datamatters24/research-document-archive huggingface dataset:
583 
the solicitation and contract shall contain the clause 
‘‘availability of funds’’ found at 48 CFR 52.232–18: Pro-
vided further, That of the funds appropriated, $10,000 
shall be for official reception and representation expenses 
when specifically approved by the Director of the Centers 
for Disease Control and Prevention: Provided further, 
That employees of the Centers for Disease Control and 
Prevention or the Public Health Service, both civilian and 
Commissioned Officers, detailed to States, municipalities, 
or other organizations under authority of section 214 of 
the PHS Act, or in overseas assignments, shall be treated 
as non-Federal employees for reporting purposes only and 
shall not be included within any personnel ceiling applica-
ble to the Agency, Service, or the Department of Health 
and Human Services during the period of detail or assign-
ment: Provided further, That out of funds made available 
under this heading for domestic HIV/AIDS testing, up to 
$15,000,000 shall be for States newly eligible in fiscal 
year 2009 under section 2625 of the PHS Act as of De-
cember 31, 2008 and shall be distributed by May 31, 2009 
based on standard criteria relating to a State’s epidemio-
logical profile, and of which not more than $1,000,000 
may be made available to any one State, and amounts that 
have not been obligated by May 31, 2009 shall be made 
available to States and local public health departments for 
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584 
HIV testing activities: Provided further, That none of the 
funds made available in this Act to carry out part A of 
title XIX of the PHS Act may be used to provide more 
than 75 percent of any State’s allotment under section 
1902 of the PHS Act until such State certifies that it will 
submit a plan to the Secretary of Health and Human 
Services, not later than January 1, 2010, to reduce 
healthcare-associated infections: Provided further, That 
each such State plan shall be consistent with the Depart-
ment of Health and Human Services’ national action plan 
for reducing healthcare-associated infections and include 
measurable 5-year goals and interim milestones for reduc-
ing such infections: Provided further, That the Secretary 
shall conduct a review of the State plans submitted pursu-
ant to the preceding proviso and report to the Committees 
on Appropriations of the House of Representatives and the 
Senate not later than June 1, 2010, regarding the ade-
quacy of such plans for achieving State and national goals 
for reducing healthcare-associated infections: Provided 
further, That for purposes of the two preceding provisos, 
the term ‘‘State’’ means each of the several States, the 
District of Columbia, and the Commonwealth of Puerto 
Rico. 
In addition, for necessary expenses to administer the 
Energy Employees Occupational Illness Compensation 
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330 
† HR 1388 EAS 
expires in fiscal year 2011, 2012, or 2013 shall be subject 
to an evaluation process conducted by a review team de-
scribed in paragraph (4). The evaluation process shall be 
carried out, to the maximum extent practicable, in fiscal 
year 2010, 2011, and 2012, respectively. 
‘‘(2) The Corporation shall promulgate regulations es-
tablishing the evaluation process required under paragraph 
(1), and make such regulations available to the public, not 
later than 18 months after the date of enactment of the 
Serve America Act. The Corporation shall consult with the 
directors of programs receiving grants under this section 
during the development and implementation of the evalua-
tion process. 
‘‘(3) The evaluation process required under paragraph 
(1) shall— 
‘‘(A) include performance measures, outcomes, 
and other criteria established under subsection (g); 
and 
‘‘(B) evaluate the extent to which the recipient of 
the grant or contract meets or exceeds such perform-
ance measures, outcomes, and other criteria through a 
review of the recipient. 
‘‘(4) To the maximum extent practicable, the Corpora-
tion shall provide that each evaluation required by this sub-
section is conducted by a review team that—
I 
110TH CONGRESS 
1ST SESSION H. R. 3784 
To amend title XVIII of the Social Security Act to improve the quality 
of care in skilled nursing facilities under the Medicare Program through 
requiring the reporting of expenditures for nursing. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 9, 2007 
Ms. KAPTUR introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to improve 
the quality of care in skilled nursing facilities under 
the Medicare Program through requiring the reporting 
of expenditures for nursing. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Long Term Care Qual-
ity Improvement Act of 2007’’. 
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SEC. 2. IMPROVEMENT IN QUALITY OF LONG TERM CARE 
IN SKILLED NURSING FACILITIES UNDER 
MEDICARE. 
Section 1888 of the Social Security Act (42 U.S.C. 
