		I
		112th CONGRESS
		2d Session
		H. R. 5979
		IN THE HOUSE OF REPRESENTATIVES

			June 20, 2012
			Mr. Cassidy
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to reform
		  payment to States under the Medicaid program.

		1.Short titleThis Act may be cited as the
			 Medicaid Accountability and Care Act
			 of 2012.
		2.Medicaid payment
			 reform
			(a)In
			 generalTitle XIX of the
			 Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after
			 section 1903 the following section:

					1903A.Reformed
				payment to States
						(a)Reformed payment
				system
							(1)In
				generalFor quarters beginning on or after July 1, 2014, in lieu
				of amounts otherwise payable to a State under this title (including any
				payments attributable to section 1923), except as otherwise provided in this
				section, the amount payable to such State shall be equal to the sum of the
				following:
								(A)Adjusted
				aggregate amount based on capitationThe aggregate capitated
				amount specified in
				subsection (b) for the quarter and the
				State, adjusted under
				subsection (e).
								(B)Chronic care
				quality bonusThe amount (if
				any) of the chronic care quality bonus payment specified in
				subsection (f) for the quarter for the
				State.
								(2)Requirement of
				State share
								(A)In
				generalA State shall make,
				from non-Federal funds, expenditures in an amount equal to its State share (as
				determined under subparagraph (C)) for a quarter for items, services, and other
				costs for which, but for this section, Federal funds would have been payable
				under this title.
								(B)Nonpayment for
				failure to pay state share
									(i)In
				generalIf a State fails to expend the amount required under
				subparagraph (A) for a quarter,
				the amount payable to the State under this section shall be reduced by the
				product of—
										(I)the
				Federal-to-State ratio described in
				subparagraph (D)(iii);
				and
										(II)the amount by
				which the State payment is less than the State share.
										(ii)Grace
				periodA State shall not be
				considered to have failed to provide payment of its required State share for a
				quarter under
				subparagraph (A) if the aggregate
				State payment towards the State’s required State share for the 4-quarter period
				beginning with such quarter exceeds the required State share amount for such
				4-quarter period.
									(C)State
				shareThe State share for a State for a quarter is equal to the
				product of—
									(i)the aggregate
				capitated amount specified in
				subsection (b) for the quarter and the
				State; and
									(ii)the
				State-to-Federal ratio described in
				subparagraph (D)(iv).
									(D)Uniform Federal
				and State percentages and State-to-Federal and Federal-to-State
				ratiosIn this paragraph:
									(i)Uniform Federal
				percentageThe uniform Federal percentage described in this
				clause for a fiscal year is the highest Federal medical assistance percentage
				(as defined in the first sentence of section 1905(b)) for any State for such
				fiscal year.
									(ii)Uniform State
				percentageThe uniform State
				percentage described in this clause is 100 percent minus the uniform Federal
				percentage described in
				clause (i).
									(iii)Federal-to-State
				ratioThe Federal-to-State ratio described in this clause is the
				ratio of—
										(I)the uniform
				Federal percentage described in clause (i); to
										(II)the uniform State
				percentage described in clause (ii).
										(iv)State-to-Federal
				ratioThe State-to-Federal ratio described in this clause is the
				ratio of—
										(I)the uniform State
				percentage described in clause (ii); to
										(II)the uniform
				Federal percentage described in clause (i).
										(E)Rules for
				crediting toward State share
									(i)General
				limitation to matchable expendituresA payment for expenditures
				shall not be counted toward the State share under
				subparagraph (A) unless Federal
				payments may be used for such expenditures consistent with paragraph
				(3)(B).
									(ii)Further
				limitations on allowable expendituresA payment for expenditures
				shall not be counted towards the State share under
				subparagraph (A) if the
				expenditure is for any of the following:
										(I)AbortionExpenditures
				for an abortion.
										(II)Intergovernmental
				transfersAn expenditure that is attributable to an
				intergovernmental transfer.
										(III)Provider
				taxesIf a provider paid the State health care related taxes (as
				defined in section 1903(w)(3)(A)), expenditures made for services furnished by
				such provider up to the amount of such taxes paid by such provider.
										(IV)Certified
				public expendituresAn expenditure that is attributable to
				certified public expenditures.
										(iii)Crediting
				fraud and abuse recoveriesAmounts recovered by a State through the
				operation of its Medicaid fraud and abuse control unit described in section
				1903(q) shall be fully counted toward the State share under
				subparagraph (A).
									(F)ConstructionNothing in the paragraph shall be construed
				as preventing a State from expending, from non-Federal funds, an amount under
				this title in excess of the amount of the State share.
								(G)Determination
				based upon submitted claimsIn applying this paragraph with
				respect to expenditures of a State for a quarter, the determination of the
				expenditures for such State for such quarter shall be made after the end of the
				period (which, as of the date of the enactment of this section, is 2 years) for
				which the Secretary accepts claims for payment under this title with respect to
				such quarter.
								(3)Use of Federal
				payments
								(A)Application of
				Medicaid limitationsA State may only use Federal payments
				received under this section for expenditures for which Federal funds would have
				been payable under this title but for this section.
								(B)Limitation for
				certain eligibles
									(i)Application of
				100 percent federal poverty line limit on eligibilitySubject to
				clause (ii), a State may not use such Federal payments to provide medical
				assistance for an individual who has an income (as determined under clause
				(iii)) that exceeds 100 percent of the poverty line (as defined in section
				2110(c)(5)) applicable to a family of the size involved.
									(ii)Determination
				of income using modified adjusted gross income without any 5 percent
				increaseIn determining
				income for purposes of clause (i) under section 1902(e)(14) (relating to
				modified adjusted gross income), the following rules shall apply:
										(I)Application of
				spend downThe State shall
				take into account the costs incurred for medical care or for any other type of
				remedial care recognized under State law in the same manner and to the same
				extent that such State takes such costs into account for purposes of section
				1902(a)(17).
										(II)Disregard of 5
				percent increaseSubparagraph (I) of section 1902(e)(14)
				(relating to a 5 percent reduction) shall not apply.
										(iii)ExceptionClause
				(i) shall not apply to an individual who is—
										(I)a woman described
				in clause (i) of section 1903(v)(4)(A);
										(II)a child who is an
				individual described in clause (i) of section 1905(a);
										(III)enrolled in a
				State plan under this title as of the date of the enactment of this section for
				the period of continuous enrollment; or
										(IV)described in section 1902(e)(14)(D)
				(relating to modified adjusted gross income).
										(iv)Clarification
				related to community spouseNothing in this subparagraph shall
				supersede the application of section 1924 (related to community spouse income
				and assets).
									(4)Exceptions for
				pass-through payments
								(A)In
				generalParagraph (1) shall not apply, and
				amounts shall continue to be payable under this title (and not under this
				section), in the case of the following payments (and related administrative
				costs and expenditures):
									(i)Payments to
				territoriesPayments to a State other than the 50 States and the
				District of Columbia.
									(ii)Medicare cost
				sharingPayments attributable to Medicare cost sharing under
				section 1905(p).
									(iii)Pediatric
				vaccinesPayments attributable to section 1928.
									(iv)Emergency
				services for certain individualsPayments for treatment of
				emergency medical conditions attributable to the application of section
				1903(v)(2).
									(v)Indian health
				care facilitiesPayments for medical assistance described in the
				third sentence of section 1905(b).
									(vi)Employer-sponsored
				insurance (ESI)Payments for medical assistance attributable to
				payments to employers for employer-sponsored health benefits coverage.
									(vii)Other
				populations with limited benefit coverageOther payments that are
				determined by the Secretary to be related to a specified population for which
				the medical assistance under this title is limited and does not include any
				inpatient, nursing facility, or long-term care services.
									(B)Certain
				expensesParagraph (1) shall not apply, and
				amounts shall continue to be payable under this title (and not under this
				section), in the case of the following:
									(i)Administration
				of medicare prescription drug benefitExpenditures described in
				section 1935(b) (relating to administration of the Medicare prescription drug
				benefit).
									(ii)Payments for
				HIT bonusesPayments under
				section 1903(a)(3)(F) (relating to payments to encourage the adoption and use
				of certified EHR technology).
									(iii)Payments for
				design, development, and installation of MMIS and eligibility
				systemsPayments under
				subparagraphs (A)(i) and (H)(i) of section 1903(a)(3) for expenditures for
				design, development, and installation of the Medicaid management information
