		II
		109th CONGRESS
		2d Session
		S. 2678
		IN THE SENATE OF THE UNITED
		  STATES

			April 27, 2006
			Mr. Grassley introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 28, United States Code, to
		  provide for the detection and prevention of inappropriate conduct in the
		  Federal judiciary.

		1.Short titleThis Act may be cited as the
			 Judicial Transparency and Ethics
			 Enhancement Act of 2006.
		2.Inspector General for
			 the Judicial Branch
			(a)Establishment
			 and DutiesPart III of title
			 28, United States Code, is amended by adding at the end the following:

					60Inspector
				General for the Judicial Branch

							1021.
				  Establishment.
							1022. Appointment of
				  Inspector General.
							1023. Duties.
							1024. Powers.
							1025. Reports.

						1021.EstablishmentThere is established for the judicial branch
				of the Government the Office of Inspector General for the Judicial Branch (in
				this chapter referred to as the Office).
						1022.Appointment of
				Inspector GeneralThe head of
				the Office shall be the Inspector General. The Inspector General shall be
				appointed by the Chief Justice of the United States after consultation with the
				majority leader and minority leader of the Senate and the Speaker and minority
				leader of the House of Representatives.
						1023.DutiesWith respect to the Judicial Branch, the
				Office shall—
							(1)conduct investigations of matters
				pertaining to the Judicial Branch, including possible misconduct in office of
				justices and judges and proceedings under chapter 16 of this title, that may
				require oversight or other action within the Judicial Branch or by
				Congress;
							(2)conduct and supervise audits and
				investigations;
							(3)prevent and detect waste, fraud, and abuse;
				and
							(4)recommend changes in laws or regulations
				governing the Judicial Branch.
							1024.PowersIn carrying out the duties of the Office,
				the Inspector General shall have the power to—
							(1)make investigations and reports;
							(2)obtain information or assistance from any
				Federal, State, or local governmental agency, or other entity or unit thereof,
				including all information kept in the course of business by the Judicial
				Conference of the United States, the judicial councils of circuits, the
				Administrative Office of the United States Courts, and the United States
				Sentencing Commission;
							(3)require, by subpoena or otherwise, the
				attendance and testimony of such witnesses, and the production of such books,
				records, correspondence, memoranda, papers, and documents, which subpoena, in
				the case of contumacy or refusal to obey, shall be enforceable by civil
				action;
							(4)administer to or take from any person an
				oath, affirmation, or affidavit;
							(5)employ such officers and employees, subject
				to the provisions of title 5 governing appointments in the competitive service,
				and the provisions of chapter 51 and subchapter III of chapter 53 of such title
				relating to classification and General Schedule pay rates;
							(6)obtain services as authorized by section
				3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for
				a position at level IV of the Executive Schedule under section 5315 of title 5;
				and
							(7)the extent and in such amounts as may be
				provided in advance by appropriations Acts, to enter into contracts and other
				arrangements for audits, studies, analyses, and other services with public
				agencies and with private persons, and to make such payments as may be
				necessary to carry out the duties of the Office.
							1025.Reports
							(a)SubmissionThe Inspector General shall—
								(1)submit an annual report to the Chief
				Justice and to Congress relating to the activities of the Office; and
								(2)submit prompt reports to the Chief Justice
				and to Congress on matters that may require action by the Chief Justice or
				Congress.
								(b)Sensitive
				matterIf a report contains
				sensitive matter, the Inspector General may so indicate and Congress may
				receive that report in closed session.
							(c)Duty
				To inform Attorney GeneralIn carrying out the duties of the Office,
				the Inspector General shall report expeditiously to the Attorney General
				whenever the Inspector General has reasonable grounds to believe there has been
				a violation of Federal criminal law.
							1026.Whistleblower
				protection
							(a)In
				generalNo officer, employee,
				agent, contractor, or subcontractor in the Judicial Branch may discharge,
				demote, threaten, suspend, harass, or in any other manner discriminate against
				an employee in the terms and conditions of employment because of any lawful act
				done by the employee to provide information, cause information to be provided,
				or otherwise assist in an investigation regarding any possible violation of
				Federal law or regulation, or misconduct, by a judge or any other employee in
				the Judicial Branch, which may assist the Inspector General in the performance
				of duties under this chapter.
							(b)Civil
				actionAn employee injured by
				a violation of subsection (a) may, in a civil action, obtain appropriate
				relief.
							.
			(b)Technical and
			 conforming amendmentThe
			 table of chapters for part III of title 28, United States Code, is amended by
			 adding at the end the following:

						60. Inspector General for the
				Judicial
				Branch.

					.


109 HR 1164 IH: Social Security Guarantee Act of 2005
U.S. House of Representatives
2005-03-08
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.

I
109th CONGRESS
1st Session
H. R. 1164
IN THE HOUSE OF REPRESENTATIVES

March 8, 2005
Mr. Jones of North Carolina (for himself and Mr. Goode) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To guarantee the right of individuals to receive Social Security benefits under title II of the Social Security Act in full with an accurate annual cost-of-living adjustment.

1.Short titleThis Act may be cited as the Social Security Guarantee Act of 2005.
2.Guarantee of full Social Security benefits with accurate annual cost-of-living adjustment
(a)In generalOn a date not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue a benefit guarantee certificate to each individual who is determined by the Commissioner of Social Security as of such date to be entitled to benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). The Secretary shall also issue such a certificate to any individual on the date such individual is determined thereafter to be entitled to benefits under such title.
(b)Benefit guarantee certificateThe benefit guarantee certificate issued pursuant to subsection (a) shall represent a legally enforceable guarantee—
(1)of the monthly amount of benefits to which the individual is entitled under title II of the Social Security Act (as in effect on the date of the issuance of the certificate); and
(2)that the benefits will be adjusted—
(A)not less frequently than annually on the basis of an accurate determination of the increase in the cost-of-living of the individual; and
(B)in accordance with such title (as so in effect), to reflect any future changes in the eligibility status of the individual under such title.
(c)EntitlementAny certificate issued under the authority of this section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to the individual to whom the certificate is issued benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) in the amounts set forth in the certificate and adjusted thereafter as described in subsection (b)(2).


110 HR 7316 IH: To restrict nuclear cooperation with the United Arab Emirates, and for other purposes.
U.S. House of Representatives
2008-12-09
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. 7316
IN THE HOUSE OF REPRESENTATIVES

December 9, 2008
Ms. Ros-Lehtinen (for herself, Mr. Burton of Indiana, Mr. Wilson of South Carolina, and Mr. Boozman) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, 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 restrict nuclear cooperation with the United Arab Emirates, and for other purposes.

