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107_hr2256

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Hospital Survival and Illegal Immigrant Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Immigration is a Federal responsibility. (2) The Immigration and Naturalization Service does not take into custody all aliens who are unlawfully present in the United States. (3) Section 1867 of the Social Security Act (42 U.S.C. 1395dd) and State laws require that, if any individual (whether or not lawfully present in the United States) comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either, within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or, if appropriate, for transfer of the individual to another medical facility. (4) The Southwest border region is ill-equipped to absorb the expense of providing health care to undocumented aliens because it ranks last in the country in terms of per capita income. (5) The Southwest border region has been designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e). (6) The unreimbursed costs associated with caring for undocumented aliens are severely threatening the financial stability of health care providers in Arizona. SEC. 3. REIMBURSEMENT TO HEALTH CARE PROVIDERS FOR EMERGENCY MEDICAL CARE RENDERED TO CERTAIN ALIENS. Section 322 of the Public Health Service Act (42 U.S.C. 249) is amended by adding at the end the following: ``(d)(1) The Secretary shall establish and implement a 5-year pilot program under which funds made available under paragraph (6) are used to reimburse providers for items and services described in section 411(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(b)(1)) provided in Arizona to aliens described in paragraph (3), and to reimburse suppliers of emergency ambulance services furnished to such aliens for which the transportation originates in Arizona (where the use of other methods of transportation is contraindicated by the alien's condition), if payment may not be made to reimburse the provider or supplier under any Federal program or law other than this subsection (such as title XIX of the Social Security Act), any State or local program or law, any group or individual health plan, or any insurance policy. ``(2) As part of the pilot program, in a case in which an alien described in paragraph (3) arrived at a hospital in Arizona and the hospital provided for such medical examination and treatment of the alien as the hospital determined was required to stabilize an emergency medical condition (within the meaning of section 1867(e)(1) of the Social Security Act (42 U.S.C. 1395dd(e)(1))), the Secretary shall use funds made available under paragraph (6) to reimburse the hospital for any transportation costs paid by the hospital to return the alien to the United States border, if-- ``(A) the hospital requested the Attorney General to take the alien into custody after such stabilization; ``(B) such request was denied within 24 hours after its receipt, or the Attorney General gave no response to it within such period; and ``(C) the hospital determined that discharging the alien without providing for such transportation might pose a threat to the health or safety of the alien (or, with respect to a pregnant alien, the health or safety of the alien or her unborn child). ``(3) An alien is described in this paragraph if the alien-- ``(A) is not lawfully present in the United States and not detained by any Federal, State, or local law enforcement authority; or ``(B) is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) for less than one year in order to receive treatment for an emergency medical condition. ``(4) During the period in which the pilot program is operating, the Secretary shall submit annual reports to the Congress on its operation. Each report shall contain at least the following information: ``(A) The number of aliens to whom assistance was rendered for which payment was made under this subsection during the previous year. ``(B) The nationality of such aliens. ``(C) The average cost per alien of such assistance. ``(D) The total annual amount paid to each provider or supplier of assistance. ``(E) The feasibility and estimated cost of expanding the pilot program to items and services provided anywhere in the Southwest border region of the United States. ``(5) Nothing in this subsection shall be construed to authorize any reduction in the funds payable to any person under any Federal program or law other than this subsection (such as title XIX of the Social Security Act), any State or local program or law, any group or individual health plan, or any insurance policy. ``(6) To the extent provided in appropriations Acts, from amounts made available to the Immigration and Naturalization Service for enforcement and border affairs for each of the 5 fiscal years following the fiscal year in which the Border Hospital Survival and Illegal Immigrant Care Act is enacted, the Attorney General may transfer to the Health Resources and Services Administration of the Department of Health and Human Services such amounts as may be necessary to carry out this subsection, not to exceed $50,000,000 for each such year.''.

Border Hospital Survival and Illegal Immigrant Care Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a five-year pilot program of health care provider reimbursement for the costs associated with providing emergency medical and ambulance services in Arizona to: (1) illegal aliens who are not detained by any Federal, State, or local law enforcement authority. Or (2) aliens paroled into the United States for less than one year to receive emergency medical treatment.

To amend the Public Health Service Act to establish a 5-year pilot program under which health care providers are reimbursed by the Secretary of Health and Human Services for the costs associated with providing emergency medical care to aliens who are not lawfully present in the United States and are not detained by any law enforcement authority, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Border Hospital Survival and Illegal Immigrant Care Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: Immigration is a Federal responsibility. The Immigration and Naturalization Service does not take into custody all aliens who are unlawfully present in the United States. Section 1867 of the Social Security Act and State laws require that, if any individual comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either, within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or, if appropriate, for transfer of the individual to another medical facility. The Southwest border region is ill-equipped to absorb the expense of providing health care to undocumented aliens because it ranks last in the country in terms of per capita income. The Southwest border region has been designated as a health professional shortage area under section 332 of the Public Health Service Act . The unreimbursed costs associated with caring for undocumented aliens are severely threatening the financial stability of health care providers in Arizona. <SECTION-HEADER> REIMBURSEMENT TO HEALTH CARE PROVIDERS FOR EMERGENCY MEDICAL CARE RENDERED TO CERTAIN ALIENS. Section 322 of the Public Health Service Act is amended by adding at the end the following: (1) The Secretary shall establish and implement a 5-year pilot program under which funds made available under paragraph (6) are used to reimburse providers for items and services described in section 411(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 USC. 1621(b)(1)) provided in Arizona to aliens described in paragraph (3), and to reimburse suppliers of emergency ambulance services furnished to such aliens for which the transportation originates in Arizona , if payment may not be made to reimburse the provider or supplier under any Federal program or law other than this subsection , any State or local program or law, any group or individual health plan, or any insurance policy. As part of the pilot program, in a case in which an alien described in paragraph (3) arrived at a hospital in Arizona and the hospital provided for such medical examination and treatment of the alien as the hospital determined was required to stabilize an emergency medical condition (within the meaning of section 1867(e)(1) of the Social Security Act (42 USC. 1395dd(e)(1))), the Secretary shall use funds made available under paragraph (6) to reimburse the hospital for any transportation costs paid by the hospital to return the alien to the United States border, if the hospital requested the Attorney General to take the alien into custody after such stabilization. Such request was denied within 24 hours after its receipt, or the Attorney General gave no response to it within such period. And the hospital determined that discharging the alien without providing for such transportation might pose a threat to the health or safety of the alien . An alien is described in this paragraph if the alien is not lawfully present in the United States and not detained by any Federal, State, or local law enforcement authority. Or is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 USC. 1182(d)(5)) for less than one year in order to receive treatment for an emergency medical condition. During the period in which the pilot program is operating, the Secretary shall submit annual reports to the Congress on its operation. Each report shall contain at least the following information: The number of aliens to whom assistance was rendered for which payment was made under this subsection during the previous year. The nationality of such aliens. The average cost per alien of such assistance. The total annual amount paid to each provider or supplier of assistance. The feasibility and estimated cost of expanding the pilot program to items and services provided anywhere in the Southwest border region of the United States. Nothing in this subsection shall be construed to authorize any reduction in the funds payable to any person under any Federal program or law other than this subsection , any State or local program or law, any group or individual health plan, or any insurance policy. To the extent provided in appropriations Acts, from amounts made available to the Immigration and Naturalization Service for enforcement and border affairs for each of the 5 fiscal years following the fiscal year in which the Border Hospital Survival and Illegal Immigrant Care Act is enacted, the Attorney General may transfer to the Health Resources and Services Administration of the Department of Health and Human Services such amounts as may be necessary to carry out this subsection, not to exceed $50,000,000 for each such year.".

Border Hospital Survival and Illegal Immigrant Care Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a five-year pilot program of health care provider reimbursement for the costs associated with providing emergency medical and ambulance services in Arizona to: (1) illegal aliens who are not detained by any Federal, State, or local law enforcement authority. Or (2) aliens paroled into the United States for less than one year to receive emergency medical treatment.

To amend the Public Health Service Act to establish a 5-year pilot program under which health care providers are reimbursed by the Secretary of Health and Human Services for the costs associated with providing emergency medical care to aliens who are not lawfully present in the United States and are not detained by any law enforcement authority, and for other purposes.