				systems and mechanized verification and information retrieval systems (related
				to eligibility).
									(5)Payment of
				amounts
								(A)In
				generalExcept as the Secretary may otherwise provide, amounts
				shall be payable to a State under this section in the same manner as amounts
				are payable under subsection (d) of section 1903 to a State under subsection
				(a) of such section.
								(B)Information and
				forms
									(i)SubmissionAs
				a condition of receiving payment under this section, a State shall submit such
				information, in such form, and manner, as the Secretary shall specify,
				including information necessary to make the computations under subsections
				(c)(2)(C) and (e).
									(ii)Uniform
				reportingThe Secretary shall develop such forms as may be needed
				to assure a system of uniform reporting of such information across
				States.
									(C)Required
				reporting of information on medical loss ratios for managed
				careThe information required to be reported under subparagraph
				(B)(i) shall include information on the medical loss ratio with respect to
				coverage provided under each Medicaid managed care plan with a contract with
				the State under section 1903(m) or 1932.
								(b)Aggregate
				capitated amount
							(1)In
				generalThe aggregate capitated amount specified in this
				subsection for a State for a quarter is equal to the sum of the products, for
				each of the categories of Medicaid beneficiaries specified in
				paragraph (2), of the
				following:
								(A)Per capita
				quarterly amountThe per capita quarterly amount for such
				category computed under
				subsection (c) for such State for such
				quarter.
								(B)Number of
				individuals in categoryThe average number of Medicaid
				beneficiaries enrolled in such category in the State in such quarter, as
				computed under
				subsection (d).
								(2)CategoriesThe categories specified in this paragraph
				are the following:
								(A)ElderlyA category of individuals who are 65 years
				of age or older.
								(B)Blind or
				disabledA category of
				individuals not described in
				subparagraph (A) who are described
				in section 1937(a)(2)(B)(ii).
								(C)ChildrenA category of individuals not described in
				subparagraph (B) who are under 21 years of age.
								(D)Other
				adultsA category of
				individuals who are not described in a previous subparagraph.
								(c)Computation of
				per capita, per category quarterly amount
							(1)In
				generalFor a State, for each
				category of beneficiary for a quarter—
								(A)Fiscal year
				2014For quarters in fiscal year 2014, the per capita quarterly
				amount is equal to 1/4 of the base average per capita
				Federal payments for such State for such category determined under
				paragraph (2), increased by a factor
				that reflects the sum of the following:
									(i)Historical
				medical care component of CPI through fiscal year 2013The
				percentage increase in the historical medical care component of the Consumer
				Price Index for all urban consumers (U.S. city average) from the midpoint of
				the base fiscal year (as defined in
				paragraph (6)) to the midpoint of
				fiscal year 2013.
									(ii)Projected
				medical care component of CPI for fiscal year 2014The
				percentage increase in the projected medical care component of the Consumer
				Price Index for all urban consumers (U.S. city average) from the midpoint of
				fiscal year 2013 to the midpoint of fiscal year 2014.
									(B)Fiscal years
				2015 and 2016The per capita
				quarterly amount for a State for a category for quarters in fiscal year 2015 or
				fiscal year 2016 is equal to the per capita quarterly amount under this
				paragraph for such State and category for the previous fiscal year increased by
				the per capita percentage increase (as defined in
				subparagraph (E)) for such
				category and fiscal year.
								(C)Fiscal years
				2017 through 2024The per
				capita quarterly amount for a State for a category for quarters in a fiscal
				year beginning with fiscal year 2017 and ending with fiscal year 2024
				is—
									(i)in the case of a State that is a high per
				capita State or a low per capita State (as defined in paragraph (4)(B)(iii))
				for the category, the amount determined under clause (i) or (ii) of paragraph
				(4)(B) for such State, category, and fiscal year; or
									(ii)in the case of any other State, the per
				capita quarterly amount under this paragraph for such State and category for
				the previous fiscal year increased by the per capita percentage increase for
				such category and fiscal year.
									(D)Fiscal year 2025
				and subsequent fiscal yearsThe per capita quarterly amount for a State
				for a category for quarters in a fiscal year beginning with fiscal year 2025 is
				equal to the per capita quarterly amount under this paragraph for such State
				and category for the previous fiscal year increased by the per capita
				percentage increase for such category and fiscal year.
								(E)Annual
				percentage increase beginning with fiscal year 2015For purposes of this subsection, the term
				per capita percentage increase means, for a fiscal year, the sum
				of—
									(i)the projected
				percentage change in nominal gross domestic product from the midpoint of the
				previous fiscal year to the midpoint of the fiscal year for which the
				percentage increase is being applied; and
									(ii)one percentage
				point.
									(2)Base per capita,
				per category amount for each State
								(A)Average per
				category
									(i)In
				generalThe Secretary shall determine, consistent with this
				paragraph and
				paragraph (3), a base per capita, per
				category amount for each of the 50 States and the District of Columbia equal to
				the average amount, per Medicaid beneficiary, of Federal payments under this
				title, including payments attributable to disproportionate share hospital
				payments under section 1923, for each of the categories of beneficiaries under
				subsection (b)(2) for the base fiscal
				year for each of the 50 States and the District of Columbia.
									(ii)Best available
				dataThe determination under
				clause (i) shall initially be
				estimated by the Secretary, based upon the best available data at the time the
				determination is made.
									(iii)UpdatesThe
				determination under
				clause (i) shall be updated by
				the Secretary on an annual basis based upon improved data. The Secretary shall
				adjust the amounts under
				subsection (a)(1)(A) to reflect
				changes in the amounts so determined based on such updates.
									(B)Exclusion of
				pass-through paymentsIn computing base per capita, per category
				amounts under
				subparagraph (A)(i) the
				Secretary shall exclude payments described in
				subsection (a)(4).
								(C)Standardization
									(i)In
				generalIn computing each such amount, the Secretary shall
				standardize the amount in order to remove the variation attributable to the
				following:
										(I)Risk
				factorsSuch risk factors as
				age, health and disability status (including high cost medical conditions),
				gender, institutional status, and such other factors as the Secretary
				determines to be appropriate, so as to ensure actuarial equivalence.
										(II)GeographicVariations in costs on a county-by-county
				basis.
										(ii)Application of
				Medicare methodology
										(I)Method for risk
				standardizationIn carrying
				out
				clause (i)(I), the Secretary
				may apply the hierarchal condition category methodology under section
				1853(a)(1)(C). If the Secretary uses such methodology, the Secretary shall
				adjust the application of such methodology to take into account the differences
				in services provided under this title compared to title XVIII, such as the
				coverage of long term care, pregnancy, and pediatric services.
										(II)Method for
				geographic standardizationThe Secretary shall apply the
				standardization under
				clause (i)(II) in a manner
				similar to that applied under section 1853(c)(4)(A)(iii).
										(iii)Application on
				a national, budget neutral basisThe standardization under
				clause (i) shall be designed
				and implemented on a uniform national basis and shall be budget neutral so as
				to not result in any aggregate change in payments under this section.
									(iv)Response to new
				riskSubject to
				clause (iii), the Secretary
				may adjust the standardization under
				clause (i) to respond promptly
				to new instances of communicable diseases and other public health
				hazards.
									(D)Adjustment for
				temporary FMAP increasesIn computing each such amount the
				Secretary shall disregard portions of payments that are attributable to a
				temporary increase in the Federal matching rates, including those attributable
				to the following:
									(i)PPACA disaster
				FMAPSection 1905(aa).
									(ii)ARRASection
				5001 of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 1396d
				note).
									(iii)Extraordinary
				employer pension contributionSection 614 of the Children's Health
				Insurance Program Reauthorization Act of 2009 (42 U.S.C. 1396d note).
									(3)Allocation of
				nonmedical assistance paymentsThe Secretary shall establish rules for the
				allocation of payments under this title (other than those payments described in
				paragraph (1) or (5) of section 1903(a) and including such payments
				attributable to section 1923)—
								(A)among different
				categories of beneficiaries; and
								(B)between payments
				included under this section and payments described in
				subsection (a)(4).
								(4)Transition to a
				corridor around the national average
								(A)Determination of
				national average base per capita, per category amountSubject to subparagraph (C), the Secretary
				shall determine a national average base per capita, per category amount equal
