datamatters24/research-document-archive huggingface dataset:
(6) require the Secretary of Defense and the 
Secretary of Homeland Security to work coopera-
tively to ensure the streamlined interagency transfer 
of relevant background investigations and security 
clearances; and 
(7) include such other elements as may be nec-
essary to ensure that members of the Armed Forces 
who are separating from military service are aware 
of opportunities to fill vacant Customs and Border 
Protection Officer positions. 
SEC. 5. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and by December 31 
of each year thereafter, the Secretary of Homeland Secu-
rity and the Secretary of Defense shall jointly submit a 
report to the appropriate congressional committees that 
includes a description and assessment of the program es-
tablished under section 4. 
(b) CONTENT.—The report required under subsection 
(a) shall include— 
(1) a detailed description of the program estab-
lished under section 4, including— 
(A) programmatic elements; 
(B) goals associated with those elements; 
and 
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(C) a description of how the elements and 
goals will assist in meeting statutorily man-
dated staffing levels and agency hiring bench-
marks; 
(2) a detailed description of the program ele-
ments that have been implemented under section 4; 
(3) a detailed summary of the actions taken 
under section 4 to implement such program ele-
ments; 
(4) the number of separating service members 
made aware of Customs and Border Protection Offi-
cer vacancies; 
(5) the Military Occupational Specialty Codes, 
Air Force Specialty Codes, Naval Enlisted Classi-
fications and Officer Designators, and Coast Guard 
Competencies identified as transferable under sec-
tion 3(a) and a rationale for such identifications; 
(6) the number of Customs and Border Protec-
tion Officer vacancies filled with separating service 
members; 
(7) the number of Customs and Border Protec-
tion Officer vacancies filled with separating service 
members under Veterans Recruitment Appointment 
authorized under section 4214 of title 38, United 
States Code; and 
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II 
114TH CONGRESS 
1ST SESSION H. R. 2835 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2015 
Received 
AN ACT 
To actively recruit members of the Armed Forces who are 
separating from military service to serve as Customs 
and Border Protection officers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 2835 RDS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Jobs for Vet-
erans Act of 2015’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Customs and Border Protection officers at 
United States ports of entry carry out critical law 
enforcement duties associated with screening foreign 
visitors, returning United States citizens, and im-
ported cargo entering the United States. 
(2) It is in the national interest for United 
States ports of entry to be adequately staffed with 
Customs and Border Protection officers in a timely 
fashion, including meeting the congressionally fund-
ed staffing target of 23,775 officers for fiscal year 
2015. 
(3) An estimated 250,000 to 300,000 members 
of the Armed Forces separate from military service 
every year. 
(4) Recruiting efforts and expedited hiring pro-
cedures must be enhanced to ensure that individuals 
separating from military service are aware of, and 
partake in, opportunities to fill vacant Customs and 
Border Protection officer positions. 
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SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Fair 
Access for Moms Act’’. 
SEC. 2. EMPLOYERS REQUIRED TO PROVIDE REASONABLE 
TIME AND PLACE FOR EXPRESSING MILK. 
Section 7(r)(3) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 207(r)(3)) is amended by striking 
‘‘50’’and inserting ‘‘15’’. 
Æ 
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(1) HEALTH
CARE
PROVIDER.—The term
‘‘health care provider’’ means a hospital or other in-
dividual or entity licensed or certified under State
law to provide health care services.
(2) HEALTH PLAN.—The term ‘‘health plan’’
means any private health plan or arrangement (in-
cluding an employee welfare benefit plan) which pro-
vides, or pays the cost of, health care services.
(3) SECRETARY.—Except as otherwise expressly
provided, the term ‘‘Secretary’’ means Secretary of
Health and Human Services.
(4) COVERAGE OF THIRD PARTY ADMINISTRA-
TORS.—In the case of a health plan that is an em-
ployee welfare benefit plan (as defined in section
3(1) of the Employee Retirement Income Security
Act of 1974), any third party administrator or other
person with responsibility for contracts with health
care providers under the plan shall be considered,
for purposes of this Act, to be an entity offering
such health plan.
(5) ENROLLEE.—The term ‘‘enrollee’’ means a
person enrolled under a health plan.
