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42 USC 1395i: Federal Hospital Insurance Trust Fund Text contains those laws in effect on January 18, 2020
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 7-SOCIAL SECURITYSUBCHAPTER XVIII-HEALTH INSURANCE FOR AGED AND DISABLEDPart A-Hospital Insurance Benefits for Aged and Disabled
§1395i. Federal Hospital Insurance Trust Fund
(a) Creation; deposits; transfers from Treasury
There is hereby created on the books of the Treasury of the United States a trust fund to be known as the "Federal Hospital Insurance Trust Fund" (hereinafter in this section referred to as the "Trust Fund"). The Trust Fund shall consist of such gifts and bequests as may be made as provided in section 401(i)(1) of this title, and such amounts as may be deposited in, or appropriated to, such fund as provided in this part. There are hereby appropriated to the Trust Fund for the fiscal year ending June 30, 1966, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of-
(1) the taxes imposed by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code after December 31, 1965, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of records of wages established and maintained by the Commissioner of Social Security in accordance with such reports; and
(2) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income reported to the Secretary of the Treasury or his delegate on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of records of self-employment established and maintained by the Commissioner of Social Security in accordance with such returns.
The amounts appropriated by the preceding sentence shall be transferred from time to time from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in the preceding sentence, paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such sentence.
(b) Board of Trustees; composition; meetings; duties
With respect to the Trust Fund, there is hereby created a body to be known as the Board of Trustees of the Trust Fund (hereinafter in this section referred to as the "Board of Trustees") composed of the Commissioner of Social Security, the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member's term until the earlier of the time at which the member's successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member's term. The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees (hereinafter in this section referred to as the "Managing Trustee"). The Administrator of the Centers for Medicare & Medicaid Services shall serve as the Secretary of the Board of Trustees. The Board of Trustees shall meet not less frequently than once each calendar year. It shall be the duty of the Board of Trustees to-
(1) Hold the Trust Fund;
(2) Report to the Congress not later than the first day of April of each year on the operation and status of the Trust Fund during the preceding fiscal year and on its expected operation and status during the current fiscal year and the next 2 fiscal years; Each report provided under paragraph (2) beginning with the report in 2005 shall include the information specified in section 801(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.1
(3) Report immediately to the Congress whenever the Board is of the opinion that the amount of the Trust Fund is unduly small; and
(4) Review the general policies followed in managing the Trust Fund, and recommend changes in such policies, including necessary changes in the provisions of law which govern the way in which the Trust Fund is to be managed.
The report provided for in paragraph (2) shall include a statement of the assets of, and the disbursements made from, the Trust Fund during the preceding fiscal year, an estimate of the expected income to, and disbursements to be made from, the Trust Fund during the current fiscal year and each of the next 2 fiscal years, and a statement of the actuarial status of the Trust Fund. Such report shall also include an actuarial opinion by the Chief Actuary of the Centers for Medicare & Medicaid Services certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable. Such report shall be printed as a House document of the session of the Congress to which the report is made. A person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Fund.
(c) Investment of Trust Fund by Managing Trustee
It shall be the duty of the Managing Trustee to invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of public-debt obligations for purchase by the Trust Fund. Such obligations issued for purchase by the Trust Fund shall have maturities fixed with due regard for the needs of the Trust Fund and shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of 4 years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest on such obligations shall be the multiple of one-eighth of 1 per centum nearest such market yield. The Managing Trustee may purchase other interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price, only where he determines that the purchase of such other obligations is in the public interest.
(d) Authority of Managing Trustee to sell obligations
Any obligations acquired by the Trust Fund (except public-debt obligations issued exclusively to the Trust Fund) may be sold by the Managing Trustee at the market price, and such public-debt obligations may be redeemed at par plus accrued interest.
(e) Interest on and proceeds from sale or redemption of obligations
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.
(f) Payment of estimated taxes
(1) The Managing Trustee is directed to pay from time to time from the Trust Fund into the Treasury the amount estimated by him as taxes imposed under section 3101(b) which are subject to refund under section 6413(c) of the Internal Revenue Code of 1986 with respect to wages paid after December 31, 1965. Such taxes shall be determined on the basis of the records of wages established and maintained by the Commissioner of Social Security in accordance with the wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of the Internal Revenue Code of 1986, and the Commissioner of Social Security shall furnish the Managing Trustee such information as may be required by the Managing Trustee for such purpose. The payments by the Managing Trustee shall be covered into the Treasury as repayments to the account for refunding internal revenue collections.
(2) Repayments made under paragraph (1) shall not be available for expenditures but shall be carried to the surplus fund of the Treasury. If it subsequently appears that the estimates under such paragraph in any particular period were too high or too low, appropriate adjustments shall be made by the Managing Trustee in future payments.
(g) Transfers from other Funds
There shall be transferred periodically (but not less often than once each fiscal year) to the Trust Fund from the Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund amounts equivalent to the amounts not previously so transferred which the Secretary of Health and Human Services shall have certified as overpayments (other than amounts so certified to the Railroad Retirement Board) pursuant to section 1395gg(b) of this title. There shall be transferred periodically (but not less often than once each fiscal year) to the Trust Fund from the Railroad Retirement Account amounts equivalent to the amounts not previously so transferred which the Secretary of Health and Human Services shall have certified as overpayments to the Railroad Retirement Board pursuant to section 1395gg(b) of this title.
(h) Payments from Trust Fund amounts certified by Secretary
The Managing Trustee shall also pay from time to time from the Trust Fund such amounts as the Secretary of Health and Human Services certifies are necessary to make the payments provided for by this part, and the payments with respect to administrative expenses in accordance with section 401(g)(1) of this title.
(i) Payment of travel expenses for travel within United States; reconsideration interviews and proceedings before administrative law judges
There are authorized to be made available for expenditure out of the Trust Fund such amounts as are required to pay travel expenses, either on an actual cost or commuted basis, to parties, their representatives, and all reasonably necessary witnesses for travel within the United States (as defined in section 410(i) of this title) to attend reconsideration interviews and proceedings before administrative law judges with respect to any determination under this subchapter. The amount available under the preceding sentence for payment for air travel by any person shall not exceed the coach fare for air travel between the points involved unless the use of first-class accommodations is required (as determined under regulations of the Secretary) because of such person's health condition or the unavailability of alternative accommodations; and the amount available for payment for other travel by any person shall not exceed the cost of travel (between the points involved) by the most economical and expeditious means of transportation appropriate to such person's health condition, as specified in such regulations. The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding.
(j) Loans from other Funds; interest; repayment; report to Congress
(1) If at any time prior to January 1988 the Managing Trustee determines that borrowing authorized under this subsection is appropriate in order to best meet the need for financing the benefit payments from the Federal Hospital Insurance Trust Fund, the Managing Trustee may, subject to paragraph (5), borrow such amounts as he determines to be appropriate from either the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund for transfer to and deposit in the Federal Hospital Insurance Trust Fund.
(2) In any case where a loan has been made to the Federal Hospital Insurance Trust Fund under paragraph (1), there shall be transferred on the last day of each month after such loan is made, from such Trust Fund to the lending Trust Fund, the total interest accrued to such day with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (c) (even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan).
(3)(A) If in any month after a loan has been made to the Federal Hospital Insurance Trust Fund under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate.
(B)(i) If on the last day of any year after a loan has been made under paragraph (1) by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund to the Federal Hospital Insurance Trust Fund, the Managing Trustee determines that the Hospital Insurance Trust Fund ratio exceeds 15 percent, he shall transfer from such Trust Fund to the lending trust fund an amount that-
(I) together with any amounts transferred to another lending trust fund under this paragraph for such year, will reduce the Hospital Insurance Trust Fund ratio to 15 percent; and
(II) does not exceed the outstanding balance of such loan.
(ii) Amounts required to be transferred under clause (i) shall be transferred on the last day of the first month of the year succeeding the year in which the determination described in clause (i) is made.
(iii) For purposes of this subparagraph, the term "Hospital Insurance Trust Fund ratio" means, with respect to any calendar year, the ratio of-
(I) the balance in the Federal Hospital Insurance Trust Fund, as of the last day of such calendar year; to
(II) the amount estimated by the Secretary to be the total amount to be paid from the Federal Hospital Insurance Trust Fund during the calendar year following such calendar year (other than payments of interest on, and repayments of, loans from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under paragraph (1)), and reducing the amount of any transfer to the Railroad Retirement Account by the amount of any transfers into such Trust Fund from the Railroad Retirement Account.
(C)(i) The full amount of all loans made under paragraph (1) (whether made before or after January 1, 1983) shall be repaid at the earliest feasible date and in any event no later than December 31, 1989.
(ii) For the period after December 31, 1987 and before January 1, 1990, the Managing Trustee shall transfer each month from the Federal Hospital Insurance Trust Fund to any Trust Fund that is owed any amount by the Federal Hospital Insurance Trust Fund on a loan made under paragraph (1), an amount not less than an amount equal to (I) the amount owed to such Trust Fund by the Federal Hospital Insurance Trust Fund at the beginning of such month (plus the interest accrued on the outstanding balance of such loan during such month), divided by (II) the number of months elapsing after the preceding month and before January 1990. The Managing Trustee may, during this period, transfer larger amounts than prescribed by the preceding sentence.
(4) The Board of Trustees shall make a timely report to the Congress of any amounts transferred (including interest payments) under this subsection.
(5)(A) No amounts may be loaned by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund under paragraph (1) during any month if the OASDI trust fund ratio for such month is less than 10 percent.
(B) For purposes of this paragraph, the term "OASDI trust fund ratio" means, with respect to any month, the ratio of-
(i) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Trust Fund from the Federal Hospital Insurance Trust Fund under section 401(l) of this title, as of the last day of the second month preceding such month, to
(ii) the amount obtained by multiplying by twelve the total amount which (as estimated by the Secretary) will be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund during the month for which such ratio is to be determined for all purposes authorized by section 401 of this title (other than payments of interest on, or repayments of, loans from the Federal Hospital Insurance Trust Fund under section 401(l) of this title), but excluding any transfer payments between such trust funds and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into either such trust fund from that Account.
(k) Health Care Fraud and Abuse Control Account
(1) Establishment
There is hereby established in the Trust Fund an expenditure account to be known as the "Health Care Fraud and Abuse Control Account" (in this subsection referred to as the "Account").
(2) Appropriated amounts to Trust Fund
There are hereby appropriated to the Trust Fund-
(i) such gifts and bequests as may be made as provided in subparagraph (B);
(ii) such amounts as may be deposited in the Trust Fund as provided in sections 242(b) and 249(c) of the Health Insurance Portability and Accountability Act of 1996, and subchapter XI; and
(iii) such amounts as are transferred to the Trust Fund under subparagraph (C).
(B) Authorization to accept gifts
The Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to the Trust Fund, for the benefit of the Account or any activity financed through the Account.
(C) Transfer of amounts
The Managing Trustee shall transfer to the Trust Fund, under rules similar to the rules in section 9601 of the Internal Revenue Code of 1986, an amount equal to the sum of the following:
(i) Criminal fines recovered in cases involving a Federal health care offense (as defined in section 24(a) of title 18).
(ii) Civil monetary penalties and assessments imposed in health care cases, including amounts recovered under this subchapter and subchapters XI and XIX, and chapter 38 of title 31 (except as otherwise provided by law).
(iii) Amounts resulting from the forfeiture of property by reason of a Federal health care offense.
(iv) Penalties and damages obtained and otherwise creditable to miscellaneous receipts of the general fund of the Treasury obtained under sections 3729 through 3733 of title 31 (known as the False Claims Act), in cases involving claims related to the provision of health care items and services (other than funds awarded to a relator, for restitution or otherwise authorized by law).
(D) Application
Nothing in subparagraph (C)(iii) shall be construed to limit the availability of recoveries and forfeitures obtained under title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] for the purpose of providing equitable or remedial relief for employee welfare benefit plans, and for participants and beneficiaries under such plans, as authorized under such title.
(3) Appropriated amounts to Account for fraud and abuse control program, etc.
(A) Departments of Health and Human Services and Justice
There are hereby appropriated to the Account from the Trust Fund such sums as the Secretary and the Attorney General certify are necessary to carry out the purposes described in subparagraph (C), to be available without further appropriation until expended, in an amount not to exceed-
(I) for fiscal year 1997, $104,000,000;
(II) for each of the fiscal years 1998 through 2003, the limit for the preceding fiscal year, increased by 15 percent;
(III) for each of fiscal years 2004, 2005, and 2006, the limit for fiscal year 2003; and
(IV) for each fiscal year after fiscal year 2006, the limit under this clause for the preceding fiscal year, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over the previous year.
(ii) Medicare and medicaid activities
For each fiscal year, of the amount appropriated in clause (i), the following amounts shall be available only for the purposes of the activities of the Office of the Inspector General of the Department of Health and Human Services with respect to the programs under this subchapter and subchapter XIX-
(I) for fiscal year 1997, not less than $60,000,000 and not more than $70,000,000;
(II) for fiscal year 1998, not less than $80,000,000 and not more than $90,000,000;
(III) for fiscal year 1999, not less than $90,000,000 and not more than $100,000,000;
(IV) for fiscal year 2000, not less than $110,000,000 and not more than $120,000,000;
(V) for fiscal year 2001, not less than $120,000,000 and not more than $130,000,000;
(VI) for fiscal year 2002, not less than $140,000,000 and not more than $150,000,000;
(VII) for each of fiscal years 2003, 2004, 2005, and 2006, not less than $150,000,000 and not more than $160,000,000;
(VIII) for fiscal year 2007, not less than $160,000,000, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over the previous year; and
(IX) for each fiscal year after fiscal year 2007, not less than the amount required under this clause for the preceding fiscal year, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over the previous year.
(B) Federal Bureau of Investigation
There are hereby appropriated from the general fund of the United States Treasury and hereby appropriated to the Account for transfer to the Federal Bureau of Investigation to carry out the purposes described in subparagraph (C), to be available without further appropriation until expended-
(i) for fiscal year 1997, $47,000,000;
(ii) for fiscal year 1998, $56,000,000;
(iii) for fiscal year 1999, $66,000,000;
(iv) for fiscal year 2000, $76,000,000;
(v) for fiscal year 2001, $88,000,000;
(vi) for fiscal year 2002, $101,000,000;
(vii) for each of fiscal years 2003, 2004, 2005, and 2006, $114,000,000; and
(viii) for each fiscal year after fiscal year 2006, the amount to be appropriated under this subparagraph for the preceding fiscal year, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over the previous year.
(C) Use of funds
The purposes described in this subparagraph are to cover the costs (including equipment, salaries and benefits, and travel and training) of the administration and operation of the health care fraud and abuse control program established under section 1320a–7c(a) of this title, including the costs of-
(i) prosecuting health care matters (through criminal, civil, and administrative proceedings);
(ii) investigations;
(iii) financial and performance audits of health care programs and operations;
(iv) inspections and other evaluations; and
(v) provider and consumer education regarding compliance with the provisions of subchapter XI.
(4) Appropriated amounts to Account for Medicare Integrity Program
There are hereby appropriated to the Account from the Trust Fund for each fiscal year such amounts as are necessary for activities described in paragraph (3)(C) and to carry out the Medicare Integrity Program under section 1395ddd of this title, subject to subparagraphs (B), (C), and (D) and to be available without further appropriation until expended.
(B) Amounts specified
Subject to subparagraph (C), the amount appropriated under subparagraph (A) for a fiscal year is as follows:
(i) For fiscal year 1997, such amount shall be not less than $430,000,000 and not more than $440,000,000.
(ii) For fiscal year 1998, such amount shall be not less than $490,000,000 and not more than $500,000,000.
(iii) For fiscal year 1999, such amount shall be not less than $550,000,000 and not more than $560,000,000.
(iv) For fiscal year 2000, such amount shall be not less than $620,000,000 and not more than $630,000,000.
(v) For fiscal year 2001, such amount shall be not less than $670,000,000 and not more than $680,000,000.
(vi) For fiscal year 2002, such amount shall be not less than $690,000,000 and not more than $700,000,000.
(vii) For each fiscal year after fiscal year 2002, such amount shall be not less than $710,000,000 and not more than $720,000,000.
(C) Adjustments
The amount appropriated under subparagraph (A) for a fiscal year is increased as follows:
(i) For fiscal year 2006, $100,000,000.
(ii) For each fiscal year after 2010, by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over the previous year.
(D) Expansion of the Medicare-Medicaid Data Match Program
The amount appropriated under subparagraph (A) for a fiscal year is further increased as follows for purposes of carrying out section 1395ddd(b)(6) of this title for the respective fiscal year:
(i) $12,000,000 for fiscal year 2006.
(ii) $24,000,000 for fiscal year 2007.
(iii) $36,000,000 for fiscal year 2008.
(iv) $48,000,000 for fiscal year 2009.
(v) $60,000,000 for fiscal year 2010 and each fiscal year thereafter.
(5) Annual report
Not later than January 1, the Secretary and the Attorney General shall submit jointly a report to Congress which identifies-
(A) the amounts appropriated to the Trust Fund for the previous fiscal year under paragraph (2)(A) and the source of such amounts; and
(B) the amounts appropriated from the Trust Fund for such year under paragraph (3) and the justification for the expenditure of such amounts.
(6) GAO report
Not later than June 1, 1998, and January 1 of 2000, 2002, and 2004, the Comptroller General of the United States shall submit a report to Congress which-
(A) identifies-
(i) the amounts appropriated to the Trust Fund for the previous two fiscal years under paragraph (2)(A) and the source of such amounts; and
(ii) the amounts appropriated from the Trust Fund for such fiscal years under paragraph (3) and the justification for the expenditure of such amounts;
(B) identifies any expenditures from the Trust Fund with respect to activities not involving the program under this subchapter;
(C) identifies any savings to the Trust Fund, and any other savings, resulting from expenditures from the Trust Fund; and
(D) analyzes such other aspects of the operation of the Trust Fund as the Comptroller General of the United States considers appropriate.
(7) Additional funding
In addition to the funds otherwise appropriated to the Account from the Trust Fund under paragraphs (3) and (4) and for purposes described in paragraphs (3)(C) and (4)(A), there are hereby appropriated an additional $10,000,000 to such Account from such Trust Fund for each of fiscal years 2011 through 2020. The funds appropriated under this paragraph shall be allocated in the same proportion as the total funding appropriated with respect to paragraphs (3)(A) and (4)(A) was allocated with respect to fiscal year 2010, and shall be available without further appropriation until expended.
In addition to the funds otherwise appropriated to the Account from the Trust Fund under paragraphs (3)(C) and (4)(A) and for purposes described in paragraphs (3)(C) and (4)(A), there are hereby appropriated to such Account from such Trust Fund the following additional amounts:
(i) For fiscal year 2011, $95,000,000.
(ii) For fiscal year 2012, $55,000,000.
(iii) For each of fiscal years 2013 and 2014, $30,000,000.
(iv) For each of fiscal years 2015 and 2016, $20,000,000.
(B) Allocation
The funds appropriated under this paragraph shall be allocated in the same proportion as the total funding appropriated with respect to paragraphs (3)(A) and (4)(A) was allocated with respect to fiscal year 2010, and shall be available without further appropriation until expended.
(Aug. 14, 1935, ch. 531, title XVIII, §1817, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 299 ; amended Pub. L. 90–248, title I, §169(a), Jan. 2, 1968, 81 Stat. 875 ; Pub. L. 92–603, title I, §132(d), Oct. 30, 1972, 86 Stat. 1361 ; Pub. L. 95–292, §5, June 13, 1978, 92 Stat. 315 ; Pub. L. 96–265, title III, §310(c), June 9, 1980, 94 Stat. 460 ; Pub. L. 97–123, §1(b), Dec. 29, 1981, 95 Stat. 1659 ; Pub. L. 98–21, title I, §§141(b), 142(b)(1), (2)(A), (3), (4), 154(b), title III, §341(b), Apr. 20, 1983, 97 Stat. 98 , 100, 101, 107, 135; Pub. L. 98–369, div. B, title III, §§2337(a), 2354(b)(2), title VI, §2663(j)(2)(F)(i), July 18, 1984, 98 Stat. 1091 , 1100, 1170; Pub. L. 99–272, title IX, §9213(b), Apr. 7, 1986, 100 Stat. 180 ; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095 ; Pub. L. 100–360, title II, §212(c)(3), July 1, 1988, 102 Stat. 741 ; Pub. L. 100–647, title VIII, §8005(a), Nov. 10, 1988, 102 Stat. 3781 ; Pub. L. 101–234, title II, §202(a), Dec. 13, 1989, 103 Stat. 1981 ; Pub. L. 101–508, title V, §5106(c), Nov. 5, 1990, 104 Stat. 1388–268 ; Pub. L. 103–296, title I, §108(c)(1), Aug. 15, 1994, 108 Stat. 1485 ; Pub. L. 104–191, title II, §201(b), Aug. 21, 1996, 110 Stat. 1993 ; Pub. L. 105–33, title IV, §4318, Aug. 5, 1997, 111 Stat. 392 ; Pub. L. 106–113, div. B, §1000(a)(6) [title III, §321(j)(1)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-366; Pub. L. 108–173, title VII, §736(a)(5), (6), title VIII, §801(d)(1), title IX, §900(e)(1)(D), Dec. 8, 2003, 117 Stat. 2355 , 2359, 2371; Pub. L. 109–171, title V, §5204, title VI, §6034(d)(2), Feb. 8, 2006, 120 Stat. 48 , 78; Pub. L. 109–432, div. B, title III, §303, Dec. 20, 2006, 120 Stat. 2992 ; Pub. L. 111–148, title VI, §6402(i), Mar. 23, 2010, 124 Stat. 760 ; Pub. L. 111–152, title I, §1303(a)(1), Mar. 30, 2010, 124 Stat. 1057 .)