				to the average of the base per capita, per category amounts for each of the 50
				States and the District of Columbia determined under
				paragraph (2), weighted by the
				average number of beneficiaries in each such category and State as determined
				by the Secretary consistent with
				subsection (d) for the base fiscal
				year.
								(B)Transition
				adjustment
									(i)High per capita
				statesIn the case of a high
				per capita State (as defined in
				clause (iii)(I)) for a
				category, the per capita quarterly amount for such State and category for a
				quarter in a fiscal year (beginning with fiscal year 2017 and ending with
				fiscal year 2024) is equal to the sum of—
										(I)the product of the
				State-specific factor for such fiscal year (as defined in
				clause (iv)) and the per
				capita quarterly amount that would otherwise be determined under paragraph (1)
				for such State and category if clause (i) of paragraph (1)(C) did not apply;
				and
										(II)the product of 1
				minus the State-specific factor for such fiscal year and the per capita
				quarterly amount that would otherwise be determined under paragraph (1) for a
				State and category if the base per capita, per category amount determined under
				paragraph (2) for the State and category were equal to 110 percent of the
				national average base per capita, per category amount determined under
				subparagraph (A) for such category.
										(ii)Low per capita
				statesIn the case of a low
				per capita State (as defined in
				clause (iii)(II)) for a
				category, the per capita quarterly amount for such State and category for a
				quarter in a fiscal year (beginning with fiscal year 2017 and ending with
				fiscal year 2024) is equal to the sum of—
										(I)the product of the
				State-specific factor for such fiscal year and the per capita quarterly amount
				that would otherwise be determined under paragraph (1) for such State and
				category if clause (i) of paragraph (1)(C) did not apply; and
										(II)the product of 1 minus the State-specific
				factor for such fiscal year and the per capita quarterly amount that would
				otherwise be determined under paragraph (1) for a State and category if the
				base per capita, per category amount determined under paragraph (2) for the
				State and category were equal to 90 percent of the national average base per
				capita, per category amount determined under subparagraph (A) for such
				category.
										(iii)High and low
				per capita States definedIn this subparagraph:
										(I)High per capita
				StateThe term high per capita State means, with
				respect to a category, a State for which the base per capita, per category
				amount determined under paragraph (2) for such category is greater than 110
				percent of the national average base per capita, per category amount determined
				under subparagraph (A) for such category.
										(II)Low per capita
				StateThe term low per
				capita State means, with respect to a category, a State for which the
				base per capita, per category amount determined under paragraph (2) for such
				category is less than 90 percent of the national average base per capita, per
				category amount determined under subparagraph (A) for such category.
										(iv)State-specific
				factorIn this subparagraph, the term State-specific
				factor means—
										(I)for fiscal year
				2017, 7/8; and
										(II)for a subsequent
				fiscal year, the State-specific factor under this clause for the previous
				fiscal year minus 1/8.
										(C)No additional
				expenditures
									(i)Determination of
				increase in Federal expendituresFor each category for each fiscal year
				(beginning with fiscal year 2017 and ending with fiscal year 2024), the
				Secretary shall determine whether the application of this paragraph—
										(I)to the category
				for the fiscal year will result in an aggregate increase in the aggregate
				Federal expenditures under this section; and
										(II)to all the categories for the fiscal year
				will result in a net aggregate increase in the aggregate Federal expenditures
				under this section.
										(ii)AdjustmentIf
				the Secretary determines under
				clause (i)(II) that the
				application of this paragraph to all the categories for a fiscal year will
				result in a net aggregate increase in the aggregate Federal expenditures under
				this section, the Secretary shall reduce the national average base per capita,
				per category amount computed under
				subparagraph (A) for each of the
				categories determined under
				clause (i)(I) for which
				there will be an aggregate increase in the aggregate Federal expenditures under
				this section by such uniform percentage as will ensure that there is no net
				aggregate Federal expenditure increase described in
				clause (i)(II) for the
				fiscal year.
									(5)Reports on per
				capita rates; appeals
								(A)Report to
				statesNot later than 8
				months after the date of the enactment of this section, the Secretary shall
				submit to each State the Secretary’s initial determination of—
									(i)the base per
				capita, per category amounts under paragraph (2) for such State; and
									(ii)the national
				average base per capita, per category amounts under
				paragraph (4)(A).
									(B)Opportunity to
				appealNot later than 3 months after the date a State receives
				notice of the Secretary’s initial determination of such base per capita, per
				category amounts for such State under
				subparagraph (A)(i), the State
				may file with the Secretary, in a form and manner specified by the Secretary,
				an appeal of such determination.
								(C)Determination on
				appealNot later than 3 months after receiving such an appeal,
				the Secretary shall make a final determination on such amounts for such State.
				If no such appeal is received for a State, the Secretary’s initial
				determination under
				subparagraph (A)(i) shall
				become final.
								(6)Base fiscal year
				definedIn this section, the term base fiscal year
				means the latest fiscal year, ending before the date of the enactment of this
				section, for which the Secretary determines that adequate data are available to
				make the computations required under this subsection.
							(d)Not counting
				individuals To account for excluded paymentsUnder rules specified by the Secretary,
				individuals shall not be counted as Medicaid beneficiaries for purposes of
				subsection (b)(1)(B) and
				subsection (c)(2)(A) in proportion
				to the extent that such individuals are receiving medical assistance for which
				payments described under
				subsection (a)(4)(A) are
				made.
						(e)Risk
				Adjustment
							(1)In
				generalThe amount under
				subsection (a)(1)(A) shall be
				adjusted under this subsection in an appropriate manner, specified by the
				Secretary and consistent with
				paragraph (2), to take into
				account—
								(A)the factors
				described in
				subsection (c)(2)(C)(i)(I)
				within a category of beneficiaries; and
								(B)variations in
				costs on a county-by-county basis for medical assistance and administrative
				expenses.
								(2)Method of
				adjustmentThe adjustments under
				paragraph (1) shall be made in a
				manner similar to the manner in which similar adjustments are made under
				subsection (c)(2)(C) and
				consistent with the requirements of clause (iii) of such subsection.
							(f)Chronic care
				quality bonus payments
							(1)Determination of
				bonus paymentsIf the
				Secretary determines that, based on the reports under
				paragraph (5), with respect to
				categories of chronic disease for which chronic care performance targets had
				been established under
				paragraph (3) for each category of
				Medicaid beneficiaries specified under
				subsection (b)(2) such targets have
				been met by a State, the Secretary shall make an additional payment to such
				State in the amount specified in
				paragraph (6). Such payments shall be
				made in a manner specified by the Secretary and may only be used consistent
				with
				subsection (a)(3).
							(2)Identification
				of categories of chronic diseaseThe Secretary shall determine
				the categories of chronic disease for which bonus payments may be available
				under this subsection for each category of Medicaid beneficiaries.
							(3)Adoption of
				quality measurement system and identification of performance targets
								(A)System and
				dataWith respect to the categories of chronic disease under
				paragraph (2), the Secretary shall
				adopt a quality measurement system that uses data described in
				paragraph (4) and is similar to the
				Five-Star Quality Rating System used to indicate the performance of Medicare
				Advantage plans under part C of title XVIII.
								(B)TargetsUsing
				such system and data, the Secretary shall establish the chronic care
				performance targets for purposes of the payments under
				paragraph (1). Such performance
				targets shall be established in consultation with States, associations
				representing individuals with chronic illnesses, entities providing treatment
				to such individuals for such chronic illnesses, and other stakeholders,
				including the National Association of Medicaid Directors and the National
				Governors Association.
								(4)Data to be
				usedThe data to be used under
				paragraph (3) shall include—
								(A)data collected
				through methods such as—
									(i)the Healthcare Effectiveness Data
				and Information Set (also known as HEDIS) (or an
				appropriate successor performance measurement tool);
									(ii)the Consumer Assessment of
				Healthcare Providers and Systems (also known as CAHPS)
				(or an appropriate successor performance measurement tool); and
									(iii)the Health Outcomes Survey
				(also known as HOS) (or an appropriate successor performance
				measurement tool); and
									(B)other data
				collected by the State.
								(5)Reports
								(A)In
				generalEach State shall
