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‘‘(b) With respect to violations of this section, a person 
need not have actual knowledge of this section or specific 
intent to commit a violation of this section.’’. 
(c) HEALTH CARE FRAUD OFFENSE.—Section 24(a) 
of title 18, United States Code, is amended— 
(1) in paragraph (1), by striking the semicolon 
and inserting ‘‘or section 1128B of the Social Secu-
rity Act (42 U.S.C. 1320a–7b); or’’; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘1349,’’ after ‘‘1343,’’; and 
(B) by inserting ‘‘section 301 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331), 
or section 501 of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1131),’’ 
after ‘‘title,’’. 
(d) SUBPOENA AUTHORITY RELATING
TO HEALTH 
CARE.— 
(1) SUBPOENAS UNDER THE HEALTH INSURANCE 
PORTABILITY
AND
ACCOUNTABILITY
ACT
OF
1996.— 
Section 1510(b) of title 18, United States Code, is 
amended— 
(A) in paragraph (1), by striking ‘‘to the 
grand jury’’; and 
(B) in paragraph (2)— 
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(i) in subparagraph (A), by striking 
‘‘grand jury subpoena’’ and inserting ‘‘sub-
poena for records’’; and 
(ii) in the matter following subpara-
graph (B), by striking ‘‘to the grand jury’’. 
(2) SUBPOENAS UNDER THE CIVIL RIGHTS OF IN-
STITUTIONALIZED PERSONS ACT.—The Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997 et seq.) 
is amended by inserting after section 3 the following: 
‘‘SEC. 3A. SUBPOENA AUTHORITY. 
‘‘(a) AUTHORITY.—The Attorney General, or at the 
direction of the Attorney General, any officer or employee 
of the Department of Justice may require by subpoena 
access to any institution that is the subject of an investiga-
tion under this Act and to any document, record, material, 
file, report, memorandum, policy, procedure, investigation, 
video or audio recording, or quality assurance report relat-
ing to any institution that is the subject of an investiga-
tion under this Act to determine whether there are condi-
tions which deprive persons residing in or confined to the 
institution of any rights, privileges, or immunities secured 
or protected by the Constitution or laws of the United 
States. 
‘‘(b) ISSUANCE
AND
ENFORCEMENT
OF
SUB-
POENAS.— 
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‘‘(1) ISSUANCE.—Subpoenas issued under this 
section— 
‘‘(A) shall bear the signature of the Attor-
ney General or any officer or employee of the 
Department of Justice as designated by the At-
torney General; and 
‘‘(B) shall be served by any person or class 
of persons designated by the Attorney General 
or a designated officer or employee for that 
purpose. 
‘‘(2) ENFORCEMENT.—In the case of contu-
macy or failure to obey a subpoena issued under this 
section, the United States district court for the judi-
cial district in which the institution is located may 
issue an order requiring compliance. Any failure to 
obey the order of the court may be punished by the 
court as a contempt that court. 
‘‘(c) PROTECTION OF SUBPOENAED RECORDS AND IN-
FORMATION.—Any document, record, material, file, report, 
memorandum, policy, procedure, investigation, video or 
audio recording, or quality assurance report or other infor-
mation obtained under a subpoena issued under this sec-
tion— 
‘‘(1) may not be used for any purpose other than 
to protect the rights, privileges, or immunities secured 
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or protected by the Constitution or laws of the United 
States of persons who reside, have resided, or will re-
side in an institution; 
‘‘(2) may not be transmitted by or within the 
Department of Justice for any purpose other than to 
protect the rights, privileges, or immunities secured or 
protected by the Constitution or laws of the United 
States of persons who reside, have resided, or will re-
side in an institution; and 
‘‘(3) shall be redacted, obscured, or otherwise al-
tered if used in any publicly available manner so as 
to prevent the disclosure of any personally identifiable 
information.’’. 
SEC. 10607. STATE DEMONSTRATION PROGRAMS TO EVALU-
ATE ALTERNATIVES TO CURRENT MEDICAL 
TORT LITIGATION. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘SEC. 399V–4. STATE DEMONSTRATION PROGRAMS TO 
EVALUATE ALTERNATIVES TO CURRENT MED-
ICAL TORT LITIGATION. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award demonstration grants to States for the development, 
implementation, and evaluation of alternatives to current 
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tort litigation for resolving disputes over injuries allegedly 
caused by health care providers or health care organiza-
tions. In awarding such grants, the Secretary shall ensure 
the diversity of the alternatives so funded. 
‘‘(b) DURATION.—The Secretary may award grants 
under subsection (a) for a period not to exceed 5 years. 
‘‘(c) CONDITIONS FOR DEMONSTRATION GRANTS.— 
‘‘(1) REQUIREMENTS.—Each State desiring a 
grant under subsection (a) shall develop an alter-
native to current tort litigation that— 
‘‘(A) allows for the resolution of disputes 
over injuries allegedly caused by health care pro-
viders or health care organizations; and 
‘‘(B) promotes a reduction of health care er-
rors by encouraging the collection and analysis 
of patient safety data related to disputes resolved 
under subparagraph (A) by organizations that 
engage in efforts to improve patient safety and 
the quality of health care. 
‘‘(2) ALTERNATIVE TO CURRENT TORT LITIGA-
TION.—Each State desiring a grant under subsection 
(a) shall demonstrate how the proposed alternative de-
scribed in paragraph (1)(A)— 
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