans business center. If the Director submits a report
				under this paragraph that does not demonstrate that a sufficient percentage of
				veterans in rural areas have adequate access to a veterans business center, the
				Director shall give priority during the one-year period following the date of
				the submission of such report to applications for designations and grants under
				this subsection that will establish veterans business centers in rural
				areas.
						(11)Authorization
				of appropriationsThere is
				authorized to be appropriated to carry out this subsection $12,000,000 for
				fiscal year 2012 and $14,000,000 for fiscal year 2013.
						(h)Additional
				grants available to veterans business centers
						(1)Access to
				capital grant program
							(A)In
				generalThe Director of the
				Veterans Business Center program shall establish a grant program under which
				the Director is authorized to make, to veterans business centers designated
				under subsection (g), grants for the following:
								(i)Developing
				specialized programs to assist veteran-owned small businesses to secure capital
				and repair damaged credit.
								(ii)Providing informational seminars on
				securing loans to veteran-owned small businesses.
								(iii)Providing
				one-on-one counseling to veteran-owned small businesses to improve the
				financial presentations of such businesses to lenders.
								(iv)Facilitating the
				access of veteran-owned small businesses to both traditional and
				non-traditional financing sources.
								(v)Providing one-on-one or group counseling to
				owners of small business concerns who are members of the reserve components of
				the Armed Forces, as specified in section 10101 of title 10, United States
				Code, to assist such owners to effectively prepare their small businesses for
				periods when such owners are deployed in support of a contingency
				operation.
								(vi)Developing specialized programs to assist
				unemployed veterans to become entrepreneurs.
								(B)Award
				sizeThe Director may not
				award to any one veterans business center more than $75,000 in grants under
				this paragraph.
							(C)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this paragraph $1,500,000 for each of fiscal years 2012 and 2013.
							(2)Procurement
				assistance grant program
							(A)In
				generalThe Director shall
				establish a grant program under which the Director is authorized to make, to
				veterans business centers designated under subsection (g), grants for the
				following:
								(i)Assisting
				veteran-owned small businesses to identify contracts that are suitable to such
				businesses.
								(ii)Preparing veteran-owned small businesses to
				be ready as subcontractors and prime contractors for contracts made available
				through the American Recovery and Reinvestment Act of 2009 (Public Law 111–5)
				through training and business advisement, particularly with respect to the
				construction trades.
								(iii)Providing
				veteran-owned small businesses technical assistance with respect to the Federal
				procurement process, including assisting such businesses to comply with Federal
				regulations and bonding requirements.
								(B)Award
				sizeThe Director may not
				award to any one veterans business center more than $75,000 in grants under
				this paragraph.
							(C)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this paragraph $1,500,000 for each of fiscal years 2012 and 2013.
							(3)Service-disabled
				veteran-owned small business grant program
							(A)In
				generalThe Director shall
				establish a grant program under which the Director is authorized to make, to
				veterans business centers designated under subsection (g), grants for the
				following:
								(i)Developing outreach programs for
				service-disabled veterans to promote self-employment opportunities.
								(ii)Providing training to service-disabled
				veterans with respect to business plan development, marketing, budgeting,
				accounting, and merchandising.
								(iii)Assisting service-disabled veteran-owned
				small businesses to locate and secure business opportunities.
								(B)Award
				sizeThe Director may not
				award to any one veterans business center more than $75,000 in grants under
				this paragraph.
							(C)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this paragraph $1,500,000 for each of fiscal years 2012 and 2013.
							(i)Veterans
				entrepreneurial development summit
						(1)In
				generalThe Director of the
				Veterans Business Center program is authorized to carry out an event, once
				every 2 years, for the purpose of providing networking opportunities, outreach,
				education, training, and support to veterans business centers funded under this
				section, veteran-owned small businesses, veterans service organizations, and
				other entities as determined appropriate for inclusion by the Director. Such
				event shall include education and training with respect to improving outreach
				to veterans in areas of high unemployment.
						(2)Authorization of
				appropriationsThere is
				authorized to be appropriated to carry out this subsection $450,000 for fiscal
				years 2012 and 2013.
						(j)Inclusion of
				surviving spousesFor
				purposes of subsections (g), (h), and (i) the following apply:
						(1)The term veteran includes a
				surviving spouse of the following:
							(A)A member of the
				Armed Forces, including a reserve component thereof.
							(B)A veteran.
							(2)The term veteran-owned small
				business includes a small business owned by a surviving spouse of the
				following:
							(A)A member of the
				Armed Forces, including a reserve component thereof.
							(B)A veteran.
							(k)Inclusion of
				reserve componentsFor
				purposes of subsections (g), (h), and (i) the following apply:
						(1)The term
				veteran includes a member of the reserve components of the Armed
				Forces as specified in section 10101 of title 10, United States Code.
						(2)The term veteran-owned small
				business includes a small business owned by a member of the reserve
				components of the Armed Forces as specified in section 10101 of title 10,
				United States
				Code.
						.
			3.Reporting
			 requirement for interagency task forceSection 32(c) of the Small Business Act (15
			 U.S.C. 657b(c)) is amended by adding at the end the following:

				(4)ReportThe Administrator shall submit to Congress
				biannually a report on the appointments made to and activities of the task
				force.
				.
		4.Comptroller
			 General study of small business concerns owned and controlled by
			 veteransThe Comptroller
			 General shall carry out a study on the effects of this Act and the amendments
			 made by this Act on small business concerns owned and controlled by veterans
			 and shall submit to Congress a report on the results of such study. Such report
			 shall include the recommendations of the Comptroller General with respect to
			 how this Act and the amendments made by this Act may be implemented to more
			 effectively serve small business concerns owned and controlled by veterans.


109 HR 1092 IH: United Nations Oil-for-Food Accountability Act of 2005
U.S. House of Representatives
2005-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1092
IN THE HOUSE OF REPRESENTATIVES

March 3, 2005
Mr. Flake (for himself, Mr. Pence, Mr. Hunter, Mr. Peterson of Minnesota, Mr. Sensenbrenner, Mr. Gordon, Mr. Burton of Indiana, Mr. Matheson, Mr. Doolittle, Mr. Cantor, Mr. Smith of New Jersey, Mr. Chabot, Mr. Paul, Mrs. Jo Ann Davis of Virginia, Mr. McCotter, Mr. Wilson of South Carolina, Mr. Boozman, Mr. McCaul of Texas, Mr. Akin, Mr. Baker, Mr. Barrett of South Carolina, Mr. Bartlett of Maryland, Mr. Beauprez, Mr. Bradley of New Hampshire, Mr. Brady of Texas, Ms. Ginny Brown-Waite of Florida, Mr. Calvert, Mr. Carter, Mr. Chocola, Mr. Culberson, Mr. Mario Diaz-Balart of Florida, Mr. Duncan, Mr. Everett, Mr. Fossella, Mr. Franks of Arizona, Mr. Garrett of New Jersey, Mr. Gingrey, Ms. Hart, Mr. Herger, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, Mrs. Kelly, Mr. King of Iowa, Mr. Kline, Mr. McHenry, Mr. Miller of Florida, Mr. Murphy, Mr. Neugebauer, Mr. Otter, Mr. Rehberg, Mr. Ryan of Wisconsin, Mr. Saxton, Mr. Shuster, Mr. Simpson, Mr. Sodrel, and Mr. Terry) introduced the following bill; which was referred to the Committee on International Relations

A BILL
To require the withholding of United States contributions to the United Nations until the President certifies that the United Nations is cooperating in the investigation of the United Nations Oil-for-Food Program.