				collect, analyze, and report to the Secretary, at a frequency and in a manner
				to be established by the Secretary, data described in
				paragraph (4) that permit the
				Secretary to monitor the State’s performance relative to the chronic care
				performance targets established under
				paragraph (3).
								(B)Review and
				verificationThe Secretary may review the data collected by the
				State under
				subparagraph (A) to verify the
				State’s analysis of such data with respect to the performance targets under
				paragraph (3).
								(6)Amount of bonus
				payments
								(A)In
				generalSubject to subparagraphs (B) and (C), with respect to
				each category of Medicaid beneficiaries, in the case of a State that the
				Secretary determines, based on the chronic care performance targets set under
				paragraph (3) for such category,
				performs—
									(i)in
				the top five States in such category, subject to subparagraph (C)(ii), the
				amount of the bonus shall be 10 percent of the payment amount otherwise paid to
				the State under subsection (a) for individuals enrolled under the plan within
				such category;
									(ii)in the next five States in such category,
				subject to subparagraph (C)(ii), the amount of the bonus shall be 5 percent of
				the payment amount otherwise paid to the State under subsection (a) for
				individuals enrolled under the plan within such category;
									(iii)in the next five States in such category,
				subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus
				shall be 3 percent of the payment amount otherwise paid to the State under
				subsection (a) for individuals enrolled under the plan within such
				category;
									(iv)in the next five States in such category,
				subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus
				shall be 2 percent of the payment amount otherwise paid to the State under
				subsection (a) for individuals enrolled under the plan within such category;
				and
									(v)in the next five States in such category,
				subject to clauses (i) and (iii) of subparagraph (C), the amount of the bonus
				shall be 1 percent of the payment amount otherwise paid to the State under
				subsection (a) for individuals enrolled under the plan within such
				category.
									(B)Aggregate annual
				limit for each category of Medicaid beneficiaries
									(i)In
				generalIn no case may the
				aggregate amount of bonuses under this subsection for a fiscal year for a
				category of Medicaid beneficiaries exceed the limit specified in clause (ii)
				for the fiscal year.
									(ii)LimitThe
				limit specified in this clause—
										(I)for the fiscal
				year 2015 is equal to $250,000,000; or
										(II)for a subsequent fiscal year is equal to
				the limit specified in this clause for the previous fiscal year increased by
				the per capita percentage increase determined under paragraph (1)(E) of
				subsection (c).
										(C)Limitation and
				proration of bonuses based on application of aggregate limit
									(i)No bonus for
				third or subsequent tiers unless aggregate limit not reached on first two
				tiersNo bonus shall be
				payable under clause (iii), (iv), or (v) of subparagraph (A) for a category of
				Medicaid beneficiaries for a fiscal year unless the aggregate amount of bonuses
				under clauses (i) and (ii) of such subparagraph for such category and fiscal
				year is less than the limit specified in subparagraph (C)(ii) for the fiscal
				year.
									(ii)Proration for
				first two tiersIf the aggregate amount of bonuses under clauses
				(i) and (ii) of subparagraph (A) for a category of Medicaid beneficiaries for a
				fiscal year exceeds the limit specified in subparagraph (C)(ii) for the fiscal
				year, the amount of each such bonus shall be prorated in a manner so the
				aggregate amount of such bonuses is equal to such limit.
									(iii)Proration for
				next three tiersIf the
				aggregate amount of bonuses under clauses (i) and (ii) of subparagraph (A) for
				a category of Medicaid beneficiaries for a fiscal year is less than the limit
				specified in subparagraph (C)(ii) for the fiscal year, but the aggregate amount
				of bonuses under clauses (i) through (v) of subparagraph (A) for the category
				and fiscal year exceeds the limit specified in subparagraph (C)(ii) for the
				fiscal year, the amount of each bonus in clauses (iii), (iv), and (v) of
				subparagraph (A) shall be prorated in a manner so the aggregate amount of all
				the bonuses under subparagraph (A) is equal to such limit.
									(g)State option for
				receiving Medicare payments for full-Benefit dual eligible individuals
							(1)In
				generalUnder this subsection
				a State may elect for a fiscal year—
								(A)to provide to
				full-benefit dual eligible individuals eligible for medical assistance under
				the State plan, in addition to the medical assistance to which such eligible
				individuals would otherwise be entitled under this title, the items and
				services which such eligible individuals would otherwise receive under title
				XVIII; and
								(B)to receive payment
				from the Secretary under
				paragraph (3).
								(2)Payment
				requirement
								(A)In
				generalA State electing the option under this subsection shall
				provide payment to health care providers for the items and services described
				under
				paragraph (1)(A) at a rate that is
				not less than the rate at which payments would be made to such providers for
				such items and services under title XVIII.
								(B)Flexibility in
				payment methodsNothing in
				subparagraph (A) shall be
				construed as preventing a State from using alternative payment methodologies
				(such as bundled payments or the use of accountable care organizations (as such
				term is used in section 1899)) for purposes of making payments to health care
				providers for items and services provided to dual eligible individuals in the
				State under the option under this subsection.
								(3)Responsibilities
				of the SecretaryIn the case
				of a State that elects the option under
				paragraph (1) for a fiscal year, the
				Secretary shall, in addition to the amounts paid to such State under
				subsection (a), pay to a State the
				amount that the Secretary would otherwise pay under title XVIII for items and
				services provided to full-benefit dual eligible individuals in such State for
				such fiscal year.
							(4)Full-benefit
				dual eligible individual definedIn this subsection, the term
				full-benefit dual eligible individual means an individual who
				meets the requirements of section 1935(c)(6)(A)(ii).
							(h)AuditsThe
				Secretary shall conduct such audits on the number and classification of
				Medicaid beneficiaries under such subsections and expenditures under this
				section as may be necessary to ensure appropriate payments under this
				section.
						(i)Treatment of
				waivers
							(1)No impact on
				current waiversIn the case
				of a waiver of requirements of this title pursuant to section 1115 or other law
				that is in effect as of the date of the enactment of this section, nothing in
				this section shall be construed to affect such waiver for the period of the
				waiver as approved as of such date.
							(2)Application of
				budget neutrality to subsequent waivers and renewals taking section into
				accountIn the case of a
				waiver of requirements of this title pursuant to section 1115 or other law that
				is approved or renewed after the date of the enactment of this section, to the
				extent that such approval or renewal is conditioned upon a demonstration of
				budget neutrality, budget neutrality shall be determined taking into account
				the application of this section.
							(j)Report to
				CongressNot later than January 1, 2016, the Secretary shall
				submit to Congress a report on the implementation of this
				section.
						.
			(b)Conforming
			 amendments
				(1)Continued
			 application of clawback provisions
					(A)Continued
			 applicationSubsections (a) and (c)(1)(C) of section 1935 of such
			 Act (42 U.S.C. 1396u–5) are each amended by inserting or
			 1903A(a) after 1903(a).
					(B)Technical
			 amendmentSection 1935(d)(1) of the Social Security Act (42
			 U.S.C. 1396u–5(d)(1)) is amended by inserting except as provided in
			 section 1903A(g) after any other provision of this
			 title.
					(2)Payment rules
			 under section 1903
					(A)Section 1903(a) of
			 such Act (42 U.S.C. 1396b(a)) is amended, in the matter before paragraph (1),
			 by inserting and section 1903A after except as otherwise
			 provided in this section.
					(B)Section 1903(d) of such Act (42 U.S.C.
			 1396b(d)) is amended—
						(i)in paragraph (1),
			 by inserting and under section 1903A after subsections
			 (a) and (b);
						(ii)in paragraph (2)—
							(I)in subparagraph
			 (A), by inserting or section 1903A after was made under
			 this section; and
							(II)in subparagraph (B), by inserting or
			 section 1903A after under subsection (a);
							(iii)in paragraph
			 (4)—
							(I)by striking
			 under this subsection and inserting , with respect to
			 this section or section 1903A, under this subsection; and
							(II)by striking
			 under this section and inserting under the respective
			 section; and
							(iv)in paragraph (5),
			 by inserting or section 1903A after overpayment under
			 this section.
						(3)Conforming
			 waiver authoritySection 1115(a)(2)(A) of the Social Security Act
			 (42 U.S.C. 1315(a)(2)(A)) is amended by striking or 1903 and
			 inserting 1903, or 1903A.
				(4)Report on
			 additional conforming amendments neededNot later than 6 months
			 after the date of the enactment of this Act, the Secretary of Health and Human
			 Services shall submit to Congress a report that includes a description of any
			 additional technical and conforming amendments to law that are required to
			 properly carry out this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6625
		IN THE HOUSE OF REPRESENTATIVES