(6) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Consumer Advocacy for Health as described
in title II of this Act.
(7) 
COMMITTEE.—The 
term 
‘‘Committee’’
means an Independent Consumer Advisory Commit-
tee as described in title III of this Act.
TITLE I—HEALTH PLAN
REQUIREMENTS
SEC. 101. INTERFERENCE WITH MEDICAL COMMUNICATION
PROHIBITED.
(a) IN GENERAL.—A health plan may not as part of
any contract or agreement with a health care provider pro-
vide any restriction on or interference with any medical
communication, as defined in subsection (b).
(b) MEDICAL COMMUNICATION DEFINED.—For pur-
poses of subsection (a), the term ‘‘medical communica-
tion’’—
(1) means any communication, other than a
knowing misrepresentation, made by the health care
provider—
(A) regarding the mental or physical
health care needs or treatment of a patient and
the provisions, terms, or requirements of the
health plan or another health plan relating to
such needs or treatment; and
(B) between—
(C) DEFAULT FEDERAL GUIDELINES.—If
the health plan’s Committee determines that
the staffing levels proposed by such institution
fail to meet the guidelines established under
paragraph (2), then the health plan may not
provide or pay for health care services provided
to an enrollee at such institution unless such in-
stitution adopts such guidelines as its staffing
levels.
(D) CRITERIA AND CERTIFICATE OF COM-
PLIANCE.—Such plan shall file with the Sec-
retary and the Office of the State in which the
plan offers health care services a certificate of
compliance with the staffing levels adopted by
the institutions where the plan provides or pays
for health care services for its enrollees.
(E) PUBLIC
INSPECTION.—Such institu-
tions shall keep on file, available for public in-
spection during regular business hours, daily re-
ports of staffing levels by department and of
patient census. Such information shall also be
posted in a public place.
(4) IDENTIFICATION TAG.—
(A) IN GENERAL.—A health plan may not
provide or pay for health care services provided
to an enrollee at an institution unless such in-
stitution prohibits a health care provider who is
not wearing an identification tag from providing
care to an enrollee.
(B) LICENSURE
STATUS.—An identifica-
tion tag under subparagraph (A) shall state the
health care provider’s name and the health care
position for which such provider has been li-
censed or certified by the State.
(C) VISIBILITY.—Such tag shall be visible
to the enrollee.
(D) EXCEPTION.—The requirement under
subparagraph (A) shall not apply where wear-
ing such tag poses a threat to the health of a
patient (such as in an operating room).
(c) DATA COLLECTION.—
(1) MEDICAL
DATA.—Except as provided in
section 105(a), a health plan, in conjunction with its
Committee, shall compile data on health care serv-
ices provided to enrollees under the health plan in-
cluding—
(A) enrollee outcome information, includ-
ing nosocomial infections, medication errors, en-
rollee injury, enrollee mortality, and rate of en-
rollee readmission;
(B) structure of care provided, including
nurse to enrollee ratios, general staffing ratios,
injuries to nurses and other staff, and quality
of staff; and
(C) process of care, including the planning
and delivery of care, an assessment of the deliv-
ery mechanisms, and safety measures.
(2) FINANCIAL DATA.—
(A) FINANCIAL REPORT.—Not later than
September 30th of each year, a health plan that
employs more than 150 individuals shall file,
with the Office of the State in which such plan
offers health care services, a copy of—
(i) any financial report or return filed
under Federal or State tax or securities
laws;
(ii) a statement of any financial inter-
est greater than 5 percent or $5,000,
whichever is less, in any other health plan;
and
(iii) a statement of the nature and
outcome of any complaint, lawsuit, arbitra-
tion, or other legal proceeding brought
against the plan, unless such disclosure is
prohibited by court order or law.
(B) QUALITY
REPORT.—Not later than
September 30th of each year, a health plan
shall file, with the Office of the State in which
that plan offers health care services and the
plan’s Committee, a report of all health care
quality indicators, criteria, data, or studies used
to evaluate, assess, or determine the nature,
scope, quality, or staffing of health care serv-
ices, and for reductions in or modifications of
the provision of health care services.