1.Short titleThis Act may be cited as the Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2008.
2.DefinitionsIn this Act:
(1)Appropriate congressional committeesThe term appropriate congressional committees means—
(A)the Committee on Foreign Affairs of the House of Representatives; and
(B)the Committee on Foreign Relations of the Senate.
(2)Government of the United Arab Emirates
(A)In generalThe term Government of the United Arab Emirates includes the government of any subdivision of the United Arab Emirates, and any agency or instrumentality of the Government of the United Arab Emirates.
(B)Agency or instrumentalityFor purposes of subparagraph (A), the term agency or instrumentality of the Government of the United Arab Emirates means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to the United Arab Emirates.
(3)Government of Iran
(A)In generalThe term Government of Iran includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran.
(B)Agency or instrumentalityFor purposes of subparagraph (A), the term agency or instrumentality of the Government of Iran means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to Iran.
(4)National of the United Arab EmiratesThe term national of the United Arab Emirates means—
(A)any citizen of the United Arab Emirates; or
(B)any other legal entity that is organized under the laws of the United Arab Emirates.
(5)National of IranThe term national of Iran means—
(A)any citizen of Iran; or
(B)any other legal entity that is organized under the laws of Iran.
3.Restriction on nuclear cooperation with the United Arab Emirates
(a)Restriction on nuclear cooperation agreementNotwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act unless not less than 30 legislative days prior to such entry into force the President certifies to the appropriate congressional committees that the requirements of subsection (c) have been met.
(b)Restriction on exports of nuclear material, equipment, or technologyNo license may be issued for the export of nuclear material, equipment, or technology to the United Arab Emirates pursuant to an agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after the date of the enactment of this Act unless not less than 30 legislative days prior to the issuance of such license the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (c) have been met.
(c)RequirementsThe requirements referred to in this subsection are the following:
(1)The Government of the United Arab Emirates has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology to the Government of Iran, including fully implementing United Nations Security Council sanctions against Iran.
(2)For the preceding 12-month period—
(A)there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification;
(B)
(i)there has been no cooperation with respect to any activity described in paragraph (1) between any national of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification; or
(ii)the Government of the United Arab Emirates has—
(I)terminated all cooperation between any such United Arab Emirates national and the Government of Iran, any such Iranian national, or any such Iranian-controlled entity;
(II)instituted effective measures to prevent a reoccurrence of any such cooperation; and
(III)prosecuted any such United Arab Emirates national; and
(C)the Government of the United Arab Emirates has not engaged in or condoned activities that violate—
(i)the Iran Sanctions Act of 1996, including Executive Orders 12957, 12959, 13059 and other executive orders issued pursuant to such Act;
(ii)the Iran, North Korea, and Syria Nonproliferation Act; and
(iii)other provisions of applicable United States law.
(3)The Government of the United Arab Emirates—
(A)has developed and fully implemented an export control regime in accordance with international standards; and
(B)has developed and implemented the appropriate or necessary legislative and functional actions to target the logistical and financial networks that support terrorist organizations.
(d)Goods, services, or technology defined
(1)In generalExcept as provided in paragraph (2), in this section, the term goods, services, or technology means—
(A)goods, services, or technology listed on—
(i)
(I)the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 7/Part 2, and subsequent revisions);
(II)the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
(III)the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
(IV)the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
(V)the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions;
(VI)the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 3 et seq.); or
(VII)the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations; or
(B)goods, services, or technology not listed on any list identified in subparagraph (A) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.
(2)ExclusionThe term goods, services, or technology does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor.
4.Requirement for congressional approval of agreements for peaceful nuclear cooperation
(a)Cooperation with other nationsSection 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first sentence—
(1)by striking not the first and second place it appears;
(2)by inserting only after effective; and
(3)by striking Provided further, and all that follows through the period at the end.
(b)Subsequent arrangementsSection 131 a.(1) of such Act is amended—
(1)in the second sentence, by striking , security and all that follows through the period at the end; and
(2)by inserting after the second sentence the following: Such subsequent arrangement shall not take effect unless the Congress enacts a joint resolution of approval, according to the procedures of sections 123 d. and 130 i. of this Act. Any such nuclear proliferation assessment statement shall be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the 31st day of continuous session after submission of the subsequent arrangement..
5.Initiatives and negotiations relating to agreements for peaceful nuclear cooperationSection 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended by adding at the end the following:

e.The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President’s announcement of such initiative or negotiations. The President shall consult with the appropriate congressional committees concerning such initiative or negotiations beginning not less than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded. .


		I
		111th CONGRESS
		1st Session
		H. R. 646
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2009
			Mr. Hinchey (for
			 himself, Ms. Jackson-Lee of Texas,
			 Mr. Ackerman,
			 Mr. Paul, Mr. Farr, Mr.
			 DeFazio, Mr. Van Hollen,
			 Mr. Frank of Massachusetts,
			 Mr. Kucinich,
			 Mr. Grijalva,
			 Mr. Nadler of New York,
			 Ms. Schakowsky,
			 Mr. Filner, and
			 Ms. Kilroy) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committees on
			 Ways and Means and
			 Oversight and Government
			 Reform, 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 amend title XVIII of the Social Security Act to
		  provide for coverage of qualified acupuncturist services under part B of the
		  Medicare Program, and to amend title 5, United States Code, to provide for
		  coverage of such services under the Federal Employees Health Benefits
		  Program.

		1.Short titleThis Act may be cited as the
			 Federal Acupuncture Coverage Act of
			 2009.
		2.Coverage of
			 acupuncturist services under Medicare
			(a)In
			 generalSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is
			 amended—
				(1)by
			 striking and at the end of subparagraph (DD);
				(2)by
			 inserting and at the end of subparagraph (EE); and
				(3)by
			 adding at the end the following new subparagraph:

						(FF)qualified acupuncturist services (as
				defined in subsection
				(hhh));
						.
				(b)Services
			 describedSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended
			 by adding at the end the following new subsection:

					(hhh)Qualified acupuncturist services(1)The term qualified
				acupuncturist services means such services furnished by a qualified
				acupuncturist (as defined in paragraph (2)) and such services and supplies
				furnished as an incident to services furnished by the qualified acupuncturist
				which the qualified acupuncturist is legally authorized to perform under State
				law (or the State regulatory mechanism provided by State law).
						(2)The term qualified
				acupuncturist means an individual who has been certified, licensed, or
				registered as an acupuncturist by a State (or the State regulatory mechanism
				provided by State
				law).
						.
			(c)Payment
			 rules
				(1)Determination of
			 amount of paymentSection 1833(a)(1) of the
			 Social Security Act (42 U.S.C.
			 1395l(a)(1)) is amended—
					(A)by striking
			 and before (W); and
					(B)by inserting before
			 the semicolon at the end the following: , and (X) with respect to
			 qualified acupuncturist services described in section 1861(s)(2)(FF)), the
			 amounts paid shall be the amount determined by a fee schedule established by
			 the Secretary for purposes of this clause (but in no event shall such amount
			 exceed the fee schedule amount provided under section 1848 for the same service
			 performed by a physician);.
					(2)Separate payment
			 for services of institutional providersSection 1833(a)(2)(B) of
			 such Act (42 U.S.C. 1395l(a)(2)(B)) is amended, in clauses (i) and (ii), by
			 inserting and in the case of qualified acupuncturist services furnished
			 at any time after 1999, each place it appears.
				(d)Effective
			 dateThe amendments made by this section apply to services
			 furnished on or after January 1, 2010.
			3.Coverage of
			 acupuncturist services under Federal employees health benefit plans
			(a)In
			 generalSection 8902(k)(1) of title 5, United States Code, is
			 amended by inserting acupuncturist, after nurse
			 midwife, each place it appears.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 services provided on or after January 1, 2010.