111_hr4710

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm to School Improvements Act of 2010''. SEC. 2. FARM TO SCHOOL PROGRAM. (a) Amendment.--The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the following: ``SEC. 19A. FARM TO SCHOOL PROGRAM. ``(a) In General.--The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that-- ``(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education; and ``(2) are designed to-- ``(A) improve the nutritional health and well being of children; ``(B) procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions; ``(C) support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(D) develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders; and ``(E) increase farm income by facilitating farmers' access to institutional markets including schools. ``(b) Eligible Entity.--For purposes of this section, the term `eligible entity' means-- ``(1) a school; ``(2) nonprofit organization; or ``(3) other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs. ``(c) Grants.-- ``(1) Types of grants.--A grant awarded under this section may include-- ``(A) an implementation grant to support the cost of implementing a farm to school program; ``(B) a training and technical assistance grant to support the cost of-- ``(i) providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program; and ``(ii) encouraging collaboration between public and private entities; or ``(C) a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program. ``(2) Grant amounts.--A grant awarded under this section to an eligible entity shall not exceed-- ``(A) in the case of an implementation or training and technical assistance grant, $100,000; and ``(B) in the case of a planning grant, $25,000. ``(3) Grant duration.--A grant under this section shall be awarded for a period-- ``(A) in the case of an implementation or training and technical assistance grant, not to exceed 2 years; and ``(B) in the case of a planning grant, not to exceed 1 year. ``(d) Cost Share.-- ``(1) In general.--The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities. ``(2) Non-federal support.--A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions (including facilities, equipment, training, or services provided by State and local governments and private sources). ``(e) Evaluation.--A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds. ``(f) Regional Balance.--In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure-- ``(1) geographical diversity; and ``(2) equitable treatment of urban, rural, and tribal communities. ``(g) Technical Assistance.--The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs. ``(h) Proposals.-- ``(1) In general.--An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Competitive award selection.--The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include-- ``(A) representatives of schools and eligible institutions; ``(B) registered dietitians; ``(C) operators of small and medium-sized farms; ``(D) public agencies; ``(E) non-governmental and community-based organizations with expertise in local food systems and farm to school programs; and ``(F) other appropriate parties as determined by the Secretary. ``(3) Proposal review criteria.--In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program-- ``(A) improves the nutritional health and well being of children; ``(B) makes local food products available on the menu of the school or institution; ``(C) benefits local small and medium-sized farms; ``(D) incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(E) serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches; ``(F) demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners; ``(G) demonstrates the potential for long-term program sustainability; ``(H) includes adequate and participatory evaluation plans; and ``(I) meets such other related criteria as the Secretary may determine relevant. ``(i) Funding.--Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.''. (b) Conforming Change.--Section 18(g) of the Richard B. Russell School Lunch Act (42 U.S.C. 1769(g)) is amended-- (1) by striking paragraphs (1) and (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.

Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant. Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children, (2) procure healthy local foods from small and medium-sized farms. (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities. (4) commit public and private community stakeholders to the sustained success of such programs. And (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Farm to School Improvements Act of 2010". <SECTION-HEADER> FARM TO SCHOOL PROGRAM. Amendment. The Richard B. Russell National School Lunch Act is amended by inserting after section 19, the following: "Section 19A. FARM TO SCHOOL PROGRAM. In General. The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education. And are designed to improve the nutritional health and well being of children. Procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions. Support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities. Develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders. And increase farm income by facilitating farmers' access to institutional markets including schools. Eligible Entity. For purposes of this section, the term `eligible entity' means a school, nonprofit organization. Or other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs. Grants. Types of grants. A grant awarded under this section may include an implementation grant to support the cost of implementing a farm to school program. A training and technical assistance grant to support the cost of providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program, and encouraging collaboration between public and private entities. Or a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program. Grant amounts. A grant awarded under this section to an eligible entity shall not exceed in the case of an implementation or training and technical assistance grant, $100,000. And in the case of a planning grant, $25,000. Grant duration. A grant under this section shall be awarded for a period in the case of an implementation or training and technical assistance grant, not to exceed 2 years. And in the case of a planning grant, not to exceed 1 year. Cost Share. In general. The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities. Non-federal support. A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions . Evaluation. A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds. Regional Balance. In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure geographical diversity. And equitable treatment of urban, rural, and tribal communities. Technical Assistance. The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs. Proposals. In general. An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Competitive award selection. The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include representatives of schools and eligible institutions, registered dietitians, operators of small and medium-sized farms, public agencies. Non-governmental and community-based organizations with expertise in local food systems and farm to school programs. And other appropriate parties as determined by the Secretary. Proposal review criteria. In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program improves the nutritional health and well being of children. Makes local food products available on the menu of the school or institution, benefits local small and medium-sized farms. Incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities. Serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches. Demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners, demonstrates the potential for long-term program sustainability, includes adequate and participatory evaluation plans. And meets such other related criteria as the Secretary may determine relevant. Funding. Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.". Conforming Change. Section 18(g) of the Richard B. Russell School Lunch Act (42 USC. 1769(g)) is amended by striking paragraphs (1) and (2). And by redesignating paragraphs (3) and (4) as paragraphs and (2), respectively.

Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant. Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children, (2) procure healthy local foods from small and medium-sized farms. (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities. (4) commit public and private community stakeholders to the sustained success of such programs. And (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

107_s409

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Illness Compensation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. (2) Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. (3) Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446), provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that became manifest to a compensable degree within a period prescribed by regulation. (4) The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that ``cannot be attributed to any known clinical diagnosis''. (5) In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as ``Gulf War Syndrome'' exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. (a) Presumptive Period for Undiagnosed Illnesses Program.--Section 1117 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by striking ``within the presumptive period prescribed under subsection (b)'' and inserting ``before December 31, 2011, or such later date as the Secretary may prescribe by regulation''; and (2) by striking subsection (b). (b) Undiagnosed Illnesses.--Such section, as amended by subsection (a), is further amended by inserting after subsection (a) the following new subsection (b): ``(b)(1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. ``(2) For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: ``(A) Fatigue. ``(B) Unexplained rashes or other dermatological signs or symptoms. ``(C) Headache. ``(D) Muscle pain. ``(E) Joint pain. ``(F) Neurologic signs or symptoms. ``(G) Neuropsychological signs or symptoms. ``(H) Signs or symptoms involving the respiratory system (upper or lower). ``(I) Sleep disturbances. ``(J) Gastrointestinal signs or symptoms. ``(K) Cardiovascular signs or symptoms. ``(L) Abnormal weight loss. ``(M) Menstrual disorders.''. (c) Presumption of Service Connection Program.--Section 1118(a) of such title is amended by adding at the end the following new paragraph: ``(4) For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.''. (d) Effective Date.--(1) For purposes of section 5110(g) of title 38, United States Code-- (A) the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994; and (B) the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. (2) The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.

Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs. (2) define an undiagnosed illness in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified. And (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.

A bill to amend title 38, United States Code, to clarify the standards for compensation for Persian Gulf veterans suffering from certain undiagnosed illnesses, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Persian Gulf War Illness Compensation Act of 2001". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act , provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness that became manifest to a compensable degree within a period prescribed by regulation. The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that "cannot be attributed to any known clinical diagnosis". In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as "Gulf War Syndrome" exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. <SECTION-HEADER> COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. Presumptive Period for Undiagnosed Illnesses Program. Section 1117 of title 38, United States Code, is amended in subsection (a)(2), by striking "within the presumptive period prescribed under subsection (b)" and inserting "before December 31, 2011, or such later date as the Secretary may prescribe by regulation". And by striking subsection (b). Undiagnosed Illnesses. Such section, as amended by subsection , is further amended by inserting after subsection (a) the following new subsection (b): (1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: Fatigue. Unexplained rashes or other dermatological signs or symptoms. Headache. Muscle pain. Joint pain. Neurologic signs or symptoms. Neuropsychological signs or symptoms. Signs or symptoms involving the respiratory system . Sleep disturbances. Gastrointestinal signs or symptoms. Cardiovascular signs or symptoms. Abnormal weight loss. Menstrual disorders.". Presumption of Service Connection Program. Section 1118(a) of such title is amended by adding at the end the following new paragraph: For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.". Effective Date. (1) For purposes of section 5110(g) of title 38, United States Code the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994. And the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.

Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs. (2) define an undiagnosed illness in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified. And (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.

A bill to amend title 38, United States Code, to clarify the standards for compensation for Persian Gulf veterans suffering from certain undiagnosed illnesses, and for other purposes.

109_s2759

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2006''. SEC. 2. OUTREACH AND EDUCATION FUNDING. (a) Medicare Outreach and Education by State Health Insurance Counseling Programs.-- (1) Fiscal year 2006.--There are appropriated $13,500,000 to the Centers for Medicare & Medicaid Services to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act. (2) Additional funding for future outreach and education efforts.--There are authorized to be appropriated for each of fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in such Medicare program. (b) Part D Outreach and Education.-- (1) In general.--There are appropriated $6,300,000 to the Centers for Medicare & Medicaid Services to be used to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of title XVIII of the Social Security Act. (2) Transfer of funds through interagency agreement.-- (A) Transfer.--Subject to subparagraph (B), the Administrator of the Centers for Medicare & Medicaid Services shall transfer amounts provided under paragraph (1) to the Administration on Aging under an interagency agreement. (B) Interagency agreement.--The interagency agreement entered into under subparagraph (A) shall establish guidelines with respect to the distribution of amounts transferred under such subparagraph to Area Agencies on Aging and Native American aging programs, taking into account any variations in the population served by such Agencies and such programs. (C) Timing of interagency agreement and distribution of funds.-- (i) Interagency agreement.--Not later than the date that is 60 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall enter into the interagency agreement described in subparagraph (A). (ii) Distribution of funds.--Not later than the date that is 120 days after the date of enactment of this Act, the Administration on Aging shall distribute the amounts transferred under such interagency agreement. SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Application for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who-- ``(I) has an application for an income-related subsidy under section 1860D-14 pending during the individual's initial enrollment period (as determined under paragraph (2)); and ``(II) does not receive notification of the approval or disapproval of such application prior to the end of such initial enrollment period. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a period (not to exceed 30 days) beginning on the date the applicable individual receives the notification described in clause (ii)(II).''. (b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty.--An applicable individual (as defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls during the special enrollment period established under such section shall not be subject to an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to the date of such enrollment.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA). Makes appropriations to the Centers for Medicare Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of SSA title XVIII. Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.

