[Congressional Record Volume 163, Number 200 (Thursday, December 7, 2017)]
[Senate]
[Pages S7930-S7932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DAINES:
S. 2206. A bill to release certain wilderness study areas in the
State of Montana; to the Committee on Energy and Natural Resources.
Mr. DAINES. Mr. President, as a fifth generation Montanan and an avid
outdoorsman, I know how important access to our public lands are.
Having hiked, camped, biked, and snowmobiled countless miles in the
wilderness, forests, and other public lands of Montana, I share with
other Montanans the desire to explore the beauty of our state. That is
why today I am introducing the Protect Public Use of Public Lands Act.
This bill follows calls from countless Montanans and the U.S. Forest
Service recommendations to open up Wilderness Study Areas (WSAs) that
the Forest Service recommended to manage as non-wilderness after the
congressionally mandated study in the 1970s. The bill would allow new
uses to be considered in the public planning process. For too long
these lands have remained in limbo and many forms of recreation have
been significantly reduced. For this reason, the Montana Legislature
passed a measure calling on Congress to take action on these Wilderness
Study Areas, and I have continued to hear from County Commissioners,
local Montanans, farmers, ranchers, and recreation groups since I have
been in Congress of their support for action. Hearing this call I today
introduce the Protect Public Use of Public Lands Act and ask my
colleagues to join me in supporting this important measure.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as, follows:
[[Page S7931]]
S. 2206
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Public Use of Public
Lands Act''.
SEC. 2. RELEASE OF CERTAIN WILDERNESS STUDY AREAS IN THE
STATE OF MONTANA.
(a) Findings.--Congress finds that--
(1) under the Montana Wilderness Study Act of 1977 (Public
Law 95-150; 91 Stat. 1243), 9 wilderness study areas
comprising a total of 973,000 acres of land in the State of
Montana were set aside for the Secretary of Agriculture to
evaluate the suitability of the wilderness study areas for
designation as wilderness in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), with the evaluation to be
completed not later than 5 years after the date of enactment
of the Montana Wilderness Study Act of 1977 (Public Law 95-
150; 91 Stat. 1243);
(2) between 1979 and 1986, the Chief of the Forest Service
completed the studies of the 9 wilderness study areas and
determined that 608,700 acres of the original 973,000 acres
designated as wilderness study areas by the Montana
Wilderness Study Act of 1977 (Public Law 95-150; 91 Stat.
1243) were unsuitable for inclusion in the National
Wilderness Preservation System;
(3) since the completion of the studies required under the
Montana Wilderness Study Act of 1977 (Public Law 95-150; 91
Stat. 1243), of the land designated as wilderness study areas
by that Act--
(A) 171,000 acres have been designated as wilderness by
Congress; and
(B) 663,000 acres remain as wilderness study areas until
Congress acts;
(4) Congress has failed to act on the recommendations of
the Chief of the Forest Service with respect to the remaining
7 wilderness study areas;
(5) the Montana State legislature passed House Joint
Resolution 9, a resolution asking Congress to address the
remaining 7 wilderness study areas;
(6) County commissions, sportsmen, farmers and ranchers,
and outdoor recreation groups in the State of Montana support
Congress acting to remove the land in the State described in
subsection (c) to protect public use of public land; and
(7) for the purposes of section 3(a) of the Montana
Wilderness Study Act of 1977 (Public Law 95-150; 91 Stat.
1244), the land in the State of Montana described in
subsection (c) has been adequately studied for wilderness
designation.
(b) Release.--The land described in subsection (c) is no
longer subject to section 3(a) of the Montana Wilderness
Study Act of 1977 (Public Law 95-150; 91 Stat. 1244).
(c) Description of Land.--The land referred to in
paragraphs (6) and (7) of subsection (a) and subsection (b)
is--
(1) the approximately 151,000 acres of land comprising the
West Pioneer Wilderness Study Area;
(2) the approximately 32,500 acres of land within the Blue
Joint Wilderness Study Area not recommended for wilderness
classification in the record of decision prepared by the
Forest Service entitled ``Bitterroot National Forest Plan''
and dated September 1987;
(3) the approximately 94,000 acres of land comprising the
Sapphire Wilderness Study Area;
(4) the approximately 81,000 acres of land comprising the
Middle Fork Judith Wilderness Study Area; and
(5) the approximately 91,000 acres of land comprising the
Big Snowies Wilderness Study Area.
______
By Mr. CORNYN (for himself, Mr. Cassidy, and Mr. Toomey):
S. 2209. A bill to amend title XIX of the Social Security Act to
require States to count monetary winnings from lotteries and other
lump-sum income of $80,000 or more as if they were obtained over
multiple months for purposes of determining income eligibility for
medical assistance; to the Committee on Finance.
=========================== NOTE ===========================
On page S7931, December 7, 2017, in the second column, the
following appears: S. 2209. A bill to amend title XIX of the
Social Security Act to require States to count monetary winnings
from lotteries and other lump-sum income of $80,000 or more as if
they were obtained over multiple months for purposes of
determining income eligibly for medical assistance; to the
Committee on Finance.