(C) FIRST REPORT.— Such plan shall file
its first report not later than September 30th
of its first plan year beginning on or after the
date of the enactment of this Act.
(d) DATA ANALYSIS AND DISSEMINATION.—
(1) INFORMATION
AVAILABLE
TO
COMMIT-
TEE.—Not later than September 30th of each year,
a health plan shall provide the data compiled under
subsection (c)(1) to the State agency regulating the
plan and to the plan’s Committee. Such agency shall
analyze the data and shall submit such analysis to
Committees in such State under section 403(a)(2).
(2) DISCLOSURE OF NURSING CARE DATA TO
ENROLLEES.—Such plan shall provide information
to an enrollee about the ratio of non–administrative
nurses to enrollees provided under the plan.
SEC. 105. PRIVACY.
(a) ENROLLEE’S PRIVACY RIGHTS.—Prior to the col-
lection of data under section 104(c), a health plan shall
establish standards and procedures to protect from public
disclosure information that identifies an individual and re-
lates to such individual’s physical or mental health. Such
standards and procedures shall not adversely affect the in-
tegrity of the data. The health plan shall submit such
standards and procedures to the State agency regulating
the plan.
(b) ENROLLEE’S MEDICAL RECORDS.—A health plan
shall protect the privacy of a enrollee’s medical records,
and may only release such records—
(1) to a third party with the informed written
consent of the enrollee given at the time the release
is sought;
(2) to a law enforcement agency pursuant to a
warrant issued under the Federal Rules of Criminal
Procedure, an equivalent State warrant, a grand
jury subpoena, or a court order; or
(3) pursuant to a court order, in a civil pro-
ceeding upon a showing of compelling need for the
information that cannot be accommodated by any
other means, if—
(A) the enrollee is given reasonable notice,
by the person seeking the release, of the court
proceeding relevant to the issuance of the court
order; and
(B) the enrollee is afforded the opportunity
to appear and contest the claim of the person
seeking the release.
(c) EFFECTIVE DATE.—Subsection (b) takes effect
30 days after the date of the enactment of this Act.
SEC. 106. FEE.
(a) IN GENERAL.—A health plan, in each State
where the plan offers health care services, shall pay to the
State 1 percent of the total amount of the annual pre-
miums for each year with respect to enrollment in the
health plan for such year of individuals residing in the
State, as described in section 208.
(b) FIRST PAYMENT.—
(1) IN GENERAL.—A health plan shall make the
first payment under subsection (a) not later than 6
months after the first day of the first full month
after the date of the enactment of this Act.
(2) PAYMENTS PRORATED FROM DATE OF EN-
ACTMENT.—Payments due under subsection (a) for
the year in which this Act is enacted shall be pro-
rated to apply only with respect to months beginning
on or after the date of the enactment of this Act.
(c) STATE DEFINED.—As used in subsection (a), the
term ‘‘State’’ includes the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Northern Mariana Islands.
SEC. 107. ENFORCEMENT THROUGH CIVIL PENALTIES.
(a) ENFORCEMENT THROUGH IMPOSITION OF CIVIL
MONEY PENALTY.—A health plan that violates any provi-
sion of sections 101 through 106 shall be subject to a civil
money penalty of—
(1) up to $25,000 for each violation; or
(2) up to $100,000 for each violation if the Sec-
retary determines that the plan has engaged, within
the 5 years immediately preceding such violation, in
a pattern of such violations.
(b) PROCEDURES.—The provisions of subsections (c)
through (l) of section 1128A of the Social Security Act
(42 U.S.C. 1320a–7a) shall apply to civil money penalties
under this section in the same manner as they apply to
a penalty or proceeding under section 1128A(a) of such
Act.
SEC. 108. PROHIBITION ON ADVERSE ACTION.