A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Part D Outreach and Enrollment Enhancement Act of 2006". <SECTION-HEADER> OUTREACH AND EDUCATION FUNDING. Medicare Outreach and Education by State Health Insurance Counseling Programs. Fiscal year 2006. There are appropriated $13,500,000 to the Centers for Medicare Medicaid Services to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act. Additional funding for future outreach and education efforts. There are authorized to be appropriated for each of fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in such Medicare program. Part D Outreach and Education. In general. There are appropriated $6,300,000 to the Centers for Medicare Medicaid Services to be used to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of title XVIII of the Social Security Act. Transfer of funds through interagency agreement. Transfer. Subject to subparagraph (B), the Administrator of the Centers for Medicare Medicaid Services shall transfer amounts provided under paragraph (1) to the Administration on Aging under an interagency agreement. Interagency agreement. The interagency agreement entered into under subparagraph (A) shall establish guidelines with respect to the distribution of amounts transferred under such subparagraph to Area Agencies on Aging and Native American aging programs, taking into account any variations in the population served by such Agencies and such programs. Timing of interagency agreement and distribution of funds. Interagency agreement. Not later than the date that is 60 days after the date of enactment of this Act, the Administrator of the Centers for Medicare Medicaid Services shall enter into the interagency agreement described in subparagraph (A). Distribution of funds. Not later than the date that is 120 days after the date of enactment of this Act, the Administration on Aging shall distribute the amounts transferred under such interagency agreement. <SECTION-HEADER> SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. Special Enrollment Period. Section 1860D-1(b)(3) of the Social Security Act (42 USC. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: Application for low-income subsidy. In general. Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). Applicable individual defined. For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who has an application for an income-related subsidy under section 1860D-14 pending during the individual's initial enrollment period (as determined under paragraph (2)). And does not receive notification of the approval or disapproval of such application prior to the end of such initial enrollment period. Timing of special enrollment period. The special enrollment period established under this subparagraph shall be for a period beginning on the date the applicable individual receives the notification described in clause (II).". Waiver of Late Enrollment Penalty. Section 1860D-13(b) of the Social Security Act (42 USC. 1395w-113(b)) is amended by adding at the end the following new paragraph: Waiver of penalty. An applicable individual (as defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls during the special enrollment period established under such section shall not be subject to an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to the date of such enrollment.". Effective Date. The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 .

Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA). Makes appropriations to the Centers for Medicare Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of SSA title XVIII. Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.

A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program.

107_hr5568

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Retirement Recovery Act of 2002''. SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. (a) Restoration of Prior Law Formula.--Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of-- ``(1) one-half of the Social Security benefits received during the taxable year, or ``(2) one-half of the excess described in subsection (b)(1).''. (b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 of such Code is amended to read as follows: ``(c) Base Amount.--For purposes of this section, the term `base amount' means-- ``(1) except as otherwise provided in this subsection, $25,000, ``(2) $32,000 in the case of a joint return, and ``(3) zero in the case of a taxpayer who-- ``(A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and ``(B) does not live apart from his spouse at all times during the taxable year.''. (c) Conforming Amendments.-- (1) Subparagraph (A) of section 871(a)(3) of such Code is amended by striking ``85 percent'' and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Subsection (c)(1).--The amendment made by subsection (c)(1) shall apply to benefits paid after December 31, 2001. (3) Subsection (c)(2).--The amendments made by subsection (c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2001. (e) Maintenance of Transfers to Hospital Insurance Trust Fund.-- (1) In general.--There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. (2) Reports.--The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this subsection. SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80. (a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) are each amended by striking ``70\1/2\'' each place it appears and inserting ``80''. (b) Individual Retirement Plans.-- (1) Paragraph (1) of section 219(d) of such Code is amended-- (A) by striking ``70\1/2\'' in the text and inserting ``80'', and (B) by striking ``70\1/2\'' in the heading and inserting ``80''. (2) Subsection (b) of section 408 of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is amended-- (1) by striking ``70\1/2\'' in the text and inserting ``80'', and (2) by striking ``70\1/2\'' in the heading and inserting ``80''. (d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (e) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

Seniors' Retirement Recovery Act of 2002 - Amends the Internal Revenue Code to repeal the 1993 income tax increase on Social Security benefits. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenue lost because of the repeal. Increases the age at which pension and retirement distributions must begin from 70 12 to 80.

To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits and to increase the age at which distributions must commence from certain retirement plans from 70 1/2 to 80.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Seniors' Retirement Recovery Act of 2002". <SECTION-HEADER> REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. Restoration of Prior Law Formula. Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: In General. Gross income for the taxable year of any taxpayer described in subsection (b) includes Social Security benefits in an amount equal to the lesser of one-half of the Social Security benefits received during the taxable year, or one-half of the excess described in subsection (1).". Repeal of Adjusted Base Amount. Subsection (c) of section 86 of such Code is amended to read as follows: Base Amount. For purposes of this section, the term `base amount' means except as otherwise provided in this subsection, $25,000, $32,000 in the case of a joint return, and zero in the case of a taxpayer who is married as of the close of the taxable year but does not file a joint return for such year, and does not live apart from his spouse at all times during the taxable year.". Conforming Amendments. Subparagraph (A) of section 871(a)(3) of such Code is amended by striking "85 percent" and inserting "50 percent". (A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 is amended by striking "(A) There" and inserting "There", by striking "(i)" immediately following "amounts equivalent to". And by striking ", less (ii)" and all that follows and inserting a period. Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph as subparagraph (B). Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking "paragraph (1)(A)" and inserting "paragraph (1)". Effective Dates. In general. Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2001. Subsection (c)(1). The amendment made by subsection (1) shall apply to benefits paid after December 31, 2001. Subsection (c)(2). The amendments made by subsection (2) shall apply to tax liabilities for taxable years beginning after December 31, 2001. Maintenance of Transfers to Hospital Insurance Trust Fund. In general. There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. Reports. The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this subsection. <SECTION-HEADER> AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80. Qualified Pension Plans. Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 are each amended by striking "7012" each place it appears and inserting "80". Individual Retirement Plans. Paragraph (1) of section 219(d) of such Code is amended by striking "7012" in the text and inserting "80", and by striking "7012" in the heading and inserting "80". Subsection (b) of section 408 of such Code is amended by striking "7012" and inserting "80". Roth IRA's. Paragraph (4) of section 408A(c) of such Code is amended by striking "7012" in the text and inserting "80", and by striking "7012" in the heading and inserting "80". Section 457 Plans. Clause (i) of section 457(d)(1)(A) of such Code is amended by striking "7012" and inserting "80". Effective Date. The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

Seniors' Retirement Recovery Act of 2002 - Amends the Internal Revenue Code to repeal the 1993 income tax increase on Social Security benefits. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenue lost because of the repeal. Increases the age at which pension and retirement distributions must begin from 70 12 to 80.

To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits and to increase the age at which distributions must commence from certain retirement plans from 70 12 to 80.

