Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vote By Mail Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An inequity of voting rights exists in the United
        States because voters in some States have the universal right
        to vote by mail while voters in other States do not.
            (2) Many voters often have work, family, or other
        commitments that make getting to polls and waiting in line on
        the date of an election difficult or impossible. Many citizens
        with disabilities are physically unable to vote due to long
        lines, inadequate parking, no curb cuts, steep ramps, and large
        crowds. In 2012, 30 percent of voters with disabilities had
        difficulty voting, and more than 5,000,000 voters waited more
        than an hour to vote. Under current State laws, many of these
        voters are not permitted to vote by mail.
            (3) Twenty-eight States currently allow universal absentee
        voting (also known as ``no-excuse'' absentee voting), which
        permits any voter to request a mail-in ballot without providing
        a reason for the request. No State which has implemented no-
        excuse absentee voting has repealed it.
            (4) Three States currently hold elections entirely by mail.
        Twenty-two States currently allow some elections to be
        conducted by mail, especially in large and rural jurisdictions
        where voting by mail is especially convenient. Polling stations
        in rural jurisdictions tend to have higher costs per voter,
        smaller staffs, and limited resources. Transportation is often
        a crucial barrier for rural voters.
            (5) Voting by mail gives voters more time to consider their
        choices, which is especially important as many ballots contain
        greater numbers of questions about complex issues than in the
        past due to the expanded use of the initiative and referendum
        process in many States.
            (6) Voting by mail is cost effective. After the State of
        Oregon adopted vote by mail for all voters in 1996, the cost to
        administer an election in the State dropped by nearly 30
        percent over the next few elections, from $3.07 per voter to
        $2.21 per voter. After Colorado implemented all-mail balloting
        in 2013, voting administration costs decreased by an average of
        40 percent. The cost of conducting vote-by-mail elections is
        generally one-third to one-half less than conducting polling
        place elections. Voting by mail also saves a substantial amount
        by getting rid of the temporary labor costs of hiring poll
        workers. In addition to that cost, many jurisdictions have been
        facing difficulty in obtaining sufficient numbers of poll
        workers.
            (7) Allowing all voters the option to vote by mail can
        reduce waiting times for those voters who choose to vote at the
        polls. In 2016, voters in Arizona reported waiting in line from
        1 to 5 hours to vote; in New York, voters reported that
        stations ran out of ballots and did not have staff during all
        of the hours scheduled for voting.
            (8) Voting by mail is preferable to many voters as an
        alternative to going to the polls. In 2012, 19 percent of
        ballots in the United States were cast by mail, up from 10
        percent in 2000. Voting by mail has become increasingly popular
        with voters who want to be certain that they are able to vote
        no matter what comes up on election day, as it reduces the
        physical obstacles and eases the time constraints connected
        with the act of voting.
            (9) The signature verification process, the tracking system
        for each ballot, and postal service cooperation in preventing
        ballots from being delivered to names not recognized as
        receiving mail at an address nearly eliminate the potential for
        fraud in vote-by-mail elections. Evidence of undue influence or
        voter coercion after vote-by-mail implementation in Oregon has
        been nonexistent to minimal.
            (10) Many of the reasons which voters in many States are
        required to provide in order to vote by mail require the
        revelation of personal information about health, travel plans,
        or religious activities, which violate voters' privacy while
        doing nothing to prevent voter fraud.
            (11) State laws which require voters to obtain a notary
        signature to vote by mail only add cost and inconvenience to
        voters without increasing security.
            (12) Many voters choose to cast ballots early when they
        have the option (over 40 percent in Nevada, New Mexico, Texas,
        and Tennessee). Nearly one-third of voters in the 2012 election
        cast their ballot before election day, which is about double
        the rate of voters in 2000. In Oregon, 7 years after vote-by-
        mail election implementation, over 80 percent of voters favored
        the vote-by-mail system.
            (13) Voting by mail typically increases turnout in all
        elections, but can be particularly effective in increasing
        voter participation in special elections and primary elections.
        Oregon and Washington, the 2 States with the longest standing
        vote-by-mail systems, continue to have consistently high voter
        turnout rates. In the 2012 primary elections, while the
        national average turnout was 18 percent, Oregon's was 45
        percent and Washington's was 38 percent.
            (14) A crucial component of a modern voting system is
        making it easy, affordable, and accessible to register to vote.
        Eighteen States and the District of Columbia introduced
        automatic voter registration legislation in 2015, and Oregon
        and California now automatically register their citizens to
        vote when they apply for a driver's license. Automatic,
        permanent voter registration has the potential to increase
        participation, protect election integrity, and reduce
        registration costs.

SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL
              ELECTIONS.

    (a) Voting by Mail in Federal Elections.--
            (1) In general.--Subtitle A of title III of the Help
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
        by inserting after section 303 the following new section:

``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

    ``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except to the
extent that the State imposes a deadline for returning the ballot to
the appropriate State or local election official.
    ``(b) Provision of Ballot Materials.--Not later than 2 weeks before
the date of any election for Federal office, each State shall mail
ballots to individuals who are registered to vote in such election.
    ``(c) Accessibility for Individuals With Disabilities.--All ballots
provided under this section shall be accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including for privacy and independence) as for other
voters.
    ``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
    ``(e) Effective Date.--A State shall be required to comply with the
requirements of subsection (a) with respect to elections for Federal
office held in years beginning with 2018.''.
            (2) Conforming amendment relating to enforcement.--Section
        401 of such Act (52 U.S.C. 21111) is amended by striking ``and
        303'' and inserting ``303, and 303A''.
            (3) Clerical amendment.--The table of contents for such Act
        is amended by inserting after the item relating to section 303
        the following new item:

``Sec. 303A. Promoting ability of voters to vote by mail.''.
    (b) Free Postage for Voting by Mail.--
            (1) In general.--Chapter 34 of title 39, United States
        Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
    ``Ballots mailed pursuant to section 303A(b) of the Help America
Vote Act of 2002 (individually or in bulk) shall be carried
expeditiously and free of postage.''.
            (2) Technical and conforming amendments.--
                    (A) Table of sections.--The table of sections for
                chapter 34 of title 39, United States Code, is amended
                by adding at the end the following:

``3407. Ballots provided for voting in Federal elections.''.
                    (B) Authorization of appropriations.--Section
                2401(c) of title 39, United States Code, is amended by
                striking ``3403 through 3406'' and inserting ``3403
                through 3407''.

SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE
              AUTHORITIES.

    (a) Automatic Voter Registration.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended to read as
follows:

``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.