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1), (2), (f)(1), and (k)(2)(C), is classified generally to Title 26, Internal Revenue Code. Subtitle F of such Code appears at section 6001 et seq. of Title 26.
Section 801(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (b)(2), is section 801(a) of Pub. L. 108–173, which is set out as a note under this section.
Sections 242(b) and 249(b) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (k)(2)(A)(ii), are sections 242(b) and 249(b) of Pub. L. 104–191, which are set out as notes under this section.
The Employee Retirement Income Security Act of 1974, referred to in subsec. (k)(2)(D), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 832 , as amended. Title I of the Act is classified generally to subchapter I (§1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.
2010-Subsec. (k)(3)(A)(i)(III). Pub. L. 111–148, §6402(i)(2)(A)(i), inserted "and" at the end.
Subsec. (k)(3)(A)(i)(IV). Pub. L. 111–148, §6402(i)(2)(A)(ii), substituted "for each fiscal year after fiscal year 2006" for "for each of fiscal years 2007, 2008, 2009, and 2010" and a period for "; and".
Subsec. (k)(3)(A)(i)(V). Pub. L. 111–148, §6402(i)(2)(A)(iii), struck out subcl. (V) which read as follows: "for each fiscal year after fiscal year 2010, the limit under this clause for fiscal year 2010."
Subsec. (k)(3)(A)(ii)(VIII). Pub. L. 111–148, §6402(i)(2)(B)(i), inserted "and" at the end.
Subsec. (k)(3)(A)(ii)(IX). Pub. L. 111–148, §6402(i)(2)(B)(ii), substituted "for each fiscal year after fiscal year 2007" for "for each of fiscal years 2008, 2009, and 2010" and a period for "; and".
Subsec. (k)(3)(A)(ii)(X). Pub. L. 111–148, §6402(i)(2)(B)(iii), struck out subcl. (X) which read as follows: "for each fiscal year after fiscal year 2010, not less than the amount required under this clause for fiscal year 2010."
Subsec. (k)(3)(B)(vii). Pub. L. 111–148, §6402(i)(2)(C)(i), inserted "and" at the end.
Subsec. (k)(3)(B)(viii). Pub. L. 111–148, §6402(i)(2)(C)(ii), substituted "for each fiscal year after fiscal year 2006" for "for each of fiscal years 2007, 2008, 2009, and 2010" and a period for "; and".
Subsec. (k)(3)(B)(ix). Pub. L. 111–148, §6402(i)(2)(C)(iii), struck out cl. (ix) which read as follows: "for each fiscal year after fiscal year 2010, the amount to be appropriated under this subparagraph for fiscal year 2010."
Subsec. (k)(4)(A). Pub. L. 111–152, §1303(a)(1)(B), inserted "for activities described in paragraph (3)(C) and" after "necessary".
Pub. L. 111–148, §6402(i)(1)(B), inserted "until expended" after "appropriation".
Subsec. (k)(4)(C)(ii). Pub. L. 111–148, §6402(i)(2)(D), added cl. (ii).
Subsec. (k)(7). Pub. L. 111–148, §6402(i)(1)(A), added par. (7).
Subsec. (k)(8). Pub. L. 111–152, §1303(a)(1)(A), added par. (8).
2006-Subsec. (k)(3)(A)(i). Pub. L. 109–432, §303(a)(1), in introductory provisions inserted "until expended" after "without further appropriation", in subcl. (II) struck out "and" at end, in subcl. (III) substituted "for each of fiscal years 2004, 2005, and 2006" for "for each fiscal year after fiscal year 2003" and semicolon for period at end, and added subcls. (IV) and (V).
Subsec. (k)(3)(A)(ii)(VI) to (X). Pub. L. 109–432, §303(a)(2), in subcl. (VI) struck out "and" at end, in subcl. (VII) substituted "for each of fiscal years 2003, 2004, 2005, and 2006" for "for each fiscal year after fiscal year 2002" and semicolon for period at end, and added subcls. (VIII) to (X).
Subsec. (k)(3)(B). Pub. L. 109–432, §303(b), in introductory provisions inserted "until expended" after "without further appropriation", in cl. (vi) struck out "and" at end, in cl. (vii) substituted "for each of fiscal years 2003, 2004, 2005, and 2006" for "for each fiscal year after fiscal year 2002" and semicolon for period at end, and added cls. (viii) and (ix).
Subsec. (k)(4)(A). Pub. L. 109–171, §6034(d)(2)(A), substituted "subparagraphs (B), (C), and (D)" for "subparagraph (B)".
Subsec. (k)(4)(B). Pub. L. 109–171, §5204(1), substituted "Subject to subparagraph (C), the amount" for "The amount" in introductory provisions.
Subsec. (k)(4)(C). Pub. L. 109–171, §5204(2), added subpar. (C).
Subsec. (k)(4)(D). Pub. L. 109–171, §6034(d)(2)(B), added subpar. (D).
2003-Subsec. (b). Pub. L. 108–173, §900(e)(1)(D), in fifth sentence of introductory provisions, substituted "Centers for Medicare & Medicaid Services" for "Health Care Financing Administration", and, in second sentence of concluding provisions, substituted "Chief Actuary of the Centers for Medicare & Medicaid Services" for "Chief Actuarial Officer of the Health Care Financing Administration".
Subsec. (b)(2). Pub. L. 108–173, §801(d)(1), inserted at end "Each report provided under paragraph (2) beginning with the report in 2005 shall include the information specified in section 801(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003."
Subsec. (k)(3)(A)(i)(I). Pub. L. 108–173, §736(a)(5)(A), substituted semicolon for comma at end.
Subsec. (k)(3)(A)(ii). Pub. L. 108–173, §736(a)(5)(B), substituted "the programs under this subchapter and subchapter XIX" for "the Medicare and medicaid programs" in introductory provisions.
Subsec. (k)(6)(B). Pub. L. 108–173, §736(a)(6), substituted "program under this subchapter" for "Medicare program under this subchapter".
1999-Subsec. (k)(2)(C)(i). Pub. L. 106–113 substituted "section 24(a)" for "section 982(a)(6)(B)".
1997-Subsec. (k)(6). Pub. L. 105–33 inserted "June 1, 1998, and" after "Not later than" in introductory provisions.
1996-Subsec. (k). Pub. L. 104–191 added subsec. (k).
1994-Subsec. (a). Pub. L. 103–296, §108(c)(1)(A), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services" wherever appearing.
Subsec. (b). Pub. L. 103–296, §108(c)(1)(B), inserted "the Commissioner of Social Security," after "composed of" in introductory provisions.
Subsec. (f)(1). Pub. L. 103–296, §108(c)(1)(C), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services" in two places.
1990-Subsec. (i). Pub. L. 101–508 inserted at end "The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding."
1989-Subsec. (b). Pub. L. 101–234 repealed Pub. L. 100–360, §212(c)(3), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below.
1988-Subsec. (b). Pub. L. 100–647 inserted after first sentence "A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member's term until the earlier of the time at which the member's successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member's term."
Pub. L. 100–360 inserted after sixth sentence "Such report shall also identify (and treat separately) those outlays from the Trust Fund which are also outlays from the Medicare Catastrophic Coverage Account created under section 1395t–2 of this title and those outlays for which there are amounts transferred into the Federal Hospital Insurance Catastrophic Coverage Reserve Fund."
1986-Subsec. (a)(1), (2). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
Subsec. (b). Pub. L. 99–272 struck out provision at end of penultimate sentence that certification shall not refer to economic assumptions underlying Trustee's report.
Subsec. (f)(1). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever appearing.
1984-Subsec. (a). Pub. L. 98–369, §2337(a), in provisions following par. (2) substituted "from time to time" for "monthly on the first day of each calendar month", "paid to or deposited into the Treasury" for "to be paid to or deposited into the Treasury during such month", and struck out provision that all amounts transferred to the Trust Fund under the preceding sentence had to be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund, and the Trust Fund had to pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsec. (c).
Subsec. (a)(1), (2). Pub. L. 98–369, §2663(j)(2)(F)(i), substituted "Health and Human Services" for "Health, Education, and Welfare" wherever appearing.
Subsec. (c). Pub. L. 98–369, §2354(b)(2), substituted "under chapter 31 of title 31" for "under the Second Liberty Bond Act, as amended".
Subsecs. (f)(1), (g), (h). Pub. L. 98–369, §2663(j)(2)(F)(i), substituted "Health and Human Services" for "Health, Education, and Welfare" wherever appearing.
1983-Subsec. (a). Pub. L. 98–21, §141(b)(1)(A), in provisions following par. (2) substituted "monthly on the first day of each calendar month" for "from time to time", substituted "to be paid to or deposited into the Treasury during such month" for "paid to or deposited into the Treasury", and inserted provision that all amounts transferred to the Trust Fund under existing provisions shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on Jan. 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (c).
Subsec. (b). Pub. L. 98–21, §341(b)(1), substituted in provisions preceding par. (1) "Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate" for "Secretary of Health, Education, and Welfare, all ex officio".
Pub. L. 98–21, §154(b), inserted at end provision that the report referred to in par. (2) shall also include an actuarial opinion by the Chief Actuarial Officer of the Health Care Financing Administration certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable and provided further that the certification shall not refer to economic assumptions underlying the Trustee's report.
Pub. L. 98–21, §341(b)(2), inserted at end provision that a person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Fund.
Subsec. (j)(1). Pub. L. 98–21, §142(b)(1), substituted reference to January 1988 for reference to January 1983 and inserted ", subject to paragraph (5)," after "may".
Subsec. (j)(2). Pub. L. 98–21, §142(b)(2)(A), substituted "on the last day of each month after such loan is made" for "from time to time", substituted "the total interest accrued to such day" for "interest", and inserted "(even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan)".
Subsec. (j)(3)(A). Pub. L. 98–21, §142(b)(3), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (j)(5). Pub. L. 98–21, §142(b)(4), added par. (5).
1981-Subsec. (j). Pub. L. 97–123 added subsec. (j).
1980-Subsec. (i). Pub. L. 96–265 added subsec. (i).
1978-Subsec. (b). Pub. L. 95–292 substituted "Administrator of the Health Care Financing Administration" for "Commissioner of Social Security" in provisions preceding par. (1).
1972-Subsec. (a). Pub. L. 92–603 inserted "such gifts and bequests as may be made as provided in section 401(i)(1) of this title, and" after "consist of" and before "such amounts" in provisions preceding par. (1).
1968-Subsec. (b)(2). Pub. L. 90–248 substituted "April" for "March".
Pub. L. 106–113, div. B, §1000(a)(6) [title III, §321(j)(2)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-366, provided that: "The amendment made by this subsection [amending this section] shall take effect as if included in the amendment made by section 201 of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1992)."
Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Amendment by Pub. L. 101–508 applicable with respect to determinations made on or after July 1, 1991, and to reimbursement for travel expenses incurred on or after Apr. 1, 1991, see section 5106(d) of Pub. L. 101–508, set out as a note under section 401 of this title.
Amendment by Pub. L. 101–234 effective Jan. 1, 1990, see section 202(b) of Pub. L. 100–234, set out as a note under section 401 of this title.
Amendment by Pub. L. 100–647 applicable to members of Board of Trustees of Federal Hospital Insurance Trust Fund serving on such Board as members of the public on or after Nov. 10, 1988, see section 8005(b) of Pub. L. 100–647, set out as a note under section 401 of this title.
Pub. L. 98–369, div. B, title III, §2337(b), July 18, 1984, 98 Stat. 1091 , provided that: "The amendments made by subsection (a) [amending this section] shall become effective on the first day of the month following the month in which this Act is enacted [July 1984]."
Amendment by section 2354(b)(2) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2354(e)(1) of Pub. L. 98–369, set out as a note under section 1320a–1 of this title.
Amendment by section 2663(j)(2)(F)(i) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.
Amendment by section 141(b) of Pub. L. 98–21 effective on first day of month following April 1983, see section 141(c) of Pub. L. 98–21, set out as a note under section 401 of this title.
Pub. L. 98–21, title I, §142(b)(2)(B), Apr. 20, 1983, 97 Stat. 101 , provided that: "The amendment made by this paragraph [amending this section] shall apply with respect to months beginning more than 30 days after the date of enactment of this Act [Apr. 20, 1983]."
Amendment by sections 154(b) and 341(b) of Pub. L. 98–21 effective Apr. 20, 1983, see sections 154(e) and 341(d) of Pub. L. 98–21, set out as notes under section 401 of this title.
Amendment by Pub. L. 97–123 effective Dec. 29, 1981, see section 1(c) of Pub. L. 97–123, set out as a note under section 401 of this title.
Amendment by Pub. L. 92–603 applicable with respect to gifts and bequests received after Oct. 30, 1972, see section 132(f) of Pub. L. 92–603, set out as a note under section 401 of this title.
Restoration of Medicare Trust Funds
"(a) Definitions.-In this section:
"(1) Clerical error.-The term 'clerical error' means a failure that occurs on or after April 15, 2001, to have transferred the correct amount from the general fund of the Treasury to a Trust Fund.
"(2) Trust fund.-The term 'Trust Fund' means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t).
"(b) Correction of Trust Fund Holdings.-
"(1) In general.-The Secretary of the Treasury shall take the actions described in paragraph (2) with respect to the Trust Fund with the goal being that, after such actions are taken, the holdings of the Trust Fund will replicate, to the extent practicable in the judgment of the Secretary of the Treasury, in consultation with the Secretary [of Health and Human Services], the holdings that would have been held by the Trust Fund if the clerical error involved had not occurred.
"(2) Obligations issued and redeemed.-The Secretary of the Treasury shall-
"(A) issue to the Trust Fund obligations under chapter 31 of title 31, United States Code, that bear issue dates, interest rates, and maturity dates that are the same as those for the obligations that-
"(i) would have been issued to the Trust Fund if the clerical error involved had not occurred; or
"(ii) were issued to the Trust Fund and were redeemed by reason of the clerical error involved; and
"(B) redeem from the Trust Fund obligations that would have been redeemed from the Trust Fund if the clerical error involved had not occurred.
"(c) Appropriation.-There is appropriated to the Trust Fund, out of any money in the Treasury not otherwise appropriated, an amount determined by the Secretary of the Treasury, in consultation with the Secretary, to be equal to the interest income lost by the Trust Fund through the date on which the appropriation is being made as a result of the clerical error involved.
"(d) Congressional Notice.-In the case of a clerical error that occurs after April 15, 2001, the Secretary of the Treasury, before taking action to correct the error under this section, shall notify the appropriate committees of Congress concerning such error and the actions to be taken under this section in response to such error.
"(e) Deadline.-With respect to the clerical error that occurred on April 15, 2001, not later than 120 days after the date of the enactment of this Act [Dec. 8, 2003]-
"(1) the Secretary of the Treasury shall take the actions under subsection (b)(1); and
"(2) the appropriation under subsection (c) shall be made."
Inclusion in Annual Report of Medicare Trustees of Information on Status of Medicare Trust Funds
Pub. L. 108–173, title VIII, §801, Dec. 8, 2003, 117 Stat. 2357 , provided that:
"(a) Determinations of Excess General Revenue Medicare Funding.-
"(1) In general.-The Board of Trustees of each medicare trust fund shall include in the annual reports submitted under subsection (b)(2) of sections 1817 and 1841 of the Social Security Act (42 U.S.C. 1395i and 1395t)-
"(A) the information described in subsection (b); and
"(B) a determination as to whether there is projected to be excess general revenue medicare funding (as defined in subsection (c)) for the fiscal year in which the report is submitted or for any of the succeeding 6 fiscal years.
"(2) Medicare funding warning.-For purposes of section 1105(h) of title 31, United States Code, and this subtitle [subtitle A (§§801–804) of title VIII of Pub. L. 108–173, amending this section, section 1395t of this title, and section 1105 of Title 31, Money and Finance, and enacting provisions set out as a note under section 1105 of Title 31], an affirmative determination under paragraph (1)(B) in 2 consecutive annual reports shall be treated as a medicare funding warning in the year in which the second such report is made.
"(3) 7-fiscal-year reporting period.-For purposes of this subtitle, the term '7-fiscal-year reporting period' means, with respect to a year in which an annual report described in paragraph (1) is made, the period of 7 consecutive fiscal years beginning with the fiscal year in which the report is submitted.
"(b) Information.-The information described in this subsection for an annual report in a year is as follows:
"(1) Projections of growth of general revenue spending.-A statement of the general revenue medicare funding as a percentage of the total medicare outlays for each of the following:
"(A) Each fiscal year within the 7-fiscal-year reporting period.
"(B) Previous fiscal years and as of 10, 50, and 75 years after such year.
"(2) Comparison with other growth trends.-A comparison of the trend of such percentages with the annual growth rate in the following:
"(A) The gross domestic product.
"(B) Private health costs.
"(C) National health expenditures.
"(D) Other appropriate measures.
"(3) Part d spending.-Expenditures, including trends in expenditures, under part D of title XVIII of the Social Security Act [42 U.S.C. 1395w–101 et seq.], as added by section 101.
"(4) Combined medicare trust fund analysis.-A financial analysis of the combined medicare trust funds if general revenue medicare funding were limited to the percentage specified in subsection (c)(1)(B) of total medicare outlays.
"(c) Definitions.-For purposes of this section:
"(1) Excess general revenue medicare funding.-The term 'excess general revenue medicare funding' means, with respect to a fiscal year, that-
"(A) general revenue medicare funding (as defined in paragraph (2)), expressed as a percentage of total medicare outlays (as defined in paragraph (4)) for the fiscal year; exceeds
"(B) 45 percent.
"(2) General revenue medicare funding.-The term 'general revenue medicare funding' means for a year-
"(A) the total medicare outlays (as defined in paragraph (4)) for the year; minus
"(B) the dedicated medicare financing sources (as defined in paragraph (3)) for the year.
"(3) Dedicated medicare financing sources.-The term 'dedicated medicare financing sources' means the following:
"(A) Hospital insurance tax.-Amounts appropriated to the Hospital Insurance Trust Fund under the third sentence of section 1817(a) of the Social Security Act (42 U.S.C. 1395i(a)) and amounts transferred to such Trust Fund under section 7(c)(2) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(c)(2)).
"(B) Taxation of certain oasdi benefits.-Amounts appropriated to the Hospital Insurance Trust Fund under section 121(e)(1)(B) of the Social Security Amendments of 1983 (Public Law 98–21) [set out as a note under section 401 of this title], as inserted by section 13215(c) of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66).
"(C) State transfers.-The State share of amounts paid to the Federal Government by a State under section 1843 of the Social Security Act (42 U.S.C. 1395v) or pursuant to section 1935(c) of such Act [42 U.S.C. 1396u–5(c)].
"(D) Premiums.-The following premiums:
"(i) Part a.-Premiums paid by non-Federal sources under sections 1818 and section [sic] 1818A (42 U.S.C. 1395i–2 and 1395i–2a) of such Act.
"(ii) Part b.-Premiums paid by non-Federal sources under section 1839 of such Act (42 U.S.C. 1395r), including any adjustments in premiums under such section.
"(iii) Part d.-Monthly beneficiary premiums paid under part D of title XVIII of such Act [42 U.S.C. 1395w–101 et seq.], as added by section 101, and MA monthly prescription drug beneficiary premiums paid under part C of such title [42 U.S.C. 1395w–21 et seq.] insofar as they are attributable to basic prescription drug coverage.
Premiums under clauses (ii) and (iii) shall be determined without regard to any reduction in such premiums attributable to a beneficiary rebate under section 1854(b)(1)(C) of such title [42 U.S.C. 1395w–24(b)(1)(C)], as amended by section 222(b)(1), and premiums under clause (iii) are deemed to include any amounts paid under section 1860D–13(b) of such title [42 U.S.C. 1395w–113(b)], as added by section 101.
"(E) Gifts.-Amounts received by the medicare trust funds under section 201(i) of the Social Security Act (42 U.S.C. 401(i)).
"(4) Total medicare outlays.-The term 'total medicare outlays' means total outlays from the medicare trust funds and shall-
"(A) include payments made to plans under part C of title XVIII of the Social Security Act [42 U.S.C. 1395w–21 et seq.] that are attributable to any rebates under section 1854(b)(1)(C) of such Act (42 U.S.C. 1395w–24(b)(1)(C)), as amended by section 222(b)(1);
"(B) include administrative expenditures made in carrying out title XVIII of such Act [42 U.S.C. 1395 et seq.] and Federal outlays under section 1935(b) of such Act [42 U.S.C. 1396u–5(b)], as added by section 103(a)(2); and
"(C) offset outlays by the amount of fraud and abuse collections insofar as they are applied or deposited into a medicare trust fund.
"(5) Medicare trust fund.-The term 'medicare trust fund' means-
"(A) the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i); and
"(B) the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t), including the Medicare Prescription Drug Account under such Trust Fund.
"(d) Conforming Amendments.-
"(1) Federal hospital insurance trust fund [Amended section 1395i of this title].
"(2) Federal supplementary medical insurance trust fund [Amended section 1395t of this title].
"(e) Notice of Medicare Funding Warning.-Whenever any report described in subsection (a) contains a determination that for any fiscal year within the 7-fiscal-year reporting period there will be excess general revenue medicare funding, Congress and the President should address the matter under existing rules and procedures."
Criminal Fines Deposited in Federal Hospital Insurance Trust Fund
Pub. L. 104–191, title II, §242(b), Aug. 21, 1996, 110 Stat. 2016 , provided that: "The Secretary of the Treasury shall deposit into the Federal Hospital Insurance Trust Fund pursuant to section 1817(k)(2)(C) of the Social Security Act (42 U.S.C. 1395i) an amount equal to the criminal fines imposed under section 1347 of title 18, United States Code (relating to health care fraud)."
Property Forfeited Deposited in Federal Hospital Insurance Trust Fund
Pub. L. 104–191, title II, §249(c), Aug. 21, 1996, 110 Stat. 2020 , provided that:
"(1) In general.-After the payment of the costs of asset forfeiture has been made and after all restoration payments (if any) have been made, and notwithstanding any other provision of law, the Secretary of the Treasury shall deposit into the Federal Hospital Insurance Trust Fund pursuant to section 1817(k)(2)(C) of the Social Security Act [42 U.S.C. 1395i(k)(2)(C)], as added by section 301(b), an amount equal to the net amount realized from the forfeiture of property by reason of a Federal health care offense pursuant to section 982(a)(6) of title 18, United States Code.
"(2) Costs of asset forfeiture.-For purposes of paragraph (1), the term 'payment of the costs of asset forfeiture' means-
"(A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited, or of any other necessary expenses incident to the seizure, detention, forfeiture, or disposal of such property, including payment for-
"(i) contract services;
"(ii) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and
"(iii) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this subparagraph;
"(B) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Health Care Fraud and Abuse Control Account;
"(C) the compromise and payment of valid liens and mortgages against property that has been forfeited, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary;
"(D) payment authorized in connection with remission or mitigation procedures relating to property forfeited; and
"(E) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order.
"(3) Restoration payment.-Notwithstanding any other provision of law, if the Federal health care offense referred to in paragraph (1) resulted in a loss to an employee welfare benefit plan within the meaning of section 3(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1002(1)], the Secretary of the Treasury shall transfer to such employee welfare benefit plan, from the amount realized from the forfeiture of property referred to in paragraph (1), an amount equal to such loss. For purposes of paragraph (1), the term 'restoration payment' means the amount transferred to an employee welfare benefit plan pursuant to this paragraph."
Due Date for 1983 Report on Operation and Status of Trust Fund
Notwithstanding subsec. (b)(2) of this section, the annual report of the Board of Trustees of the Trust Fund required for calendar year 1983 under this section may be filed at any time not later than forty-five days after Apr. 20, 1983, see section 154(d) of Pub. L. 98–21, set out as a note under section 401 of this title.
1 So in original. See 2003 Amendment note below.