113_hr1487

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Health Care at Lower Cost Act of 2013''. SEC. 2. EXCEPTION AND SAFE HARBOR FROM FEDERAL SANCTIONS FOR INCENTIVE PAYMENTS FROM HOSPITALS TO PHYSICIANS UNDER CERTAIN INCENTIVE PAYMENT PROGRAMS. (a) Findings.--Congress finds the following: (1) The Department of Health and Human Services has been engaged in approving, on a project-by-project basis, gain- sharing arrangements under demonstration authority for nearly a decade. Based on the knowledge gained from such demonstration projects, the Department is capable of developing and applying standards for permitting such arrangements more generally without the use of such authority. (2) The Inspector General of the Department of Health and Human Services has issued a special advisory bulletin in July 1999 that indicates that there is no general authority for waiving sanctions for any gain-sharing arrangements between physicians and hospitals. (3) Due to lack of capitalization, size limitations, risk characteristics, and other factors, many hospitals and physicians have been unable or unwilling to enter into gain- sharing types of arrangements that meet the requirements of the shared savings program. (b) Purpose.--The purpose of this section is to establish general statutory authority within the Department of Health and Human Services to recognize gain-sharing and other incentive payment programs, other than the shared savings program, that align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality care. (c) Exception From Physician Self-Referral Prohibition.--Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the following new paragraph: ``(9) Payments under certain incentive payment programs between hospitals and physicians.-- ``(A) In general.--In the case of a monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B)) that meets requirements established by the Secretary in consultation with the Attorney General and the Inspector General of the Department of Health and Human Services for purposes of this paragraph. ``(B) Incentive payment program defined.--In this paragraph, the term `incentive payment program' means a program that is designed to align incentives among hospitals and physicians (through techniques such as product standardization, the substitution of lower cost products, and care coordination initiatives that encourage medically appropriate decreases in length of stay) to improve efficiency and decrease costs while maintaining or improving quality.''. (d) Safe Harbor From Antikickback and Other Federal Sanctions.-- (1) Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (A) by striking ``and'' at the end of subparagraph (I); (B) in subparagraph (J), by moving the indentation 2 ems to the left and by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) any monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B) of section 1877(e)(9)) that meets requirements established by the Inspector General of the Department of Health and Human Services in consultation with the Attorney General for purposes of applying this subparagraph (which requirements needs not be the same as those established under subparagraph (A) of such section).''. (2) Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a-7a(b)(1)) is amended by inserting ``(other than a monetary incentive payment described in section 1128B(b)(3)(K))'' after ``makes a payment''. (e) Publication of Guidance.--The Secretary of Health and Human Services and the Inspector General of the Department of Health and Human Services-- (1) not later than 6 months after the date of the enactment of this Act, shall jointly publish a solicitation of comments to carry out the amendments made by this section; and (2) not later than 12 months after such date of enactment, shall publish, jointly or separately, such guidance or rules, which may be effective on an interim, final basis, as may be necessary to carry out such amendments in a timely manner. (f) Construction.--Nothing in this section (or the amendments made by this section) shall be construed as affecting the operation of the shared savings program. (g) Shared Savings Program Defined.--In this section, the term ``shared savings program'' means such program under section 1899 of the Social Security Act (42 U.S.C. 1395jjj).

Improved Health Care at Lower Cost Act of 2013 - Amends title XVIII (Medicare) and XI of the Social Security Act with respect to the prohibition against certain physician referrals. Excepts from the physician self-referral prohibition any monetary incentive payments made by hospitals to physicians under certain incentive payment programs designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality. Exempts such monetary incentive payments from federal criminal antikickback and other sanctions.

Improved Health Care at Lower Cost Act of 2013

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Improved Health Care at Lower Cost Act of 2013". <SECTION-HEADER> EXCEPTION AND SAFE HARBOR FROM FEDERAL SANCTIONS FOR INCENTIVE PAYMENTS FROM HOSPITALS TO PHYSICIANS UNDER CERTAIN INCENTIVE PAYMENT PROGRAMS. Findings. Congress finds the following: The Department of Health and Human Services has been engaged in approving, on a project-by-project basis, gain- sharing arrangements under demonstration authority for nearly a decade. Based on the knowledge gained from such demonstration projects, the Department is capable of developing and applying standards for permitting such arrangements more generally without the use of such authority. The Inspector General of the Department of Health and Human Services has issued a special advisory bulletin in July 1999 that indicates that there is no general authority for waiving sanctions for any gain-sharing arrangements between physicians and hospitals. Due to lack of capitalization, size limitations, risk characteristics, and other factors, many hospitals and physicians have been unable or unwilling to enter into gain- sharing types of arrangements that meet the requirements of the shared savings program. Purpose. The purpose of this section is to establish general statutory authority within the Department of Health and Human Services to recognize gain-sharing and other incentive payment programs, other than the shared savings program, that align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality care. Exception From Physician Self-Referral Prohibition. Section 1877(e) of the Social Security Act (42 USC. 1395nn(e)) is amended by adding at the end the following new paragraph: Payments under certain incentive payment programs between hospitals and physicians. In general. In the case of a monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B)) that meets requirements established by the Secretary in consultation with the Attorney General and the Inspector General of the Department of Health and Human Services for purposes of this paragraph. Incentive payment program defined. In this paragraph, the term `incentive payment program' means a program that is designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality.". Safe Harbor From Antikickback and Other Federal Sanctions. Section 1128B(b)(3) of the Social Security Act (42 USC. 1320a-7b(b)(3)) is amended by striking "and" at the end of subparagraph. In subparagraph (J), by moving the indentation 2 ems to the left and by striking the period at the end and inserting ", and". And by adding at the end the following new subparagraph: any monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B) of section 1877(e)(9)) that meets requirements established by the Inspector General of the Department of Health and Human Services in consultation with the Attorney General for purposes of applying this subparagraph (which requirements needs not be the same as those established under subparagraph .". Section 1128A(b)(1) of the Social Security Act (42 USC. 1320a-7a(b)(1)) is amended by inserting "(other than a monetary incentive payment described in section 1128B(b)(3)(K))" after "makes a payment". Publication of Guidance. The Secretary of Health and Human Services and the Inspector General of the Department of Health and Human Services not later than 6 months after the date of the enactment of this Act, shall jointly publish a solicitation of comments to carry out the amendments made by this section. And not later than 12 months after such date of enactment, shall publish, jointly or separately, such guidance or rules, which may be effective on an interim, final basis, as may be necessary to carry out such amendments in a timely manner. Construction. Nothing in this section shall be construed as affecting the operation of the shared savings program. Shared Savings Program Defined. In this section, the term "shared savings program" means such program under section 1899 of the Social Security Act .

Improved Health Care at Lower Cost Act of 2013 - Amends title XVIII (Medicare) and XI of the Social Security Act with respect to the prohibition against certain physician referrals. Excepts from the physician self-referral prohibition any monetary incentive payments made by hospitals to physicians under certain incentive payment programs designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality. Exempts such monetary incentive payments from federal criminal antikickback and other sanctions.

Improved Health Care at Lower Cost Act of 2013

115_s721

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Access Records Available to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. (2) This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. (3) This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. (4) To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. (5) Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. (6) President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the ``Winter White House'' and the ``Southern White House''. (7) President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. (8) Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. (9) Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. (10) The President has conducted official business and hosted international leaders at Mar-a-Lago. (11) Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. (12) President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. (13) On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. (14) Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a ``Summer White House''. (15) The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. (16) To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. SEC. 3. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. (a) Definitions.--In this section: (1) Covered location.--The term ``covered location'' means-- (A) the White House; (B) the residence of the Vice President; and (C) any other location at which the President or the Vice President regularly conducts official business. (2) Covered records.--The term ``covered records'' means information relating to a visit at a covered location, which shall include-- (A) the name of each visitor at the covered location; (B) the name of each individual with whom each visitor described in subparagraph (A) met at the covered location; and (C) the purpose of the visit. (b) Requirement.--Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. (c) Exceptions.-- (1) In general.--The President shall not include in the database established under subsection (b) any covered record-- (A) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security; or (B) relating to a purely personal guest at a covered location. (2) Sensitive meetings.--With respect to a particularly sensitive meeting at a covered location, the President shall-- (A) include the number of visitors at the covered location in the database established under subsection (b); and (B) post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business. The name of each individual with whom the visitor met at the covered location. And the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Making Access Records Available to Lead American Government Openness Act" or the "MAR-A-LAGO Act". <SECTION-HEADER> FINDINGS. Congress finds the following: Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the "Winter White House" and the "Southern White House". President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. The President has conducted official business and hosted international leaders at Mar-a-Lago. Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a "Summer White House". The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. <SECTION-HEADER> IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. Definitions. In this section: Covered location. The term "covered location" means the White House, the residence of the Vice President. And any other location at which the President or the Vice President regularly conducts official business. Covered records. The term "covered records" means information relating to a visit at a covered location, which shall include the name of each visitor at the covered location. The name of each individual with whom each visitor described in subparagraph (A) met at the covered location. And the purpose of the visit. Requirement. Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. Exceptions. In general. The President shall not include in the database established under subsection (b) any covered record the posting of which would implicate personal privacy or law enforcement concerns or threaten national security. Or relating to a purely personal guest at a covered location. Sensitive meetings. With respect to a particularly sensitive meeting at a covered location, the President shall include the number of visitors at the covered location in the database established under subsection. And post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business. The name of each individual with whom the visitor met at the covered location. And the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act