1.Short titleThis Act may be cited as the United Nations Oil-for-Food Accountability Act of 2005.
2.FindingsCongress finds the following:
(1)Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil-for-Food Program of the United Nations.
(2)The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for-food program, representing approximately $1,400,000,000, to fund the administrative costs of the program.
(3)The Government Accountability Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq.
(4)Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated.
(5)Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices.
(6)On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for-food program. The inquiry is being led by Paul Volcker, but the investigators do not have subpoena power.
(7)On January 18, 2005, Samir A. Vincent, who was acting as an unregistered Iraqi agent, became the first person convicted in connection with the oil-for-food program.
(8)The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts.
(9)The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program.
3.Oil-for-food program definedIn this Act, the term oil-for-food program means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance.
4.Payment of United States contributions for United Nations regular budget contingent upon presidential certification of United Nations cooperation
(a)Withholding of portion of assessed contributionsUntil the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows:
(1)Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year.
(2)Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2007, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year.
(b)CertificationThe certification referred to in subsection (a) is a certification made by the President to Congress that—
(1)the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations;
(2)the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program;
(3)the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority;
(4)the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil-for-food program; and
(5)any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.


114 HR 6123 IH: To congressionally designate the museum to preserve the stories, knowledge, and history of the Medal of Honor to be constructed in Mount Pleasant, South Carolina, as the National Medal of Honor Museum.
U.S. House of Representatives
2016-09-22
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.

I114th CONGRESS2d SessionH. R. 6123IN THE HOUSE OF REPRESENTATIVESSeptember 22, 2016Mr. Wilson of South Carolina (for himself, Mr. Scalise, Mr. Duncan of South Carolina, Mr. Mulvaney, Mr. Gowdy, Mr. Sanford, Mr. Coffman, and Mr. Cook) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo congressionally designate the museum to preserve the stories, knowledge, and history of the
			 Medal of Honor to be constructed in Mount Pleasant, South Carolina, as the
			 National Medal of Honor Museum.

		1.National Medal of Honor Museum
 (a)FindingsCongress make the following findings: (1)The Medal of Honor Museum to be located in Mount Pleasant, South Carolina, will be the only museum in the United States that exists for the exclusive purpose of interpreting the story of the Medal of Honor and all of the recipients of the Medal of Honor.
 (2)The Medal of Honor Museum will be the only museum dedicated for the purpose of educating a diverse audience about the Medal of Honor through its collection of artifacts, photographs, letters, documents, and first-hand personal accounts of Medal of Honor recipients and the wars in which they have served.
 (3)The mission of the Medal of Honor Museum is to preserve and present the extraordinary stories of individuals who reached the highest levels of recognition, above and beyond the call of duty, in service to the United States, to inspire current and future generations about the six ideals of the Medal of Honor, namely courage, commitment, integrity, citizenship, sacrifice, and patriotism, to help visitors understand the meaning and price of freedom and what it means to put service above self, and to serve as an education center that, through various programs, reaches out across the country to further the Medal of Honor’s ideals among all Americans, especially young people.
 (4)The Medal of Honor was established by an Act of Congress in 1861 and is presented by the President in the name of Congress. (5)The Medal of Honor is the highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the United States Armed Forces.
 (6)The Medal of Honor has been awarded to heroes of all races and social classes, and recipients represent all 50 States, the District of Columbia, Puerto Rico, and Guam.
 (7)As of September 7, 2016, there have been 3,496 recipients of the Medal of Honor, of which 19 individuals were double recipients.
 (8)Since World War II, the vast majority of the 874 Medals of Honor awarded for service in World War II, the Korean War, and Vietnam were awarded posthumously.
 (9)As of September 7, 2016, there are only 77 living Medal of Honor recipients, and they have an average age of 71 years old, which creates an urgent need to preserve the stories, artifacts, and achievements of these heros.
 (10)The United States has an urgent need to preserve the stories, knowledge, and history of the recipients of the Medal of Honor and to portray that history, and the courage, commitment, integrity, citizenship, sacrifice, and patriotism of the recipients of the Medal of Honor, for future generations.
 (11)The State of South Carolina has provided a site for the Medal of Honor Museum in Mount Pleasant, South Carolina, at Patriot’s Point on the eastern shore of Charleston harbor, not far from the site at which Sergeant William H. Carney of the Union Army’s 54th Massachusetts Infantry Regiment became the first African-American recipient of the Medal of Honor as a result of his heroic actions on July 18, 1863, during the Battle of Fort Wagner.
 (12)The Congressional Medal of Honor Society has designated this site as the location of the National Medal of Honor Museum, and the National Medal of Honor Museum Foundation is a nonprofit educational foundation established to design, fund, build, and maintain the museum.
 (13)The Medal of Honor Museum receives funding support from the State of South Carolina and is now in the construction design and funding stage.
 (14)The Medal of Honor Museum will become the premier museum of the Medal of Honor, its recipients, and their stories, and a place where people will come to learn about Americans’ experiences during critical periods in United States history and where the history of American struggles against aggression by would-be oppressors is preserved so that future generations can understand the role the United States continues to play in the preservation and advancement of democracy and freedom.
 (b)DesignationIn light of the findings contained in subsection (a), the Medal of Honor Museum to be located in Mount Pleasant, South Carolina, is hereby designated as the National Medal of Honor Museum.