			December 3, 2012
			Mr. Issa (for
			 himself, Mr. Cole,
			 Mr. McHenry, and
			 Mr. Simpson) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Natural Resources, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To grant Indian tribes jurisdiction over crimes of
		  domestic violence that occur in the Indian country of that
		  tribe.

		1.Short titleThis Act may be cited as the
			 Violence Against Indian Women Act of
			 2012.
		2.Tribal
			 jurisdiction over crimes of domestic violence
			(a)In
			 generalTitle II of Public
			 Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the
			 Indian Civil Rights Act of 1968) is amended
			 by adding at the end the following:

					204.Tribal
				jurisdiction over crimes of domestic violence
						(a)DefinitionsIn
				this section:
							(1)Dating
				violenceThe term dating violence means violence
				committed by a person who is or has been in a social relationship of a romantic
				or intimate nature with the victim, as determined by the length of the
				relationship, the type of relationship, and the frequency of interaction
				between the persons involved in the relationship.
							(2)Domestic
				violenceThe term domestic violence means violence
				committed by a current or former spouse or intimate partner of the victim, by a
				person with whom the victim shares a child in common, by a person who is
				cohabitating with or has cohabitated with the victim as a spouse or intimate
				partner, or by a person similarly situated to a spouse of the victim under the
				domestic- or family-violence laws of an Indian tribe that has jurisdiction over
				the Indian country where the violence occurs.
							(3)Indian
				countryThe term Indian country has the meaning
				given the term in section 1151 of title 18, United States Code.
							(4)Participating
				tribeThe term participating tribe means an Indian
				tribe that elects to exercise special domestic violence criminal jurisdiction
				over the Indian country of that Indian tribe.
							(5)Protection
				orderThe term protection order—
								(A)means any
				injunction, restraining order, or other order issued by a civil or criminal
				court for the purpose of preventing violent or threatening acts or harassment
				against, sexual violence against, contact or communication with, or physical
				proximity to, another person; and
								(B)includes any
				temporary or final order issued by a civil or criminal court, whether obtained
				by filing an independent action or as a pendent lite order in another
				proceeding, if the civil or criminal order was issued in response to a
				complaint, petition, or motion filed by or on behalf of a person seeking
				protection.
								(6)Special domestic
				violence criminal jurisdictionThe term special domestic
				violence criminal jurisdiction means the criminal jurisdiction that a
				participating tribe may exercise under this section but could not otherwise
				exercise.
							(7)Spouse or
				intimate partnerThe term spouse or intimate partner
				has the meaning given the term in section 2266 of title 18, United States
				Code.
							(b)Nature of the
				criminal jurisdiction
							(1)In
				generalNotwithstanding any other provision of law, in addition
				to all powers of self-government recognized and affirmed by sections 201 and
				203, the powers of self-government of a participating tribe include the
				inherent power of that tribe, which is hereby recognized and affirmed, to
				exercise special domestic violence criminal jurisdiction over all
				persons.
							(2)Concurrent
				jurisdictionThe exercise of special domestic violence criminal
				jurisdiction by a participating tribe shall be concurrent with the jurisdiction
				of the United States, of a State, or of both.
							(3)ApplicabilityNothing
				in this section—
								(A)creates or
				eliminates any Federal or State criminal jurisdiction over Indian country;
				or
								(B)affects the
				authority of the United States or any State government that has been delegated
				authority by the United States to investigate and prosecute a criminal
				violation in Indian country.
								(4)Exceptions
								(A)Victim and
				defendant are both non-Indians
									(i)In
				generalA participating tribe may not exercise special domestic
				violence criminal jurisdiction over an alleged offense if neither the defendant
				nor the alleged victim is an Indian.
									(ii)Definition of
				victimIn this subparagraph and with respect to a criminal
				proceeding in which a participating tribe exercises special domestic violence
				criminal jurisdiction based on a violation of a protection order, the term
				victim means a person specifically protected by a protection order
				that the defendant allegedly violated.
									(B)Defendant lacks
				ties to the Indian tribeA participating tribe may exercise
				special domestic violence criminal jurisdiction over a defendant only if the
				defendant—
									(i)resides in the
				Indian country of the participating tribe;
									(ii)is employed in
				the Indian country of the participating tribe; or
									(iii)is a spouse,
				intimate partner, or dating partner of—
										(I)a member of the
				participating tribe; or
										(II)an Indian who
				resides in the Indian country of the participating tribe.
										(c)Criminal
				conductA participating tribe may exercise special domestic
				violence criminal jurisdiction over a defendant for criminal conduct that falls
				into one or more of the following categories:
							(1)Domestic
				violence and dating violenceAn act of domestic violence or
				dating violence that occurs in the Indian country of the participating
				tribe.
							(2)Violations of
				protection ordersAn act that—
								(A)occurs in the
				Indian country of the participating tribe; and
								(B)violates the
				portion of a protection order that—
									(i)prohibits or
				provides protection against violent or threatening acts or harassment against,
				sexual violence against, contact or communication with, or physical proximity
				to, another person;
									(ii)was issued
				against the defendant;
									(iii)is enforceable
				by the participating tribe; and
									(iv)is consistent
				with section 2265(b) of title 18, United States Code.
									(d)Rights of
				defendantsIn a criminal proceeding in which a participating
				tribe exercises special domestic violence criminal jurisdiction, the
				participating tribe shall provide to the defendant—
							(1)all applicable
				rights under this Act;
							(2)if a term of
				imprisonment of any length may be imposed, all rights described in section
				202(c);
							(3)the right to a
				trial by an impartial jury that is drawn from sources that—
								(A)reflect a fair
				cross section of the community; and
								(B)do not
				systematically exclude any distinctive group in the community, including
				non-Indians; and
								(4)all other rights
				whose protection is necessary under the Constitution of the United States in
				order for Congress to recognize and affirm the inherent power of the
				participating tribe to exercise special domestic violence criminal jurisdiction
				over the defendant.
							(e)Petitions to
				stay detention
							(1)In
				generalA person who has
				filed a petition for a writ of habeas corpus in a court of the United States
				under section 203 may petition that court to stay further detention of that
				person by the participating tribe.
							(2)Grant of
				stayA court shall grant a stay described in paragraph (1) if the
				court—
								(A)finds that there
				is a substantial likelihood that the habeas corpus petition will be granted;
				and
								(B)after giving each
				alleged victim in the matter an opportunity to be heard, finds by clear and
				convincing evidence that under conditions imposed by the court, the petitioner
				is not likely to flee or pose a danger to any person or the community if
				released.
								(3)NoticeAn
				Indian tribe that has ordered the detention of any person has a duty to timely
				notify such person of his rights and privileges under this subsection and under
				section 203.
							(f)Subject to
				RemovalA defendant charged with a crime under this section may
				petition the appropriate Federal district for removal pursuant to section 3245
				of title 18, United States Code.
						(g)Grants to tribal
				governmentsThe Attorney General may award grants to the
				governments of Indian tribes (or to authorized designees of those
				governments)—
							(1)to strengthen
				tribal criminal justice systems to assist Indian tribes in exercising special
				domestic violence criminal jurisdiction, including—
								(A)law enforcement
				(including the capacity of law enforcement or court personnel to enter
				information into and obtain information from national crime information
				databases);
								(B)prosecution;
								(C)trial and
				appellate courts;
								(D)probation
				systems;
								(E)detention and
				correctional facilities;
								(F)alternative
				rehabilitation centers;
								(G)culturally
				appropriate services and assistance for victims and their families; and
								(H)criminal codes and
				rules of criminal procedure, appellate procedure, and evidence;
								(2)to provide
				indigent criminal defendants with the effective assistance of licensed defense
				counsel, at no cost to the defendant, in criminal proceedings in which a
				participating tribe prosecutes a crime of domestic violence or dating violence
				or a criminal violation of a protection order;
							(3)to ensure that, in
				criminal proceedings in which a participating tribe exercises special domestic
				violence criminal jurisdiction, jurors are summoned, selected, and instructed
				in a manner consistent with all applicable requirements; and
							(4)to accord victims
				of domestic violence, dating violence, and violations of protection orders
				rights that are similar to the rights of a crime victim described in section
				3771(a) of title 18, United States Code, consistent with tribal law and
				custom.
							(h)Supplement, not
				supplantAmounts made available under this section shall
				supplement and not supplant any other Federal, State, tribal, or local
				government amounts made available to carry out activities described in this
				section.
						(i)Authorization of
				AppropriationsThere are authorized to be appropriated $5,000,000
				for each of fiscal years 2013 through 2017 to carry out subsection (g) and to
				provide training, technical assistance, data collection, and evaluation of the
				criminal justice systems of participating
				tribes.
						.
			(b)Clerical
			 amendmentThe table of sections for title II of the Indian Civil
			 Rights Act of 1968 (25 U.S.C. 1301 et seq.) is amended by inserting after the
			 item relating to section 203 the following:

						Sec. 204. Tribal jurisdiction over crimes of domestic
				violence.

					.
			3.Removal of
			 criminal prosecutions
			(a)In
			 generalChapter 211 of title 18, United States Code, is amended
			 by adding at the end the following:

					3245.Removal
				criminal prosecutions brought under section 204 of the Indian Civil Rights
				Act
						(a)Notice of
				removalA defendant charged
				with a crime pursuant to section 204 of the Indian Civil Rights Act of 1968 (25
				U.S.C. 1304) shall file in the district court of the United States for the
				district and division within which such prosecution is pending a notice of
				removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and
				containing a short and plain statement of the grounds for removal under
				subsection (b), together with a copy of all process, pleadings, and orders
				served upon such defendant or defendants in such action.
						(b)Grounds for
				removalNo case shall be removed unless the defendant has proven
				by a preponderance of the evidence that a right guaranteed them under section
				202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1302), has been violated,
				the tribal court has failed to adequately remedy the violation, and the
				violation is prejudicial to the defendant.
						(c)Requirements
							(1)A notice of
				removal of a criminal prosecution for domestic violence shall be filed not
				later than 30 days after the arraignment in the Tribal court, or at any time
				before trial, whichever is earlier, except that for good cause shown the United
				States district court may enter an order granting the defendant or defendants
				leave to file the notice at a later time.
							(2)A notice of
				removal of a criminal prosecution for domestic violence shall include all
				grounds for such removal. A failure to state grounds that exist at the time of
				the filing of the notice shall constitute a waiver of such grounds, and a
				second notice may be filed only on grounds not existing at the time of the
				original notice. For good cause shown, the United States district court may
				grant relief from the limitations of this paragraph.
							(3)The filing of a
				notice of removal of a criminal prosecution for domestic violence shall not
				prevent the Tribal court in which such prosecution is pending from proceeding
				further, except that a judgment of conviction shall not be entered unless the
				prosecution is first remanded.
							(4)The United States
				district court in which such notice is filed shall examine the notice promptly.
				If it clearly appears on the face of the notice and any exhibits annexed
				thereto that removal should not be permitted, the court shall make an order for
				summary remand.
							(5)If the United
				States district court does not order the summary remand of such prosecution, it
				shall order an evidentiary hearing to be held promptly and, after such hearing,
				shall make such disposition of the prosecution as justice shall require. If the
				United States district court determines that removal shall be permitted, it
				shall so notify the Tribal court in which prosecution is pending, which shall
				proceed no further.
							(d)Writ of habeas
				corpusIf the defendant or defendants are in actual custody on
				process issued by the Tribal court, the district court shall issue its writ of
				habeas corpus, and the marshal shall thereupon take such defendant or
				defendants into the marshal’s custody and deliver a copy of the writ to the
				clerk of such Tribal court.
						(e)DefinitionIn
				this section, the term domestic violence has the meaning given
				such term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C.
				13925).
						.
			(b)Clerical
			 amendmentThe table of sections for chapter 211 of title 18,
			 United States Code, is amended by inserting after the item relating to section
			 3244 the following:

						3245. Removal criminal prosecutions brought under section 204
				of the Indian Civil Rights
				Act.

					.