112_hr1471

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Government Shutdowns Act''. SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING. (a) In General.--If, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for any projects or activities of the Federal Government that were conducted in the previous fiscal year, and for which appropriations, funds, or other authority were made available in such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such amounts as may be necessary for continuing such projects or activities (including the costs of direct loans and loan guarantees), at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for the project or activity for the previous fiscal year. (b) Continuation Period.--Appropriations and funds made available and authority granted for a project or activity pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for such project or activity; (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity; or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity pursuant to subsection (a). SEC. 3. AVAILABILITY OF FUNDS. (a) Extent and Manner.--Appropriations made by section 2(a) shall be available to the extent and in the manner that would be provided by the applicable appropriation Act. (b) Coverage.--Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. SEC. 4. USE OF FUNDS. (a) No New Starts.--No appropriation or funds made available or authority granted pursuant to section 2(a) shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. (b) Apportionment Timing.--Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. (c) High Rates for Operation.--Notwithstanding any other provision of this Act, except section 2(b), for those programs that would otherwise have high rates for operation or complete distribution of appropriations in the period for which appropriations for such programs are made available under this Act because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates for operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. (d) Limited Funding Actions.--This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. (e) Prevention of Furloughs.--Amounts made available under section 2(a) for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriation Act for the previous fiscal year, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. (f) Pay for Members of the Armed Forces.--During a period in which appropriations are made available under this Act for the pay of members of the Armed Forces, the rate of pay for such members shall not be decreased by reason of this Act. (g) Application of Certain Authorization Requirements.--Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). SEC. 5. ADJUSTMENT OF ACCOUNTS. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS. (a) For entitlements and other mandatory payments whose budget authority was provided in previous appropriation Acts, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriation Act for the previous fiscal year, to be continued through the date on which appropriations for such programs under this Act expire (as specified in section 2(b)). (b) Notwithstanding section 2(b)(3), obligations for mandatory payments due on or about the first day of any month that begins after the first month in which appropriations for such programs are made under this Act but not later than 30 days after the date on which appropriations for such programs under this Act expire (as specified in section 2(b)(3)) may continue to be made, and funds shall be available for such payments.

Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities. Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity. Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements. But declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period. Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law. Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Stop Government Shutdowns Act". <SECTION-HEADER> AUTOMATIC CONTINUATION OF FEDERAL FUNDING. In General. If, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for any projects or activities of the Federal Government that were conducted in the previous fiscal year, and for which appropriations, funds, or other authority were made available in such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such amounts as may be necessary for continuing such projects or activities , at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for the project or activity for the previous fiscal year. Continuation Period. Appropriations and funds made available and authority granted for a project or activity pursuant to this Act shall be available until whichever of the following first occurs: the enactment into law of an appropriation for such project or activity. The enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity. Or the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity pursuant to subsection . <SECTION-HEADER> AVAILABILITY OF FUNDS. Extent and Manner. Appropriations made by section 2(a) shall be available to the extent and in the manner that would be provided by the applicable appropriation Act. Coverage. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. <SECTION-HEADER> USE OF FUNDS. No New Starts. No appropriation or funds made available or authority granted pursuant to section 2(a) shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Apportionment Timing. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. High Rates for Operation. Notwithstanding any other provision of this Act, except section 2(b), for those programs that would otherwise have high rates for operation or complete distribution of appropriations in the period for which appropriations for such programs are made available under this Act because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates for operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. Limited Funding Actions. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. Prevention of Furloughs. Amounts made available under section 2(a) for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriation Act for the previous fiscal year, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. Pay for Members of the Armed Forces. During a period in which appropriations are made available under this Act for the pay of members of the Armed Forces, the rate of pay for such members shall not be decreased by reason of this Act. Application of Certain Authorization Requirements. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 , section 15 of the State Department Basic Authorities Act of 1956 , section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 , and section 504(a)(1) of the National Security Act of 1947 (50 USC. 414(a)(1)). <SECTION-HEADER> ADJUSTMENT OF ACCOUNTS. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. <SECTION-HEADER> ENTITLEMENTS AND OTHER MANDATORY PROGRAMS. For entitlements and other mandatory payments whose budget authority was provided in previous appropriation Acts, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriation Act for the previous fiscal year, to be continued through the date on which appropriations for such programs under this Act expire (as specified in section 2(b)). Notwithstanding section 2(b)(3), obligations for mandatory payments due on or about the first day of any month that begins after the first month in which appropriations for such programs are made under this Act but not later than 30 days after the date on which appropriations for such programs under this Act expire (as specified in section 2(b)(3)) may continue to be made, and funds shall be available for such payments.

Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities. Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity. Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements. But declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period. Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law. Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations.

110_hr2822

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Ethics Commission Act of 2007''. SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the House of Representatives to be known as the Independent Ethics Committee (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 9 commissioners, 4 appointed by the Speaker and 4 by the minority leader of the House, and one selected by the affirmative vote of two-thirds of the 8 appointed commissioners for a term of 5 years. No commissioner may serve for more than 5 years. (2) Commissioners shall be appointed for terms of 5 years, except that of the commissioners first appointed, 2 appointed by the Speaker and 2 by the minority leader shall be for 3-year terms and 2 appointed by the Speaker and 2 by the minority leader shall be for 4-year terms as designated by the Speaker and the minority leader at the time of appointment. (c) Qualifications.--Only former Federal judges shall be eligible for appointment to the Commission. (1) Disqualifications for appointments.-- (A) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (B) Incompatible office.--No member of the Commission appointed under subsection (b) may be a Member of the House of Representatives or Senator. (2) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum. (f) Meetings.--The Commission shall meet at the call a majority of its members. SEC. 3. DUTIES OF COMMISSION. (a) Duties.--The Commission is authorized-- (1) to receive, monitor, and oversee financial disclosure and other reports filed by Members of the House and officers and employees of the House under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995; (2) in accordance with the procedures set forth under subsection (b), to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under House rules in the performance of his duties or the discharge of his responsibilities; (3) to present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives; (4) to make recommendations to the Committee on Standards of Official Conduct of the House of Representatives that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office; (5) to provide information and informal guidance to Members, officers and employees of the House of Representatives regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards; and (6) to give consideration to the request of any Member, officer, or employee of the House of Representatives for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives, as applicable, with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives. (b) Procedures for Initiation of Investigations and Other Matters.-- (1) In general.--An investigation may be initiated by the filing of a complaint with the Commission by a Member of the House of Representatives or an outside complainant, or by the Commission on its own initiative, based on any information in its possession. The Commission shall not accept a complaint concerning a Member within 90 days of an election involving such Member. (2) Deadline for determination of action.-- (A) In general.--Not later than 45 days after receiving a complaint, the Commission shall make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation in response to the complaint. (B) Extension upon majority approval.--The Commission may, by vote of the majority of its members, extend the deadline established under subparagraph (A) to such deadline as it considers appropriate. (C) Treatment of frivolous complaints.--In any instance in which the Commission decides to dismiss a complaint, the Commission may issue a determination that the complaint is frivolous. If the Commission issues such a determination, the Commission may not accept any future complaint filed by that same person and the complainant shall be required to pay for the costs of the Commission resulting from such complaint. The Commission may refer the matter to the Attorney General to collect such costs. (D) Special rule for investigations conducted on commission's own initiative.--For any investigation conducted by the Commission at its own initiative, the Commission shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Commission with an opportunity to submit information to the Commission to show that there are not sufficient grounds to conduct an investigation. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable. (b) Subpoenas.--A subpoena may be issued only with a majority of the Commission. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Commission to enable it to carry out its duties. (d) Referrals to the Department of Justice.--Whenever the Commission has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, that matter may be referred to the Department of Justice for it to investigate. (e) General Audits.--The Commission shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995. SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) Notification.--Whenever the Commission determines that there are sufficient grounds to conduct an investigation-- (1) the Commission shall notify the Committee on Standards of Official Conduct of this determination; (2) the applicable committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll-call vote is included in the report; (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote; and (E) if the committee votes to overrule the determination of the Commission pursuant to subparagraph (B), the Commission may publish and make available to the general public a report detailing the reasons that the Commission concluded there were sufficient grounds to conduct an investigation. (b) Conducting Investigations.--(1) If the Commission determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Commission shall conduct an investigation to determine if probable cause exists that a violation occurred. (2) As part of an investigation, the Commission may-- (A) administer oaths; (B) issue subpoenas; (C) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; and (D) take the deposition of witnesses. (3) If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress. (c) Presentation of Case to House Committee on Standards of Official Conduct.--(1) If the Commission determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Commission shall notify the Committee on Standards of Official Conduct of the House of Representatives of this determination. (2) The committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two- thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll- call vote is included in the report; and (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. (3) If the committee votes to overrule the determination of the Commission pursuant to paragraph (2), the Commission may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee. (4)(A) If the Commission determines there is probable cause that an ethics violation has occurred and the Commission's determination is not overruled, the Commission shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives to hear and make a determination pursuant to its rules. (B) The committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote. (d) Sanctions.--Whenever the Committee on Standards of Official Conduct of the House of Representatives finds that an ethics violation has occurred the Commission shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation. SEC. 6. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 7. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The Commission shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 10. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall take effect immediately prior to noon January 3, 2009.

Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges. Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative, and (2) for consequent actions.