    ``(a) Simultaneous Application for Voter Registration and
Application for Motor Vehicle Driver's License.--
            ``(1) Transmission of information to election officials.--
        Each State's motor vehicle authority, upon receiving any of the
        identifying information described in paragraph (2) with respect
        to any applicable individual, shall securely transmit the
        identifying information to the appropriate State election
        official.
            ``(2) Identifying information described.--The identifying
        information described in this paragraph with respect to any
        individual is as follows:
                    ``(A) The individual's legal name.
                    ``(B) The individual's age.
                    ``(C) The individual's residence.
                    ``(D) The individual's citizenship status.
                    ``(E) The individual's electronic signature.
    ``(b) Duties of Officials Receiving Information.--
            ``(1) In general.--Upon receiving the identifying
        information with respect to an applicable individual under
        subsection (a), the appropriate State election official shall
        determine--
                    ``(A) whether such individual is eligible to vote
                in an election for Federal office; and
                    ``(B) whether such individual is currently
                registered to vote in elections for Federal office at
                the address provided in such identifying information.
            ``(2) Notification to individuals.--
                    ``(A) Eligible unregistered individuals.--In the
                case of an applicable individual who is eligible to
                vote in an election for Federal office and who is not
                currently registered to vote, the appropriate State
                election official shall issue a notification to the
                individual containing--
                            ``(i) a statement that, unless the
                        individual notifies the election official prior
                        to the expiration of the 21-calendar-day period
                        which begins on the date the official issued
                        the notification that the individual declines
                        to be registered to vote in elections for
                        Federal office held in the State, the
                        individual's records and signature will
                        constitute a completed registration for the
                        individual; and
                            ``(ii) a description of the process by
                        which the individual may decline to be
                        registered to vote in elections for Federal
                        office in the State.
                    ``(B) Eligible individuals registered at a
                different address.--In the case of an applicable
                individual who is eligible to vote in an election for
                Federal office and who is registered to vote in such
                election at a different address than the address
                provided in the identifying information, the
                appropriate State election official shall issue a
                notification to the individual containing--
                            ``(i) a statement that, unless the
                        individual notifies the election official prior
                        to the expiration of the 21-calendar-day period
                        which begins on the date the official issued
                        the notification that the address provided in
                        the identifying information should not be used
                        for voter registration purposes, the address
                        provided in the identifying information shall
                        be used as the individual's address for voter
                        registration purposes; and
                            ``(ii) a description of the process by
                        which the individual may decline a change of
                        address for voter registration purposes.
    ``(c) Automatic Registration of Eligible Individuals; Automatic
Change of Address.--
            ``(1) Registration.--Upon the expiration of the 21-
        calendar-day period which begins on the date the appropriate
        State election official issues a notification to an individual
        under subsection (b)(2)(A), the official shall ensure that the
        individual is registered to vote in elections for Federal
        office held in the State unless--
                    ``(A) the official later determines that the
                individual does not meet the eligibility requirements
                for registering to vote in such elections; or
                    ``(B) prior to the expiration of such 21-calendar-
                day period, the individual notifies the official that
                the individual declines to be registered to vote in
                such elections.
            ``(2) Change of address.--Upon the expiration of the 21-
        calendar-day period which begins on the date the appropriate
        State election official issues a notification to an individual
        under subsection (b)(2)(B), the official shall ensure that the
        individual is registered to vote in elections for Federal
        office at the address provided in the identifying information
        unless--
                    ``(A) the official later determines that the
                individual does not meet the eligibility requirements
                for registering to vote in such elections; or
                    ``(B) prior to the expiration of such 21-calendar-
                day period, the individual notifies the official that
                the individual declines a change of address for voter
                registration purposes.
    ``(d) Applicable Individual.--For purposes of this section, the
term `applicable individual' means any individual who seeks assistance
from, receives benefits from, or receives service or assistance from a
State motor vehicle authority that issues motor vehicle driver's
licenses.''.
    (b) Conforming Amendment Relating to Timing of Registration Prior
to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C.
20507(a)(1)(A)) is amended to read as follows:
                    ``(A) in the case of registration through a motor
                vehicle authority under section 5, if the identifying
                information with respect to the individual is
                transmitted by the authority to the appropriate State
                election official under section 5(a)(1) not later than
                the lesser of 30 days, or the period provided by State
                law, before the date of the election;''.
    (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52
U.S.C. 20503(a)(1)) is amended to read as follows:
            ``(1) through the State motor vehicle authority pursuant to
        section 5;''.
    (d) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act.

Output: Vote by Mail Act of 2017 This bill amends the Help America Vote Act of 2002 to require states to allow voting in federal elections to be by mail without additional conditions or requirements, except a deadline for returning the ballot. States must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election. The U.S. Postal Service must carry ballots mailed by a state expeditiously and free of postage. The National Voter Registration Act of 1993 is amended to authorize automatic voter registration of individuals through state motor vehicle authorities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Control of Broadcast Towers
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The placement, construction, and modification of
        broadcast transmission facilities near residential communities
        and facilities such as schools can greatly reduce the value of
        residential properties, destroy the views from properties,
        produce radio frequency interference, raise concerns about
        potential long-term health effects of such facilities, and
        reduce substantially the desire to live in the areas of such
        facilities.
            (2) States and local governments have traditionally
        regulated development and should be able to exercise control
        over the placement, construction, and modification of broadcast
        transmission facilities through the use of zoning and other
        land use regulations relating to the protection of the
        environment, public health and safety, and the general welfare
        of the community and the public.
            (3) The Federal Communications Commission establishes
        policies to govern interstate and international communications
        by television, radio, wire, satellite, and cable. The
        Commission ensures compliance of such activities with
        applicable Federal laws, including the National Environmental
        Policy Act of 1969 and the National Historic Preservation Act,
        in its decision-making on such activities.
            (4) The Commission defers to State and local authorities
        which regulate the placement, construction, and modification of
        broadcast transmission facilities through the use of zoning,
        construction and building, and environmental and safety
        regulations in order to protect the environment and the health,
        safety, and general welfare of communities and the public.
            (5) On August 19, 1997, the Commission issued a proposed
        rule, MM Docket No. 97-182, which would preempt the application
        of most State and local zoning, environmental, construction and
        building, and other regulations affecting the placement,
        construction, and modification of broadcast transmission
        facilities.
            (6) The telecommunications industry and its experts should
        be expected to have access to the best and most recent
        technical information and should therefore be held to the
        highest standards in terms of their representations,
        assertions, and promises to governmental authorities.
    (b) Purpose.--The purpose of this Act is to confirm that State and
local governments are the appropriate entities--
            (1) to regulate the placement, construction, and
        modification of broadcast transmission facilities consistent
        with State and local zoning, construction and building,
        environmental, and land use regulations;
            (2) to regulate the placement, construction, and
        modification of broadcast transmission facilities so that their
        placement, construction, or modification will not interfere
        with the safe and efficient use of public airspace or otherwise
        compromise or endanger the health, safety, and general welfare
        of the public; and
            (3) to hold accountable applicants for permits for the
        placement, construction, or modification of broadcast
        transmission facilities, and providers of services using such
        facilities, for the truthfulness and accuracy of
        representations and statements placed in the record of hearings
        for such permits, licenses, or approvals.

SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE
              AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION
              FACILITIES.

    Notwithstanding any other provision of law, the Federal
Communications Commission shall not adopt as a final rule or otherwise
directly or indirectly implement any portion of the proposed rule set
forth in ``Preemption of State and Local Zoning and Land Use
Restrictions on Siting, Placement and Construction of Broadcast Station
Transmission Facilities'', MM Docket No. 97-182, released August 19,
1997.

SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF
              BROADCAST TRANSMISSION FACILITIES.

    Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following:

``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
              MODIFICATION OF BROADCAST TRANSMISSION FACILITIES.