113 S1758 IS: Quality Data, Quality Healthcare Act of 2013
U.S. Senate
2013-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1758IN THE SENATE OF THE UNITED STATESNovember 21, 2013Ms. Baldwin (for herself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to increase access to Medicare data.1.Short titleThis Act may be cited as the
		  Quality Data, Quality Healthcare Act of 2013.2.Expanding the availability of medicare data(a)Expanding use of medicare data by qualified entitiesSection 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended—(1)in paragraph (3), in the first sentence, by inserting or, such claims data in sufficient detail to identify cost and utilization, as appropriate before the period at the end; and(2)by adding at the end the following new paragraph:(5)Expanding use of medicare data by qualified entities(A)In generalBeginning January 1, 2014, notwithstanding paragraph (4)(B) and the second sentence of paragraph (4)(D), a qualified entity may—(i)use data received by such entity under this section, and information derived from the evaluation described in paragraph (4)(D), for additional non-public analyses (as determined appropriate by the Secretary); or(ii)subject to subparagraph (C), provide or sell such data and analyses to entities described in subparagraph (B) for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care).(B)Entities describedThe entities described in this subparagraph are the following:(i)A health care provider.(ii)A health insurance issuer (as defined in section 2791 of the Public Health Service Act).(iii)An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974).(iv)Any organization affiliated with or representing an entity described in clause (i), (ii), or (iii),  such as a medical society.(v)A public health authority (as defined for purposes of the Health Insurance Portability and Accountability Act of 1996).(vi)A State or local government agency.(vii)A research organization that certifies that it will only use the data or analyses for the public good and not for proprietary purposes.(viii)Any other entity the Secretary determines appropriate to further the goals of this paragraph.(C)Requirements(i)Data use agreementA qualified entity may only provide data or analysis to an entity under subparagraph (A)(ii) pursuant to a data use agreement with the entity. Under such agreement, the entity—(I)may not re-sell such data or analyses; and(II)shall comply with the privacy and security policies of the qualified entity in using such data or analyses.(ii)Civil money penalty(I)In generalIf the Secretary determines that an entity described in subparagraph (B) knowingly used such data and analyses for purposes other than as authorized under this paragraph, the entity shall be subject to  a civil money penalty in an amount determined by the Secretary for each such violation.(II)ProceduresThe provisions of section 1128A (other than subsections (a) and (b) of such section) shall apply to a civil money penalty under subclause (I) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a)..(b)Access to medicare data to qualified clinical data registries To facilitate quality improvementSection 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w–4(m)(3)(E)) is amended by adding at the end the following new clause:(vi)Access to medicare data to facilitate quality improvement(I)In generalConsistent with applicable laws and regulations with respect to privacy and other relevant matters, beginning January 1, 2014, the Secretary shall, subject to subclause (II), provide claims data under this title (in a form and manner determined to be appropriate) to qualified clinical data registries under this subparagraph for purposes of linking such data with clinical outcomes data and preforming and disseminating risk-adjusted, scientifically valid research to support quality improvement.(II)LimitationA qualified clinical data registry may not publicly report any data made available under subclause (I) that individually identifies a provider of services or supplier unless the registry obtains the consent of the provider of services or supplier prior to such reporting..


114 HR 2922 IH: Adoptive Family Relief Act
U.S. House of Representatives
2015-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2922
IN THE HOUSE OF REPRESENTATIVES

June 25, 2015
Mr. Franks of Arizona (for himself, Mr. Royce, Mr. Reichert, Mr. Schiff, Mr. Rush, Mr. Beyer, Mr. Salmon, Mr. Lewis, Ms. DelBene, Mr. Huizenga of Michigan, Mr. Kline, Mr. Rangel, Mr. Ribble, Mr. Nolan, Mr. Allen, Mr. Carson of Indiana, Mr. Israel, Mr. Hastings, Mr. Cohen, Mrs. Davis of California, Mr. Conyers, Mr. Rokita, Mr. Pompeo, Mr. Pocan, Mr. Duncan of Tennessee, Mrs. Wagner, Mr. Williams, Mrs. Hartzler, Ms. Eddie Bernice Johnson of Texas, Mrs. Brooks of Indiana, Mr. Westmoreland, Mr. Johnson of Georgia, Ms. Herrera Beutler, Mr. McClintock, Mrs. Lummis, Mr. Lamborn, Mr. Whitfield, Mr. Bishop of Georgia, Mr. Duffy, Mr. Pittenger, Ms. Lofgren, Mr. Cárdenas, Mr. Messer, Mr. Doggett, Mr. Meadows, Mr. Veasey, Mr. Cicilline, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend the section 221 of the Immigration and Nationality Act to provide relief for adoptive families from immigrant visa fees in certain situations.

1.Short titleThis Act may be cited as the Adoptive Family Relief Act. 2.Waiver of fees for renewal of immigrant visa for adopted child in certain situationsSection 221(c) of the Immigration and Nationality Act (8 U.S.C. 1201(c)) is amended to read as follows:

(c)Period of validity; renewal or replacement
(1)Immigrant visasAn immigrant visa shall be valid for such period, not exceeding six months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business. (2)Nonimmigrant visasA nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States.
(3)Visa replacementAn immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that the immigrant— (A)was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible;
(B)is found by a consular officer to be eligible for an immigrant visa; and (C)pays again the statutory fees for an application and an immigrant visa.
(4)Fee waiverIf an immigrant visa was issued, on or after March 27, 2013, for a child who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen, any statutory immigrant visa fees relating to a renewal or replacement of such visa may be waived or, if already paid, may be refunded upon request, subject to such criteria as the Secretary of State may prescribe, if— (A)the immigrant child was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and
(B)if such inability was attributable to factors beyond the control of the adopting parent or parents and of the immigrant..


113 HR 1279 IH: United States-Korea Free Trade Agreement Fairness Act of 2013
U.S. House of Representatives
2013-03-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1279
		IN THE HOUSE OF REPRESENTATIVES

			March 20, 2013
			Mr. Faleomavaega (for
			 himself and Ms. Ros-Lehtinen)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To authorize the Secretary of State to issue up to 10,500
		  E–3 visas per year to nationals of the Republic of Korea
		  (South).

		1.Short titleThis Act may be cited as the
			 United States-Korea Free Trade
			 Agreement Fairness Act of 2013.
		2.FindingsCongress makes the following
			 findings:
			(1)Although it was
			 not formally a part of the United States-Australia Free Trade Agreement, the
			 E–3 visa category was created for up to 10,500 Australian nationals per year in
			 the aftermath of the ratification of that agreement.
			(2)The Republic of
			 Korea has been a critical treaty ally and trading partner of the United States
			 for the past 60 years.
			(3)Ever since the
			 signing of the 1882 Treaty of Peace, Amity, Commerce, and Navigation between
			 the Kingdom of Chosun (Korea) and the United States, the two countries have
			 stood at the forefront in the promotion of freedom, democracy, peace,
			 stability, and human rights.
			(4)With the
			 unwavering commitment and support of the United States, the Republic of Korea
			 has undergone a remarkable economic and political transformation, rising from
			 poverty to become the 11th largest economy in the world and a thriving,
			 multiparty democracy.
			(5)The alliance
			 between the United States and the Republic of Korea has been forged in blood
			 and further advanced by struggles against common adversaries in the Korean
			 peninsula, Vietnam, Iraq, and Afghanistan.
			(6)The Republic of
			 Korea ranked, as of December 2012, as the 7th largest trading partner of the
			 United States.
			(7)The United States
			 and the Republic of Korea signed the United States-Korea Free Trade Agreement
			 on June 30, 2007, and that agreement was entered into force on March 15,
			 2012.
			(8)There are deep
			 cultural and personal ties between the people of the United States and the
			 people of the Republic of Korea, as exemplified by the large flow of visitors
			 and exchanges each year, enhanced by adoption of the Visa Waiver Program
			 (VWP).
			(9)The almost
			 2,000,000 members of the Korean-American community have made significant
			 contributions to the commercial, academic, professional, medical, scientific,
			 engineering, educational, military, artistic, musical, and athletic development
			 of the United States.
			(10)Immigration from
			 the Republic of Korea has been an important part of the history, identity, and
			 culture of the United States.
			(11)The Republic of
			 Korea continues to be a vital strategic ally, trade partner and friend to the
			 United States.
			3.E-visa
			 reform
			(a)DefinitionSection
			 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C.
			 1101(a)(15)(E)(iii)) is amended by inserting , or solely to perform
			 services as an employee who meets the requirements under section 203(c)(2) if
			 the alien is a national of the Republic of Korea after
			 Australia.
			(b)Numerical
			 limitationSection 214(g)(11)(B) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(g)(11)(B)) is amended by inserting for
			 each of the nationalities identified under section 101(a)(15)(E)(iii)
			 before the period at the end.