To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Independent Ethics Commission Act of 2007". <SECTION-HEADER> ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION. Establishment. There is established an independent ethics commission within the House of Representatives to be known as the Independent Ethics Committee . Membership and Terms of Office. (1) The Commission shall consist of 9 commissioners, 4 appointed by the Speaker and 4 by the minority leader of the House, and one selected by the affirmative vote of two-thirds of the 8 appointed commissioners for a term of 5 years. No commissioner may serve for more than 5 years. Commissioners shall be appointed for terms of 5 years, except that of the commissioners first appointed, 2 appointed by the Speaker and 2 by the minority leader shall be for 3-year terms and 2 appointed by the Speaker and 2 by the minority leader shall be for 4-year terms as designated by the Speaker and the minority leader at the time of appointment. Qualifications. Only former Federal judges shall be eligible for appointment to the Commission. Disqualifications for appointments. Lobbying. No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. Incompatible office. No member of the Commission appointed under subsection (b) may be a Member of the House of Representatives or Senator. Vacancies. A vacancy on the Commission shall be filled in the manner in which the original appointment was made. Compensation. Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day during which they are engaged in the actual performance of duties vested in the Commission. Quorum. A majority of the members of the Commission shall constitute a quorum. Meetings. The Commission shall meet at the call a majority of its members. <SECTION-HEADER> DUTIES OF COMMISSION. Duties. The Commission is authorized to receive, monitor, and oversee financial disclosure and other reports filed by Members of the House and officers and employees of the House under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995. In accordance with the procedures set forth under subsection (b), to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under House rules in the performance of his duties or the discharge of his responsibilities. To present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives. To make recommendations to the Committee on Standards of Official Conduct of the House of Representatives that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office. To provide information and informal guidance to Members, officers and employees of the House of Representatives regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards. And to give consideration to the request of any Member, officer, or employee of the House of Representatives for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives, as applicable, with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives. Procedures for Initiation of Investigations and Other Matters. In general. An investigation may be initiated by the filing of a complaint with the Commission by a Member of the House of Representatives or an outside complainant, or by the Commission on its own initiative, based on any information in its possession. The Commission shall not accept a complaint concerning a Member within 90 days of an election involving such Member. Deadline for determination of action. In general. Not later than 45 days after receiving a complaint, the Commission shall make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation in response to the complaint. Extension upon majority approval. The Commission may, by vote of the majority of its members, extend the deadline established under subparagraph (A) to such deadline as it considers appropriate. Treatment of frivolous complaints. In any instance in which the Commission decides to dismiss a complaint, the Commission may issue a determination that the complaint is frivolous. If the Commission issues such a determination, the Commission may not accept any future complaint filed by that same person and the complainant shall be required to pay for the costs of the Commission resulting from such complaint. The Commission may refer the matter to the Attorney General to collect such costs. Special rule for investigations conducted on commission's own initiative. For any investigation conducted by the Commission at its own initiative, the Commission shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Commission with an opportunity to submit information to the Commission to show that there are not sufficient grounds to conduct an investigation. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Evidence. The Commission may for the purpose of carrying out this Act hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths. And subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable. Subpoenas. A subpoena may be issued only with a majority of the Commission. Obtaining Information. Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Commission to enable it to carry out its duties. Referrals to the Department of Justice. Whenever the Commission has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, that matter may be referred to the Department of Justice for it to investigate. General Audits. The Commission shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995. <SECTION-HEADER> INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. Notification. Whenever the Commission determines that there are sufficient grounds to conduct an investigation the Commission shall notify the Committee on Standards of Official Conduct of this determination. The applicable committee may overrule the determination of the Commission if, within 10 legislative days the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Commission. The committee issues a public report detailing its reasoning for overruling the Commission. The vote of each member of the committee on such roll-call vote is included in the report. Dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. And if the committee votes to overrule the determination of the Commission pursuant to subparagraph (B), the Commission may publish and make available to the general public a report detailing the reasons that the Commission concluded there were sufficient grounds to conduct an investigation. Conducting Investigations. (1) If the Commission determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Commission shall conduct an investigation to determine if probable cause exists that a violation occurred. As part of an investigation, the Commission may administer oaths, issue subpoenas. Compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony. And take the deposition of witnesses. If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress. Presentation of Case to House Committee on Standards of Official Conduct. (1) If the Commission determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Commission shall notify the Committee on Standards of Official Conduct of the House of Representatives of this determination. The committee may overrule the determination of the Commission if, within 10 legislative days the committee by an affirmative, roll-call vote of two- thirds of the full committee votes to overrule the determination of the Commission. The committee issues a public report detailing its reasoning for overruling the Commission. The vote of each member of the committee on such roll- call vote is included in the report. And dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. If the committee votes to overrule the determination of the Commission pursuant to paragraph (2), the Commission may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee. (A) If the Commission determines there is probable cause that an ethics violation has occurred and the Commission's determination is not overruled, the Commission shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives to hear and make a determination pursuant to its rules. The committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote. Sanctions. Whenever the Committee on Standards of Official Conduct of the House of Representatives finds that an ethics violation has occurred the Commission shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation. <SECTION-HEADER> PROCEDURAL RULES. Majority Approval. No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. Investigations. Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. Prohibition of Certain Investigations. No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. Disclosure. No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. <SECTION-HEADER> STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The Commission shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. <SECTION-HEADER> AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. House Rules Amendments. Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: In paragraph (a), strike subparagraphs (1), (2), and , and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (A) Paragraph (b)(1) is amended by striking "(A)", by striking "a resolution, report, recommendation, or" and inserting "an", and by striking ", or, except as provided in subparagraph (2), undertake an investigation", and by striking subdivision (B). Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and . Conforming Amendments. Section 803 of the Ethics Reform Act of 1989 is amended by striking subsections (c) and (d). <SECTION-HEADER> ACTION ON COMMISSION RECOMMENDATIONS. Printing of Reports in Congressional Record. Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. House Consideration of Independent Ethics Commission Recommendations. Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. <SECTION-HEADER> EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall take effect immediately prior to noon January 3, 2009.

Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges. Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative, and (2) for consequent actions.

To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges.