I
111th CONGRESS
1st Session
H. R. 434
IN THE HOUSE OF REPRESENTATIVES

January 9, 2009
Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Transportation and Infrastructure, 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 amend title 5, United States Code, to permit access to databases maintained by the Federal Emergency Management Agency for purposes of complying with sex offender registry and notification laws, and for other purposes.

1.Requirement for access to FEMA databases to comply with sex offender registry and notification lawsSection 552a(b) of title 5, United States Code, is amended—
(1)by striking or at the end of paragraph (11);
(2)by striking the period at the end of paragraph (12) and inserting ; or; and
(3)by adding at the end the following new paragraph:

(13) disclosure of a record contained in a system of records maintained by the Federal Emergency Management Agency on assistance provided to individuals in connection with a major disaster or emergency, for purposes of disclosure to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for purposes of complying with a Federal or State sex offender registry or notification law..
2.Disclosure of records maintained by nongovernmental organizations providing evacuation assistanceTitle III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following:

327.Disclosure of records maintained by nongovernmental organizations providing evacuation assistance
(a)In generalAs a condition of receipt of Federal funds under this Act for services related to evacuating individuals from an area in response to a hazard or threat of a hazard, a nongovernmental organization shall provide assurances satisfactory to the President that the organization will disclose to a jurisdiction, upon written request, records maintained by the organization in connection with such services if the purpose of the disclosure is to permit the jurisdiction to comply with a Federal or State sex offender registry or notification law.
(b)Liability protectionNotwithstanding any other provision of law, no organization or any employee thereof disclosing a record to a jurisdiction pursuant to an assurance made under subsection (a) shall be held, by reason of making the disclosure, to be liable in damages under any law of the United States or of any State (or political subdivision thereof) unless the information disclosed is false and the person providing the information knew that the information was false..


		II
		110th CONGRESS
		1st Session
		S. 1694
		IN THE SENATE OF THE UNITED STATES

			June 26, 2007
			Mrs. Boxer (for herself,
			 Mr. Thune, Mr.
			 Casey, Mrs. Clinton,
			 Mr. Nelson of Florida,
			 Mr. Menendez, Mr. Durbin, Mr.
			 Brown, and Mr. Kerry)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To authorize resources for sustained research and
		  analysis to address colony collapse disorder and the decline of North American
		  pollinators.

		1.Short titleThis Act may be cited as the
			 Pollinator Protection Act of
			 2007.
		2.FindingsCongress finds that—
			(1)many of the crops that humans and livestock
			 consume rely on pollinators for healthy growth;
			(2)pollination by honey and native bees adds
			 more than $18,000,000,000 annually to the value of United States crops;
			(3)1/3 of the food supply
			 of the United States depends on bee pollination, which makes the management and
			 protection of pollinators an issue of paramount importance to the security of
			 the United States food supply system;
			(4)colony collapse disorder is the name that
			 has been given to the latest die-off of honey bee colonies, exacerbating the
			 continual decline of pollinators in North America;
			(5)honey bee colonies in more than 23 states
			 have been affected by colony collapse disorder;
			(6)if the current rate of decline continues,
			 the United States will be forced to rely more heavily on imported foods, which
			 will destabilize the food security of the United States through adverse affects
			 on the availability, price, and quality of the many fruits, vegetables, and
			 other products that depend on animal pollination; and
			(7)enhanced funding for research on honey
			 bees, native bees, parasites, pathogens, toxins, and other environmental
			 factors affecting bees and pollination of cultivated and wild plants will
			 result in methods of response to colony collapse disorder and other factors
			 causing the decline of pollinators in North America.
			3.Authorizations of
			 appropriations
			(a)Agricultural
			 Research ServiceThere is
			 authorized to be appropriated to the Secretary of Agriculture, acting through
			 the Agricultural Research Service—
				(1)$3,000,000 for each of fiscal years 2008
			 through 2012, to be used for new personnel, facilities improvement, and
			 additional research at Department of Agriculture Bee Research
			 Laboratories;
				(2)$2,500,000 for each of fiscal years 2008
			 and 2009, to be used for research on honey and native bee physiology, insect
			 pathology, insect chemical ecology, and honey and native bee toxicology at
			 other Department of Agriculture facilities in New York, Florida, California,
			 Utah, and Texas; and
				(3)$1,750,000 for each of fiscal years 2008
			 through 2010, to be used for an area-wide research program to identify causes
			 and solutions for colony collapse disorder in affected States, of which—
					(A)$875,000 for each fiscal year shall be used
			 to carry out the program at the bee laboratory of the Agricultural Research
			 Service located in Beltsville, Maryland; and
					(B)$875,000 for each fiscal year shall be used
			 to carry out the program at the bee laboratory of the Agricultural Research
			 Service located in Tucson, Arizona.
					(b)Cooperative
			 State Research, Education, and Extension ServiceThere is authorized to be appropriated to
			 the Secretary of Agriculture, acting through the Cooperative State Research,
			 Education, and Extension Service, $10,000,000 for each of fiscal years 2008
			 through 2012 to be used to fund Department of Agriculture extension and
			 research grants to investigate—
				(1)honey bee biology,
			 immunology, and ecology;
				(2)honey bee
			 genomics;
				(3)honey bee
			 bioinformatics;
				(4)native bee crop
			 pollination and habitat conservation;
				(5)native bee
			 taxonomy and ecology;
				(6)pollination
			 biology;
				(7)sublethal effects
			 of insecticides, herbicides, and fungicides on honey bees, native pollinators,
			 and other beneficial insects;
				(8)the effects of
			 genetically-modified crops, including the interaction of genetically-modified
			 crops with honey bees and other native pollinators; and
				(9)honey, bumble,
			 and other native bee parasites and pathogens and effects on other native
			 pollinators.
				(c)Animal and
			 Plant Health Inspection ServiceThere is authorized to be appropriated to
			 the Secretary of Agriculture, acting through the Animal and Plant Health
			 Inspection Service, $2,250,000 for each of fiscal years 2008 through 2012 to
			 conduct a nationwide honey bee pest and pathogen surveillance program.
			4.Annual
			 reportsThe Secretary of
			 Agriculture, acting through the Agricultural Research Service and the
			 Cooperative State Research, Education, and Extension Service, shall submit to
			 the Committee on Agriculture of the House of Representatives and the Committee
			 on Agriculture, Nutrition, and Forestry of the Senate a report on the status
			 and progress of bee research projects that are carried out by the
			 Secretary.