Q: GEORGE, WILL YOU EXPLAIN WHAT THE IGF IN DEER ANTLER DOES FOR THE BODY?
A: Insulin-like Growth Factor 1 and Insulin-like Growth Factor 2 (IGF 1 and IGF 2) have an anabolic affect, which means that they can cause tissue to grow. These are small proteins called peptides that stimulate the nuclear DNA to create new proteins.
Insulin, the hormone released by the pancreas to help metabolize sugar is also anabolic. So, insulin is also involved in the creation of new tissue in your body. IGF 1 is so chemically similar in structure that it can actually occupy the receptor sites in the body that insulin would attach to. This helps the body burn fat as a source of nutrients instead of sugar.
Body-builders love growth factors because they help maintain lean muscle mass.
The IGF in Deer Antler is only one component of the herb that can be very useful in the treatment of autism and many other issues.
A: Thousands of years ago, Deer Antler was reserved for the imperial family. Only the ruling classes could consume it…like everything else that was good in life at that time.
In Traditional Chinese Medicine, Deer Antler belongs to a class of herbs called Super Tonics. Super Tonics are like superfoods. They are whole-food nutritional supplements.
Q: How are the deer antlers harvested?
We had always heard that the animals were treated humanely and they were not harmed, but I wanted to be absolutely sure that this was the case. My business partner, John Bonds traveled to New Zealand last year to observe the process first hand. The reason we use ONLY New Zealand antler is because he verified the absolutely humane harvesting practices there.
The animals roam free all of the year long except for the time of the harvesting. They are then brought to the enclosures and each animal is put into a pen. At the base of the antler they are given a numbing injection and the antlers are painlessly removed using the same kind of surgical saw a surgeon would use in an operating room to cut bone, but at this stage the antlers are softer than bone so the process is much quicker. This whole process takes about ten minutes or less.
The animals are released back into the huge parkland immediately after the procedure. They exhibit no trauma at all.
As for not having the antlers, you must understand that if the antlers were allowed to remain and calcify into bone, they would be used for their traditional use, which is fighting. Many of these animals would injure one another during the mating season if they had mature bony antlers. So, they are actually protected by the harvesting process.
Unfortunately, there is no substitute in the plant kingdom for what Deer Antler does; it is a truly unique and miraculous substance.
I have had hundreds of vegans take the antler with great results and they understood that they were using an ethically harvested and sustainable resource.
Deer Antler is the only mammalian organ that regenerates every year. The antlers begin their growth in the springtime and at the end of the mating season in the fall; they actually drop off.
We use the antler that is called "in velvet." It hasn't turned to bone yet. If the antler continues its growth process it becomes completely calcified, and it's more of a horn.
Bucks use it for fighting.
If you harvest the antler during the growing process, you get all of the nutrients that the body is producing to drive antler growth.
This antler is very humanely processed. The animals are never harmed and their antlers grow back.
Deer Antler also belongs to a group of herbs known asadaptogens. This means that it can normalize any bodily functions that are out of balance.
It enters your kidney and the liver meridians. Your kidneys store your "jing" or your essence. This is like nuclear energy-- energy that is so concentrated and stored that you release it a little bit at a time every day to drive all of the forces of your body.
When I speak about the kidneys, I am not talking about your kidney organs themselves. I am talking about your kidney energy. This may also include your spinal cord and even your brain.
You always want your body to produce what it needs for itself. The body is such an incredibly sophisticated and smart system. If you do something for your body that your body usually does for itself, your body will stop doing it.
Instead, you want to provide your body with "building blocks." You want to make sure that you have all of the nutrients, raw materials, and necessary components that your body needs to create with. That includes the growth hormones.
The interesting thing about growth hormones in the human body is that they begin to decline rapidly after the age of 20.
Q: WHAT ARE SOME OF THOSE BUILDING BLOCKS THAT DEER ANTLER PROVIDES?
This is a protein substance in the fibers of your skin, bone, tendons, cartilage and all of your connective tissues that gives elasticity and fluidity to your joints and tissues (note: another form of Collagen, Collagen Type 1, can actually decrease Collagen Type 2).
Chondroitin Sulfates and Glucosamine Sulfates: Popular anti-aging substances. These help form the proteoglycans to produce collagen.
Proteoglycans: complex of proteins and polysaccharides. Polysaccharides are long chain sugars that the immune system uses to activate itself. (In medicinal mushrooms the polysaccharides are called beta glucans).
Glycose Aminoglycans (GAG): Another component of proteoglycans. They are important because the character of the cartilage as well as the process of converting cartilage to bone requires proteoglycans.
Ectosaponins: The substance found in nature that allows lizard tails and starfish arms to completely regenerate if they fall off.
Nerve Growth Factor (NGF): Helps regenerate spinal nerves and repair brain injury.
Q: WHO BENEFITS FROM DEER ANTLER?
A: Anyone can benefit from it. But, you always have to maintain that Yin/Yang balance in your body. Deer Antler is an herb that we classify as very "Yang". In prescribing it for someone, I would take a look at where they are constitutionally.
On the continuum of Yin and Yang, someone who is very "Yin" would be someone who is cold, blood-deficient, pale-skinned, weak-voiced and fatigued all the time. A person with a very "Yang" constitution is someone who is very robust, with a loud voice and a ruddy reddish complexion.
Deer Antler wouldn't be prescribed for someone who is very Yang. But, it would be great for someone in the middle or more on the Yin end of the continuum. This includes anyone over the age of 25, or if you are ill, weak or fatigued.
When cancerous tumors form, they secrete an enzyme that degrades connective tissues so that they can access a blood supply, and grow faster. But if you keep the connective tissue really strong, the tumors don't have the ability to break through. So they continue to be contained. They then can be eliminated or removed without spreading throughout the body.
I had a client who was so severely anemic that they were going to transfuse her. And, I made her a concoction of Deer Antler and other herbs. All she needed was a one-month's supply. Her blood levels went right back up and never dropped again. So Deer Antler is also really good at stimulating the bone marrow to produce red blood cells.
For those of you using Body Ecology to heal your children from autism, I believe that adding Deer Antler can enhance their healing.
Q: WHAT IS THE BEST WAY TO TAKE DEER ANTLER?
A: A liquid extract is the best! This is the only way to ensure that you can obtain the active ingredients. And, you will want to do a whole, food-based extract.
Some companies will increase the IGF 1.
But in its whole-food form, your body knows how to use the ingredients in it.
It's not like using a synthetic substance. Synthetics may be a thousand times stronger than what occurs in nature, but your body has no idea what to do with them.
A dropper-full per day is a good dosage for a child with delayed development.
2-3 droppers-full per day for adults.
A: The only time you should not take this herb is when you have a fever. Also, do take care and be cautious if you are prone to nose bleeds, because Deer Antler has an "ascending" energy. There are no real cautions, however. It is a very safe substance to take daily, and even combine with other herbs.
Deer Antler is not traditionally used in healthy, growing children because we want their bodies to continue to grow and thrive on their own. Of course, once you turn 25, and you are no longer growing rapidly – it is fine to take Deer Antler every day. I've never come across negative side effects in all of the years we've been using Deer Antler.