113 HR 1342 IH: Helping Save Americans’ Health Care Choices Act of 2013
U.S. House of Representatives
2013-03-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1342
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Mr. Fleming
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To repeal provisions of the Patient Protection and
		  Affordable Care Act relating to health savings accounts, and for other
		  purposes.

		1.Short title, etc
			(a)Short
			 titleThis Act may be cited
			 as the Helping Save Americans’ Health
			 Care Choices Act of 2013.
			(b)Table of
			 sectionsThe table of sections for this Act is as follows:

					Sec. 1. Short title, etc.
					Sec. 2. Repeal of additional tax from distributions from HSAs
				and MSAs.
					Sec. 3. Repeal of limitation on deductions making
				non-prescription drugs non-qualifying distributions from tax-preferred
				accounts.
					Sec. 4. Treatment of high deductible health plans as qualified
				health plan under the Patient Protection and Affordable Care Act.
					Sec. 5. Repeal of limitation on health flexible spending
				arrangements under cafeteria plans.
					Sec. 6. Saver’s credit for contributions to health savings
				accounts.
					Sec. 7. HSA funds for premiums for high deductible health
				plans.
					Sec. 8. Requiring greater coordination between high deductible
				health plan administrators and HSA account administrators so that enrollees can
				enroll in both at the same time.
					Sec. 9. Special rule for certain medical expenses incurred
				before establishment of account.
					Sec. 10. Provisions relating to medicare.
					Sec. 11. Individuals eligible for veterans benefits for a
				service-connected disability.
					Sec. 12. Increase the maximum contribution limit to an HSA to
				match deductible and out-of-pocket expense limitation.
					Sec. 13. FSA funds may be used for long-term care insurance
				premiums.
					Sec. 14. Individuals eligible for TRICARE.
					Sec. 15. Certain physician fees to be treated as medical
				care.
					Sec. 16. Allow both spouses to make catch-up contributions to
				the same HSA account.
					Sec. 17. High deductible health plans renamed as HSA qualified
				health plans.

			2.Repeal of
			 additional tax from distributions from HSAs and MSAsSection 9004 of the Patient Protection and
			 Affordable Care Act is hereby repealed, and effective as of the date of the
			 enactment of such Act the provisions of the Internal Revenue Code of 1986
			 amended by such section are amended to read as such provisions would read if
			 such section had never been enacted.
		3.Repeal of
			 limitation on deductions making non-prescription drugs non-qualifying
			 distributions from tax-preferred accountsSection 9003 of the Patient Protection and
			 Affordable Care Act is hereby repealed, and effective as of the date of the
			 enactment of such Act the provisions of the Internal Revenue Code of 1986
			 amended by such section are amended to read as such provisions would read if
			 such section had never been enacted.
		4.Treatment of high
			 deductible health plans as qualified health plan under the Patient Protection
			 and Affordable Care ActSubparagraph (B) of section 1301(a)(1) of
			 the Patient Protection and Affordable Care Act is amended by inserting
			 or meets the requirements for a high deductible health plan under
			 section 223(c)(2) of the Internal Revenue Code of 1986 after
			 section 1302(a).
		5.Repeal of limitation
			 on health flexible spending arrangements under cafeteria plansSections 9005 and 10902 of the Patient
			 Protection and Affordable Care Act are hereby repealed, and effective as of the
			 date of the enactment of such Act the provisions of the Internal Revenue Code
			 of 1986 amended by such sections are amended to read as such provisions would
			 read if such sections had never been enacted.
		6.Saver’s credit for
			 contributions to health savings accounts
			(a)Allowance of
			 creditSubsection (a) of
			 section 25B of the Internal Revenue Code of 1986 is amended by inserting
			 aggregate qualified HSA contributions and after so much
			 of the.
			(b)Qualified HSA
			 contributionsSubsection (d) of section 25B of such Code is
			 amended by redesignating paragraph (2) as paragraph (3) and by inserting after
			 paragraph (1) the following new paragraph:

					(2)Qualified HSA
				contributionsThe term
				qualified HSA contribution means, with respect to any taxable
				year, a contribution of the eligible individual to a health savings account (as
				defined in section 223(d)(1)) for which a deduction is allowable under section
				223(a) for such taxable
				year.
					.
			(c)Conforming
			 amendmentThe first sentence of section 25B(d)(3)(A) of such Code
			 (as redesignated by subsection (b)) is amended to read as follows: The
			 aggregate qualified retirement savings contributions determined under paragraph
			 (1) and qualified HSA contributions determined under paragraph (2) shall be
			 reduced (but not below zero) by the aggregate distributions received by the
			 individual during the testing period from any entity of a type to which
			 contributions under paragraph (1) or paragraph (2) (as the case may be) may be
			 made..
			(d)Effective
			 dateThe amendments made by this section shall apply to
			 contributions made after December 31, 2013.
			7.HSA funds for premiums
			 for high deductible health plans
			(a)In
			 generalSubparagraph (C) of
			 section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking
			 or at the end of clause (iii), by striking the period at the end
			 of clause (iv) and inserting , or, and by adding at the end the
			 following:

					(v)a high deductible health plan if—
						(I)such plan is not
				offered in connection with a group health plan, and
						(II)no portion of any
				premium (within the meaning of applicable premium under section 4980B(f)(4))
				for such plan is excludable from gross income under section
				106.
						.
			(b)Effective
			 DateThe amendment made by subsection (a) shall apply to premiums
			 for a high deductible health plan for periods beginning after December 31,
			 2013.
			8.Requiring greater
			 coordination between high deductible health plan administrators and HSA account
			 administrators so that enrollees can enroll in both at the same
			 timeThe Secretary of the
			 Treasury, through the issuance of regulations or other guidance, shall
			 encourage administrators of health plans and trustees of health savings
			 accounts to provide for simultaneous enrollment in high deductible health plans
			 and setup of health savings accounts.
		9.Special rule for
			 certain medical expenses incurred before establishment of account
			(a)In
			 generalSubsection (d) of section 223 of the Internal Revenue
			 Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by
			 inserting after paragraph (3) the following new paragraph:

					(4)Treatment of
				account established before tax return due for tax yearFor purposes of this section, if, before
				the time prescribed by law for filing the return of tax for a taxable year (not
				including extensions thereof), a taxpayer—
						(A)establishes a
				health savings account,
						(B)makes contributions to a health savings
				account on account of such taxable year, or
						(C)makes payments or
				distributions from a health savings account for such taxable year,
						the health
				savings account shall be deemed to be established on the last day of such
				taxable year and such contributions and distributions shall be deemed to have
				been made on account of such taxable
				year..
			(b)Conforming
			 amendmentParagraph (5) of
			 section 223(d) of such Code, as redesignated by subsection (a), is amended by
			 striking subparagraph (B) and redesignating subparagraphs (C) through (E) as
			 subparagraphs (B) through (D), respectively.
			(c)Effective
			 dateThe amendments made by this section shall apply with respect
			 to health savings accounts established, and contributions to and distributions
			 from health savings accounts after, the date of the enactment of this
			 Act.
			10.Provisions
			 relating to medicare
			(a)Individuals over
			 age 65 only enrolled in medicare part
			 ASection 223(b)(7) of the
			 Internal Revenue Code of 1986 (relating to contribution limitation on Medicare
			 eligible individuals) is amended by adding at the end the following new
			 sentence: This paragraph shall not apply to any individual during any
			 period the individual’s only entitlement to such benefits is an entitlement to
			 hospital insurance benefits under part A of title XVIII of such Act pursuant to
			 an enrollment for such hospital insurance benefits under section 226(a)(1) of
			 such Act..
			(b)Medicare
			 beneficiaries participating in medicare advantage MSA may contribute their own
			 money to their MSASubsection (b) of section 138 of such Code is
			 amended by striking paragraph (2) and by redesignating paragraphs (3) and (4)
			 as paragraphs (2) and (3), respectively.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			11.Individuals
			 eligible for veterans benefits for a service-connected disability
			(a)In
			 generalSection 223(c)(1) of the Internal Revenue Code of 1986
			 (defining eligible individual) is amended by adding at the end the following
			 new subparagraph:

					(C)Special rule for
				individuals eligible for certain veterans benefitsFor purposes
				of subparagraph (A)(ii), an individual shall not be treated as covered under a
				health plan described in such subparagraph merely because the individual
				receives periodic hospital care or medical services for a service-connected
				disability under any law administered by the Secretary of Veterans Affairs but
				only if the individual is not eligible to receive such care or services for any
				condition other than a service-connected
				disability.
					.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			12.Increase the
			 maximum contribution limit to an HSA to match deductible and out-of-pocket
			 expense limitation
			(a)Self-Only
			 coverageSubparagraph (A) of
			 section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking
			 $2,250 and inserting the amount in effect under
			 subsection (c)(2)(A)(ii)(I).
			(b)Family
			 coverageSubparagraph (B) of
			 section 223(b)(2) of such Code is amended by striking $4,500 and
			 inserting the amount in effect under subsection
			 (c)(2)(A)(ii)(II).
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			13.FSA funds may be
			 used for long-term care insurance premiums
			(a)In
			 generalSubsection (c) of
			 section 106 of the Internal Revenue Code of 1986 is amended by redesignating
			 paragraph (2) as paragraph (3) and by amending so much of such subsection as
			 precedes such paragraph (3) to read as follows:

					(c)Long-Term care
				benefits provided through flexible spending arrangements
						(1)In
				generalEffective on and after January 1, 2013, gross income of
				an employee shall not include employer-provided coverage for qualified
				long-term care services (as defined in section 7702B(c)) to the extent that
				such coverage is provided through a flexible spending or similar
				arrangement.
						(2)Premiums for
				long-term careQualified medical expenses for which reimbursement
				may be made by distributions from a flexible spending arrangement shall include
				amounts paid for long-term care
				coverage.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after December 31, 2013.
			14.Individuals eligible
			 for TRICARE
			(a)In
			 generalSection 223(c)(1) of the Internal Revenue Code of 1986
			 (defining eligible individual), as amended by section 11, is amended by adding
			 at the end the following new subparagraph:

					(D)Special rule for
				individuals eligible for assistance under TRICAREFor purposes of subparagraph (A)(ii), an
				individual shall not be treated as covered under a health plan described in
				such subparagraph merely because the individual is eligible to receive hospital
				care, medical services, or prescription drugs under TRICARE Extra or TRICARE
				Standard and such individual is not enrolled in TRICARE
				Prime.
					.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			15.Certain
			 physician fees to be treated as medical care
			(a)In
			 GeneralSubsection (d) of section 213 of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 paragraph:

					(12)Pre-paid
				physician feesThe term medical care shall include
				amounts paid by patients to their primary physician in advance for the right to
				receive medical services on an as-needed
				basis.
					.
			(b)Effective
			 DateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			16.Allow both
			 spouses to make catch-up contributions to the same HSA account
			(a)In
			 GeneralParagraph (3) of section 223(b) of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 subparagraph:

					(C)Special rule
				where both spouses are eligible individuals with 1
				accountIf—
						(i)an
				individual and the individual’s spouse have both attained age 55 before the
				close of the taxable year, and
						(ii)the spouse is not
				an account beneficiary of a health savings account as of the close of such
				year,
						the
				additional contribution amount shall be 200 percent of the amount otherwise
				determined under subparagraph
				(B)..
			(b)Effective
			 DateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			17.High deductible
			 health plans renamed as HSA qualified health plans
			(a)In
			 generalThe following
			 sections of the Internal Revenue Code of 1986 are each amended by striking
			 high deductible health plan each place it appears and inserting
			 HSA qualified health plan:
				(1)Section
			 26(b)(2)(S).
				(2)Paragraphs (3) and
			 (5)(B)(ii) of section 106(e).
				(3)Section
			 223.
				(4)Section
			 408(d)(9).
				(b)Special
			 rulesThe amendments made by this section, the matter being
			 inserted shall bear the same case, number, font, and font size as the matter
			 being replaced.


116 S1006 IS: Empowering States' Rights To Protect Consumers Act of 2019
U.S. Senate
2019-04-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1006IN THE SENATE OF THE UNITED STATESApril 3, 2019Mr. Whitehouse (for himself, Mr. Reed, Mr. Merkley, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates
			 applicable to consumer credit transactions, and for other purposes.

 1.Short titleThis Act may be cited as the Empowering States' Rights To Protect Consumers Act of 2019. 2.Limits on annual percentage ratesChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:

				140B.Limits on
 Annual Percentage RatesNotwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides..


I
108th CONGRESS 2d Session
H. R. 3817
IN THE HOUSE OF REPRESENTATIVES

February 24, 2004
Mr. Renzi introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To ensure that certain areas are eligible for rural housing assistance.

1.Short titleThis Act may be cited as the Rural Housing Equity Act of 2004.
2.Rural housing assistance eligibilityNotwithstanding any other provision of law, the Secretary of Agriculture shall consider the City of Casa Grande, Arizona, as meeting the eligibility requirements for loans and grants programs in the Rural Development mission area.


113 HRES 679 IH: Condemning the Ukrainian separatists illegally occupying the Ukrainian city of Donetsk, and the surrounding territory, as terrorists for shooting down a civilian passenger airliner, Malaysian Airlines Flight MH17, and condemning the Government of the Russian Federation for supplying the arms.
U.S. House of Representatives
2014-07-22
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.

		IV
		113th CONGRESS
		2d Session
		H. RES. 679
		IN THE HOUSE OF REPRESENTATIVES

			July 22, 2014
			Mr. Fitzpatrick (for himself, Mr. Coffman, Mr. Ellison, Mr. McKinley, Mr. Enyart, and Mr. Wolf) submitted the following resolution; which was referred to the Committee on Foreign Affairs

		RESOLUTION
		Condemning the Ukrainian separatists illegally occupying the Ukrainian city of Donetsk, and the
			 surrounding territory, as terrorists for shooting down a civilian
			 passenger airliner, Malaysian Airlines Flight MH17, and condemning the
			 Government of the Russian Federation for supplying the arms.