    ``(a) Authority To Require Least Intrusive Facilities.--
            ``(1) In general.--A State or local government may deny an
        application to place, construct, or modify broadcast
        transmission facilities on the basis that alternative
        technologies, delivery systems, or structures are capable of
        delivering broadcast signals comparable to that proposed to be
        delivered by such facilities in a manner that is less intrusive
        to the community concerned than such facilities.
            ``(2) Considerations.--In determining under paragraph (1)
        the intrusiveness of technologies, delivery systems, or
        structures for the transmission of broadcast signals, a State
        or local government may  consider the aesthetics of such
technologies, systems, or structures, the environmental impact of such
technologies, systems, or structures, and the radio frequency
interference or radiation emitted by such technologies, systems, or
structures.
            ``(3) Burden of proof.--In any hearing for purposes of the
        exercise of the authority in paragraph (1), the burden shall be
        on the applicant.
    ``(b) Radio Interference.--A State or local government may regulate
the location, height, or modification of broadcast transmission
facilities in order to address the effects of radio frequency
interference caused by such facilities on local communities and the
public.
    ``(c) Authority To Require Studies and Documentation.--No provision
of this Act may be interpreted to prohibit a State or local government
from--
            ``(1) requiring a person seeking authority to place,
        construct, or modify broadcast transmission facilities to
        produce--
                    ``(A) environmental, biological, and health
                studies, engineering reports, or other documentation of
                the compliance of such facilities with radio frequency
                exposure limits, radio frequency interference impacts,
                and compliance with applicable laws, rules, and
                regulations governing the effects of such facilities on
                the environment, public health and safety, and the
                general welfare of the community and the public; and
                    ``(B) documentation of the compliance of such
                facilities with applicable Federal, State, and local
                aviation safety standards or aviation obstruction
                standards regarding objects effecting navigable
                airspace; or
            ``(2) refusing to grant authority to such person to place,
        construct, or modify such facilities within the jurisdiction of
        such government if such person fails to produce studies,
        reports, or documentation required under paragraph (1).
    ``(d) Construction.--Nothing in this section may be construed to
prohibit or otherwise limit the authority of a State or local
government to ensure compliance with or otherwise enforce any
statements, assertions, or representations filed or submitted by or on
behalf of an applicant with the State or local government for authority
to place, construct, or modify broadcast transmission facilities within
the jurisdiction of the State or local government.
    ``(e) Broadcast Transmission Facility Defined.--In this section,
the term `broadcast transmission facility' means the equipment, or any
portion thereof, with which a broadcaster transmits and receives the
radiofrequency waves that carry the services of the broadcaster,
regardless of whether the equipment is sited on one or more towers or
other structures owned by a person or entity other than the
broadcaster, and includes the location of such equipment.''.

Output: Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandates Information Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Before acting on proposed private sector mandates, the
        Congress should carefully consider the effects on consumers,
        workers, and small businesses.
            (2) The Congress has often acted without adequate
        information concerning the costs of private sector mandates,
        instead focusing only on the benefits.
            (3) The costs of private sector mandates are often borne in
        part by consumers, in the form of higher prices and reduced
        availability of goods and services.
            (4) The costs of private sector mandates are often borne in
        part by workers, in the form of lower wages, reduced benefits,
        and fewer job opportunities.
            (5) The costs of private sector mandates are often borne in
        part by small businesses, in the form of hiring disincentives
        and stunted growth.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To improve the quality of the Congress' deliberation
        with respect to proposed mandates on the private sector, by--
                    (A) providing the Congress with more complete
                information about the effects of such mandates; and
                    (B) ensuring that the Congress acts on such
                mandates only after focused deliberation on the
                effects.
            (2) To enhance the ability of the Congress to distinguish
        between private sector mandates that harm consumers, workers,
        and small businesses, and mandates that help those groups.

SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.

    (a) In General.--
            (1) Estimates.--Section 424(b)(2) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended--
                    (A) in subparagraph (A) by striking ``and'' after
                the semicolon; and
                    (B) by redesignating subparagraph (B) as
                subparagraph (C), and inserting after subparagraph (A)
                the following:
                    ``(B) when applicable, the impact (including any
                disproportionate impact in particular regions or
                industries) on consumers, workers, and small
                businesses, of the Federal private sector mandates in
                the bill or joint resolution, including--
                            ``(i) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on consumer prices and on the
                        actual supply of goods and services in consumer
                        markets;
                            ``(ii) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on worker wages, worker
                        benefits, and employment opportunities; and
                            ``(iii) an analysis of the effect of the
                        Federal private sector mandates in the bill or
                        joint resolution on the hiring practices,
                        expansion, and profitability of businesses with
                        100 or fewer employees; and''.
            (2) Point of order.--Section 424(b)(3) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
        after the period the following: ``If such determination is made
        by the Director, a point of order under this part shall lie
        only under section 425(a)(1) and as if the requirement of
        section 425(a)(1) had not been met.''.
            (3) Threshold amounts.--Section 425(a) of the Congressional
        Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by--
                    (A) striking ``and'' after the semicolon at the end
                of paragraph (1) and redesignating paragraph (2) as
                paragraph (3); and
                    (B) inserting after paragraph (1) the following new
                paragraph:
            ``(2) any bill, joint resolution, amendment, motion, or
        conference report that would increase the direct costs of
        Federal private sector mandates (excluding any direct costs
        that are attributable to revenue resulting from tax or tariff
        provisions of any such measure if it does not raise net tax and
        tariff revenues over the 5-fiscal-year period beginning with
        the first fiscal year such measure affects such revenues) by an
        amount that causes the thresholds specified in section
        424(b)(1) to be exceeded; and''.
            (4) Application relating to appropriations committees.--(A)
        Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2
        U.S.C. 658d(c)(1)(A)) is amended by striking ``except''.
            (B) Section 425(c)(1)(B) of the Congressional Budget Act of
        1974 (2 U.S.C. 658d(c)(1)(B)) is amended--
                    (i) in clause (i) by striking
                ``intergovernmental'';
                    (ii) in clause (ii) by striking
                ``intergovernmental'';
                    (iii) in clause (iii) by striking
                ``intergovernmental''; and
                    (iv) in clause (iv) by striking
                ``intergovernmental''.
            (5) Threshold burden.--(A) Section 426(b)(2) of the
        Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is
        amended by inserting ``legislative'' before ``language''.
            (B) Section 426(b)(2) of the Congressional Budget Act of
        1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425
        or subsection (a) of this section'' and inserting ``part B''.
            (6) Question of consideration.--(A) Section 426(b)(3) of
        the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is
        amended by striking ``section 425 or subsection (a) of this
        section'' and inserting ``part B''.
            (B) Section 426(b)(3) of the Congressional Budget Act of
        1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except
        that not more than one point of order shall be recognized by
        the Chair under section 425(a)(1) or (a)(2)'' before the
        period.
            (7) Application relating to congressional budget office.--
        Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
        658f) is amended by striking ``intergovernmental''.
    (b) Rules of the House of Representatives.--Clause 5(c) of rule
XXIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424 (a)(1) or (b)(1)''.
    (c) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and the House of Representatives, respectively, and as such it
        shall be considered as part of the rules of such House,
        respectively, and shall supersede other rules only to the
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of
        either House to change such rules (so far as relating to such
        House) at any time, in the same manner, and to the same extent
        as in the case of any other rule of each House.
    (d) Annual CBO Reports.--Within 90 calendar days after the end of
each fiscal year, the Director of the Congressional Budget Office shall
transmit a report to each House of Congress of the economic impact of
the amendments made by this Act to the Congressional Budget Act of 1974
on employment and businesses in the United States.

SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.

    Section 421(5)(B) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended--
            (1) by striking ``the provision'' after ``if'';
            (2) in clause (i)(I) by inserting ``the provision'' before
        ``would'';
            (3) in clause (i)(II) by inserting ``the provision'' before
        ``would''; and
            (4) in clause (ii)--
                    (A) by inserting ``that legislation, statute, or
                regulation does not provide'' before ``the State''; and
                    (B) by striking ``lack'' and inserting ``new or
                expanded''.

            Passed the House of Representatives May 19, 1998.

            Attest:

                                                                 Clerk.

Output:
Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries.
Revises provisions concerning legislation subject to a point of order to:  (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees.  Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded.
Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment.
Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses.
Redefines "Federal intergovernmental mandate" to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Elections Act of 2010''.

SEC. 2. FOREIGN NATIONALS PROHIBITED FROM MAKING CONTRIBUTIONS,
              DONATIONS, OR EXPENDITURES IN CONNECTION WITH A FEDERAL,
              STATE, OR LOCAL ELECTION.

    Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``or'' at the
                end;
                    (B) in paragraph (2), by striking the period at the
                end and inserting ``; or''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(3) any corporation (other than a foreign principal
        described in paragraph (1)) under foreign control or
        substantial foreign influence, including a corporation in
        which--
                    ``(A) a foreign principal or an individual
                described in paragraph (2)--
                            ``(i) provided the corporation a majority
                        of its gross receipts for the immediately
                        preceding fiscal year, or the current pro-rated
                        fiscal year if the corporation was established
                        during the current fiscal year;
                            ``(ii) controls 20 percent or more of the
                        voting shares of the corporation;
                            ``(iii) controls a majority of the Board of
                        Directors of the corporation; or
                            ``(iv) has the power to direct, dictate,
                        control, or directly or indirectly participate
                        in the decisionmaking process of the
                        corporation with respect to activities in
                        connection with a Federal, State, or local
                        election, such as a decision concerning--
                                    ``(I) the making of a contribution,
                                donation, expenditure, or disbursement
                                in connection with such an election; or
                                    ``(II) the administration of a
                                political committee; or
                    ``(B) 2 or more foreign principals or individuals
                described in paragraph (2), in the aggregate--
                            ``(i) provided the corporation a majority
                        of its gross receipts for the immediately
                        preceding fiscal year, or the current pro-rated
                        fiscal year if the corporation was established
                        during the current fiscal year;
                            ``(ii) control 25 percent or more of the
                        voting shares of the corporation; or
                            ``(iii) control a majority of the Board of
                        Directors of the corporation.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Certification of Compliance.--A corporation shall, prior to
carrying out any activity described in subsection (a), certify (in a
form and manner specified by the Commission) that the corporation is in
compliance with this section.''.

SEC. 3. DISCLOSURE OF INFLUENCE OF FOREIGN NATIONALS IN CONNECTION WITH
              A FEDERAL, STATE, OR LOCAL ELECTION.

    Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``shall clearly state the name''
                and inserting ``shall clearly state--
                    ``(A) the name'';
                    (B) in subparagraph (A), as added by subparagraph
                (A), by striking the period at the end and inserting
                ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(B) if the person who paid for the communication
                is a corporation, the percentage of voting shares of
                the corporation that are controlled by a foreign
                national (as defined in section 319(b)) or, if no such
                shares exist, the percentage of gross receipts that the
                corporation received from a foreign national (as so
                defined) in the immediately preceding fiscal year, or
                the current pro-rated fiscal year if the corporation
                was established during the current fiscal year.''; and
            (2) in subsection (d)(2)--
                    (A) by striking ``others.--Any communication'' and
                inserting ``others.--
                    ``(A) In general.--Any communication''; and
                    (B) by adding at the end the following new
                subparagraph:
                    ``(B) Supplemental audio statements by
                corporations.--
                            ``(i) Corporations with voting stock.--If
                        the person who paid for a communication
                        described in paragraph (3) of subsection (a) is
                        a corporation that has voting stock, such
                        communication shall include, in addition to the
                        requirements of that paragraph and the audio
                        statement required under subparagraph (A), in a
                        clearly spoken manner, the following audio
                        statement: `` _______ of our corporation is
                        controlled by foreign nationals.'' (With the
                        blank to be filled in with the percentage of
                        voting shares of the corporation that is owned
                        by foreign nationals, as defined in section
                        319(b)).
                            ``(ii) Corporations without voting stock.--
                        If the person who paid for a communication
                        described in paragraph (3) of subsection (a) is
                        a corporation that does not have voting stock,
                        such communication shall include, in addition
                        to the requirements of that paragraph and the
                        audio statement required under subparagraph
                        (A), in a clearly spoken manner, the following
                        audio statement: `` _______ of our
                        organization's funds come from foreign
                        nationals.'' (With the blank to be filled in
                        with the percentage of gross receipts for the
                        immediately preceding fiscal year, or the
                        current pro-rated fiscal year if the
                        corporation was established the current fiscal
                        year, that the corporation received from a
                        foreign national, as defined in section
                        319(b)).
                            ``(iii) Transmission through television.--
                        The second sentence of subparagraph (A) shall
                        apply to a supplemental audio statement under
                        this paragraph in the same manner as such
                        sentence applies to an audio statement under
                        such subparagraph.''.

SEC. 4. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.

SEC. 5. EFFECTIVE DATE.

    The provisions of and amendments made by this Act shall apply with
respect to contributions and expenditures made on or after the date
that is 45 days after the date of enactment of this Act.

Output:
American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to: (1) apply to any domestic corporation under foreign control or specified substantial foreign influence the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election; and (2) require disclosure in certain print or broadcast communications paid for by a coporation the percentage of corporate voting shares controlled by a foreign national, or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national in the immediately preceding fiscal year or current pro-rated fiscal year.

Requires any such broadcast communications paid for by a corporation to include an audio statement on the percentage of the corporation's shares controlled by, or of its funds that come from, foreign nationals.


Input:
SECTION 1. FINDINGS.

    Congress finds as follows:
            (1) There is a lack of transparency and consistency
        concerning inspections by the Food and Drug Administration of
        medical device establishments around the world, which leads to
        inefficiencies and inconsistencies and undermines confidence in
        United States standards.
            (2) Inspections by the Food and Drug Administration of
        foreign device establishments are often conducted more
        efficiently than inspections of domestic device establishments.
            (3) The frequency and nature of inspections of device
        establishments are not consistently risk-based, and a
        comprehensive, transparent, risk-based approach to inspections
        would result in greater focus on the more significant risks to
        public health while reducing the burdens on establishments with
        a strong track record of compliance.
            (4) There is a lack of transparency and consistency among
        United States-based regional inspection offices with respect to
        the frequency of inspections of device establishments and the
        activities and concerns that trigger for-cause inspections of
        such establishments.
            (5) Greater transparency concerning the timing and nature
        of routine inspections of device establishments would improve
        the quality and efficiency of the inspection process.
            (6) Enhancing communications before, during, and after
        inspections in which deficiencies are identified, would assist
        the Secretary of Health and Human Services and the device
        industry in maintaining the safety and effectiveness of
        devices.
            (7) Guidance for device establishments is necessary to
        provide transparency and consistency concerning inspection-
        related communications.
            (8) Enhanced training opportunities for device
        establishment investigators would improve the consistency and
        efficiency of the device inspection process.
            (9) There is a lack of transparency in the export
        certification process with respect to device establishments for
        which FDA Form 483 has been used to document issues noticed
        during an inspection conducted pursuant to section 704 of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) or
        establishments that have received Warning Letters in connection
        with such an inspection, and between domestic and foreign
        establishments, resulting in devices that are lawfully marketed
        for United States patients being denied certification for
        marketing in other countries.
            (10) Device establishments that have attempted to address
        deficiencies identified by inspections carried out by the Food
        and Drug Administration lack sufficient opportunities to
        confirm that such corrective actions are appropriate.