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2021 Holiday List
A Conversation on the Crisis of Climate Feedback Loops January 10, 2021 Thekchen Chöling, Dharamsala, HP, India –
Congratulating Nancy Pelosi January 4, 2021 Thekchen Chöling, Dharamsala, HP, India –
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News from Tibet.net
CTA mourns death of Tibetan self-immolator Shurmo. Total known self-immolations in Tibet reach 155
After the US enactment of Tibetan Policy and Support Act, Indo-Tibetan Friendship Association urges India to renew its Tibet policy
His Holiness converses with Harvard Business School Professor on Leadership & Happiness
Representative Tashi Phuntsok briefs Belgian MP Cogolati on Tibetan Policy and Support Act and Reciprocal Access to Tibet Act
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US Special Coordinator for Tibetan Issues Robert Destro interacts with Tibetan female journalists
His Holiness the Dalai Lama Attends the Tibetan Homes Foundation Golden Jubilee and Speaks at Wynberg Allen School
Editor | April 30, 2014 |
OHHDL
Mussoorie, India, 17 September 2012 – His Holiness the Dalai Lama was the Chief Guest at the Tibetan Homes Foundation (THF) Golden Jubilee celebrations in Happy Valley, Mussoorie today. Heavy rain from early in the morning had left the ground wet, which did nothing to prevent the stirring display as teams of students from the various houses of the Tibetan Homes Foundation, Happy Valley, local satellite schools like Rajpur and Rishikesh and others from the Central School for Tibetans (CST) in Happy Valley marched past to the beat of drums. Once all had filed onto the ground, spectators stood to join them in singing first the Indian and then the Tibetan National Anthems.
The General Secretary (THF) welcomed His Holiness and read his report, followed by that of the Principal (CST). Students then performed songs and dances typical of the three provinces of Tibet. His Holiness released the Golden Jubilee souvenir book, telling the audience that the photograph of himself with Pandit Nehru on the cover was taken nearby, outside Birla House, where he was staying in April 1959.
Mr Helmut Kutin, former President of SOS Kinderdorf, long time supporters of the Tibetan Homes Foundation, OP Unyal, Chairman of the Mussoorie City Board and Ganesh Joshi, local MLA, all spoke before His Holiness was invited to address the students, staff and friends of the school. He began, "Today, when we are celebrating the 50th anniversary, everything has gone very well and I'd like to thank all of you have contributed to this occasion. The Homes Foundation has asked us all not to lose hope, but to keep our homeland in mind, which is very good advice.
"Our Indian friends have spoken warmly about the longstanding good relations between India and Tibet, a connection that is neither economic nor military, but a relation that exits between Guru and Chela. As one of our scholars remarked the Land of Snow may have been white in colour, but until the light of wisdom came from India, it was dark in Tibet. In the 7th and 8th centuries great Indian masters like Shantarakshita, his disciple Kamalashila , who were great philosophers and logicians, and Padmasambhava came and taught in Tibet.
"These days, it seems a lot of people seem to think Buddhism is only about prayer, when it is actually about study and maturing the mind. In order to practise you have to take account of reality, both of the external world and especially the inner world. And today, while we learn from science, scientists are learning about the mind from us.
"On an individual level we can derive benefit from Tibetan Buddhist culture by learning to control our emotions. When we face trouble we can tackle it with peace of mind. This is what makes our heritage so valuable and what we can be proud about."
His Holiness said that since he has devolved his political responsibilities to an elected leadership he doesn't have much to say about the political situation in Tibet. However, as he remarked at Woodstock School yesterday, if we look at the situation in Tibet on its own it looks grim, but if we take a broader perspective there's still room for hope.
"The trouble in Tibet is that uninvited guests arrived armed with guns and other weapons and set themselves up there. Despite Tibet having its own system of administration and economic management, they dismissed everything we did as backward, to the extent that they would almost try to teach us how to eat tsampa. They do not take a broad view, seeking really only to control Tibet. On the other hand, when they understand the situation, many Chinese intellectuals support our position, while the increasing numbers of Chinese Buddhists are taking a sympathetic interest in Tibetan Buddhism. In Tibet spirits are high and we in exile are free. Tashi delek."
After lunch, His Holiness viewed a photo exhibition covering the 50 years of the Tibetan Homes Foundation and met with sponsors and friends from abroad, who he thanked on behalf of the Tibetan people for their support for this project to preserve Tibet's identity and culture by educating its children.
His Holiness was welcomed to Wynberg Allen School by the Principal who introduced him to the audience of students and staff, thanking him for taking time to come despite the school having been late to invite him. His Holiness responded, "Brothers and sisters, young brothers and sisters, you mentioned your invitation being late, but it wasn't a problem because I am always keen to meet young people.
"Time is always moving on and no force can stop it. My own generation, people over 60 or 70 belong to the twentieth century, which is now over and gone. People like these who are less than 20 years old truly belong to the twenty-first century. They will shape the future.
"The twentieth century was an era of unparalleled bloodshed, during which some say 200 million died through violence. If we are to make this century more peaceful, we won't do it by prayer alone, we have to take action. The reality is that the future of our world is in our human hands. Whether it turns out to be a happy or miserable time depends on this twenty-first century generation. I hope your efforts will produce a good result, but my generation won't be there to see it. However, this is why I'm always happy to meet young people."
His Holiness mentioned several factors that are a cause for worry: the huge and growing gap between rich and poor, the continuing prevalence of corruption and violence on a domestic as well as national and international level. He said, "Something's wrong." He went on to suggest that we are not trouble-makers when we are born, and that we are naturally gentle. It seems that those who receive love and affection when they are young tend to grow up to be calm and attentive to the needs of others, His Holiness thought they probably study better and enjoy better health too . However, those who have little concern for others tend to be fraught with suspicion, mistrust and ultimately loneliness. This is contrary to human nature because we are social animals.
"In order to lead a meaningful life, you need to cherish others, pay attention to human values and try to cultivate inner peace."
One of the students asked what we can do to contribute to world peace and His Holiness responded that sometimes the task seems so big that no one can tackle it. And yet as violence is a man-made problem, it should be possible for people to put a stop to it. Not all of the 7 billion human beings alive today are suddenly going to work for peace, but a beginning can be made on an individual level. As an example of how individuals can make a difference he mentioned the Buddha who began by teaching only five people; they passed his message on and it grew.
Another student asked how to achieve peace of mind. His Holiness advised, "I am a Buddhist who is critical of the present state of Buddhist practice, which is often too involved with ceremony and ritual. The proper practice is to use our human intelligence to transform our emotions. I am a human being, I also experience destructive emotions, but the only difference is that I use my intelligence to discriminate which of my emotions is helpful and which is harmful. I then try to restrain the harmful and increase those that are helpful and this gives me peace of mind.
A final student asked what inner peace means and His Holiness jokingly replied,
"Inner peace is inner peace! To have peace of mind is to be not only physically relaxed, but completely relaxed on a mental level too; not dull, but fully alert. When something negative occurs, if you focus on that alone, it seems to be entirely negative, but if you are sufficiently at ease to be able to look at it from a broader perspective, you may be able to see some positive side to it and this brings inner strength, reduces fear and anxiety. When you have inner peace, your mind remains unruffled whatever happens. The important thing is to deal with the trouble makers within our own minds."
Tomorrow His Holiness will give a brief explanation of the verse for taking refuge and generating the awakening mind of Bodhichitta to the Tibetan Homes Foundation students before returning to Dharamsala.
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Original and rare from the 80´s Santa Cruz Corey O'Brien skateboard deck. The item "Vintage original Santa Cruz Corey O'Brien skateboard deck skull very rare NO RES" is in sale since Monday, December 19, 2016. This item is in the category "Sporting Goods\Outdoor Sports\Skateboarding & Longboarding\Skateboard Parts\Decks".
The seller is "yesterdayarts" and is located in Valencia. This item can be shipped worldwide.