IB
Union Calendar No. 461
112th CONGRESS 2d Session
H. R. 3803
[Report No. 112–640, Part I]
IN THE HOUSE OF REPRESENTATIVES

January 23, 2012
Mr. Franks of Arizona (for himself, Mr. Akin, Mr. Gohmert, Mr. Fleming, Mr. Walberg, Mr. Huelskamp, Mr. Pitts, Mr. Lamborn, Mr. Smith of Texas, Mr. Kingston, Mr. Smith of New Jersey, Mr. Southerland, Mrs. Schmidt, Mr. Aderholt, Mr. Harris, Mr. Bucshon, Mr. Pence, Mr. Hultgren, Mr. Boustany, Mr. Rogers of Alabama, Mr. Manzullo, Mr. Ross of Florida, Mrs. Hartzler, Mr. Fortenberry, Mr. Herger, Mr. Canseco, Mr. Lankford, Mrs. Lummis, Mr. Austin Scott of Georgia, Mr. Roe of Tennessee, Mr. Nunnelee, Mr. Marchant, Mr. Huizenga of Michigan, Mr. Murphy of Pennsylvania, Mr. Jones, Mr. Landry, Mr. Bachus, Mr. Rogers of Kentucky, Mrs. Roby, Mr. McKinley, Mr. Lipinski, Mr. Kelly, Mr. Gowdy, Mr. Jordan, Mrs. Bachmann, Mrs. Ellmers, Mr. Amash, Mr. Issa, Mr. Schweikert, and Mr. Scalise) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, 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

July 31, 2012
Additional sponsors: Mr. Neugebauer, Mr. Ribble, Mr. McIntyre, Mr. Johnson of Ohio, Mr. Guthrie, Mr. Long, Mr. Miller of Florida, Mrs. Black, Mr. Bonner, Mrs. Blackburn, Mr. Graves of Missouri, Mr. Sam Johnson of Texas, Mr. Barletta, Mr. Griffin of Arkansas, Mr. King of New York, Mr. Carter, Mr. Bishop of Utah, Mr. Conaway, Mrs. Adams, Mr. Schilling, Mr. Latta, Mr. Wilson of South Carolina, Mr. Cole, Mr. Kline, Mr. Peterson, Mr. Broun of Georgia, Mr. Womack, Mr. Goodlatte, Mr. Fincher, Mr. Pompeo, Mr. McCotter, Mrs. Emerson, Mr. Chabot, Mr. Yoder, Mr. Palazzo, Mr. Quayle, Ms. Jenkins, Mr. Calvert, Mr. Westmoreland, Mr. Burton of Indiana, Mr. Duffy, Mr. Buchanan, Mr. Cassidy, Mr. Brady of Texas, Mr. Graves of Georgia, Mr. Chaffetz, Mr. Hunter, Mr. Luetkemeyer, Mr. McHenry, Mr. Cravaack, Mr. Stutzman, Mr. Bartlett, Mr. King of Iowa, Mr. Rahall, Mr. Schock, Mr. Duncan of South Carolina, Mr. Benishek, Mr. Forbes, Mr. Alexander, Mr. Crawford, Mr. Pearce, Mr. Woodall, Mr. Terry, Mr. Duncan of Tennessee, Mr. Farenthold, Mr. Mulvaney, Mr. Burgess, Mr. Roskam, Mr. Scott of South Carolina, Mr. Royce, Mr. Stivers, Mr. Rogers of Michigan, Mr. Berg, Mr. Petri, Mr. Austria, Mr. Sullivan, Mr. Camp, Mr. Sensenbrenner, Mrs. Myrick, Mr. Coble, Mr. Gosar, Mr. Lucas, Mr. Flake, Mr. Kinzinger of Illinois, Mr. Costello, Mr. Ryan of Wisconsin, Mr. Olson, Mr. Rivera, Mr. Gibbs, Mr. Bilirakis, Mr. Posey, Mr. Shimkus, Mrs. McMorris Rodgers, Mrs. Noem, Mr. Marino, Mr. Upton, Mr. Harper, Mr. Fleischmann, Mr. Simpson, Mr. Flores, Mr. Campbell, Mr. Gingrey of Georgia, Mr. Smith of Nebraska, Mr. Young of Indiana, Mr. Rokita, Mr. Rooney, Mr. McClintock, Mr. McCaul, Mr. Labrador, Mr. Davis of Kentucky, Mr. Stearns, Mr. Tiberi, Mr. Culberson, Mrs. Miller of Michigan, Mr. Garrett, Mr. Heck, Mr. LaTourette, Ms. Foxx, Mr. Poe of Texas, Mr. Hall, Mr. Gardner, Mr. Coffman of Colorado, Ms. Buerkle, Mr. Price of Georgia, Mr. Latham, Mr. Mica, Mr. Crenshaw, Mr. Amodei, Mr. Renacci, Mr. Sessions, Mr. Nugent, Mr. Young of Florida, Mr. Turner of Ohio, Mr. Diaz-Balart, Mr. Gallegly, Mr. Lewis of California, Mr. Whitfield, Mr. West, Mr. Rigell, Mr. Hensarling, Mr. Thompson of Pennsylvania, Mr. Wittman, Mr. Brooks, Mr. Hurt, Mr. Gary G. Miller of California, Mr. Young of Alaska, Mr. Rehberg, Mr. Turner of New York, Mr. Thornberry, Mr. Shuster, Mr. Denham, Mr. Grimm, Mr. Wolf, Ms. Ros-Lehtinen, Mr. Platts, Mr. Boren, Mr. Reed, Mr. Walsh of Illinois, Mr. Barton of Texas, Mr. Rohrabacher, Mr. Guinta, Mr. Daniel E. Lungren of California, Mr. Nunes, Mr. Paulsen, Mr. Gerlach, Mr. Lance, Mr. Griffith of Virginia, Mr. Webster, Mr. Mack, Mr. Fitzpatrick, Mr. Hastings of Washington, Mr. LoBiondo, and Mr. Tipton

July 31, 2012
Reported from the Committee on the Judiciary with an amendment
Strike out all after the enacting clause and insert the part printed in italic

July 31, 2012
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on January 23, 2012

A BILL
To amend title 18, United States Code, to protect pain-capable unborn children in the District of Columbia, and for other purposes.

1.Short titleThis Act may be cited as the District of Columbia Pain-Capable Unborn Child Protection Act.
2.Legislative findingsCongress finds and declares the following:
(1)Pain receptors (nociceptors) are present throughout the unborn child’s entire body and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks after fertilization.
(2)By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.
(3)In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.
(4)Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.
(5)For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia.
(6)The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.
(7)Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.
(8)In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.
(9)Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.
(10)The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery.
(11)Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier.
(12)It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
(13)The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other.
(14)The District Council of the District of Columbia, operating under authority delegated by Congress, repealed the entire District law limiting abortions, effective April 29, 2004, so that in the District of Columbia, abortion is now legal, for any reason, until the moment of birth.
(15)Article I, section 8 of the Constitution of the United States of America provides that the Congress shall exercise exclusive Legislation in all Cases whatsoever over the District established as the seat of government of the United States, now known as the District of Columbia. The constitutional responsibility for the protection of pain-capable unborn children within the Federal District resides with the Congress.
3.District of Columbia pain-capable unborn child protection
(a)In generalChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