SEC. 2. RISK-BASED INSPECTIONS FOR DEVICES.

    Paragraph (2) of section 510(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(h)) is amended to read as follows:
            ``(2) Risk-based schedule for devices.--
                    ``(A) In general.--The Secretary, acting through
                one or more officers or employees duly designated by
                the Secretary, shall inspect establishments described
                in paragraph (1) that are engaged in the manufacture,
                propagation, compounding, or processing of a device or
                devices (referred to in this subsection as `device
                establishments') in accordance with one risk-based
                inspection schedule established by the Secretary,
                applied consistently across regional offices.
                    ``(B) Factors and considerations.--In establishing
                the risk-based schedule under subparagraph (A), the
                Secretary shall--
                            ``(i) apply, to the extent applicable for
                        device establishments, the factors identified
                        in paragraph (4); and
                            ``(ii) consider the participation of the
                        device establishment, as applicable, in
                        international device audit programs in which
                        the United States participates or the United
                        States recognizes for purposes of
                        inspecting.''.

SEC. 3. IMPROVEMENTS TO INSPECTIONS PROCESS FOR DEVICE ESTABLISHMENTS.

    Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
374) is amended by adding at the end the following:
    ``(h)(1) The Secretary shall adopt a uniform process and uniform
standards applicable to inspections of domestic and foreign device
establishments. Such process shall include--
            ``(A) notifying the owner, operator, or agent in charge of
        the establishment of the type and nature of the inspection;
            ``(B) announcing the inspection the establishment within a
        reasonable time before such inspection;
            ``(C) in the case of inspections other than for-cause
        inspections, providing a reasonable estimate of the timeframe
        for the inspection, an opportunity for advance communications
        between the officers or employees carrying out the inspection
        under subsection (a)(1) and the owner, operator, or agent in
        charge of the establishment concerning appropriate working
        hours during the inspection, and, to the extent feasible,
        advance notice of records that will be requested in order to
        expedite the inspection; and
            ``(D) daily communications with the owner, operator, or
        agent in charge of the establishment regarding inspection
        status, which may be recorded by either party with advance
        notice.
    ``(2) In the case of device establishments that have received a
report pursuant to subsection (b), and for which the owner, operator,
or agent in charge of such establishment submits a timely response to
such report that includes a request for feedback to the actions
proposed in such response, the Secretary shall provide nonbinding
feedback regarding such proposed actions within 45 days of receipt of
such request.
    ``(3) Nothing in this subsection limits the authority of the
Secretary to conduct inspections otherwise permitted under this Act in
order to ensure compliance with this Act.
    ``(4)(A) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall issue draft guidance that--
            ``(i) specifies how the Food and Drug Administration will
        implement the process described in paragraph (1) and the
        requirements described in paragraph (2);
            ``(ii) provides for standardized templates for
        communications described in such paragraphs;
            ``(iii) establishes a standard timeframe over consecutive
        days that is applicable to both domestic and foreign
        inspections, to which each inspector shall adhere unless an
        investigator can identify to the establishment a reason that
        more time is needed; and
            ``(iv) identifies practices for investigators and device
        establishments to facilitate the continuity of inspections.
    ``(B) Not later than 18 months after the date of enactment of this
subsection, after notice and opportunity for public comment on the
draft guidance described in subparagraph (A), the Secretary shall issue
final guidance consistent with this subsection.''.

SEC. 4. CERTIFICATES TO FOREIGN GOVERNMENTS FOR DEVICES.

    Subsection (e)(4) of section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(e)(4)) is amended--
            (1) by adding at the end the following:
    ``(E)(i) If the Secretary denies a request for certification with
respect to a device pursuant to subparagraph (A)(ii), the Secretary
shall provide in writing to the person seeking such certification the
basis for such denial, and specifically identify the finding upon which
such denial is based.
    ``(ii) If the denial of a request as described in clause (i) is
based on grounds other than an injunction proceeding pursuant to
section 302, seizure action pursuant to section 304, or a recall
designated Class I or Class II pursuant to part 7, title 21, Code of
Federal Regulations, the Secretary shall provide a substantive summary
of the specific deficiencies identified.
    ``(iii) With respect to a device manufactured in an establishment
that has received a report under section 704(b), the Secretary shall
not deny a request for certification with respect to a device pursuant
to subparagraph (A)(ii) if the Secretary and the owner, operator, or
agent in charge of such establishment have agreed to a plan of
correction in response to such report.
    ``(F)(i) The Secretary shall provide a process for a person who is
denied a certification as described in subparagraph (E)(i) to request a
review that conforms to the standards of section 517A(b).
    ``(ii) Notwithstanding any previous review conducted pursuant to
clause (i), a person who has been denied a certification as described
in subparagraph (E)(i) may at any time request a review in order to
present new information relating to actions taken by such person to
address the reasons identified by the Secretary for the denial of
certification, including corrective actions to address deficiencies
identified by the Secretary.
    ``(iii) Not later than 1 year after date of enactment of this
subparagraph, the Secretary shall issue guidance providing for a
process to carry out this subparagraph.
    ``(G)(i) Subparagraphs (E) and (F) apply to requests for
certification on behalf of any device establishment registered under
section 510, whether the establishment is located in the United States
or another country.
    ``(ii) The Secretary may charge a fee for the issuance of a
certification described in clause (i), and such fee is subject to the
conditions and requirements of subparagraph (B).''; and
            (2) by moving the margins of subparagraphs (C) and (D) 4
        ems to the left.

Output: This bill amends the Federal Food, Drug, and Cosmetic Act to revise provisions regarding Food and Drug Administration (FDA): (1) inspections of establishments that manufacture or process medical devices, and (2) certification of medical devices for export. The biannual inspection schedule for medical device establishments handling higher risk devices is replaced with a risk-based schedule. In establishing the risk-based schedule, the FDA must consider an establishment's participation in international medical device audit programs. The FDA must adopt a uniform process and uniform standards for inspections of domestic and foreign medical device establishments. Upon request, the FDA must provide to the person in charge of a medical device establishment feedback regarding the person's proposals to address issues identified during an inspection. The FDA must provide the basis for denying requests for certification of products for export as meeting FDA requirements for domestic products. A person denied such a certification may request supervisory review of that decision. Products from a medical device establishment that an inspector found to be contaminated or insanitary may be certified for export if the person in charge of the establishment has agreed to a plan to correct the issues identified during the inspection.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business
Health Relief Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.
                 TITLE II--INCREASING CONSUMER CONTROL

Sec. 201. Repeal of the restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.
       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

Sec. 301. Allowing individuals to keep the coverage they have if they
                            like it.

        TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES

SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.

    Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (Public Law
111-148) and the amendments made by such sections and subsections are
repealed and the Internal Revenue Code of 1986 shall be applied and
administered as if such provisions and amendments had never been
enacted.

SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.

    Section 1302(c)(2) of the Patient Protection and Affordable Care
Act (Public Law 111-148) is repealed.

SEC. 103. INCREASING CHOICES FOR AMERICANS.

    (a) Qualified Health Plan Coverage Satisfied by High Deductible
Health Plan With Health Savings Account.--Section 1302(e) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is
amended to read as follows:
    ``(e) High Deductible Health Plan With Health Savings Account.--A
health plan not providing a bronze, silver, gold, or platinum level of
coverage shall be treated as meeting the requirements of subsection (d)
with respect to any plan year for any enrollee if the plan meets the
requirements for a high deductible health plan under section 223(c)(2)
of the Internal Revenue Code of 1986 and such enrollee has established
a health savings account (as defined in section 223(d)(1) of such Code)
in relation to such plan.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (C) of section 1312(d)(3) of the Patient
        Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is
        amended by striking ``, except'' and all that follows through
        ``1302(e)(2)''.
            (2) Subparagraph (A) of section 36B(c)(3) of the Internal
        Revenue Code of 1986, as added by section 1401(a) of the
        Patient Protection and Affordable Care Act (Public Law 111-
        148), is amended by striking ``, except'' and all that follows
        through ``such Act''.
            (3) Subparagraph (B) of section 1334(c)(1) of the Patient
        Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is
        amended by striking ``and catastrophic coverage''.

SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.

    Section 9010 of the Patient Protection and Affordable Care Act
(Public Law 111-148), as amended by section 10905 of such Act, is
repealed.

SEC. 105. ENSURING AFFORDABLE COVERAGE.

    Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42
U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
striking ``, except'' and all that follows through ``2707(c))''.

                 TITLE II--INCREASING CONSUMER CONTROL

SEC. 201. REPEAL OF THE RESTRICTION ON OVER-THE-COUNTER MEDICINES.

    Section 9003 of the Patient Protection and Affordable Care Act
(Public Law 111-148) and the amendments made by such section are
repealed and the Internal Revenue Code of 1986 shall be applied as if
such section and amendments had never been enacted.

SEC. 202. REPEAL OF THE ANNUAL CAP.

    Sections 9005 and 10902 of the Patient Protection and Affordable
Care Act (Public Law 111-148) and section 1403 of the Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152) and the
amendments made by such sections are repealed and the Internal Revenue
Code of 1986 shall be applied as if such sections and amendments had
never been enacted.

       TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE

SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY
              LIKE IT.

    (a) In General.--Section 1251(a)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18011) is amended--
            (1) by striking ``Except as provided in paragraph (3),''
        and inserting the following:
                    ``(A) In general.--Except as provided in paragraphs
                (3) and (4),''; and
            (2) by adding at the end the following:
                    ``(B) Protecting employers and consumers with
                grandfathered coverage.--
                            ``(i) In general.--A group health plan or
                        health insurance coverage in which an
                        individual is enrolled on or after March 23,
                        2010, but before any plan year beginning not
                        later than 1 year after the date of the
                        enactment of this subparagraph, and which is
                        deemed to be a grandfathered health plan under
                        this section, shall continue to be considered a
                        grandfathered health plan with respect to such
                        individual regardless of any modification to
                        the cost-sharing levels, employer contribution
                        rates, or covered benefits under such plan or
                        coverage as otherwise permitted under this Act
                        (and the amendments made by this Act).
                            ``(ii) Regulations.--The Secretary shall
                        promulgate regulations to clarify the
                        application of clause (i) to a plan or coverage
                        that continues to be a grandfathered health
                        plan pursuant to such clause.''.
    (b) Effective Date; Previously Promulgated Regulations Voided.--
            (1) Effective date.--The amendments made by this section
        shall take effect as if included in the enactment of the
        Patient Protection and Affordable Care Act.
            (2) Previously promulgated regulations voided.--Any
        regulations relating to section 1251(a)(2) of such Act
        promulgated before the date of the enactment of this Act shall
        have no force or effect.

Output:
Small Business Health Relief Act of 2011 - Repeals provisions of the Internal Revenue Code (IRC), as added by the Patient Protection and Affordable Care Act (PPACA), that: (1) impose fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage; and (2) require such large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees.

Repeals provision of PPACA that: (1) set limits on the annual deductible on health plans offered in the small group market, (2) allow catastrophic plans to be offered in the individual market to individuals under the age of 30, and (3) impose an annual fee on health insurance entities.

Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account.

Amends the Public Health Service Act, as amended by PPACA, to repeal a provision that allows a premium rate variance by age in the individual or small group market.

Repeals restrictions on payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to prescription drugs or insulin.

Repeals provisions limiting annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500.

Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits. Requires the Secretary of Health and Human Services (HHS) to promulgate regulations to clarify the application of such provision. Makes this provision effective as if included in PPACA. Voids any regulations promulgated related to such provisions before enactment of this Act.


Input:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Acid Rain and
Mercury Control Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Reduction of sulfur dioxide and nitrogen oxide emissions from
                            powerplants.
Sec. 4. Mercury emission reductions.
Sec. 5. Effect on other law.
Sec. 6. Protecting sensitive regional ecosystems.
Sec. 7. Authorization of appropriations.
Sec. 8. Modernization.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) reductions of atmospheric sulfur dioxide and nitrogen
        oxide from utility plants, in addition to the reductions
        required under the Clean Air Act (42 U.S.C. 7401 et seq.), are
        needed to reduce acid deposition and its serious adverse
        effects on public health, natural resources, building
        structures, sensitive ecosystems, and visibility;
            (2) sulfur dioxide and nitrogen oxide contribute to the
        development of fine particulates, suspected of causing human
        mortality and morbidity to a significant extent;
            (3) regional nitrogen oxide reductions of 75 percent in the
        Eastern United States, in addition to the reductions required
        under the Clean Air Act, may be necessary to protect sensitive
        watersheds from the effects of nitrogen deposition;
            (4) since the Clean Air Act Amendments of 1990 were
        enacted, some acidic lakes in the Adirondacks in the State of
        New York have started to slowly show chemical recovery from
        acid rain, demonstrating that sulfur dioxide and nitrogen oxide
        regulations can be implemented in a cost-effective manner, but
        the recovery is progressing at a slower rate than originally
        intended;
            (5) nitrogen oxide is highly mobile and can lead to ozone
        formation hundreds of miles from the emitting source;
            (6) on March 10, 2005, the Environmental Protection Agency
        (EPA) issued the Clean Air Interstate Rule (CAIR) to require
        additional reductions in sulfur dioxide and nitrogen oxide in
        28 Eastern States and the District of Columbia;
            (7) these reductions represent approximately a 70 percent
        reduction in sulfur dioxide and a 60 percent reduction in
        nitrogen oxide in the affected States;
            (8) on July 11, 2008, the United States Court of Appeals
        for the District of Columbia Circuit vacated CAIR and on
        December 23, 2008, the same court remanded the rule back to the
        EPA without vacature;
            (9) fossil fuel-fired electric generating units emit
        approximately \1/3\ of the total mercury emissions in the
        United States;
            (10) mercury is considered a neurotoxin which can
        bioaccumulate as it moves its way up the food chain and is
        especially harmful to young children and developing fetuses;
            (11) according to the EPA, there were 3,080 fish advisories
        for mercury in 2006; there are over 90 fish advisories for
        mercury in New York alone, with blanket warning for the
        Adirondack and Catskill Mountains;
            (12) on March 15, 2005, EPA issued the Clean Air Mercury
        Rule (CAMR), which for the first time sought to regulate
        mercury emissions from power plants, but used a less
        restrictive cap-and-trade approach for this very harmful
        substance and would take a full decade to implement;
            (13) on February 8, 2008, the United States Court of
        Appeals for the District of Columbia Circuit vacated CAMR; and
            (14) on February 23, 2009, the Supreme Court denied a
        request to reconsider the decision.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the current scientific understanding that
        emissions of sulfur dioxide and nitrogen oxide, and the acid
        deposition resulting from emissions of sulfur dioxide and
        nitrogen oxide, present a substantial human health and
        environmental risk;
            (2) to require reductions in sulfur dioxide and nitrogen
        oxide emissions;
            (3) to support the efforts of existing acid rain and
        mercury monitoring programs located throughout the country;
            (4) to reduce utility emissions of nitrogen oxide by 75
        percent from 1997 levels;
            (5) to reduce utility emissions of sulfur dioxide by 75
        percent after the implementation of phase II sulfur dioxide
        requirements under section 405 of the Clean Air Act (42 U.S.C.
        7651d); and
            (6) to adopt a strict standard for mercury emissions by
        power plants of 0.6 pounds per trillion Btu without allowing
        for a cap-and-trade system.