1395yy) is amended by adding at the end the following 
new subsection: 
‘‘(f) DETAILED REPORTING OF NURSING EXPENDI-
TURES.— 
‘‘(1) IN GENERAL.—For cost reports submitted 
for cost reporting periods beginning on or after four 
months after the date of the enactment of this sub-
section, skilled nursing facilities shall separately re-
port expenditures for wages and benefits for nursing 
staff (by staff level, breaking out (at a minimum) 
registered nurses, licensed professional nurses, and 
certified nurse assistants). 
‘‘(2) MODIFICATION OF FORM.—The Secretary, 
in consultation with private sector accountants expe-
rienced with medicare and medicaid nursing facility 
home cost reports, shall redesign such reports to 
meet the requirement of paragraph (1).’’. 
Æ 
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108TH CONGRESS
2D SESSION
H. R. 3782
AN ACT
To amend the State Department Basic Authorities Act of
1956 to increase the maximum amount of an award
available under the Department of State rewards pro-
gram, to expand the eligibility criteria to receive an
award, to authorize nonmonetary awards, to publicize
the existence of the rewards program, and for other
purposes.
year period beginning with the taxable year 
in which such adoption becomes final. 
‘‘(iv) ORDERING RULE.—Distributions 
shall not be taken into account under 
clause (i) if such distributions are de-
scribed in subparagraph (A), (C), (D), (E), 
(F), or (G) or to the extent paragraph (1) 
does not apply to such distributions by rea-
son of subparagraph (B).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to distributions after the date of 
the enactment of this Act. 
Æ 
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SEC. 2. HEARING REQUIRED. 
(a) IN GENERAL.—Not less than 6 months before ap-
proving any application to take land into trust for an In-
dian tribe, the Secretary of the Interior shall hold at least 
one public hearing (in addition to any hearings held pursu-
ant to the National Environmental Policy Act of 1969) 
in the surrounding community where the land requested 
to be taken into trust is located in order to ascertain the 
needs and interests of that surrounding community. All 
interested individuals shall be afforded the opportunity to 
participate in such hearings. 
(b) COMMENTS.—The Secretary shall— 
(1) solicit comments from the public at hearings 
held under subsection (a); and 
(2) ensure that any comments received at or re-
lated to such hearings are part of the record before 
the agency. 
(c) TRANSCRIPTS.—The Secretary shall, on a timely 
basis, make transcripts of such hearings available to the 
public via the Internet or other electronic means. 
(d) WAIVER.—Subsection (a) shall not apply if each 
county in the relevant surrounding community waives the 
right to such hearings. 
Æ 
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SEC. 2. SPECIAL RULES FOR CHARITABLE CONTRIBUTIONS 
OF ALTERNATIVE ENERGY PROPERTY FOR 
EDUCATIONAL PURPOSES. 
(a) IN GENERAL.—Subsection (e) of section 170 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(8) SPECIAL RULE FOR CONTRIBUTIONS OF 
ALTERNATIVE ENERGY PROPERTY USED FOR EDU-
CATIONAL PURPOSES.— 
‘‘(A) LIMIT ON REDUCTION.—In the case 
of a qualified energy property contribution, the 
reduction under paragraph (1)(A) shall be no 
greater than the amount determined under 
paragraph (3)(B). 
‘‘(B) QUALIFIED ENERGY PROPERTY CON-
TRIBUTIONS.—For purposes of this paragraph, 
the term ‘qualified energy property contribu-
tion’ means a charitable contribution by a cor-
poration of qualified energy inventory property, 
but only if— 
‘‘(i) the contribution is to— 
‘‘(I) an educational organization 
described in subsection (b)(1)(A)(ii), 
or 
‘‘(II) an organization described 
in section 501(c)(3) and exempt from 
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‘‘§ 1802. Misuse of wireless subscriber customer infor-
mation 
‘‘(a) Whoever knowingly discloses to another, for 
gain, a wireless subscriber’s cell phone number without the 
express permission of the subscriber for that specific dis-
closure, if the number— 
‘‘(1) is not already readily publicly available; 
and 
‘‘(2) was obtained by the discloser or one in 
privity with the discloser as a condition of com-
pleting a commercial transaction that is in or affects 
interstate or foreign commerce and is unrelated to 
the disclosure; 
shall be fined under this title or imprisoned not more than 
6 months, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘wireless subscriber’ means a sub-
scriber to a commercial mobile service as defined in 
section 332(d) of the Communications Act of 1934; 
and 
‘‘(2) the term ‘cell phone number’ means the 
number assigned to a wireless subscriber for the use 
of a commercial mobile service as so defined.’’. 