1532.District of Columbia pain-capable unborn child protection
(a)Unlawful conductNotwithstanding any other provision of law, including any legislation of the District of Columbia under authority delegated by Congress, it shall be unlawful for any person to perform an abortion within the District of Columbia, or attempt to do so, unless in conformity with the requirements set forth in subsection (b).
(b)Requirements for abortions
(1)The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age.
(2)
(A)Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater.
(B)Subject to subparagraph (C), subparagraph (A) does not apply if, in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions.
(C)Notwithstanding the definitions of abortion and attempt an abortion in this section, a physician terminating or attempting to terminate a pregnancy under the exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of—
(i)the death of the pregnant woman; or
(ii)the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman;than would other available methods.
(c)Criminal penaltyWhoever violates subsection (a) shall be fined under this title or imprisoned for not more than 2 years, or both.
(d)Bar to prosecutionA woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 based on such a violation.
(e)Civil remedies
(1)Civil action by woman on whom the abortion is performedA woman upon whom an abortion has been performed or attempted in violation of subsection (a), may in a civil action against any person who engaged in the violation obtain appropriate relief.
(2)Civil action by relativesThe father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may in a civil action against any person who engaged in the violation, obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion.
(3)Appropriate reliefAppropriate relief in a civil action under this subsection includes—
(A)objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B)statutory damages equal to three times the cost of the abortion; and
(C)punitive damages.
(4)Injunctive relief
(A)In generalA qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section.
(B)DefinitionIn this paragraph the term qualified plaintiff means—
(i)a woman upon whom an abortion is performed or attempted in violation of this section;
(ii)any person who is the spouse, parent, sibling or guardian of, or a current or former licensed health care provider of, that woman; or
(iii)the United States Attorney for the District of Columbia.
(5)Attorneys fees for plaintiffThe court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.
(6)Attorneys fees for defendantIf a defendant in a civil action under this section prevails and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(7)Awards against womanExcept under paragraph (6), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.
(f)Protection of Privacy in Court Proceedings
(1)In generalExcept to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party.
(2)Orders to parties, witnesses, and counselThe court shall issue appropriate orders under paragraph (1) to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists.
(3)Pseudonym requiredIn the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under paragraphs (1), (2), or (4) of subsection (e) shall do so under a pseudonym.
(4)LimitationThis subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
(g)Reporting
(1)Duty to reportAny physician who performs or attempts an abortion within the District of Columbia shall report that abortion to the relevant District of Columbia health agency (hereinafter in this section referred to as the health agency) on a schedule and in accordance with forms and regulations prescribed by the health agency.
(2)Contents of reportThe report shall include the following:
(A)Post-fertilization ageFor the determination of probable postfertilization age of the unborn child, whether ultrasound was employed in making the determination, and the week of probable post-fertilization age that was determined.
(B)Method of abortionWhich of the following methods or combination of methods was employed:
(i)Dilation, dismemberment, and evacuation of fetal parts also known as dilation and evacuation.
(ii)Intra-amniotic instillation of saline, urea, or other substance (specify substance) to kill the unborn child, followed by induction of labor.
(iii)Intracardiac or other intra-fetal injection of digoxin, potassium chloride, or other substance (specify substance) intended to kill the unborn child, followed by induction of labor.
(iv)Partial-birth abortion, as defined in section 1531.
(v)Manual vacuum aspiration without other methods.
(vi)Electrical vacuum aspiration without other methods.
(vii)Abortion induced by use of mifepristone in combination with misoprostol.
(viii)If none of the methods described in the other clauses of this subparagraph was employed, whatever method was employed.
(C)Age of womanThe age or approximate age of the pregnant woman.
(D)Compliance with requirements for exceptionThe facts relied upon and the basis for any determinations required to establish compliance with the requirements for the exception provided by subsection (b)(2).
(3)Exclusions from reports
(A)A report required under this subsection shall not contain the name or the address of the woman whose pregnancy was terminated, nor shall the report contain any other information identifying the woman.
(B)Such report shall contain a unique Medical Record Number, to enable matching the report to the woman’s medical records.
(C)Such reports shall be maintained in strict confidence by the health agency, shall not be available for public inspection, and shall not be made available except—
(i)to the United States Attorney for the District of Columbia or that Attorney’s delegate for a criminal investigation or a civil investigation of conduct that may violate this section; or
(ii)pursuant to court order in an action under subsection (e).
(4)Public reportNot later than June 30 of each year beginning after the date of enactment of this paragraph, the health agency shall issue a public report providing statistics for the previous calendar year compiled from all of the reports made to the health agency under this subsection for that year for each of the items listed in paragraph (2). The report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The health agency shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted.
(5)Failure to submit report
(A)Late feeAny physician who fails to submit a report not later than 30 days after the date that report is due shall be subject to a late fee of $1,000 for each additional 30-day period or portion of a 30-day period the report is overdue.
(B)Court order to complyA court of competent jurisdiction may, in a civil action commenced by the health agency, direct any physician whose report under this subsection is still not filed as required, or is incomplete, more than 180 days after the date the report was due, to comply with the requirements of this section under penalty of civil contempt.
(C)Disciplinary actionIntentional or reckless failure by any physician to comply with any requirement of this subsection, other than late filing of a report, constitutes sufficient cause for any disciplinary sanction which the Health Professional Licensing Administration of the District of Columbia determines is appropriate, including suspension or revocation of any license granted by the Administration.
(6)Forms and regulationsNot later than 90 days after the date of the enactment of this section, the health agency shall prescribe forms and regulations to assist in compliance with this subsection.
(7)Effective date of requirementParagraph (1) of this subsection takes effect with respect to all abortions performed on and after the first day of the first calendar month beginning after the effective date of such forms and regulations.
(h)DefinitionsIn this section the following definitions apply:
(1)AbortionThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
(A)to intentionally kill the unborn child of a woman known to be pregnant; or
(B)to otherwise intentionally terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.
(2)Attempt an abortionThe term attempt, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion in the District of Columbia.
(3)FertilizationThe term fertilization means the fusion of human spermatozoon with a human ovum.
(4)Health agencyThe term health agency means the Department of Health of the District of Columbia or any successor agency responsible for the regulation of medical practice.
(5)PerformThe term perform, with respect to an abortion, includes induce an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.
(6)PhysicianThe term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise licensed to legally perform an abortion.
(7)Post-fertilization ageThe term post-fertilization age means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.
(8)Probable post-fertilization age of the unborn childThe term probable post-fertilization age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced.
(9)Reasonable medical judgmentThe term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(10)Unborn childThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.
(11)Unemancipated minorThe term unemancipated minor means a minor who is subject to the control, authority, and supervision of a parent or guardian, as determined under the law of the State in which the minor resides.
(12)WomanThe term woman means a female human being whether or not she has reached the age of majority..
(b)Clerical amendmentThe table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:

1532. District of Columbia pain-capable unborn child protection..
(c)Chapter heading amendments
(1)Chapter heading in chapterThe chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions.
(2)Table of chapters for part IThe item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions.

July 31, 2012
Reported from the Committee on the Judiciary with an amendment
July 31, 2012
The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


113 S352 : Devil’s Staircase Wilderness Act of 2013
U.S. Senate
2013-06-20
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.