114 HR 1742 IH: Child and Elderly Missing Alert Program Act of 2015
U.S. House of Representatives
2015-04-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1742
IN THE HOUSE OF REPRESENTATIVES

April 13, 2015
Mr. Chabot (for himself, Mr. Deutch, and Ms. Frankel of Florida) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To authorize the Attorney General to provide a grant to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing individuals.

1.Short titleThis Act may be cited as the Child and Elderly Missing Alert Program Act of 2015. 2.Program to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, the elderly, and disabled individualsSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended—
(1)in subsection (b)— (A)in paragraph (16), by striking and after the semicolon;
(B)in paragraph (17), by striking the period and inserting ; and; and (C)by adding at the end the following new paragraph:

(18)to permit eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system, in accordance with subsection (l).; and (2)by adding at the end the following new subsection:

(l)Child and Elderly Missing Alerts
(1)In generalThe Attorney General is authorized to award grants to eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system. (2)Specified use of fundsThe grants awarded under this subsection shall be used to—
(A)provide services to Federal, State, tribal, and local law enforcement agencies, in response to a request from such agencies, to promote the rapid recovery of a missing child, an elderly individual, or a disabled individual by utilizing rapid telephone and cellular alert calls; (B)maintain and expand technologies and techniques to ensure the highest level of performance of such services;
(C)provide both centralized and on-site training and distribute information to Federal, State, tribal, and local law enforcement agency officials about missing children, elderly individuals, and disabled individuals and use of a rapid telephone and cellular alert call system; (D)provide services to Federal, State, tribal, and local Child Abduction Response Teams;
(E)assist Federal, State, tribal, and local law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (F)share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and appropriate Federal, State, tribal, and local law enforcement agencies; and
(G)assist appropriate organizations, including Federal, State, tribal, and local law enforcement agencies, with education and prevention programs related to missing children, elderly individuals, and disabled individuals. (3)EligibilityTo be an eligible nonprofit organization for purposes of a grant under this subsection, a nonprofit organization shall have experience providing rapid telephone and cellular alert calls on behalf of Federal, State, and local law enforcement agencies to find missing children and elderly adults.
(4)Grant period and renewalThe Attorney General shall determine an appropriate grant period for grants awarded under this subsection. Such grants may be renewed at the discretion of the Attorney General. (5)EvaluationThe Attorney General shall require each grantee under this subsection to annually submit the results of the monitoring and evaluations required under subsections (a) and (b) of section 1705, and shall publish an annual report regarding such results and the effectiveness of the activities carried out under each such grant.
(6)Inapplicable provisionsThe following provisions of this part shall not apply to grants awarded under this subsection: (A)Subsection (j) of this section (relating to grants to Indian tribes).
(B)Section 1703 (relating to renewal of grants). (7)DefinitionsIn this subsection:
(A)ChildThe term child means an individual under 21 years of age. (B)Disabled individualThe term disabled individual means—
(i)an individual with 1 or more disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); or (ii)an individual who has been diagnosed by a physician or other qualified medical professional with Alzheimer’s disease or a related dementia.
(C)Elderly individualThe term elderly individual means an individual who is 60 years of age or older. (D)MissingThe term missing, with respect to a child, an elderly individual, or a disabled individual, means such a child or individual who has been reported to law enforcement as missing and whose whereabouts are unknown to Federal, State, tribal, and local law enforcement agencies.
(E)Rapid telephone and cellular alert call systemThe term rapid telephone and cellular alert call system means an automated system with the ability to place at least 1,000 telephone and cellular calls in 60 seconds to a specific geographic area determined by law enforcement— (i)based on the last known whereabouts of a missing individual; or
(ii)based on other evidence and determined by such law enforcement agency to be necessary to the search for the missing individual..


115 HR 4116 IH: Transparent Drug Pricing Act of 2017
U.S. House of Representatives
2017-10-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4116IN THE HOUSE OF REPRESENTATIVESOctober 25, 2017Mr. Doggett (for himself, Mr. Cummings, Ms. DeLauro, Mr. Ellison, Mr. Pocan, Mr. Grijalva, Mr. Cicilline, Mr. Cohen, Mr. Conyers, Mr. Higgins of New York, Ms. Kaptur, Mr. Nadler, and Mr. Raskin) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to require reporting by drug manufacturers to increase
			 transparency in drug pricing, and for other purposes.

 1.Short titleThis Act may be cited as the Transparent Drug Pricing Act of 2017. 2.Drug manufacturer reportingPart P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:

				399V–7.Drug manufacturer reporting
 (a)Mandatory reportingA drug manufacturer shall submit to the Secretary and to Congress an annual report specifying with respect to the previous calendar year (except as provided in subsection (d)(2))—
 (1)the total expenditures of the manufacturer on— (A)domestic and foreign drug research and development, including an itemized description of—
 (i)basic and preclinical research; (ii)clinical research, reported separately for each clinical trial;
 (iii)development of alternative dosage forms and strengths for the drug molecule or combinations, including the molecule;
 (iv)other drug development activities, such as nonclinical laboratory studies and record and report maintenance;
 (v)pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act;
 (vi)carrying out postmarket requirements related to such drug, including under section 505(o)(3) of such Act;
 (vii)carrying out risk evaluation and mitigation strategies in accordance with section 505–1 of such Act; and
 (viii)marketing research; (B)the acquisition of drug components and packaging, in total and per unit sold, broken out by source and cost and identifying specific costs that reflect internal transfers within the manufacturer's company;
 (C)other acquisitions relating to drugs, including for the purchase of patents and licensing or the acquisition of any corporate entity owning any rights to a drug during or after development of the drug; and
 (D)marketing, advertising, and educating for the promotion of a drug, including a breakdown of amounts aimed at consumers, prescribers, managed care organizations, and others, irrespective of whether a particular drug is mentioned in the marketing, advertising, or educating;
 (2)the gross revenue, net revenue, gross profit, and net profit of the manufacturer with respect to drugs;
 (3)the total number of units of each type of drug that were sold in interstate commerce; (4)pricing information with respect to the sale of drugs, including—
 (A)wholesale acquisition cost; (B)net average price realized by prescription drug benefit managers for drugs provided to individuals in the United States, after accounting for any rebates or other payments from the manufacturer to the pharmacy benefit manager and from the pharmacy benefit manager to the manufacturer; and
 (C)the net price of each drug, after accounting for discounts, rebates, or other financial considerations, charged to purchasers in each applicable country of the Organisation for Economic Co-operation and Development;
 (5)any Federal benefits received by the manufacturer with respect to a drug, including the amounts and periods of impact for each such benefit, including tax credits; Federal grants, including from the National Institutes of Health, the Department of Defense, the Department of Energy, the Centers for Disease Control and Prevention, or other Federal departments or agencies; patent applications that benefitted from such grants; patent extensions; exclusivity periods; and waivers of fees;
 (6)the percentage of research and development expenditures described in clauses (i) through (v) of paragraph (1)(A) that were derived from Federal funds;
 (7)executive compensation for the chief executive officer, chief financial officer, and the 3 other most highly compensated executive officers, including bonuses, paid by such manufacturer, and stock options affiliated with the manufacturer that were offered to or accrued by such officers; and
 (8)any other information as the Secretary may require. (b)Voluntary supplemental reportingA drug manufacturer may supplement a report under subsection (a) with any additional information the manufacturer chooses to provide related to drug pricing decisions, such as—
 (1)total expenditures on drug research, drug development, and clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and
 (2)a list of drugs and drug prices of other manufacturers for purposes of comparison with the manufacturer’s own drugs and drug prices.
 (c)Special ruleA drug manufacturer shall— (1)to the extent possible, disaggregate the information required to be reported by this section by the particular drug involved; and
 (2)submit all information required to be reported by this section with respect to each applicable drug in a single annual report.
						(d)Submission of reports
						(1)In general
 (A)Submission by drug manufacturersDrug manufacturers shall submit the annual reports required under this section to the Secretary in a usable format, as the Secretary may require.
 (B)Collation by the SecretaryThe Secretary shall collate the reports received as described in subparagraph (A) and submit such collated reports to Congress, together with an analysis of the reports by the Secretary that includes—
 (i)a summary of data from the reports; (ii)consideration of factors such as trends on research and development costs, Federal benefits, and manufacturer patient assistance programs; and
 (iii)the relationship between the factors described in clause (ii) and prescription drug prices. (C)Public availabilityThe Secretary shall make the reports submitted by manufacturers as described in subparagraph (A) and the collated reports together with the analysis of the Secretary described in subparagraph (B) publicly available, including by posting such reports to the internet website of the Department of Health and Human Services, in a searchable format.
							(2)Initial report
 (A)In generalA drug manufacturer shall submit an initial report pursuant to this section not later than one year after the date of enactment of the Transparent Drug Pricing Act of 2017 (except as provided in subparagraph (B)).
 (B)Reporting periodNotwithstanding the requirement in subsection (a) that each report under such subsection be for the previous calendar year, the initial report of a drug manufacturer under subsection (a) shall include, for each drug marketed by the manufacturer, the information described in paragraphs (1) through (6) of subsection (a) for the calendar year period beginning with the later of—
 (i)the calendar year in which the drug was approved under section 505 of the Federal Food, Drug, and Cosmetic Act, was licensed under section 351 of this Act, or received an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3) of this Act; and
 (ii)the calendar year in which the manufacturer acquired the drug so approved, licensed, or exempted. (C)Small businessesIn the case of a drug manufacturer that has fewer than 500 employees, the initial report required by in subparagraph (A) shall be submitted by a date determined by the Secretary, which shall be—
 (i)not earlier than the deadline described in subparagraph (A); and (ii)not later than the date that is 3 years after the date of enactment of the Transparent Drug Pricing Act of 2017.
 (e)Audit by third partyThe Secretary shall select a percentage (to be determined by the Secretary) of the reports submitted under subsection (a) for a fiscal year to be audited by an accredited third-party auditor (to be selected by the Secretary).
 (f)Penalty for noncomplianceThe Secretary shall report to the Office of the Inspector General any manufacturer's failure to submit a complete report as required under this section. Any manufacturer that fails to submit a complete report required under this section shall be subject to a civil penalty of up to $200,000 for each day on which the violation continues. The Secretary shall collect the civil penalties under this subsection and, without further appropriation, shall use such funds to support research of the National Institutes of Health.
 (g)DefinitionIn this section, the term drug manufacturer means the manufacturer of an approved drug (including a drug approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act and a biological product licensed under subsection (a) or (k) of section 351 of this Act)..