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Home THOMAS NELSON
Thomas Nelson is a bassist and vocalist currently located in the Niagara Region. He has performed in clubs, concert halls and festivals across Canada, Europe and the U.S., including many CBC television and radio shows.
Throughout a five decade career, he's performed with some of the best in the business on stage and in the recording studio. As bassist in the late Colleen Peterson's band he opened nine evenings at Toronto's Massey Hall for Canadian singer-songwriter Gordon Lightfoot. Thomas has performed alongside top Canadian artists like Toney Springer (Wild T), Rick Taylor, Willie P. Bennet, and Mark Haines to name a few.
As bandleader for seven years, he's had the distinct honour and pleasure of contracting numerous talented local musicians from the Golden Horseshoe The Thomas Nelson Band has performed for audiences in packed local venues, including the TD Niagara Jazz Festival, with Brad Krauss, Randy Stirtzinger, Stan Szymkow and Graham Lear.
Thomas' strong 'in the pocket' bass style combined with his sassy vocal delivery of songs from the Blues, Funk, Jazz, RnB and Soul, song books is unique, fun and entertaining.
EVENT: Twilight Jazz and Blooz Series: January Blues featuring the Thomas Nelson Trio
VENUE: Spirit in Niagara Distillery (458 Lakeshore Rd, Niagara-on-the-Lake, ON)
PRICE: In Advance: $39 + HST; At the Door: $49 + HST; Musicians/Arts Workers/Students: $19 + HST
Click here for event details