		IC
		113th CONGRESS
		1st Session
		S. 352
		IN THE HOUSE OF
		  REPRESENTATIVES

			June 20, 2013
			Referred to the Committee on Natural
			 Resources

		AN ACT
		To provide for the designation of the
		  Devil's Staircase Wilderness Area in the State of Oregon, to designate segments
		  of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Devil’s Staircase Wilderness Act of
			 2013.
		2.DefinitionsIn this Act:
			(1)MapThe term map means the map
			 entitled Devil’s Staircase Wilderness Proposal and dated June 15,
			 2010.
			(2)SecretaryThe term Secretary
			 means—
				(A)with respect to land under the jurisdiction
			 of the Secretary of Agriculture, the Secretary of Agriculture; and
				(B)with respect to land under the jurisdiction
			 of the Secretary of the Interior, the Secretary of the Interior.
				(3)StateThe term State means the State
			 of Oregon.
			(4)WildernessThe term Wilderness means the
			 Devil’s Staircase Wilderness designated by section 3(a).
			3.Devil’s staircase wilderness,
			 Oregon
			(a)DesignationIn accordance with the Wilderness Act (16
			 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and
			 Bureau of Land Management land in the State, as generally depicted on the map,
			 is designated as wilderness and as a component of the National Wilderness
			 Preservation System, to be known as the Devil’s Staircase
			 Wilderness.
			(b)Map; legal description
				(1)In generalAs soon as practicable after the date of
			 enactment of this Act, the Secretary shall prepare a map and legal description
			 of the Wilderness.
				(2)Force of lawThe map and legal description prepared
			 under paragraph (1) shall have the same force and effect as if included in this
			 Act, except that the Secretary may correct clerical and typographical errors in
			 the map and legal description.
				(3)AvailabilityThe map and legal description prepared
			 under paragraph (1) shall be on file and available for public inspection in the
			 appropriate offices of the Forest Service and Bureau of Land Management.
				(c)AdministrationSubject to valid existing rights, the area
			 designated as wilderness by this section shall be administered by the Secretary
			 in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
			 that—
				(1)any reference in that Act to the effective
			 date shall be considered to be a reference to the date of enactment of this
			 Act; and
				(2)any reference in that Act to the Secretary
			 of Agriculture shall be considered to be a reference to the Secretary that has
			 jurisdiction over the land within the Wilderness.
				(d)Fish and WildlifeNothing in this section affects the
			 jurisdiction or responsibilities of the State with respect to fish and wildlife
			 in the State.
			(e)Adjacent management
				(1)In generalNothing in this section creates any
			 protective perimeter or buffer zone around the Wilderness.
				(2)Activities outside wildernessThe fact that a nonwilderness activity or
			 use on land outside the Wilderness can be seen or heard within the Wilderness
			 shall not preclude the activity or use outside the boundary of the
			 Wilderness.
				(f)Protection of Tribal RightsNothing in this section diminishes any
			 treaty rights of an Indian tribe.
			(g)Transfer of administrative
			 jurisdiction
				(1)In generalAdministrative jurisdiction over the
			 approximately 49 acres of Bureau of Land Management land north of the Umpqua
			 River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land
			 Management to the Forest Service.
				(2)AdministrationThe Secretary shall administer the land
			 transferred by paragraph (1) in accordance with—
					(A)the Act of March 1, 1911 (commonly known as
			 the Weeks Law) (16 U.S.C. 480 et seq.); and
					(B)any laws (including regulations) applicable
			 to the National Forest System.
					4.Wild and Scenic River designations, Wasson
			 Creek and Franklin Creek, OregonSection 3(a) of the Wild and Scenic Rivers
			 Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

				(208)Franklin Creek, OregonThe 4.5-mile segment from its headwaters to
				the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey
				recorded in the Official Records of Douglas County, Oregon, as M64–62, to be
				administered by the Secretary of Agriculture as a wild river.
				(209)Wasson Creek, OregonThe 10.1-mile segment in the following
				classes:
					(A)The 4.2-mile segment from the eastern
				boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of
				sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the
				Interior as a wild river.
					(B)The 5.9-mile segment from the western
				boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of
				the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the
				Secretary of Agriculture as a wild
				river.
					.

			Passed the Senate
			 June 19, 2013.
			Nancy Erickson,
			Secretary


IV
111th CONGRESS
1st Session
H. RES. 211
In the House of Representatives, U. S.,

March 17, 2009

RESOLUTION
Supporting the goals and ideals of National Women’s History Month.

Whereas the purpose of National Women's History Month is to increase awareness and knowledge of women's involvement in history;
Whereas as recently as the 1970s, women's history was rarely included in the kindergarten through grade 12 curriculum and was not part of public awareness;
Whereas the Education Task Force of the Sonoma County (California) Commission on the Status of Women initiated a Women's History Week celebration in 1978 centered around International Women's History Day, which is celebrated on March 8th;
Whereas in 1981, responding to the growing popularity of women's history celebrations, Congress passed a resolution making Women's History Week a national observance;
Whereas during this time, using information provided by the National Women's History Project, founded in Sonoma County, California, thousands of schools and communities joined in the commemoration of National Women's History Week, with support and encouragement from governors, city councils, school boards, and Congress;
Whereas in 1987, the National Women's History Project petitioned Congress to expand the national celebration to include the entire month of March;
Whereas educators, workplace program planners, parents, and community organizations in thousands of American communities, under the guidance of the National Women's History Project, have turned National Women's History Month into a major local learning experience and celebration;
Whereas the popularity of women's history celebrations has sparked a new interest in uncovering women's forgotten heritage;
Whereas the President's Commission on the Celebration of Women in American History was established to consider how best to acknowledge and celebrate the roles and accomplishments of women in American history;
Whereas the National Women's History Museum was founded in 1996 as an institution dedicated to preserving, interpreting, and celebrating the diverse historic contributions of women, and integrating this rich heritage fully into the Nation's teachings and history books;
Whereas the House of Representatives recognizes March 2009 as National Women's History Month; and
Whereas the theme of National Women’s History Month for 2009 is women taking the lead to save our planet: Now, therefore, be it

That the House of Representatives—
(1)supports the goals and ideals of National Women's History Month; and
(2)recognizes and honors the women and organizations in the United States that have fought for and continue to promote the teaching of women's history.

Lorraine C. Miller,Clerk.