(a) IN GENERAL.—No health plan may terminate or
take other adverse action against any health care provider
for actions taken for the purpose of—
(1) notifying such plan of conditions which the
identifies, in communications with the plan, as dan-
gerous or potentially dangerous or injurious to—
(A) enrollees who currently receive health
care services under the plan;
(B) individuals who are likely to receive
such services; or
(C) health care providers who provide such
services;
(2) notifying a Federal or State agency or an
accreditation agency, compliance with the standards
of which have been deemed to demonstrate compli-
ance with conditions of participation under the Med-
icare program, of such conditions as are identified in
paragraph (1);
(3) notifying other individuals of conditions
which the provider or group of providers reasonably
believe to be such as are described in paragraph (1);
(4) discussing such conditions as are identified
in paragraph (1) with other providers for the pur-
poses of initiating action described in paragraph (1),
(2), or (3);
(5) a medical communication, as defined in sec-
tion 101(b); or
(6) other related activities as specified in rules
made by the Secretary.
(b) EXCEPTION.—The protections of this section
shall not apply to any health care provider who knowingly
or recklessly provides substantially false information to
the Secretary.
(c) SANCTION.—A determination by the Secretary
that a health plan has taken such action as described in
subsection (a) shall result in termination from participa-
tion in the Medicare program for a period of time to be
specified by the Secretary, such period to be not less than
1 month.
(d) CIVIL ACTION.—A health care provider aggrieved
by a violation of subsection (a) may in a civil action obtain
appropriate relief. Such relief may include, with respect
to a provider, the reinstatement of the provider to his or
her former position under the health plan together with
the compensation (including back pay), terms, conditions,
and privileges associated with such position.
(e) EFFECTIVE DATE.—Subsection (a) shall apply to
actions taken on or after the date of the enactment of this
Act, regardless of when the communication on which the
action is based occurred.
TITLE II—OFFICE OF CONSUMER
ADVOCACY FOR HEALTH
SEC. 201. ESTABLISHMENT OF OFFICE.
(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Labor, shall establish for each State
an independent Office for such State to assist consumers
in dealing with problems that arise with respect to health
plans and health care providers operating in such State.
(b) ESTABLISHMENT THROUGH GRANT PROCESS.—
(1) IN
GENERAL.—The Secretary shall carry
out the requirements of subsection (a) with respect
to each State by designating a non-profit organiza-
tion located in the State to serve as the Office for
the State, under a grant awarded, in consultation
with the Secretary of Labor, under a competitive se-
lection process. The grant may be awarded only to
organizations headed by an individual with expertise
and experience in the fields of health care and
consumer advocacy, who shall be designated the
Consumer Advocate for Health for the State. In
awarding such grant, the Secretary, in consultation
with the Secretary of Labor, shall—
(A) consider any nominations submitted by
consumer advocacy organizations in the State;
and
(B) give preference to organizations that
represent a broad spectrum of the diverse
consumer interests in the State and that have
demonstrated a capability of representing, and
working with, a broad diversity of consumers,
including members of medically underserved
communities.
(2) REQUIREMENTS.—Each grant awarded
under this subsection shall provide as follows:
(A) CENTRAL OFFICE.—A central office of
the organization awarded the grant which is lo-
cated in the State shall be designated as the
Office.
(B) LOCAL
OFFICES.—The organization
awarded the grant shall establish and maintain
local offices of the Office in accordance with
subsection (c).
(C) PERFORMANCE OF SPECIFIED FUNC-
TIONS.—The organization shall perform the
functions of the Office specified in this title and
otherwise ensure that the requirements of this
section applicable to the Office are met.
(D) EVALUATION OF QUALITY AND EFFEC-
TIVENESS
OF
GRANTEE.—The Secretary, in
consultation with the Secretary of Labor, shall
evaluate the quality and effectiveness of the or-
ganization in carrying out the functions of the
Office.
(E) TERM
OF
GRANT
AND
RENEWABIL-
ITY.—Each grant shall be awarded for a term
of 4 years and shall be renewable for succeeding
4-year terms without reopening the competitive
selection process if the grantee has performed
properly pursuant to this section and the terms
of the grant.
(F) NOTICE OF INTENT NOT TO RENEW;
RECONSIDERATION.—Not later than 180 days
before the expiration of any term under a grant
awarded to an organization, if the Secretary at
such time intends not to renew the grant with
such organization, the Secretary shall notify
such organization of such intent, and shall pro-
vide such organization an opportunity for recon-
sideration by the Secretary, in consultation with
the Secretary of Labor, of the Secretary’s in-
tent not to renew and to present information in
support of renewal.