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Customize Your FMX Site
Account/Admin Settings
Changing Date Format to dd/mm/yy
Follow these directions to change your date format in Chrome to dd/mm/yy:
1. Open a new Chrome browser. At the top right hand of the page, click the 3 vertical dots. Once you see the drop-down box, select "settings".
2. Once in Settings, scroll to the bottom and select "Advanced" to find other options.
3. After selecting "Advanced" scroll down to locate the "Language" section. Click the down arrow to the right of "Language (English, United States)".
4. Your preferences will appear below Language as a list. Select the "Add language" button to select a different Language.
5. A search engine will appear where you can then search for "English". Select the last option "English (United Kingdom)" and click "ADD" at the bottom.
6. "English (United Kingdom)" will now appear as an option on the preference list. Select the 3 vertical dots to the right of "English (United Kingdom)". Another box will appear where you can select "Display Google Chrome in this Language".
7. The date will now appear in the dd/mm/yy format within your FMX site!
Follow these directions to change your date format in Mozilla Firefox to dd/mm/yy:
1. Open a new Firefox browser. At the top right hand of the page, click the 3 vertical lines. Once you see the drop-down box, select "Options".
2. Once in the "Options" setting, scroll down to locate the Language preferences and click the "Choose" button on the right.
3. A search engine will appear where you can then search for "English". Select the last option "English /United Kingdom [en-gb]" and click "OK" at the bottom.
4."English /United Kingdom [en-gb]" will now appear in your Languages preferences at the top. Select it and click "OK" at the bottom.
Follow these directions to change your date format in Internet Explorer to dd/mm/yy:
1. Open a new Internet Explorer browser. At the top right hand of the page, click the gear icon left of the smiley face. Once you see the drop-down box, select "Internet options".
2. Once in the "Internet options" setting, scroll down to locate the Appearance section and click "Language".
3. A language preference box will then pop up. Click "Set Language Preferences".
4. To add a new language, select "Add a language".
5. A search engine will appear where you can then search for "English". Double click the "English" box.
6. Once in the English section, select the "English (United Kingdom)" box.
7. "English (United Kingdom)" will now appear as a Language option. Select it and click the "Move up" button to make it the Default language.
Administrator Training Video - Creating an Instruction Set for a Planned Maintenance Task
Branding Your FMX Site
Bulk Importing Data (General Overview)
How to become an FMXpert - Reporting Dashboards & Custom Dashboards
How to Create Formula Custom Fields with Examples