		Whereas the city of Donetsk, and the surrounding area, are recognized by the United States as being
			 under the jurisdiction of the Government of Ukraine;
		Whereas the city is occupied by a militant group wishing autonomy from the Government of Ukraine;
		Whereas this entity, calling itself the Donetsk People’s Republic, is not recognized as being
			 autonomous by any sovereign nation;
		Whereas the United States believes actions made by the separatists in Donetsk are efforts by the
			 Russian Federation to destabilize the Ukraine;
		Whereas the United States-Ukraine ambassador Geoffrey R. Pyatt characterized the separatists in
			 Donetsk as terrorists;
		Whereas Malaysian Airlines Flight MH17 was shot down by a SA–11 Gadfly within the surrounding area
			 of Donetsk;
		Whereas the act of targeting, engaging, and destroying a passenger airline of non-combatants is
			 considered an act of terror;
		Whereas the SA–11 Gadfly is a Russian made Buk surface-to-air missile system; and
		Whereas producing weapons to a terrorist organization is considered by the international community
			 as state-sponsored terrorism: Now, therefore, be it

		That the House of Representatives—
			(1)condemns the Ukrainian separatists illegally occupying the Ukrainian city of Donetsk and the
			 surrounding territory, as terrorists for shooting down a civilian
			 passenger airliner, Malaysian Airlines Flight MH17, and condemning the
			 Government of the Russian Federation for supplying the arms;
			(2)calls on the Ukrainian separatists of Donetsk to disband and relinquish rightful control of the
			 city of Donetsk and the surrounding area to the Government of Ukraine;
			(3)calls on the Government of the Russian Federation to immediately desist attempts to undermine the
			 Government of Ukraine and to cease the arming of all militaristic and
			 terroristic groups;
			(4)calls on the President and Secretary of State, in cooperation with responsible nations, to
			 immediately condemn the Ukrainian separatists of Donetsk for shooting down
			 a civilian passenger airliner and the Russian Federation for supplying the
			 arms; and
			(5)urges the President and Secretary of State to utilize all available means to compel the Government
			 of the Russian Federation to withdraw all support from all militaristic
			 and terroristic groups whose goal is to undermine the Government of
			 Ukraine.


116 HR 6783 IH: American Space Commerce Act of 2020
U.S. House of Representatives
2020-05-08
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. 6783IN THE HOUSE OF REPRESENTATIVESMay 8, 2020Mr. Posey (for himself and Mr. Crist) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide bonus depreciation for certain space launch expenditures, and for other purposes.1.Short titleThis Act may be cited as the American Space Commerce Act of 2020.2.FindingsCongress finds the following: (1)The United States is the only nation with a competitive commercial space launch industry.(2)A robust domestic launch industry and capability is crucial to the United States continuing economic, national security, scientific, and exploration leadership.(3)Commercial space launch vehicles manufactured and launched in the United States by United States launch service providers benefit national security and the national economy, earth and space science, and human spaceflight, and are enablers of the global space economy.(4)Commercial space launch vehicles manufactured and launched in the United States by United States launch service providers are used for virtually all United States national security payloads, and therefore, are indispensable to the security of the United States, as well as its allies and friends.(5)Multiple American companies are developing small launch vehicles to compete in the domestic and international commercial launch market. These companies are financed predominately by private capital, are independently developing capabilities, and are primarily serving commercial customers.(6)Several foreign governments have taken notice of U.S. market growth and have begun to fund their own vehicles to compete within the same market. While some of these international vehicles are putatively “private”, most benefit from subsidies or developmental support from their national governments.(7)The 2019 Report to Congress of the United States-China Economic and Security Review Commission stated, China is taking steps to establish a commanding position in the commercial launch and satellite sectors relying in part on aggressive state-backed financing that foreign market-driven companies cannot match.(8)The report further adds, China has already succeeded in undercutting some U.S. and other foreign launch and satellite providers in the international market, threatening to hollow out these countries’ space industrial bases.(9)China announced a plan to advance its Space ambitions by creating a Space Economic Zone to generate $10 trillion annually.(10)The U.S. commercial launch industry, whose viability the National Aeronautics and Space Administration and the Department of Defense depend on to launch critical national assets, is forced to compete with state-backed launch enterprises across the globe whose launch providers are not required to be profitable.(11)A strong domestic space launch industry is in the national security interest of the United States.(12)Foreign launch providers are heavily subsidized by their governments and use these subsidies to intentionally price below cost in an effort to undercut American competition, materially harming the American industrial base.(13)Increased use of United States-manufactured commercial launch vehicles launched in the United States by United States launch service providers should be encouraged.(14)Congress supports continued United States leadership in space. 3.Special allowance for qualified domestic space launch property(a)Allowance of bonus depreciation for qualified domestic space launch propertySection 168(k)(2)(A) of the Internal Revenue Code of 1986 is amended in clause (i), by striking or at the end of subclause (III), by striking or at the end of subclause (IV), by adding or at the end of subclause (V), and by adding at the end the following new subclause: (VI)which is qualified domestic space launch property (as defined in paragraph (11)), .(b)Extension of termination of bonus depreciation for qualified domestic space launch property(1)In generalSection 168(k)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2027. and inserting before January 1, 2027 (in the case of qualified domestic space launch property, before January 1, 2033)..(2)Application of applicable percentageSection 168(k)(6) of such Code is amended by adding at the end the following new subparagraph:(D)Rule for qualified domestic space launch propertyNotwithstanding any other provisions of this paragraph, in the case of any qualified property which is qualified domestic space launch property, the term applicable percentage means, in the case of property placed in service after December 31, 2023, and before January 1, 2033, 100 percent. .(c)Qualified domestic space launch property definedSection 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11)Qualified domestic space launch property definedFor purposes of this subsection—(A)In generalThe term qualified domestic space launch property means property placed in service before January 1, 2033, that is—(i)a space transportation vehicle or payload (as such terms are defined in section 50101 of title 51, United States Code) that is launched from the United States, or (ii)other property or equipment placed in service for the purpose of facilitating a space launch from the United States.(B)Special rule for space launches from aircraftA space transportation vehicle or payload that is launched from an aircraft shall be considered to be launched from the United States if, and only if, such space transportation vehicle or payload is—(i)substantially manufactured within the United States, as determined by the Secretary, and(ii)launched from an aircraft on a flight that originated from United States soil. (C)United StatesThe term United States includes the possessions of the United States. .(d)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2023.


116 HR 1294 IH: Employee Profit-Sharing Encouragement Act of 2019
U.S. House of Representatives
2019-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1294IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2019Mrs. Watson Coleman introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to deny the deduction for executive compensation unless
			 the employer maintains profit-sharing distributions for employees.