(b) AMENDMENT
TO TABLE
OF SECTIONS.—The 
table of sections at the beginning of chapter 88 of title 
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18, United States Code, is amended by adding at the end 
the following new item: 
‘‘1802. Misuse of wireless subscriber customer information.’’. 
Æ 
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tax under section 501(a) that is orga-
nized primarily for purposes of pro-
viding education or training, 
‘‘(ii) the property is constructed or as-
sembled by the taxpayer, 
‘‘(iii) the contribution is made not 
later than 3 years after the date the con-
struction or assembly of the property is 
substantially completed, 
‘‘(iv) the original use of the property 
is by the donee, 
‘‘(v) substantially all of the use of the 
property by the donee is for use within the 
United States for educational or training 
purposes that are related to the purpose or 
function of the donee, 
‘‘(vi) the property is not transferred 
by the donee in exchange for money, other 
property, or services, 
‘‘(vii) the property will fit productively 
into the donee’s educational or training 
plan, and 
‘‘(viii) the taxpayer receives from the 
donee a written statement representing 
that its use and disposition of the property 
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net, using hypertext transfer protocol or any suc-
cessor protocol.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEAL OF SUPERCEDED PROVISION.—Sec-
tion 227 of the Crime Control Act of 1990 (42 
U.S.C. 13032) is repealed. 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 110 of title 18, United States Code, is 
amended by inserting after the item relating to sec-
tion 2258 the following: 
‘‘2258A. Reporting requirements of electronic communication service providers 
and remote computing service providers. 
‘‘2258B. Limited liability for electronic communication service providers and re-
mote computing service providers. 
‘‘2258C. Use of images from the CyberTipline to combat child pornography. 
‘‘2258D. Limited liability for the National Center for Missing and Exploited 
Children. 
‘‘2258E. Definitions.’’. 
Passed the House of Representatives December 5, 
2007. 
Attest: 
Clerk.
ter to identify child victims may not be brought in any 
Federal or State court. 
‘‘(b) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Subsection (a) shall not apply to a claim or 
charge if the National Center for Missing and Exploited 
Children, or a director, officer, employee, or agent of such 
center— 
‘‘(1) engaged in intentional misconduct; or 
‘‘(2) acted, or failed to act— 
‘‘(A) with actual malice; 
‘‘(B) with reckless disregard to a substan-
tial risk of causing injury without legal jus-
tification; or 
‘‘(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 2258A or 2258C of 
this title, or section 404 of the Missing Chil-
dren’s Assistance Act (42 U.S.C. 5773). 
‘‘(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) shall not apply to an act or omission relating to an 
ordinary business activity, including general administra-
tion or operations, the use of motor vehicles, or personnel 
management. 
‘‘(d) MINIMIZING ACCESS.—The National Center for 
Missing and Exploited Children shall—
(3) 
HEALTH
CARE
FACILITY.—The 
term 
‘‘health care facility’’ means an outpatient health 
care facility, hospital, nursing home, home health 
care agency, hospice, federally qualified health cen-
ter, nurse managed health center, rural health clinic, 
or any similar healthcare facility that employs di-
rect-care registered nurses. 
(4) DECLARED
STATE
OF
EMERGENCY.—The 
term ‘‘declared state of emergency’’ means an offi-
cially designated state of emergency that has been 
declared by the Federal Government or the head of 
the appropriate State or local governmental agency 
having authority to declare that the State, county, 
municipality, or locality is in a state of emergency, 
but does not include a state of emergency that re-
sults from a labor dispute in the health care indus-
try or consistent under staffing. 
SEC. 6. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE 
FACILITIES IN THE PURCHASE OF SAFE PA-
TIENT HANDLING EQUIPMENT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall establish a grant program that pro-
vides financial assistance to cover some or all of the costs 
of purchasing safe patient handling equipment for health 
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care facilities, such as hospitals, nursing facilities, and 
outpatient facilities, that— 
(1) require the use of such equipment in order 
to comply with the standards established under sec-
tion 2; but 
(2) demonstrate the financial inability to other-
wise afford the purchase of such equipment are pro-
vided grants for some or all of the cost of pur-
chasing such equipment. 
(b) APPLICATION.—No financial assistance shall be 
provided under this section except pursuant to an applica-
tion made to the Secretary of Health and Human Services 
in such form and manner as the Secretary shall specify. 
The Secretary shall establish a fair standard whereby the 
facility must clearly demonstrate true financial need in 
order to establish eligibility for the grant program. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for financial assistance 
under this section $50,000,000, which shall remain avail-
able until expended. 