110 HR 7102 IH: Ensuring Safe Facilities and Equipment

U.S. House of Representatives
2008-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 7102
		IN THE HOUSE OF REPRESENTATIVES

			September 25, 2008
			Mr. Ortiz (for
			 himself and Mr. Brady of Texas)
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To assure the safety of expeditionary facilities,
		  infrastructure, and equipment supporting United States military operations
		  overseas.

		1.Short titleThis Act may be cited as the
			 Ensuring Safe Facilities and Equipment
			 for American Troops Overseas Act.
		2.Safety of
			 expeditionary facilities, infrastructure, and equipment supporting United
			 States military operations overseasIn order to assure the safe utilization by
			 the Armed Forces of expeditionary facilities, infrastructure, and equipment
			 supporting United States military operations overseas, the Secretary of Defense
			 shall certify to the congressional defense committees, by not later than March
			 30, 2009, that each of the following actions have been accomplished:
			(1)That generally
			 accepted industry standards for the safety of personnel are incorporated into
			 military regulations establishing requirements for facilities, infrastructure,
			 and equipment, including standards with respect to fire protection and
			 structural integrity, and standards with respect to electrical systems, water
			 treatment, and telecommunication networks.
			(2)That each contract
			 or task or delivery order carried out for the construction, installation,
			 repair, maintenance, or operation of expeditionary facilities for the Armed
			 Forces overseas incorporates generally accepted industry standards for the
			 safety of personnel utilizing such facilities.
			(3)That the standards
			 required under paragraphs (1) and (2) apply in all current and future United
			 States military operations overseas.


117 HR 1610 IH: Rural Broadband Window of Opportunity Act
U.S. House of Representatives
2021-03-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1610IN THE HOUSE OF REPRESENTATIVESMarch 8, 2021Mr. Bergman introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Federal Communications Commission to prioritize the timely processing of certain long-form applications in the Rural Digital Opportunity Fund Phase I auction.1.Short titleThis Act may be cited as the Rural Broadband Window of Opportunity Act.2.PurposeThe purpose of this Act is to level the playing field for service providers participating in the Rural Digital Opportunity Fund that are disadvantaged by short construction seasons.3.Application Processing PrioritizationWith respect to the long-form applicants of the Rural Digital Opportunity Fund Phase I auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Federal Communications Commission (in this section referred to as the Commission) on December 7, 2020 (FCC 20–5), the Commission shall prioritize the timely processing of long-form applications and any subsequent paperwork (in this section referred to as the applications) submitted by the long-form applicants as follows: The Commission shall prioritize the timely processing of applications which are proposing to provide service in geographic areas which the Commission determines to have the shortest construction seasons (such as in areas characterized by long winters with heavy snowfall).


		III
		112th CONGRESS
		2d Session
		S. RES. 438
		IN THE SENATE OF THE UNITED STATES

			April 25, 2012
			Mr. Lautenberg (for
			 himself, Mr. Rockefeller,
			 Mr. Thune, and Mr. Wicker) submitted the following resolution;
			 which was considered and agreed to

		RESOLUTION
		To support the goals and ideals of National
		  Safe Digging Month.

		Whereas each year, the underground utility infrastructure
			 of the United States, including pipelines, electric, gas, telecommunications,
			 water, sewer, and cable television lines, is jeopardized by unintentional
			 damage caused by those who fail to have underground lines located prior to
			 digging;
		Whereas some utility lines are buried only a few inches
			 underground, making the lines easy to strike, even during shallow digging
			 projects;
		Whereas digging prior to locating underground utility
			 lines often results in unintended consequences, such as service interruption,
			 environmental damage, personal injury, and even death;
		Whereas the month of April marks the beginning of the peak
			 period during which excavation projects are carried out around the United
			 States;
		Whereas in 2002, Congress required the Department of
			 Transportation and the Federal Communications Commission to establish a
			 3-digit, nationwide, toll-free number to be used by State One
			 Call systems to provide information on underground utility
			 lines;
		Whereas in 2005, the Federal Communications Commission
			 designated 811 as the nationwide One Call number
			 for homeowners and excavators to use to obtain information on underground
			 utility lines before conducting excavation activities;
		Whereas One Call has helped reduce the
			 number of digging damages caused by failure to call before digging from 48
			 percent in 2004 to 32 percent in 2010;
		Whereas the 1,400 members of the Common Ground Alliance,
			 who are dedicated to ensuring public safety, environmental protection, and the
			 integrity of services, promote the national Call Before You Dig
			 campaign to increase public awareness about the importance of homeowners and
			 excavators calling 811 to find out the exact location of underground lines;
			 and
		Whereas the Common Ground Alliance has designated April as
			 National Safe Digging Month to increase awareness of safe
			 digging practices across the United States and to celebrate the anniversary of
			 811, the national Call Before You Dig number:
		Now, therefore, be it

		That the Senate—
			(1)supports the
			 goals and ideals of National Safe Digging Month; and
			(2)encourages all
			 homeowners and excavators throughout the United States to call 811 before
			 digging.


115 S3682 IS: To require the appropriate Federal banking agencies to recognize the exposure-reducing nature of client margin for cleared derivatives.
U.S. Senate
2018-11-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3682IN THE SENATE OF THE UNITED STATESNovember 29, 2018Mr. Perdue introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo require the appropriate Federal banking agencies to recognize the exposure-reducing nature of
			 client margin for cleared derivatives.

		1.Treatment of client margin
 (a)Treatment of client margin for insured depository institutionsSection 18(n) of the Federal Deposit Insurance Act (12 U.S.C. 1828(n)) is amended— (1)by striking No appropriate and inserting the following:

 (1)Unidentified intangible assetsNo appropriate; and (2)by adding at the end the following:

 (2)Treatment of client marginFor purposes of any leverage-based capital rule, guideline, standard, or requirement promulgated, prescribed, or imposed by any appropriate Federal banking agency on insured depository institutions, the amount of any initial margin provided by a client of an insured depository institution with respect to a centrally cleared derivative obligation shall be deducted from the amount of any leverage exposure arising from the insured depository institution’s guarantee of the client’s derivative obligation to the central counterparty..
 (b)Treatment of client margin for bank holding companiesSection 5(c)(3) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)(3)) is amended— (1)by adding at the end the following:

 (D)Treatment of client marginFor purposes of any leverage-based capital rule, guideline, standard, or requirement promulgated, prescribed, or imposed by the Board on bank holding companies, the amount of any initial margin provided by a client of a bank holding company or affiliate thereof with respect to a centrally cleared derivative obligation shall be deducted from the amount of any leverage exposure arising from the guarantee by the bank holding company or affiliate thereof of the client’s derivative obligation to the central counterparty..
 (c)Treatment of client margin for savings and loan holding companiesSection 10(g)(1) of the Home Owners’ Loan Act (12 U.S.C. 1467a(g)(1)) is amended— (1)by striking The Board and inserting the following:

 (A)Regulations and ordersThe Board; and (2)by adding at the end the following:

 (B)Treatment of client marginFor purposes of any leverage-based capital rule, guideline, standard, or requirement promulgated, prescribed, or imposed by the Board on savings and loan holding companies, the amount of any initial margin provided by a client of a savings and loan holding company or affiliate thereof with respect to a centrally cleared derivative obligation shall be deducted from the amount of any leverage exposure arising from the guarantee by the savings and loan holding company or affiliate thereof of the client’s derivative obligation to the central counterparty..
 (d)Amendments to leverage-Based capital regulationsNot later than the end of the 3-month period beginning on the date of the enactment of this Act, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Comptroller of the Currency shall amend their rules to implement the amendments made by this Act.