 1.Short titleThis Act may be cited as the Employee Profit-Sharing Encouragement Act of 2019. 2.Denial of deduction for executive compensation unless employer maintains profit-sharing distributions (a)In generalSection 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (s) as subsection (t) and by inserting after subsection (r) the following new subsection:

					(s)Executive compensation paid by employers who do not maintain profit-Sharing distributions
 (1)In generalIn the case of a specified employer, no deduction shall be allowed under this chapter for applicable employee remuneration with respect to any highly compensated individual (within the meaning of section 105(h)) for any taxable year unless qualified profit-sharing distributions are made during such taxable year.
 (2)Qualified profit-sharing distributionsFor purposes of this subsection— (A)In generalThe term qualified profit-sharing distributions means a cash distribution made pursuant to a written plan of the employer under which—
 (i)employees (including part-time employees) who have been employed for at least 1 year as of the date of the distribution have a right to such distribution, and
 (ii)the amount of such distributions are defined under such plan on the basis of a measure of the receipts, profit, revenues, or earnings of such employer.
 (B)Minimum distribution requirementsSuch term shall not include any distributions made pursuant to such plan during the taxable year if the aggregate distributions made pursuant to such plan during such taxable year are less than 5 percent of the employer’s net income for the taxable year as determined pursuant to the employer’s books and records prepared in accordance with the employer’s accounting procedures.
 (C)NondiscriminationSuch term shall not include any distributions made pursuant to such plan during the taxable year unless such plan satisfies requirements similar to the requirements of section 401(k)(3)(A)(ii) applied by treating the distributions made pursuant to the plan as though such distributions were contributions paid over to the trust referred to in such section.
 (D)Exception if distributions would jeopardize the businessAn employer shall not fail to be treated as making qualified profit-sharing distributions during the taxable year to the extent that such employer establishes to the satisfaction of the Secretary by clear and convincing evidence that making such distributions would jeopardize the ability of the employer to continue as a going concern.
 (3)Specified employerFor purposes of this subsection— (A)In generalThe term specified employer means, with respect to any taxable year, any employer which meets the gross receipts test of section 448(c) (determined without regard to paragraph (4) thereof) for such taxable year.
 (B)Application of gross receipts test to individuals, etcFor purposes of subparagraph (A), in the case of any employer which is not a corporation or a partnership, the gross receipts test referred to in such subparagraph shall be applied in the same manner as if each trade or business of such employer were a corporation or partnership.
 (4)Applicable employee remunerationFor purposes of this subsection, the term applicable employee remuneration has the meaning given such term by subsection (m)(4), determined without regard to subparagraph (B) thereof.
 (5)Controlled groupsFor purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer.
 (6)CoordinationRules similar to the rules of subparagraphs (D) and (E) of subsection (m)(4) shall apply for purposes of this subsection.
 (7)Authority to address abuseThe Secretary shall have the authority to address any abuses by employers under this subsection, including, but not limited to, a reduction in employee compensation or benefits in conjunction with the payment of qualified profit-sharing distributions..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


I
111th CONGRESS 1st Session
H. R. 1691
IN THE HOUSE OF REPRESENTATIVES

March 24, 2009
Ms. DeLauro (for herself, Mr. Barton of Texas, Mr. Ackerman, Mr. Arcuri, Mr. Baca, Ms. Baldwin, Mr. Hill, Ms. Bean, Ms. Berkley, Mr. Berman, Mr. Berry, Mr. Bishop of Georgia, Mr. Bishop of New York, Mr. Blumenauer, Ms. Bordallo, Mr. Boren, Mr. Boswell, Mr. Boyd, Mr. Brady of Pennsylvania, Ms. Corrine Brown of Florida, Mr. Braley of Iowa, Mr. Burton of Indiana, Mr. Capuano, Mr. Cardoza, Mr. Carney, Ms. Shea-Porter, Mr. Carson of Indiana, Ms. Castor of Florida, Mr. Chandler, Mrs. Christensen, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Connolly of Virginia, Mr. Conyers, Mr. Cooper, Mr. Courtney, Mr. Crowley, Mr. Cuellar, Mr. Cummings, Mr. Davis of Illinois, Mr. Davis of Tennessee, Mrs. Davis of California, Mrs. Halvorson, Mr. DeFazio, Ms. DeGette, Mr. Delahunt, Mr. Dicks, Mr. Dingell, Mr. Doggett, Ms. Edwards of Maryland, Mr. Doyle, Mr. Edwards of Texas, Mr. Ellison, Mr. Engel, Mr. Massa, Ms. Eshoo, Mr. Etheridge, Mr. Farr, Mr. Fattah, Mr. Pallone, Mr. Frank of Massachusetts, Mr. Gerlach, Mr. Nye, Mr. Gonzalez, Mr. Gordon of Tennessee, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. Griffith, Mr. Grijalva, Mr. Gutierrez, Mr. Hare, Ms. Harman, Mr. Hastings of Florida, Mr. Higgins, Mr. Himes, Mr. Hinchey, Mr. Hinojosa, Ms. Hirono, Mr. Holden, Mr. Holt, Mr. Inslee, Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Mr. Matheson, Mr. Barrow, Mr. Sarbanes, Ms. Eddie Bernice Johnson of Texas, Mr. Kagen, Mr. Kanjorski, Ms. Kaptur, Mrs. Dahlkemper, Mr. Meek of Florida, Mr. Kennedy, Mr. Kildee, Ms. Kilpatrick of Michigan, Ms. Kilroy, Mr. Kind, Mr. Klein of Florida, Mr. Kucinich, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Levin, Mr. Lewis of Georgia, Mr. LoBiondo, Mr. Loebsack, Ms. Zoe Lofgren of California, Mrs. Capps, Mrs. Lowey, Mr. Lynch, Mr. Mack, Mr. Maffei, Mrs. Maloney, Ms. Fudge, Ms. Matsui, Mrs. McCarthy of New York, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. McHugh, Mr. McIntyre, Mr. Meeks of New York, Mr. Melancon, Mr. Michaud, Mr. Miller of North Carolina, Mr. George Miller of California, Mr. Moore of Kansas, Ms. Moore of Wisconsin, Mr. Moran of Kansas, Mr. Moran of Virginia, Mr. Murphy of Connecticut, Mr. Murtha, Mrs. Myrick, Mr. Nadler of New York, Mrs. Napolitano, Ms. Norton, Mr. Oberstar, Mr. Olver, Mr. Ortiz, Mr. Pascrell, Mr. Tonko, Mr. Payne, Mr. Peterson, Ms. Pingree of Maine, Mr. Platts, Mr. Price of North Carolina, Mr. Rangel, Mr. Reyes, Mr. Rodriguez, Ms. Ros-Lehtinen, Mr. Rothman of New Jersey, Ms. Roybal-Allard, Mr. Rush, Mr. Ryan of Ohio, Ms. Linda T. Sánchez of California, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of Georgia, Mr. Scott of Virginia, Mr. Serrano, Mr. Sestak, Mr. Sherman, Mr. Sires, Mr. Skelton, Ms. Slaughter, Mr. Smith of Washington, Mr. Snyder, Mr. Space, Ms. Speier, Mr. Spratt, Mr. Stark, Mr. Stupak, Ms. Sutton, Mrs. Tauscher, Mr. Taylor, Mr. Thompson of California, Mr. Tierney, Mr. Towns, Ms. Tsongas, Mr. Van Hollen, Ms. Velázquez, Ms. Wasserman Schultz, Mr. Weiner, Mr. Welch, Mr. Wexler, Mr. Wilson of Ohio, Mr. Wittman, Mr. Wolf, Ms. Woolsey, Ms. Titus, Mr. Altmire, Mr. Ruppersberger, Mr. McNerney, Mr. Clyburn, Ms. Markey of Colorado, Mr. Hall of Texas, Ms. Kosmas, Mr. Rogers of Alabama, Mr. Filner, Mr. Souder, and Mr. Polis of Colorado) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations.