111_hr5674

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Reduction and Energy Security Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Environmental Protection Agency (``EPA'') was required by the terms of the Clean Air Act Amendments of 1990 and a 1998 consent agreement to determine whether regulation of mercury from electric utility steam generating units under section 112 of the Clean Air Act was appropriate and necessary. (2) In a December 2000, regulatory finding, the EPA concluded that regulation of mercury from electric utility steam generating units was appropriate and necessary. (3) In 2005, the EPA withdrew its 2000 regulatory finding in favor of a national cap-and-trade system for mercury emissions from electric utility steam generating units, the Clean Air Mercury Rule (``CAMR''). (4) CAMR was subsequently challenged in petitions for review filed by 17 States. (5) The United States Court of Appeals for the District of Columbia Circuit vacated the rule on February 8, 2008, finding that once the EPA had listed electric utility steam generating units as a source of hazardous air pollutants, it was required by law to proceed with Maximum Achievable Control Technology (``MACT'') regulations under section 112 of the Clean Air Act unless it delisted the source category, under procedures set forth in section 112(c)(9). (6) Mercury control technologies for coal-fired electric utility steam generating units have advanced rapidly in the last few years. (b) Purpose.--The purpose of this Act is to protect public health and welfare, and the environment, through mercury emission reductions from electric utility steam generating units. SEC. 3. MERCURY EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following new title: ``TITLE VII--MERCURY REDUCTIONS ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Affected unit.--The term `affected unit' means a coal-fired electric steam generating unit (including a cogeneration unit) that-- ``(A) has a nameplate capacity greater than 25 megawatts; and ``(B) generates electricity for sale. ``(2) Cogeneration unit.--The term `cogeneration unit' means a stationary, coal-fired boiler or a stationary, coal- fired combustion turbine having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy that produces during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity-- ``(A) for a topping-cycle cogeneration unit-- ``(i) useful thermal energy not less than 5 percent of total energy output; and ``(ii) useful power that, when added to one-half of useful thermal energy produced, is not less than-- ``(I) 42.5 percent of total energy input if useful thermal energy produced is 15 percent or more of total energy output; or ``(II) 45 percent of total energy input if useful thermal energy produced is less than 15 percent of total energy output; and ``(B) for a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. ``(3) Inlet mercury.--The term `inlet mercury' means the quantity of mercury found-- ``(A) in the as-fired coal used by an affected unit; or ``(B) for an affected unit using coal that is subjected to an advanced coal cleaning technology, in the as-mined coal used by the affected unit. ``SEC. 702. MERCURY REDUCTION PROGRAM. ``(a) Annual Limitation for Affected Units.--Except as provided in subsection (f), an affected unit in operation before or after the date of enactment of this title shall be subject to the following emission limitations on an annual average calendar year basis with respect to mercury: ``(1) Calendar years 2012 through 2014.--For the period beginning on January 1, 2012, and ending on December 31, 2014, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 80 percent capture of inlet mercury. ``(B) An emission rate of 1.60 pounds of mercury per trillion British thermal units of input coal. ``(2) Calendar year 2015 and thereafter.--For calendar year 2015 and each calendar year thereafter, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 90 percent capture of inlet mercury. ``(B) An emission rate of 0.80 pounds of mercury per trillion British thermal units of input coal. ``(b) Averaging Across Units Within a Facility or State.--(1) An owner or operator of more than one affected unit at a single facility may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units at that facility, weighted by total input coal British thermal units. ``(2) An owner or operator of more than one affected unit or units within a State may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units owned or operated by that owner or operator within such State, weighted by total input coal British thermal units, if all affected units are owned or operated by the same entity. ``(3) If an affected unit is owned or operated by more than one entity, the State in which the affected unit is located shall allocate to each such owner or operator an appropriate portion of the generation from the affected unit for purposes of averaging emissions pursuant to paragraph (1) or (2). ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The owner or operator of an affected unit shall use any of the following methods as a reference method to calibrate the instruments used to measure the mercury concentration in emissions from affected units: ``(A) ASTM D6784-02, `Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources' (Ontario Hydro Method). ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, `Determination of Metals Emissions from Stationary Sources'. ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, `Determination of Total Vapor Phase Mercury Emissions from Stationary Sources (Instrumental Analyzer Procedure)'. ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, `Determination of Total Vapor Phase Mercury Emissions from Coal-Fired Combustion Sources Using Carbon Sorbent Traps'. ``(2) The Administrator may revise or supplement the list of permitted methods set forth in paragraph (1) to reflect improvements or other developments in the measurement of mercury emissions from coal- fired electric steam generating units. ``(d) Monitoring System.--(1) The owner or operator of an affected unit shall install and operate a continuous emissions monitoring system (CEMS) to measure the quantity of mercury that is emitted from each affected unit. ``(2) For purposes of complying with paragraph (1), the owner or operator of an affected unit may use-- ``(A) any CEMS that meets the requirements in Performance Specification 12A (PS-12A), `Specifications and Test Procedures for Total Vapor-Phase Mercury Continuous Monitoring Systems in Stationary Sources'; ``(B) a mercury concentration CEMS that meets the requirements of 40 C.F.R. Part 75; or ``(C) a sorbent trap monitoring system that meets the requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix K, `Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems'; ``(3) The Administrator may revise or supplement the list of permitted monitoring systems set forth in paragraph (2) to reflect improvements or other developments in mercury emissions reduction technologies and mercury emissions monitoring systems. ``(e) Excess Emissions.--(1) Except as provided in subsection (f), the owner or operator of an affected unit that emits mercury in excess of the applicable annual average emission limitation under subsection (a) shall pay an excess emissions penalty determined under paragraph (2). ``(2) The excess emissions penalty for mercury shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the applicable annual average emission limitation under subsection (a). Such penalty shall be prorated for each fraction of a pound. ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner or operator of any affected unit fails to achieve the annual average emission limitation under subsection (a)(2), such owner or operator may notify the Administrator of such failure prior to March 1, 2015, and request an alternate emissions limitation for mercury with respect to such affected unit. Such owner or operator shall submit to the Administrator mercury emissions data measured by a CEMS that complies with subsection (d) for evaluation. If the Administrator determines that such owner or operator has properly installed and operated such CEMS and control technology designed to achieve such annual average emission limitation and is unable to meet such limitation, the Administrator may, not later than April 1, 2016, establish an alternate emissions limitation for mercury with respect to such affected unit based on the optimal performance of properly installed and operated control technology. ``(2) With respect to any affected unit, for any year for which an alternate emissions limitation for mercury is in place for such affected unit, the Administrator may review such alternate emissions limitation and impose a more stringent emissions limitation for mercury for the subsequent year based on new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit. ``(3)(A) Except as provided in subparagraph (B), an owner or operator of an affected unit failing to achieve the annual average emission limitation under subsection (a)(2) that notifies the Administrator of such failure and requests and alternate emissions limitation for mercury pursuant to paragraph (1) shall be considered in compliance with this section (and not subject to any excess emissions penalty) for the period beginning on January 1, 2015, and ending on the date such an alternate emissions limitation is implemented. ``(B) An owner or operator described in subparagraph (A) shall pay an excess emissions penalty, as determined under subsection (e)(2), for the period described in such subparagraph, if such owner or operator operates or maintains the affected unit, including any associated air pollution control equipment, in a manner that is inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Administrator. In determining whether the owner or operator of the affected unit operates and maintains the affected unit in a manner that is consistent with good air pollution control practices for the minimization of mercury emissions, the Administrator may review the emissions monitoring data and operating and maintenance procedures of the affected unit and may inspect the affected unit. ``(4)(A) With respect to any affected unit for which an alternate emissions limitation for mercury is in place under this subsection, the owner or operator of such affected unit that emits mercury in excess of such alternate emissions limitation shall pay an excess emissions penalty determined under subparagraph (B). ``(B) The excess emissions penalty for mercury for an owner or operator of an affected unit described in subparagraph (A) shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the alternate emissions limitation for mercury in place for such affected unit. Such penalty shall be prorated for each fraction of a pound. ``(g) Sole Limitation on Mercury.--This title shall apply the sole emission standard or limitation under this Act with regard to the emission of mercury from electric utility steam generating units and shall supersede any other such requirement under section 112 or any other provision of this Act. ``(h) Relationship to Other Law.--Except as otherwise specifically provided in this title, nothing in this title precludes a State or political subdivision of a State from adopting or enforcing any additional requirements for the control or abatement of mercury emissions, except that no State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the reduction or control of mercury emissions from electric utility steam generating units that is less stringent than the standards provided in this title.''.

Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units to reduce mercury emissions by the less stringent limitation of: (1) 80 capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014. And (2) 90 capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter. Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units. Establishes excess emissions penalties for mercury. Sets forth compliance provisions. Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation. (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations. And (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015. Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