text:
Search for homes in United Arab Emirates
RE/MAX TOP NEOM
+9714 358 0000 Show...
topneom@remax.ae
RE/MAX TOP NEOM Office 110, Makateb Building, Port Saeed,
Deira, Dubai, United Arab Emirates
All Homes and Real Estate For Rent and For Sale in United Arab Emirates
About UAE
Are you traveling to the United Arab Emirates (UAE) soon? UAE is a federation of 7 emirates, with Abu Dhabi as its capital, lying on the Arabian Peninsula and sharing borders with Oman and Saudi Arabia. It covers an area of 83,600 km² and has a population of about 10 million as of 2022.
UAE is a highly attractive country to live in. From its inception as just a hot desert to its remarkable transformation as the city of the future; UAE has become one of the fastest developing nations and the number one country in the Arab World. This is thanks to the incomparable quality of life it offers from excellent medical facilities, highly developed infrastructure to modern accommodation, high-quality education, and more. One of its unique and highly attractive benefits is that it's a tax-free country that is also known for its low crime rate. UAE is also economically stable with the Dirham showing stability over the years as reflected in its national economy.
UAE welcomes expats from all over the world to the extent that they represent about 80% of the population, with 200 nationalities living together and influencing each other. That is why UAE has become a multicultural country. Many foreigners come to UAE for work as it offers some of the best employment opportunities in the world with attractive salaries and a tax-free environment.
Taking a closer look at the real estate sector in UAE, it is considered one of the most important sectors that led to its economic growth. UAE encourages foreign investment by enabling foreigners to buy a property in specific areas called "Freehold Areas" whereby they can enjoy the property's full ownership, the tax-free system, and can also obtain a UAE residency visa. For those reasons, investors come from all over the world to invest in the real estate market for the benefits UAE offers.
The seven Emirates are:
Umm Al Quwainbai
If you're asking why is Dubai the number one city in the UAE? Here is the answer! Dubai is the largest and most popular city in the UAE and is considered one of the fastest-growing global cities in the world. It offers high-class infrastructure and high quality lifestyle. Unlike other cities around the world, Dubai is a tax-free city that does not impose taxes on anyone who is employed, running his own business, or investing in real estate. In addition, Dubai is known for its top healthcare services, educational facilities, and provides many attractive job opportunities with high salaries. You will find private and international schools that offer British and American Curricula for your children. You will also live in a safe environment as the crime rate in the city is relatively low.
Besides that, Dubai has many popular and attractive areas among residents and foreigners, including Business Bay, Dubai Marina, Dubailand, Downtown Dubai, and Palm Jumeirah. All these areas are known for some of the world's top landmarks, historical places, and luxurious hotels that attract many tourists. When in Dubai one can enjoy their time on a desert safari, go shopping at Dubai Mall, the largest shopping mall in Dubai, or visit Burj Khalifa, the tallest building in the world.
As Dubai developed into a global hub for business, it became a major attraction point for foreigners and investors to relocate to and invest in. And as a way of further encouraging foreign investment and boosting the real estate market, Dubai decided to specify various areas in the city as "Freehold Areas" where foreigners can fully own a property, benefit from the tax-free system, and obtain a UAE residency visa.
Another boom that affected the real estate market is Expo 2020 which recently took place in Dubai. During this global event which hosted and welcomed people from all over the world, Dubai witnessed an immense increase in commercial development, in addition to residential investment which has had a noticeable effect on the country's economy and real estate market.
Recently Listed Properties in United Arab Emirates
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Anber Townhouses Aljada, United Arab Emirates
Elite Sports Residence Dubai Sports City, United Arab Emirates
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O2 Tower Jumeirah Village Circle, United Arab Emirates
FIVE Palm Jumeirah Palm Jumeirah, United Arab Emirates
EMAAR South Dubai South (Dubai World Central), United Arab Emirates
Al Mamsha Muwaileh, United Arab Emirates
Hera Tower Dubai Sports City, United Arab Emirates
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Coral Residence Dubai Silicon Oasis, United Arab Emirates
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Properties in United Arab Emirates
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Miraclz Tower by Danube Arjan, United Arab Emirates
The Pulse Dubai South (Dubai World Central), United Arab Emirates
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Costa Brava at DAMAC Lagoons Damac Lagoons, United Arab Emirates
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Find properties for sale in United Arab Emirates
Find properties for rent in United Arab Emirates
Find properties in United Arab Emirates