1.Short titleThis Act may be cited as the Breast Cancer Patient Protection Act of 2009.
2.FindingsCongress finds the following:
(1)According to the American Cancer Society, excluding cancers of the skin, breast cancer is the most frequently diagnosed cancer in women.
(2)According to the American Cancer Society, an estimated 40,480 women and 450 men died from breast cancer in 2008.
(3)According to the American Cancer Society, in 2008 an estimated 182,460 new cases of invasive breast cancer were diagnosed in women, and an estimated 1,990 invasive breast cancer cases were diagnosed in men; and in addition, an estimated 67,770 new cases of in situ breast cancer occurred in women in 2008, and of these, approximately 85 percent were ductal carcinoma in situ.
(4)According to the American Cancer Society, most breast cancer patients undergo some type of surgical treatment, which may involve lumpectomy (surgical removal of the tumor with clear margins) or mastectomy (surgical removal of the breast) with removal of some of the axillary (underarm) lymph nodes.
(5)The offering and operation of health plans affect commerce among the States.
(6)Health care providers located in a State serve patients who reside in the State and patients who reside in other States.
(7)In order to provide for uniform treatment of health care providers and patients among the States, it is necessary to cover health plans operating in one State as well as health plans operating among the several States.
(8)Research has indicated that treatment for breast cancer varies according to type of insurance coverage and State of residence.
(9)Currently, 20 States mandate minimum inpatient coverage after a patient undergoes a mastectomy.
(10)Breast cancer patients have reported adverse outcomes, including infection and inadequately controlled pain, resulting from premature hospital discharge following breast cancer surgery.
2.Amendments to the Employee Retirement Income Security Act of 1974
(a)In generalSubpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following:

715.Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations
(a)Inpatient care
(1)In generalA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan or coverage may not—
(A)insofar as the attending physician, in consultation with the patient, determines it to be medically necessary—
(i)restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or
(ii)restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or
(B)require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under this paragraph.
(2)ExceptionNothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate.
(b)Prohibition on certain modificationsIn implementing the requirements of this section, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a).
(c)NoticeA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan made available or distributed by the plan or issuer and shall be transmitted—
(1)in the next mailing made by the plan or issuer to the participant or beneficiary; or
(2)as part of any yearly informational packet sent to the participant or beneficiary;whichever is earlier.
(d)Secondary consultations
(1)In generalA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan.
(2)ExceptionNothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation.
(e)Prohibition on penalties or incentivesA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not—
(1)penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section;
(2)provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or
(3)provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d)..
(b)Clerical amendmentThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 714 the following:

Sec. 715. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations..
(c)Effective dates
(1)In generalThe amendments made by this section shall apply with respect to plan years beginning on or after the date that is 90 days after the date of enactment of this Act.
(2)Special rule for collective bargaining agreementsIn the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.
3.Amendments to the Public Health Service Act relating to the group market
(a)In generalSubpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) is amended by adding at the end the following:

2708.Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations
(a)Inpatient care
(1)In generalA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan or coverage may not—
(A)insofar as the attending physician, in consultation with the patient, determines it to be medically necessary—
(i) restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or
(ii)restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or
(B)require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under this paragraph.
(2)ExceptionNothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate.
(b)Prohibition on certain modificationsIn implementing the requirements of this section, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a).
(c)NoticeA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan made available or distributed by the plan or issuer and shall be transmitted—
(1)in the next mailing made by the plan or issuer to the participant or beneficiary; or
(2)as part of any yearly informational packet sent to the participant or beneficiary;whichever is earlier.
(d)Secondary consultations
(1)In generalA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan.
(2)ExceptionNothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation.
(e)Prohibition on penalties or incentivesA group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not—
(1)penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section;
(2)provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or
(3)provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d)..
(b)Effective dates
(1)In generalThe amendments made by this section shall apply to group health plans for plan years beginning on or after 90 days after the date of enactment of this Act.
(2)Special rule for collective bargaining agreementsIn the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.
4.Amendment to the Public Health Service Act relating to the individual market
(a)In generalSubpart 2 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.) is amended by adding at the end the following new section:

2754.Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and secondary consultationsThe provisions of section 2708 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market..
(b)Effective dateThe amendment made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act.
5.Amendments to the Internal Revenue Code of 1986
(a)In generalSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended—
(1)in the table of sections, by inserting after the item relating to section 9813 the following:

Sec. 9814. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations.;
and
(2)by inserting after section 9813 the following:

9814.Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations
(a)Inpatient care
(1)In generalA group health plan that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan may not—
(A)insofar as the attending physician, in consultation with the patient, determines it to be medically necessary—
(i)restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or
(ii)restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or
(B)require that a provider obtain authorization from the plan for prescribing any length of stay required under this paragraph.
(2)ExceptionNothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate.
(b)Prohibition on certain modificationsIn implementing the requirements of this section, a group health plan may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a).
(c)NoticeA group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan made available or distributed by the plan and shall be transmitted—
(1)in the next mailing made by the plan to the participant or beneficiary; or
(2)as part of any yearly informational packet sent to the participant or beneficiary;whichever is earlier.
(d)Secondary consultations
(1)In generalA group health plan that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan.
(2)ExceptionNothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation.
(e)Prohibition on penaltiesA group health plan may not—
(1)penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section;
(2)provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or
(3)provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan involved under subsection (d)..
(b)Effective dates

(1)In generalThe amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act.
(2)Special rule for collective bargaining agreementsIn the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.
6.Opportunity for independent, external third party reviews of certain nonrenewals and discontinuations, including rescissions, of individual health insurance coverage
(a)Clarification regarding application of guaranteed renewability of individual health insurance coverageSection 2742 of the Public Health Service Act (42 U.S.C. 300gg–42) is amended—
(1)in its heading, by inserting , continuation in force, including prohibition of rescission, after Guaranteed renewability;
(2)in subsection (a), by inserting , including without rescission, after continue in force; and
(3)in subsection (b)(2), by inserting before the period at the end the following: , including intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.
(b)Opportunity for independent, external third party review in certain casesSubpart 1 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section:

2746.Opportunity for independent, external third party review in certain cases
(a)Notice and review rightIf a health insurance issuer determines to nonrenew or not continue in force, including rescind, health insurance coverage for an individual in the individual market on the basis described in section 2742(b)(2) before such nonrenewal, discontinuation, or rescission, may take effect the issuer shall provide the individual with notice of such proposed nonrenewal, discontinuation, or rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary.
(b)Independent determinationIf the individual requests such review by an independent, external third party of a nonrenewal, discontinuation, or rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be nonrenewed, discontinued, or rescinded under section 2742(b)(2)..
(c)Effective dateThe amendments made by this section shall apply after the date of the enactment of this Act with respect to health insurance coverage issued before, on, or after such date.