SEC. 3. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS FROM
              POWERPLANTS.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is
amended by adding at the end the following:

``SEC. 132. REDUCTION OF SULFUR DIOXIDE AND NITROGEN OXIDE EMISSIONS
              FROM POWERPLANTS.

    ``(a) Emission Reduction Objectives.--The emission reduction
objectives of this section are to reduce, not later than January 1,
2012--
            ``(1) aggregate sulfur dioxide emissions from powerplants
        by 75 percent from the levels allowed under full implementation
        of the Phase II sulfur dioxide requirements under title IV
        (relating to acid deposition control); and
            ``(2) aggregate nitrogen oxide emissions from powerplants
        by 75 percent from 1997 levels.
    ``(b) Agency Action.--
            ``(1) Regulations.--
                    ``(A) In general.--Not later than 2 years after the
                date of enactment of this section, the Administrator
                shall promulgate regulations to achieve the emission
                reduction objectives specified in subsection (a).
                    ``(B) Elements.--The regulations promulgated under
                subparagraph (A)--
                            ``(i) shall achieve the objectives in a
                        manner that the Administrator determines will
                        allocate required emission reductions
                        equitably, taking into account emission
                        reductions achieved before the date of
                        enactment of this section and other relevant
                        factors;
                            ``(ii) may include market-oriented
                        mechanisms (such as emissions trading based on
                        generation performance standards, auctions, or
                        other allocation methods);
                            ``(iii) shall prevent localized adverse
                        effects on public health and the environment
                        and ensure that significant emission reductions
                        are achieved in both the Eastern and Western
                        regions of the United States; and
                            ``(iv) shall include, consistent with
                        achieving the objectives set forth in
                        subsection (a), incentives for renewable
                        energy.
            ``(2) Interagency coordination to minimize costs and
        maximize gains.--To minimize the economic costs and maximize
        the economic gains of achieving the emission reduction
        objectives specified in subsection (a), the Administrator shall
        coordinate with other departments and agencies of Federal and
        State government to increase energy efficiency, to increase the
        use of renewable energy, and to implement cost saving advanced
        demand and supply side policies, such as those described in the
        report prepared by the Interlaboratory Working Group of the
        Department of Energy entitled `Scenarios for a Clean Energy
        Future', dated November 2000.
    ``(c) Additional Reductions.--The regulations promulgated under
subsection (b) may require additional reductions in emissions from
powerplants if the Administrator determines that the emission levels
necessary to achieve the emission reduction objectives specified in
subsection (a) are not reasonably anticipated to protect public health
or welfare.
    ``(d) Modernization of Outdated Powerplants.--
            ``(1) In general.--On the later of the date that is 30
        years after a powerplant commenced operation or the date that
        is 5 years after the date of enactment of this section, it
        shall comply with--
                    ``(A) the most recent new source performance
                standards promulgated under section 111; and
                    ``(B) the requirements under parts C and D that are
                applicable to modified sources.
            ``(2) Additional requirements.--The requirements of this
        subsection shall be in addition to the requirements of the
        regulations promulgated under subsection (b).
    ``(e) Other Requirements.--The requirements of this section shall
be in addition to, and not in lieu of, any other requirement of this
Act.
    ``(f) Definition.--In this section, the term `powerplant' means an
electric generation facility with a nameplate capacity of 25 megawatts
or more that uses a combustion device to generate electricity for
sale.''.

SEC. 4. MERCURY EMISSION REDUCTIONS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following:

                    ``TITLE VII--MERCURY REDUCTIONS

``Sec. 701. Definitions.
``Sec. 702. Mercury reduction program.
``Sec. 703. Prohibitions.

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--The term `affected unit' means a
        coal-fired electric generating facility (including a
        cogeneration facility) that--
                    ``(A) has a nameplate capacity greater than 25
                megawatts; and
                    ``(B) generates electricity for sale.
            ``(2) Cogeneration facility.--The term `cogeneration
        facility' means a facility that--
                    ``(A) cogenerates--
                            ``(i) steam; and
                            ``(ii) electricity; and
                    ``(B) supplies, on a net annual basis, to any
                utility power distribution system for sale--
                            ``(i) more than \1/3\ of the potential
                        electric output capacity of the facility; and
                            ``(ii) more than 25 megawatts of electrical
                        output of the facility.

``SEC. 702. MERCURY REDUCTION PROGRAM.

    ``(a) New Unit Requirement.--Any affected unit that commences
operation after December 31, 2010, shall be considered a new unit for
the purposes of this section and shall not exceed the emission limit of
0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) upon commencement
of operation.
    ``(b) Existing Unit Requirement.--Any affected unit that commences
operation on or before December 31, 2010, shall not exceed the emission
limit of 0.6 pounds mercury per trillion Btu by January 1, 2013.
    ``(c) Monitoring System.--Not later than January 1, 2011, the
Administrator shall promulgate regulations requiring operation,
reporting and certification of continuous emissions monitoring systems
(CEMS) to accurately measure the quantity of mercury that is emitted
from each affected unit.
    ``(d) Excess Emissions.--
            ``(1) In general.--The owner or operator of an affected
        unit that emits mercury in excess of the emission limitation
        described in subsections (b) and (c) shall pay an excess
        emissions penalty determined under paragraph (2).
            ``(2) Determination of excess emissions penalty.--The
        excess emissions penalty shall be an amount equal to $10,000
        for each ounce of mercury emitted in excess of the emission
        limitations for mercury described in subsections (b) and (c).
    ``(e) Prevention of Mercury Re-Release.--Not later than January 1,
2011, the Administrator shall promulgate regulations to ensure that any
mercury captured or recovered by emission controls installed at an
affected unit is not re-released into the environment.