To amend the Clean Air Act to require reductions in mercury emissions from electric utility steam generating units, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mercury Reduction and Energy Security Act of 2010". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: The Environmental Protection Agency ("EPA") was required by the terms of the Clean Air Act Amendments of 1990 and a 1998 consent agreement to determine whether regulation of mercury from electric utility steam generating units under section 112 of the Clean Air Act was appropriate and necessary. In a December 2000, regulatory finding, the EPA concluded that regulation of mercury from electric utility steam generating units was appropriate and necessary. In 2005, the EPA withdrew its 2000 regulatory finding in favor of a national cap-and-trade system for mercury emissions from electric utility steam generating units, the Clean Air Mercury Rule ("CAMR"). CAMR was subsequently challenged in petitions for review filed by 17 States. The United States Court of Appeals for the District of Columbia Circuit vacated the rule on February 8, 2008, finding that once the EPA had listed electric utility steam generating units as a source of hazardous air pollutants, it was required by law to proceed with Maximum Achievable Control Technology ("MACT") regulations under section 112 of the Clean Air Act unless it delisted the source category, under procedures set forth in section 112(c)(9). Mercury control technologies for coal-fired electric utility steam generating units have advanced rapidly in the last few years. Purpose. The purpose of this Act is to protect public health and welfare, and the environment, through mercury emission reductions from electric utility steam generating units. <SECTION-HEADER> MERCURY EMISSION REDUCTIONS. The Clean Air Act is amended by adding at the end the following new title: "TITLE VII MERCURY REDUCTIONS "Section 701. DEFINITIONS. "In this title: Affected unit. The term `affected unit' means a coal-fired electric steam generating unit that has a nameplate capacity greater than 25 megawatts. And generates electricity for sale. Cogeneration unit. The term `cogeneration unit' means a stationary, coal-fired boiler or a stationary, coal- fired combustion turbine having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy that produces during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity for a topping-cycle cogeneration unit useful thermal energy not less than 5 percent of total energy output. And useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input if useful thermal energy produced is 15 percent or more of total energy output. Or 45 percent of total energy input if useful thermal energy produced is less than 15 percent of total energy output. And for a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. Inlet mercury. The term `inlet mercury' means the quantity of mercury found in the as-fired coal used by an affected unit. Or for an affected unit using coal that is subjected to an advanced coal cleaning technology, in the as-mined coal used by the affected unit. "Section 702. MERCURY REDUCTION PROGRAM. Annual Limitation for Affected Units. Except as provided in subsection (f), an affected unit in operation before or after the date of enactment of this title shall be subject to the following emission limitations on an annual average calendar year basis with respect to mercury: Calendar years 2012 through 2014. For the period beginning on January 1, 2012, and ending on December 31, 2014, the less stringent limitation of the following : 80 percent capture of inlet mercury. An emission rate of 1.60 pounds of mercury per trillion British thermal units of input coal. Calendar year 2015 and thereafter. For calendar year 2015 and each calendar year thereafter, the less stringent limitation of the following : 90 percent capture of inlet mercury. An emission rate of 0.80 pounds of mercury per trillion British thermal units of input coal. Averaging Across Units Within a Facility or State. (1) An owner or operator of more than one affected unit at a single facility may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units at that facility, weighted by total input coal British thermal units. An owner or operator of more than one affected unit or units within a State may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units owned or operated by that owner or operator within such State, weighted by total input coal British thermal units, if all affected units are owned or operated by the same entity. If an affected unit is owned or operated by more than one entity, the State in which the affected unit is located shall allocate to each such owner or operator an appropriate portion of the generation from the affected unit for purposes of averaging emissions pursuant to paragraph (1) or (2). Reference Methods for Measuring Mercury Emissions. (1) The owner or operator of an affected unit shall use any of the following methods as a reference method to calibrate the instruments used to measure the mercury concentration in emissions from affected units: ASTM D6784-02, `Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources' . 40 C. F. R. Part 60, Appendix A-8, Method 29, `Determination of Metals Emissions from Stationary Sources'. 40 C. F. R. Part 60, Appendix A-8, Method 30A, `Determination of Total Vapor Phase Mercury Emissions from Stationary Sources '. 40 C. F. R. Part 60, Appendix A-8, Method 30B, `Determination of Total Vapor Phase Mercury Emissions from Coal-Fired Combustion Sources Using Carbon Sorbent Traps'. The Administrator may revise or supplement the list of permitted methods set forth in paragraph (1) to reflect improvements or other developments in the measurement of mercury emissions from coal- fired electric steam generating units. Monitoring System. (1) The owner or operator of an affected unit shall install and operate a continuous emissions monitoring system to measure the quantity of mercury that is emitted from each affected unit. For purposes of complying with paragraph (1), the owner or operator of an affected unit may use any CEMS that meets the requirements in Performance Specification 12A (PS-12A), `Specifications and Test Procedures for Total Vapor-Phase Mercury Continuous Monitoring Systems in Stationary Sources'. A mercury concentration CEMS that meets the requirements of 40 C. F. R. Part 75. Or a sorbent trap monitoring system that meets the requirements of 40 C. F. R. 75.15 and 40 C. F. R. Part 75, Appendix K, `Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems'. The Administrator may revise or supplement the list of permitted monitoring systems set forth in paragraph (2) to reflect improvements or other developments in mercury emissions reduction technologies and mercury emissions monitoring systems. Excess Emissions. (1) Except as provided in subsection (f), the owner or operator of an affected unit that emits mercury in excess of the applicable annual average emission limitation under subsection shall pay an excess emissions penalty determined under paragraph . The excess emissions penalty for mercury shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the applicable annual average emission limitation under subsection (a). Such penalty shall be prorated for each fraction of a pound. Best Practices. (1) Effective, January 1, 2015, if the owner or operator of any affected unit fails to achieve the annual average emission limitation under subsection (a)(2), such owner or operator may notify the Administrator of such failure prior to March 1, 2015, and request an alternate emissions limitation for mercury with respect to such affected unit. Such owner or operator shall submit to the Administrator mercury emissions data measured by a CEMS that complies with subsection (d) for evaluation. If the Administrator determines that such owner or operator has properly installed and operated such CEMS and control technology designed to achieve such annual average emission limitation and is unable to meet such limitation, the Administrator may, not later than April 1, 2016, establish an alternate emissions limitation for mercury with respect to such affected unit based on the optimal performance of properly installed and operated control technology. With respect to any affected unit, for any year for which an alternate emissions limitation for mercury is in place for such affected unit, the Administrator may review such alternate emissions limitation and impose a more stringent emissions limitation for mercury for the subsequent year based on new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit. (A) Except as provided in subparagraph (B), an owner or operator of an affected unit failing to achieve the annual average emission limitation under subsection (a)(2) that notifies the Administrator of such failure and requests and alternate emissions limitation for mercury pursuant to paragraph (1) shall be considered in compliance with this section for the period beginning on January 1, 2015, and ending on the date such an alternate emissions limitation is implemented. An owner or operator described in subparagraph (A) shall pay an excess emissions penalty, as determined under subsection (e)(2), for the period described in such subparagraph, if such owner or operator operates or maintains the affected unit, including any associated air pollution control equipment, in a manner that is inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Administrator. In determining whether the owner or operator of the affected unit operates and maintains the affected unit in a manner that is consistent with good air pollution control practices for the minimization of mercury emissions, the Administrator may review the emissions monitoring data and operating and maintenance procedures of the affected unit and may inspect the affected unit. (A) With respect to any affected unit for which an alternate emissions limitation for mercury is in place under this subsection, the owner or operator of such affected unit that emits mercury in excess of such alternate emissions limitation shall pay an excess emissions penalty determined under subparagraph (B). The excess emissions penalty for mercury for an owner or operator of an affected unit described in subparagraph (A) shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the alternate emissions limitation for mercury in place for such affected unit. Such penalty shall be prorated for each fraction of a pound. Sole Limitation on Mercury. This title shall apply the sole emission standard or limitation under this Act with regard to the emission of mercury from electric utility steam generating units and shall supersede any other such requirement under section 112 or any other provision of this Act. Relationship to Other Law. Except as otherwise specifically provided in this title, nothing in this title precludes a State or political subdivision of a State from adopting or enforcing any additional requirements for the control or abatement of mercury emissions, except that no State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the reduction or control of mercury emissions from electric utility steam generating units that is less stringent than the standards provided in this title.".

Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units to reduce mercury emissions by the less stringent limitation of: (1) 80 capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014. And (2) 90 capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter. Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units. Establishes excess emissions penalties for mercury. Sets forth compliance provisions. Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation. (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations. And (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015. Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

To amend the Clean Air Act to require reductions in mercury emissions from electric utility steam generating units, and for other purposes.

114_hr2860

SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled ``An Act to provide for the organization of the militia of the District of Columbia'', approved March 1, 1889 (sec. 49--101 et seq., D.C. Official Code) is amended by adding at the end the following new title: ``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM ``SEC. 201. SHORT TITLE; FINDINGS. ``(a) Short Title.--This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. ``(b) Findings.--Congress makes the following findings: ``(1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. ``(2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. ``(3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. ``(4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. ``(5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. ``(6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. ``(7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. ``(8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. ``(9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. ``(a) Educational Assistance Program Authorized.--The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. ``(b) Eligibility.-- ``(1) Criteria.--A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: ``(A) The member has satisfactorily completed required initial active duty service. ``(B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. ``(C) The member is not receiving a Reserve Officer Training Corps scholarship. ``(2) Maintenance of eligibility.--To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must-- ``(A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); ``(B) be enrolled on a full-time or part-time basis (seeking to earn at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and ``(C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. ``(a) Permitted Use of Funds.--Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover-- ``(1) tuition and fees charged by an approved institution of higher education involved; ``(2) the cost of books; and ``(3) laboratory expenses. ``(b) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. ``(c) Relation to Other Assistance.--Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. ``(d) Repayment.--A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. ``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. ``(a) Administration.--The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. ``(b) Funding Sources and Gifts.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Transfer of funds.--The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. ``(3) Donations.--The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. ``SEC. 205. DEFINITION. ``In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- ``(1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. ``SEC. 206. EFFECTIVE DATE. ``Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2015.''.

Amends the District of Columbia Code to add the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance for a first undergraduate, masters, vocational, or technical degree or certification to a member of the District of Columbia National Guard who: has satisfactorily completed initial active duty service, agrees to serve for at least six years, and is not receiving a Reserve Officer Training Corps scholarship.

To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

<SECTION-HEADER> DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled "An Act to provide for the organization of the militia of the District of Columbia", approved March 1, 1889 is amended by adding at the end the following new title: "TITLE II EDUCATIONAL ASSISTANCE PROGRAM "Section 201. SHORT TITLE. FINDINGS. Short Title. This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. Findings. Congress makes the following findings: The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. "Section 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. Educational Assistance Program Authorized. The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. Eligibility. Criteria. A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: The member has satisfactorily completed required initial active duty service. The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. The member is not receiving a Reserve Officer Training Corps scholarship. Maintenance of eligibility. To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard. Be enrolled on a full-time or part-time basis in an approved institution of higher education. And maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 USC. 1091(c)). "Section 203. TREATMENT OF ASSISTANCE PROVIDED. Permitted Use of Funds. Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover tuition and fees charged by an approved institution of higher education involved, the cost of books. And laboratory expenses. Amount of Assistance. The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. Relation to Other Assistance. Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. Repayment. A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. "Section 204. ADMINISTRATION AND FUNDING OF PROGRAM. Administration. The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. Funding Sources and Gifts. Authorization of appropriations. There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. Transfer of funds. The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. Donations. The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. "Section 205. DEFINITION. "In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 that is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965. And has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. "Section 206. EFFECTIVE DATE. "Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2015.".

Amends the District of Columbia Code to add the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance for a first undergraduate, masters, vocational, or technical degree or certification to a member of the District of Columbia National Guard who: has satisfactorily completed initial active duty service, agrees to serve for at least six years, and is not receiving a Reserve Officer Training Corps scholarship.

To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.