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Q: Public dictionary not visible to class I have declared two Public dictionaries in a Module as follows :
Module Globals
    Public buttonImagesEnabled As Dictionary(Of Integer, Image)
    Public buttonImagesDisabled As Dictionary(Of Integer, Image)
End Module

Which are then initialised in the constructor for a Form :
Public Class myForm
    Public Sub New()
        ' This call is required by the designer.
        InitializeComponent()
        ' Add any initialization after the InitializeComponent() call.
        buttonImagesEnabled = New Dictionary(Of Integer, Image)
        buttonImagesDisabled = New Dictionary(Of Integer, Image)
    End Sub
End Class

The solution builds fine but when I try to run it, I get an exception (at the line in the form constructor specifying a New Dictionary) :

System.TypeInitializationException: 'The type initializer for
'MySolution.Globals' threw an exception.'

InnerException #1

{"Configuration system failed to initialize"}

InnerException #2

{"Unrecognized configuration section system.diagnostics.
(...ProjectPath.MySolution.dll.config line 8)"}

Checked the .dll.config file and it's just a <system.diagnostics> XML tag (the rest of the XML looks fine to me)
If I move the Public declaration into the Form (and out of the Module) it runs fine but I can't access the dictionaries from any of my classes (i.e. referencing them in the classes produces errors á la :

'buttonImagesEnabled' is not declared. It may be inaccessible due to
its protection level.

Am I missing something blindingly obvious here?

A: Okay, looks like it was nothing to do with the dictionaries, nor their declarations - the app.config file was somehow botched.
The solution here : .NET Core - Using system.diagnostics in App.config solved the problem (manual insertion of the <system.diagnostics> configSection into the XML)
Why on earth Visual Studio / .NET Core inserts the section, but not the declaration, automatically, is absurd to me!

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text:
Of Mutant Copyrights, Mangled Trademarks, and Barbie's Beneficence: The Influence of Copyright on Trademark Law
In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort to trademarks law to achieve protections unattainable by copyright, lest these claims generate "a species of mutant copyright law that limits the public's 'federal right to "copy and to use,"' expired copyrights." The facts of that controversy, in which the claimant appeared to be invoking time-unlimited trademark protection to end-run the exhausted (unrenewed) copyright term in a motion picture, justified the apprehension that unbridled trademark rights might stomp, Godzilla-like, over more docile copyright prerogatives. Unfortunately, in the Court's eagerness to forestall Darwinian disaster in intellectual property regimes, it may have engaged in some unnatural selection of its own, mangling trademark policies in the process of conserving copyright. This essay will first consider how the (mis)application of copyright precepts has distorted trademarks law, then will take up happier examples of beneficent copyright influence. The first inquiry charts the near-demise of moral rights at the hands of copyright-(mis)informed trademark analysis. The second lauds the growing acceptance of copyright-inspired free speech limitations on trademark protection, exemplified by the various "Barbie" cases, and culminating in the "fair use" exemptions of the Trademark Dilution Revision Act of 2006.
Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Torts
Jane C. Ginsburg, Of Mutant Copyrights, Mangled Trademarks, and Barbie's Beneficence: The Influence of Copyright on Trademark Law, Trademark Law and Theory: A Handbook of Contemporary Research, Graeme B. Dinwoodie & Mark D. Janis, Eds., Edward Elgar Publishing, 2008; Columbia Public Law Research Paper No. 07-153 (2007).
Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Torts Commons


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Sicilia, M.A., García-Barriocanal, E. and Sánchez-Alonso, S. (2008). Empirical assessment of a collaborative filtering algorithm based on OWA operators. International Journal of Intelligent Systems 23(12), pp.1251-1263.
Arroyo, S. and Sicilia, M.A. (2008). SOPHIE: Use case and evaluation. Information and Software Technology 50(12), pp. 1266-1280.
Aroba, J., Cuadrado-Gallego, J.J., Sicilia, M.A., Ramos, I., García-Barriocanal, E. (2008) Segmented software cost estimation models based on fuzzy clustering. Journal of Systems and Software 81(11), pp. 1944-1950.
Arroyo, S., Sicilia, M.A., López-Cobo, J.M. (2008) Patterns of message interchange in decoupled hypermedia systems. Journal of Network and Computer Applications, 31(2), pp. 75-92.
Arroyo, S., Duke, A., López-Cobo, J.M., Sicilia, M.A. (2007). A model-driven choreography conceptual framework. Computer Standards & Interfaces, 29(3), pp. 325-334.
Arroyo, S., Sicilia, M.A., Dodero, J.M. (2007) Choreography frameworks for business integration: Addressing heterogeneous semantics. Computers in Industry, 58(6), pp. 487-503.
García-Barriocanal, E. and Sicilia, M.A. (2007). Representing evidence about interpersonal relationships of public people in the Semantic Web. ASLIB Proceedings 59(6), pp. 550-564.
Cuadrado, J.J., Rodríguez, D., Sicilia, M.A., Garre, M. and Crespo, A. (2007). Software project effort estimation based on multiple parametric models generated through data clustering. Journal of Computer Science and Technology 22(3), pp. 371-378.
Sicilia, M.A. and García-Barriocanal, E. (2006). Extending Object Database Interfaces with Fuzziness through Aspect-Oriented Design. ACM SIGMOD Record 35(2), pp. 4-9.
Cuadrado-Gallego, J.J., Sicilia, M.A., Garre, M. and Rodríguez, D. (2006). An empirical study of process-related attributes in segmented software cost-estimation relationships. Journal of Systems and Software 79(3), pp.353-361.
Cuadrado-Gallego, J., Fernández-Sanz, L. and Sicilia, M.A. (2006) Enhancing input value selection in parametric software cost estimation models through second level cost drivers. Software Quality Journal 14(4), pp. 339-357.
Sicilia, M.A. (2006). Semantic learning designs: recording assumptions and guidelines. British Journal of Educational Technology, 37(3), pp. 331-350.
Sicilia, M.A., Cuadrado, J.J., Crespo, J. and García-Barriocanal, E. (2005). Software cost estimation with fuzzy inputs: fuzzy modeling and aggregation of cost drivers. Kybernetika 41, pp. 249-264.
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