``SEC. 703. PROHIBITIONS.

    ``It shall be unlawful--
            ``(1) for the owner or operator of any electricity
        generating facility--
                    ``(A) to operate the electricity generating
                facility in noncompliance with the requirements of this
                title (including any regulations implementing this
                title);
                    ``(B) to fail to submit by the required date any
                emission allowances, or pay any penalty, for which the
                owner or operator is liable;
                    ``(C) to fail to provide and comply with any plan
                to offset excess emissions; or
                    ``(D) to emit mercury in excess of the emission
                limitations established under section 702; or
            ``(2) for any person to hold, use, or transfer any emission
        allowance allocated under this title except in accordance with
        regulations promulgated by the Administrator.''.

SEC. 5. EFFECT ON OTHER LAW.

    Nothing in this Act--
            (1) affects the ability of a State to take State actions to
        further limit sulfur dioxide, nitrogen oxide, or mercury; and
            (2) except as expressly provided in this Act--
                    (A) modifies or otherwise affects any requirement
                of this Act in effect on the day before the date of
                enactment of this Act; or
                    (B) relieves any person of the responsibility to
                comply with this Act.

SEC. 6. PROTECTING SENSITIVE REGIONAL ECOSYSTEMS.

    (a) Report.--
            (1) In general.--Not later than December 31, 2012, the
        Administrator shall submit to Congress a report identifying
        objectives for scientifically credible environmental
        indicators, as determined by the Administrator of the
        Environmental Protection Agency, that are sufficient to protect
        and restore sensitive ecosystems of the Adirondack Mountains,
        mid-Appalachian Mountains, Catskill Mountains, Rocky Mountains,
        and Southern Blue Ridge Mountains and water bodies of the Great
        Lakes, Lake Champlain, Long Island Sound, the Chesapeake Bay
        and other sensitive ecosystems, as determined by the
        Administrator.
            (2) Updated report.--Not later than December 31, 2021, the
        Administrator shall submit to Congress a report updating the
        report under paragraph (1) and assessing the status and trends
        of various environmental objectives and indicators for the
        sensitive regional ecosystems referred to in paragraph (1).
            (3) Reports under the national acid precipitation
        assessment program.--The reports under this subsection shall be
        subject to the requirements applicable to a report under
        section 103(j)(3)(E) of the Clean Air Act (42 U.S.C.
        7403(j)(3)(E)).
    (b) Regulations.--
            (1) Determination.--Not later than December 31, 2019, the
        Administrator shall determine whether emission reductions under
        title VII of the Clean Air Act are sufficient to ensure
        achievement of the objectives stated in subsection (a)(1).
            (2) Promulgation.--If the Administrator determines under
        paragraph (1) that emission reductions under title VII of the
        Clean Air Act are not sufficient to ensure achievement of the
        objectives identified in subsection (a)(1), the Administrator
        shall promulgate, not later than 2 years after making the
        finding, such regulations, including modification of sulfur
        dioxide and nitrogen oxide allowance allocations or any such
        measure, as the Administrator determines are necessary to
        protect the sensitive ecosystems described in subsection
        (a)(1).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts made available under any other law, there
are authorized to be appropriated for each of fiscal years 2010 through
2020--
            (1) for operational support of the National Atmospheric
        Deposition Program National Trends Network--
                    (A) $2,000,000 to the United States Geological
                Survey;
                    (B) $600,000 to the Environmental Protection
                Agency;
                    (C) $600,000 to the National Park Service; and
                    (D) $400,000 to the Forest Service;
            (2) for operational support of the National Atmospheric
        Deposition Program Mercury Deposition Network--
                    (A) $400,000 to the Environmental Protection
                Agency;
                    (B) $400,000 to the United States Geological
                Survey;
                    (C) $100,000 to the National Oceanic and
                Atmospheric Administration; and
                    (D) $100,000 to the National Park Service;
            (3) for the National Atmospheric Deposition Program
        Atmospheric Integrated Research Monitoring Network $1,500,000
        to the National Oceanic and Atmospheric Administration;
            (4) for the Clean Air Status and Trends Network $5,000,000
        to the Environmental Protection Agency; and
            (5) for the Temporally Integrated Monitoring of Ecosystems
        and Long-Term Monitoring Program $2,500,000 to the
        Environmental Protection Agency.

SEC. 8. MODERNIZATION.

    (a) Authorization of Appropriations.--In addition to amounts made
available under any other law, there are authorized to be
appropriated--
            (1) for equipment and site modernization of the National
        Atmospheric Deposition Program National Trends Network
        $6,000,000 to the Environmental Protection Agency;
            (2) for equipment and site modernization and network
        expansion of the National Atmospheric Deposition Program
        Mercury Deposition Network $2,000,000 to the Environmental
        Protection Agency;
            (3) for equipment and site modernization and network
        expansion of the National Atmospheric Deposition Program
        Atmospheric Integrated Research Monitoring Network $1,000,000
        to the National Oceanic and Atmospheric Administration; and
            (4) for equipment and site modernization and network
        expansion of the Clean Air Status and Trends Network $4,600,000
        to the Environmental Protection Agency.
    (b) Availability of Amounts.--Each of the amounts appropriated
under subsection (a) shall remain available until expended.

Output:
Acid Rain and Mercury Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to reduce specified amounts of aggregate sulfur dioxide emissions and nitrogen oxide emissions from power plants by January 1, 2012. Authorizes the regulations to include market-oriented mechanisms.

Requires the Administrator to coordinate with federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies.

Requires a power plant, by the later of the date that is 30 years after it commenced operation or the date that is five years after this Act's enactment, to comply with the specified new source performance standards and specified requirements applicable to modified sources under the Clean Air Act.

Considers affected units (coal-fired electric generating facilities that have a nameplate capacity greater than 25 megawatts and that generate electricity for sale) that commence operation after December 31, 2010, to be new units. Prohibits such units from exceeding the mercury emission limit of 0.6 pounds mercury per trillion Btu upon commencement of operation. Prohibits affected units that commence operation on or before December 31, 2010, from exceeding such limit by January 1, 2013.

Sets forth penalties for excess emissions. Requires the Administrator to ensure that mercury captured or recovered by emission controls installed at affected units is not re-released into the environment.

Prohibits owners or operators of electricity generating facilities from: (1) operating such facilities in noncompliance with the requirements of this Act; (2) failing to submit allowances or penalties or to provide and comply with any plan to offset excess emissions; and (3) emitting mercury in excess of the emission limitations.

Prohibits any person from holding, using, or transferring emission allowances allocated under such Act that are not in accordance with regulations promulgated by the Administrator.

Declares that nothing in this Act affects the ability of states to take actions to further limit sulfur dioxide, nitrogen oxide, or mercury.

Directs the Administrator to promulgate regulations to protect specified sensitive ecosystems if the emissions reductions under title VII of the Clean Air Act are not sufficient to ensure the protection and restoration of such ecosystems.