		I
		111th CONGRESS
		1st Session
		H. R. 676
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2009
			Mr. Conyers (for
			 himself, Mr. Kucinich,
			 Ms. Watson,
			 Mr. Ellison,
			 Mr. Hinchey,
			 Mr. Davis of Illinois,
			 Ms. Baldwin,
			 Ms. Lee of California,
			 Mr. Massa,
			 Mr. Nadler of New York,
			 Mr. McDermott,
			 Mr. Doyle,
			 Mr. Gutierrez,
			 Mr. Olver,
			 Ms. Kaptur,
			 Ms. Jackson-Lee of Texas,
			 Mr. Engel,
			 Mr. Meeks of New York,
			 Ms. Clarke,
			 Mr. Farr, Mrs. Napolitano, Ms.
			 Pingree of Maine, Mr.
			 Tonko, Ms. Edwards of
			 Maryland, Mr. Grijalva,
			 Mr. Berman,
			 Mr. Delahunt,
			 Mr. Clay, Ms. Kilpatrick of Michigan,
			 Ms. Woolsey, and
			 Mr. Cohen) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committees on
			 Ways and Means and
			 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 provide for comprehensive health insurance coverage
		  for all United States residents, improved health care delivery, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited as the United States National Health Care Act or the Expanded and
			 Improved Medicare for All Act.
			(b)Table of
			 ContentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Definitions and terms.
					Title I—ELIGIBILITY AND BENEFITS
					Sec. 101. Eligibility and registration.
					Sec. 102. Benefits and portability.
					Sec. 103. Qualification of participating providers.
					Sec. 104. Prohibition against duplicating coverage.
					Title II—FINANCES
					Subtitle A—Budgeting and Payments
					Sec. 201. Budgeting process.
					Sec. 202. Payment of providers and health care
				clinicians.
					Sec. 203. Payment for long-term care.
					Sec. 204. Mental health services.
					Sec. 205. Payment for prescription medications, medical
				supplies, and medically necessary assistive equipment.
					Sec. 206. Consultation in establishing reimbursement
				levels.
					Subtitle B—Funding
					Sec. 211. Overview: funding the USNHC Program.
					Sec. 212. Appropriations for existing programs.
					Title III—ADMINISTRATION
					Sec. 301. Public administration; appointment of
				Director.
					Sec. 302. Office of Quality Control.
					Sec. 303. Regional and State administration; employment of
				displaced clerical workers.
					Sec. 304. Confidential Electronic Patient Record
				System.
					Sec. 305. National Board of Universal Quality and
				Access.
					Title IV—ADDITIONAL PROVISIONS
					Sec. 401. Treatment of VA and IHS health programs.
					Sec. 402. Public health and prevention.
					Sec. 403. Reduction in health disparities.
					Title V—EFFECTIVE DATE
					Sec. 501. Effective date.