The online Record has been corrected to read: S. 2209. A bill to
amend title XIX of the Social Security Act to require States to
count monetary winnings from lotteries and other lump-sum income
of $80,000 or more as if they were obtained over multiple months
for purposes of determining income eligibility for medical
assistance; to the Committee on Finance.
========================= END NOTE =========================
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2209
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prioritizing the Most
Vulnerable Over Lottery Winners Act of 2017''.
SEC. 2. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM
INCOME FOR PURPOSES OF INCOME ELIGIBILITY UNDER
MEDICAID.
(a) In General.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
and inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)--
(A) in paragraph (14) (relating to modified adjusted gross
income), by adding at the end the following new subparagraph:
``(J) Treatment of certain lottery winnings and income
received as a lump sum.--
``(i) In general.--In the case of an individual who is the
recipient of qualified lottery winnings (pursuant to
lotteries occurring on or after January 1, 2018) or qualified
lump sum income (received on or after such date) and whose
eligibility for medical assistance is determined based on the
application of modified adjusted gross income under
subparagraph (A), a State shall, in determining such
eligibility, include such winnings or income (as applicable)
as income received--
``(I) in the month in which such winnings or income (as
applicable) is received if the amount of such winnings or
income is less than $80,000;
``(II) over a period of 2 months if the amount of such
winnings or income (as applicable) is greater than or equal
to $80,000 but less than $90,000;
``(III) over a period of 3 months if the amount of such
winnings or income (as applicable) is greater than or equal
to $90,000 but less than $100,000; and
``(IV) over a period of 3 months plus 1 additional month
for each increment of $10,000 of such winnings or income (as
applicable) received, not to exceed a period of 120 months
(for winnings or income of $1,260,000 or more), if the amount
of such winnings or income is greater than or equal to
$100,000.
``(ii) Counting in equal installments.--For purposes of
subclauses (II), (III), and (IV) of clause (i), winnings or
income to which such subclause applies shall be counted in
equal monthly installments over the period of months
specified under such subclause.
``(iii) Hardship exemption.--An individual whose income, by
application of clause (i), exceeds the applicable eligibility
threshold established by the State, shall continue to be
eligible for medical assistance to the extent that the State
determines, under procedures established by the State (in
accordance with standards specified by the Secretary), that
the denial of eligibility of the individual would cause an
undue medical or financial hardship as determined on the
basis of criteria established by the Secretary.
``(iv) Notifications and assistance required in case of
loss of eligibility.--A State shall, with respect to an
individual who loses eligibility for medical assistance under
the State plan (or a waiver of such plan) by reason of clause
(i)--
``(I) before the date on which the individual loses such
eligibility, inform the individual--
``(aa) of the individual's opportunity to enroll in a
qualified health plan offered through an Exchange established
under title I of the Patient Protection and Affordable Care
Act during the special enrollment period specified in section
9801(f)(3) of the Internal Revenue Code of 1986 (relating to
loss of Medicaid or CHIP coverage); and
``(bb) of the date on which the individual would no longer
be considered ineligible by reason of clause (i) to receive
medical assistance under the State plan or under any waiver
of such plan and be eligible to reapply to receive such
medical assistance; and
``(II) provide technical assistance to the individual
seeking to enroll in such a qualified health plan.
``(v) Qualified lottery winnings defined.--In this
subparagraph, the term `qualified lottery winnings' means
winnings from a sweepstakes, lottery, or pool described in
paragraph (3) of section 4402 of the Internal Revenue Code of
1986 or a lottery operated by a multistate or
multijurisdictional lottery association, including amounts
awarded as a lump sum payment.
``(vi) Qualified lump sum income defined.--In this
subparagraph, the term `qualified lump sum income' means
income that is received as a lump sum from one of the
following sources:
``(I) Monetary winnings from gambling (as defined by the
Secretary and including gambling activities described in
section 1955(b)(4) of title 18, United States Code).
``(II) Damages received, whether by suit or agreement and
whether as lump sums or as periodic payments (other than
monthly payments), on account of causes of action other than
causes of action arising from personal physical injuries or
physical sickness.
``(III) Income received as liquid assets from the estate
(as defined in section 1917(b)(4)) of a deceased
individual.''; and
(B) by striking ``(14) Exclusion'' and inserting ``(15)
Exclusion''.
(b) Rules of Construction.--
(1) Interception of lottery winnings allowed.--Nothing in
the amendment made by subsection (a)(2) shall be construed as
preventing a State from intercepting the State lottery
winnings awarded to an individual in the State to recover
amounts paid by the State under the State Medicaid plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
for medical assistance furnished to the individual.
(2) Applicability limited to eligibility of recipient of
lottery winnings or lump sum income.--Nothing in the
amendment made by subsection (a)(2)(A) shall be construed,
with respect to a determination of household income for
purposes of a determination of eligibility for medical
assistance under the State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such
plan) made by applying modified adjusted gross income under
subparagraph (A) of section 1902(e)(14) of such Act (42
U.S.C. 1396a(e)(14)), as limiting the eligibility for such
medical assistance of any individual that is a member of the
household other than the individual who received qualified
lottery winnings or qualified lump-sum income (as defined in
subparagraph (J) of such
[[Page S7932]]
section 1902(e)(14), as added by subsection (a)(2)(A) of this
section).
____________________