Æ 
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108TH CONGRESS
2D SESSION
H. R. 3783
AN ACT
To provide an extension of highway, highway safe-
ty, motor carrier safety, transit, and other pro-
grams funded out of the Highway Trust Fund
pending enactment of a law reauthorizing the
Transportation Equity Act for the 21st Century.
598 
Trust Fund and the Federal Supplementary Medical In-
surance Trust Fund, as authorized by section 201(g) of 
the Social Security Act, of which $147,038,000 shall be 
for the Medicare Integrity Program at the Centers for 
Medicare and Medicaid Services to conduct oversight of 
activities for Medicare Advantage and the Medicare Pre-
scription Drug Program authorized in title XVIII of the 
Social Security Act, including activities listed in section 
1893(b) of such Act; of which $18,967,000 shall be for 
the Department of Health and Human Services Office of 
Inspector General; of which $13,028,000 shall be for the 
Medicaid and State Children’s Health Insurance Program 
(‘‘SCHIP’’) program integrity activities; and of which 
$18,967,000 shall be for the Department of Justice: Pro-
vided, That the report required by section 1817(k)(5) of 
the Social Security Act for fiscal year 2009 shall include 
measures of the operational efficiency and impact on 
fraud, waste, and abuse in the Medicare, Medicaid, and 
SCHIP programs for the funds provided by this appro-
priation. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR CHILD SUPPORT 
ENFORCEMENT AND FAMILY SUPPORT PROGRAMS 
For making payments to States or other non-Federal 
entities under titles I, IV–D, X, XI, XIV, and XVI of the 
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173 
state commerce, or at any time thereafter, on libel 
of information and condemned in any district court 
of the United States within the jurisdiction of which 
the tobacco product is found. No libel for condemna-
tion shall be instituted under this Act for any al-
leged misbranding if there is pending in any court 
a libel for condemnation proceeding under this Act 
based upon the same alleged misbranding, and not 
more than one such proceeding shall be instituted if 
no such proceeding is so pending, except that such 
limitations shall not apply— 
(A) when such misbranding has been the 
basis of a prior judgment in favor of the United 
States, in a criminal, injunction, or libel for 
condemnation proceeding under this Act, or 
(B) when the Administrator has probable 
cause to believe from facts found, without hear-
ing, by the Administrator or any officer or em-
ployee of the Agency that the misbranded to-
bacco product is dangerous to health beyond 
the inherent danger to health posed by tobacco, 
or that the labeling of the misbranded tobacco 
product is fraudulent, or would be in a material 
respect misleading to the injury or damage of 
the purchaser or consumer. In any case where 
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599 
Social Security Act and the Act of July 5, 1960, 
$2,759,078,000, to remain available until expended; and 
for such purposes for the first quarter of fiscal year 2010, 
$1,000,000,000, to remain available until expended. 
For making payments to each State for carrying out 
the program of Aid to Families with Dependent Children 
under title IV–A of the Social Security Act before the ef-
fective date of the program of Temporary Assistance for 
Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts 
available to a State with respect to expenditures under 
such title IV–A in fiscal year 1997 under this appropria-
tion and under such title IV–A as amended by the Per-
sonal Responsibility and Work Opportunity Reconciliation 
Act of 1996 shall not exceed the limitations under section 
116(b) of such Act. 
For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under 
titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
Act and the Act of July 5, 1960, for the last 3 months 
of the current fiscal year for unanticipated costs, incurred 
for the current fiscal year, such sums as may be necessary. 
REFUGEE AND ENTRANT ASSISTANCE 
For necessary expenses for refugee and entrant as-
sistance activities authorized by section 414 of the Immi-
gration and Nationality Act and section 501 of the Ref-
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will be in accordance with the provisions of 
clauses (v), (vi),and (vii). 
‘‘(C) DEFINITIONS AND SPECIAL RULES.— 
For purposes of this paragraph— 
‘‘(i) QUALIFIED ENERGY INVENTORY 
PROPERTY.—The term ‘qualified energy in-
ventory property’ means any tangible per-
sonal property described in paragraph (1) 
of section 1221(a) which is— 
‘‘(I) property which is used in 
generating electricity from qualified 
energy resources (as defined in section 
45(c)(1)), or 
‘‘(II) property which is described 
in 
subparagraph 
(A) 
of 
section 
48(a)(3) (determined without regard 
to any termination provision or other 
time-based restriction contained in 
section 48) and which meets the re-
quirements of subparagraph (D) of 
section 48(a)(3). 
‘‘(ii) CORPORATION.—The term ‘cor-
poration’ has the meaning given such term 
by paragraph (4)(D). 
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