109 HRES 1088 EH: Expressing support for Lebanon’s democratic institutions and condemning the recent terrorist assassination of Lebanese parliamentarian and Industry Minister Pierre Amin Gemayel.
U.S. House of Representatives
2006-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. RES. 1088
In the House of Representatives, U. S.,

December 8, 2006

RESOLUTION
Expressing support for Lebanon’s democratic institutions and condemning the recent terrorist assassination of Lebanese parliamentarian and Industry Minister Pierre Amin Gemayel.

Whereas on November 21, 2006, Pierre Gemayel, a Member of the March 14 parliamentary coalition, was assassinated in New Jdeidé, north of Beirut, Lebanon;
Whereas a series of targeted attacks and killings of public leaders working to promote democracy and autonomy in Lebanon has placed a heavy toll on Lebanon’s intellectual and democratic freedoms;
Whereas the prosecution by the proposed International Independent Investigation Commission of persons accused in the assassination of former Prime Minister Rafik Hariri could deter future assassinations;
Whereas Pierre Gemayel was born on September 24, 1972, into a prominent Lebanese family;
Whereas Pierre Gemayel was first elected to the Lebanese Parliament in 2000;
Whereas Pierre Gemayel was named Minister of Industry in the Lebanese Government in 2005;
Whereas Amine Gemayel, the father of Pierre Gemayel and former President of Lebanon, has urged the Phalange party supporters and all Lebanese citizens to promote cooperation and solidarity and hamper attempts to instigate civil strife;
Whereas, on November 21, 2006, following Pierre Gemayel’s assassination, President George W. Bush stated that the United States remains fully committed to supporting Lebanon’s independence and democracy in the face of attempts by Syria, Iran, and their allies within Lebanon to foment instability and violence;
Whereas supporting the development of democratic institutions in Lebanon is critical to promoting the interests of the United States in the Middle East region, building upon the momentum of the March 14, 2005, Cedar Revolution, fighting terrorism, and supporting negotiations for peace in the region; and
Whereas the House Democracy Assistance Commission has worked in partnership with the Lebanese Parliament to strengthen its institutional capacity, and met with Pierre Gemayel during the Commission’s delegation to Lebanon in July 2006: Now, therefore, be it

That the House of Representatives—
(1)expresses its condolences for this heinous crime to the people of Lebanon and to the members of Lebanon’s Cabinet in which Pierre Gemayel served with distinction;
(2)affirms its support for the international tribunal to try suspects in the 2005 assassination of former Prime Minister Rafik Hariri;
(3)urges that the perpetrators of the assassination of Pierre Gemayel be brought to justice;
(4)conveys concern regarding the increasing polarization of Lebanon’s religious sects and calls on the Government of Lebanon to actively pursue electoral reform as a first step in reducing confessional tensions;
(5)recognizes that a regional peace in the Middle East will greatly contribute to Lebanon’s long-term security and stability; and
(6)reaffirms the commitment of the United States to support and promote the development of autonomous, effective democratic institutions in Lebanon, including an independent Parliament and a strong central government that represent and serve the interests of the Lebanese people.

Karen L. HaasClerk.


		II
		112th CONGRESS
		2d Session
		S. 2836
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Ms. Collins introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To reduce temporarily the duty on sodium
		  alginate.

		1.Sodium alginate
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.--.--Sodium alginate (CAS No. 9005–38–3) (provided for in subheading
						3913.10.00)2.1%No changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


115 HR 6004 IH: Caring Recovery for Infants and Babies Act
U.S. House of Representatives
2018-06-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6004IN THE HOUSE OF REPRESENTATIVESJune 5, 2018Mr. Jenkins of West Virginia (for himself and Mr. Turner) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to provide States with the option of providing
			 medical assistance at a residential pediatric recovery center to infants
			 with neonatal abstinence syndrome.

 1.Short titleThis Act may be cited as the Caring Recovery for Infants and Babies Act or the CRIB Act. 2.Medicaid State plan option to enter into provider agreements with residential pediatric recovery centers (a)State plan amendmentSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
 (1)in paragraph (82), by striking and after the semicolon; (2)in paragraph (83), by striking the period at the end and inserting ; and; and
 (3)by inserting after paragraph (83), the following new paragraph:  (84)provide, at the option of the State, for making medical assistance available on an inpatient or outpatient basis at a residential pediatric recovery center (as defined in subsection (nn)) to infants with neonatal abstinence syndrome..
 (b)Residential pediatric recovery center definedSection 1902 of such Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:

					(nn)Residential pediatric recovery center defined
 (1)In generalFor purposes of section 1902(a)(84), the term residential pediatric recovery center means a center or facility that furnishes items and services for which medical assistance is available under the State plan to infants with the diagnosis of neonatal abstinence syndrome without any other significant medical risk factors.
 (2)Counseling and servicesA residential pediatric recovery center may offer counseling and other services to mothers (and other appropriate family members and caretakers) of infants receiving treatment at such centers if such services are otherwise covered under the State plan under this title or under a waiver of such plan. Such other services may include the following:
 (A)Counseling or referrals for services. (B)Activities to encourage caregiver-infant bonding.
 (C)Training on caring for such infants.. (c)Effective dateThe amendments made by this section take effect on the date of enactment of this Act and shall apply to medical assistance furnished on or after that date, without regard to final regulations to carry out such amendments being promulgated as of such date.


115 HRES 203 RH: Of inquiry requesting the President, and directing the Attorney General, to transmit, respectively, certain documents to the House of Representatives relating to certain communications by the President of the United States.
U.S. House of Representatives
2017-03-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		House Calendar No. 35
		115th CONGRESS
		1st Session
		H. RES. 203
		[Report No. 115–83]
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2017
			Mr. Quigley (for himself, Ms. Kaptur, Mr. Nadler, Mrs. Napolitano, Ms. Speier, Ms. Moore, and Mr. Swalwell of California) submitted the following resolution; which was referred to the Committee on the Judiciary

		April 6, 2017Additional sponsors: Mr. Ted Lieu of California, Mr. Cicilline, and Mr. Cohen
			April 6, 2017
			Reported adversely with an amendment, referred to the House Calendar, and ordered to be printed
			Strike out all after the resolving clause and insert the part printed in italic

		RESOLUTION
		Of inquiry requesting the President, and directing the Attorney General, to transmit, respectively,
			 certain documents to the House of Representatives relating to certain
			 communications by the President of the United States.

 That the President is requested, and the Attorney General of the United States is directed, to transmit, respectively (in a manner appropriate to classified information, if the President or the Attorney General determines appropriate), to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, copies of any document, record, memo, correspondence, or other communication in their possessions, or any portion of any such communication, that refers or relates to the following:
 (1)President Donald J. Trump’s statement, communicated via Twitter on March 4, 2017, at 3:35 a.m.: Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism..
 (2)President Trump’s statement, communicated via Twitter on March 4, 2017, at 3:49 a.m.: Is it legal for a sitting President to be ‘wire tapping’ a race for president prior to an election? Turned down by court earlier. A NEW LOW!.
 (3)President Trump’s statement, communicated via Twitter on March 4, 2017, at 3:52 a.m.: I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!.
 (4)President Trump’s statement, communicated via Twitter on March 4, 2017, at 4:02 a.m.: How low has President Obama gone to tapp [sic] my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!.

 That the President is requested, and the Attorney General of the United States is directed, to transmit, respectively (in a manner appropriate to classified information, if the President or the Attorney General determines appropriate), to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, copies of any document, record, memo, correspondence, or other communication in their possessions, or any portion of any such communication, that refers or relates to the following:
 (1)President Donald J. Trump’s statement, communicated via Twitter on March 4, 2017, at 3:35 a.m.: Terrible! Just found out that Obama had my wires tapped in Trump Tower just before the victory. Nothing found. This is McCarthyism!; (2)President Trump’s statement, communicated via Twitter on March 4, 2017, at 3:49 a.m.: Is it legal for a sitting President to be wire tapping a race for president prior to an election? Turned down by court earlier. A NEW LOW!;
 (3)President Trump’s statement, communicated via Twitter on March 4, 2017, at 3:52 a.m.: I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!; or
 (4)President Trump’s statement, communicated via Twitter on March 4, 2017, at 4:02 a.m.: How low has President Obama gone to tapp [sic] my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!.

		April 6, 2017
		Reported adversely with an amendment, referred to the House Calendar, and ordered to be printed