(G) TERMINATION BY GRANTEE.—The or-
ganization may terminate the grant prior to its
(1) IN GENERAL.—For purposes of subsection
(b), the Secretary shall, by rule, establish guidelines
for safety.
(2) CONSIDERATION OF DATA.—In establishing
and reviewing the guidelines under paragraph (1),
the Secretary shall base the guidelines to the maxi-
mum extent practicable on the data collected and the
analysis performed under this Act.
SEC. 205. ANNUAL REPORT TO THE SECRETARY.
(a) IN GENERAL.—Not later than December 31st of
each year, an Office shall submit a report to the Secretary.
(b) CONTENT OF REPORT.—The report required by
subsection (a) shall include—
(1) the nature of consumer complaints against
health plans;
(2) the percentage of unresolved or outstanding
complaints against health plans;
(3) discernible patterns from the data collected;
(4) recommendations for resolution of unre-
solved or outstanding complaints;
(5) recommendations to sanction a certain
health plan;
(6) a copy of any report received from a health
plan;
(7) a copy of any report received from the Com-
mittee which reports to such Office; and
(8) information provided by a State agency that
regulates health plans in the State.
(c) DATE OF FIRST REPORT.—An Office shall file its
first report not later than December 31st of the first full
calendar year after such Office is established.
SEC. 206. OFFICE ADMINISTRATION.
(a) IN GENERAL.—An Office shall ensure that indi-
viduals in each community rating area, as defined in sec-
tion 201(d), have regular and timely access to the services
provided through the Office and that the individual re-
ceives timely responses from a representative of the Office
to a request for assistance with a complaint against a
health plan.
(b) CONFIDENTIALITY OF COMPLAINANTS.—An Of-
fice shall provide for a system in the Office to treat as
confidential any identifying information regarding com-
plainants and other individuals with respect to whom the
Office maintain files or records.
(c) PERSONNEL QUALIFICATIONS.—An Office shall
establish and implement minimum qualification and train-
ing requirements for personnel, including volunteers.
SEC. 207. OVERSIGHT.
The Secretary shall ensure that an Office carries out
the functions under this title, and such other activities as
the Office and the Secretary determine to be appropriate.
SEC. 208. FUNDING OF OFFICE.
(a) FUNDS HELD IN ESCROW.—In accordance with
procedures which shall be made by rule under subsection
(d), each State shall provide for a mechanism under which
the State shall hold in an escrow account 1 percent of the
total amount of the annual premiums for each year with
respect to enrollment in a health plan for such year of
individuals residing in the State. Any funds held in such
escrow account shall be available solely for remittance to
the Secretary under subsection (b).
(b) REMITTANCE TO SECRETARY.—Not later than
December 31 of each calendar year, each State shall remit
to the Secretary, in such form and manner as shall be
prescribed in regulations, the amounts held in escrow pur-
suant to subsection (a) for the applicable fiscal year end-
ing with or during such calendar year.
(c) ALLOCATIONS.—The amounts remitted by each
State to the Secretary for each year under subsection (b)
shall be applied towards the establishment and operation
of the Office for such State under section 201 (including
amounts to be distributed to escrow accounts for Commit-
tees pursuant to section 306).
(d) RULES.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall make
rules to carry out this section.
TITLE 
III—INDEPENDENT
CONSUMER ADVISORY COM-
MITTEES
SEC. 301. ESTABLISHMENT OF COMMITTEES.
(a) IN GENERAL.—Except as provided in subsection
(b), each health plan shall establish and maintain a Com-
mittee in each community rating area.
(b) EXCEPTION.—In the case where there are more
than 100,000 enrollees under a health plan in a commu-
nity rating area, the plan shall establish and maintain as
many Committees as may be necessary so that each Com-
mittee within such area shall not represent more than
100,000 enrollees.
SEC. 302. MEMBERSHIP AND CHAIR.
(a) MEMBERSHIP.—
(1) IN GENERAL.—A Committee shall consist of
not fewer than 25 and not more than 50 members.
(2) QUALIFICATIONS.—Except as provided in
paragraph (3)(B), members of a Committee shall be
selected from enrollees who indicate interest in such
positions and who are not health care providers, offi-