			2.Definitions and
			 termsIn this Act:
			(1)USNHC Program;
			 programThe terms USNHC Program and
			 Program mean the program of benefits provided under this Act and,
			 unless the context otherwise requires, the Secretary with respect to functions
			 relating to carrying out such program.
			(2)National board of
			 universal quality and accessThe term National Board of
			 Universal Quality and Access means such Board established under section
			 305.
			(3)Regional
			 officeThe term regional office means a regional
			 office established under section 303.
			(4)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
			(5)DirectorThe
			 term Director means, in relation to the Program, the Director
			 appointed under section 301.
			IELIGIBILITY AND
			 BENEFITS
			101.Eligibility and
			 registration
				(a)In
			 GeneralAll individuals residing in the United States (including
			 any territory of the United States) are covered under the USNHC Program
			 entitling them to a universal, best quality standard of care. Each such
			 individual shall receive a card with a unique number in the mail. An
			 individual’s social security number shall not be used for purposes of
			 registration under this section.
				(b)RegistrationIndividuals
			 and families shall receive a United States National Health Insurance Card in
			 the mail, after filling out a United States National Health Insurance
			 application form at a health care provider. Such application form shall be no
			 more than 2 pages long.
				(c)PresumptionIndividuals
			 who present themselves for covered services from a participating provider shall
			 be presumed to be eligible for benefits under this Act, but shall complete an
			 application for benefits in order to receive a United States National Health
			 Insurance Card and have payment made for such benefits.
				(d)Residency
			 criteriaThe Secretary shall promulgate a rule that provides
			 criteria for determining residency for eligibility purposes under the USNHC
			 Program.
				(e)Coverage for
			 visitorsThe Secretary shall
			 promulgate a rule regarding visitors from other countries who seek premeditated
			 non-emergency surgical procedures. Such a rule should facilitate the
			 establishment of country-to-country reimbursement arrangements or self pay
			 arrangements between the visitor and the provider of care.
				102.Benefits and
			 portability
				(a)In
			 GeneralThe health care benefits under this Act cover all
			 medically necessary services, including at least the following:
					(1)Primary care and
			 prevention.
					(2)Inpatient
			 care.
					(3)Outpatient
			 care.
					(4)Emergency
			 care.
					(5)Prescription
			 drugs.
					(6)Durable medical
			 equipment.
					(7)Long-term
			 care.
					(8)Palliative
			 care.
					(9)Mental health
			 services.
					(10)The full scope of
			 dental services (other than cosmetic dentistry).
					(11)Substance abuse
			 treatment services.
					(12)Chiropractic
			 services.
					(13)Basic vision care
			 and vision correction (other than laser vision correction for cosmetic
			 purposes).
					(14)Hearing services,
			 including coverage of hearing aids.
					(15)Podiatric
			 care.
					(b)PortabilitySuch
			 benefits are available through any licensed health care clinician anywhere in
			 the United States that is legally qualified to provide the benefits.
				(c)No
			 Cost-SharingNo deductibles, copayments, coinsurance, or other
			 cost-sharing shall be imposed with respect to covered benefits.
				103.Qualification
			 of participating providers
				(a)Requirement To
			 Be Public or Non-Profit
					(1)In
			 generalNo institution may be a participating provider unless it
			 is a public or not-for-profit institution. Private physicians, private clinics,
			 and private health care providers shall continue to operate as private
			 entities, but are prohibited from being investor owned.
					(2)Conversion of
			 investor-owned providersFor-profit providers of care opting to
			 participate shall be required to convert to not-for-profit status.
					(3)Private delivery
			 of care requirementFor-profit providers of care that convert to
			 non-profit status shall remain privately owned and operated entities.
					(4)Compensation for
			 conversionThe owners of such for-profit providers shall be
			 compensated for reasonable financial losses incurred as a result of the
			 conversion from for-profit to non-profit status.
					(5)FundingThere
			 are authorized to be appropriated from the Treasury such sums as are necessary
			 to compensate investor-owned providers as provided for under paragraph
			 (3).
					(6)RequirementsThe
			 payments to owners of converting for-profit providers shall occur during a
			 15-year period, through the sale of U.S. Treasury Bonds. Payment for
			 conversions under paragraph (3) shall not be made for loss of business
			 profits.
					(7)Mechanism for
			 conversion processThe Secretary shall promulgate a rule to
			 provide a mechanism to further the timely, efficient, and feasible conversion
			 of for-profit providers of care.
					(b)Quality
			 Standards
					(1)In
			 generalHealth care delivery facilities must meet State quality
			 and licensing guidelines as a condition of participation under such program,
			 including guidelines regarding safe staffing and quality of care.
					(2)Licensure
			 requirementsParticipating clinicians must be licensed in their
			 State of practice and meet the quality standards for their area of care. No
			 clinician whose license is under suspension or who is under disciplinary action
			 in any State may be a participating provider.
					(c)Participation of
			 Health Maintenance Organizations
					(1)In
			 generalNon-profit health maintenance organizations that deliver
			 care in their own facilities and employ clinicians on a salaried basis may
			 participate in the program and receive global budgets or capitation payments as
			 specified in section 202.
					(2)Exclusion of
			 certain health maintenance organizationsOther health maintenance
			 organizations, including those which principally contract to pay for services
			 delivered by non-employees, shall be classified as insurance plans. Such
			 organizations shall not be participating providers, and are subject to the
			 regulations promulgated by reason of section 104(a) (relating to prohibition
			 against duplicating coverage).
					(d)Freedom of
			 ChoicePatients shall have free choice of participating
			 physicians and other clinicians, hospitals, and inpatient care
			 facilities.
				104.Prohibition
			 against duplicating coverage
				(a)In
			 GeneralIt is unlawful for a private health insurer to sell
			 health insurance coverage that duplicates the benefits provided under this
			 Act.
				(b)ConstructionNothing
			 in this Act shall be construed as prohibiting the sale of health insurance
			 coverage for any additional benefits not covered by this Act, such as for
			 cosmetic surgery or other services and items that are not medically
			 necessary.
				IIFINANCES
			ABudgeting and
			 Payments
				201.Budgeting
			 process
					(a)Establishment of
			 Operating Budget and Capital Expenditures Budget
						(1)In
			 generalTo carry out this Act there are established on an annual
			 basis consistent with this title—
							(A)an operating
			 budget, including amounts for optimal physician, nurse, and other health care
			 professional staffing;
							(B)a capital
			 expenditures budget;
							(C)reimbursement
			 levels for providers consistent with subtitle B; and
							(D)a health
			 professional education budget, including amounts for the continued funding of
			 resident physician training programs.
							(2)Regional
			 allocationAfter Congress appropriates amounts for the annual
			 budget for the USNHC Program, the Director shall provide the regional offices
			 with an annual funding allotment to cover the costs of each region’s
			 expenditures. Such allotment shall cover global budgets, reimbursements to
			 clinicians, health professional education, and capital expenditures. Regional
			 offices may receive additional funds from the national program at the
			 discretion of the Director.
						(b)Operating
			 BudgetThe operating budget shall be used for—
						(1)payment for
			 services rendered by physicians and other clinicians;
						(2)global budgets for
			 institutional providers;
						(3)capitation payments
			 for capitated groups; and
						(4)administration of
			 the Program.
						(c)Capital
			 Expenditures BudgetThe capital expenditures budget shall be used
			 for funds needed for—
						(1)the construction
			 or renovation of health facilities; and
						(2)for major
			 equipment purchases.
						(d)Prohibition
			 Against Co-Mingling Operations and Capital Improvement FundsIt
			 is prohibited to use funds under this Act that are earmarked—
						(1)for operations for
			 capital expenditures; or
						(2)for capital
			 expenditures for operations.
						202.Payment of
			 providers and health care clinicians
					(a)Establishing
			 Global Budgets; Monthly Lump Sum
						(1)In
			 generalThe USNHC Program, through its regional offices, shall
			 pay each institutional provider of care, including hospitals, nursing homes,
			 community or migrant health centers, home care agencies, or other institutional
			 providers or pre-paid group practices, a monthly lump sum to cover all
			 operating expenses under a global budget.
						(2)Establishment of
			 global budgetsThe global budget of a provider shall be set
			 through negotiations between providers, State directors, and regional
			 directors, but are subject to the approval of the Director. The budget shall be
			 negotiated annually, based on past expenditures, projected changes in levels of
			 services, wages and input, costs, a provider’s maximum capacity to provide
			 care, and proposed new and innovative programs.
						(b)Three Payment
			 Options for Physicians and Certain Other Health Professionals
						(1)In
			 generalThe Program shall pay physicians, dentists, doctors of
			 osteopathy, pharmacists, psychologists, chiropractors, doctors of optometry,
			 nurse practitioners, nurse midwives, physicians’ assistants, and other advanced
			 practice clinicians as licensed and regulated by the States by the following
			 payment methods:
							(A)Fee for service
			 payment under paragraph (2).
							(B)Salaried positions
			 in institutions receiving global budgets under paragraph (3).
							(C)Salaried positions
			 within group practices or non-profit health maintenance organizations receiving
			 capitation payments under paragraph (4).
							(2)Fee for
			 service
							(A)In
			 generalThe Program shall negotiate a simplified fee schedule
			 that is fair and optimal with representatives of physicians and other
			 clinicians, after close consultation with the National Board of Universal
			 Quality and Access and regional and State directors. Initially, the current
			 prevailing fees or reimbursement would be the basis for the fee negotiation for
			 all professional services covered under this Act.
							(B)ConsiderationsIn
			 establishing such schedule, the Director shall take into consideration the
			 following:
								(i)The
			 need for a uniform national standard.
								(ii)The
			 goal of ensuring that physicians, clinicians, pharmacists, and other medical
			 professionals be compensated at a rate which reflects their expertise and the
			 value of their services, regardless of geographic region and past fee
			 schedules.
								(C)State physician
			 practice review boardsThe State director for each State, in
			 consultation with representatives of the physician community of that State,
			 shall establish and appoint a physician practice review board to assure
			 quality, cost effectiveness, and fair reimbursements for physician delivered
			 services.
							(D)Final
			 guidelinesThe Director shall be responsible for promulgating
			 final guidelines to all providers.
							(E)BillingUnder
			 this Act physicians shall submit bills to the regional director on a simple
			 form, or via computer. Interest shall be paid to providers who are not
			 reimbursed within 30 days of submission.
							(F)No balance
			 billingLicensed health care clinicians who accept any payment
			 from the USNHC Program may not bill any patient for any covered service.
							(G)Uniform computer
			 electronic billing systemThe Director shall create a uniform
			 computerized electronic billing system, including those areas of the United
			 States where electronic billing is not yet established.
							(3)Salaries within
			 institutions receiving global budgets
							(A)In
			 generalIn the case of an institution, such as a hospital, health
			 center, group practice, community and migrant health center, or a home care
			 agency that elects to be paid a monthly global budget for the delivery of
			 health care as well as for education and prevention programs, physicians and
			 other clinicians employed by such institutions shall be reimbursed through a
			 salary included as part of such a budget.
							(B)Salary
			 rangesSalary ranges for health care providers shall be
			 determined in the same way as fee schedules under paragraph (2).
							(4)Salaries within
			 capitated groups
							(A)In
			 generalHealth maintenance organizations, group practices, and
			 other institutions may elect to be paid capitation payments to cover all
			 outpatient, physician, and medical home care provided to individuals enrolled
			 to receive benefits through the organization or entity.
							(B)ScopeSuch
			 capitation may include the costs of services of licensed physicians and other
			 licensed, independent practitioners provided to inpatients. Other costs of
			 inpatient and institutional care shall be excluded from capitation payments,
			 and shall be covered under institutions’ global budgets.
							(C)Prohibition of
			 selective enrollmentPatients
			 shall be permitted to enroll or disenroll from such organizations or entities
			 without discrimination and with appropriate notice.
							(D)Health
			 maintenance organizationsUnder this Act—
								(i)health maintenance
			 organizations shall be required to reimburse physicians based on a salary;
			 and
								(ii)financial
			 incentives between such organizations and physicians based on utilization are
			 prohibited.
								203.Payment for
			 long-term care
					(a)Allotment for
			 RegionsThe Program shall provide for each region a single
			 budgetary allotment to cover a full array of long-term care services under this
			 Act.
					(b)Regional
			 BudgetsEach region shall provide a global budget to local
			 long-term care providers for the full range of needed services, including
			 in-home, nursing home, and community based care.
					(c)Basis for
			 BudgetsBudgets for long-term care services under this section
			 shall be based on past expenditures, financial and clinical performance,
			 utilization, and projected changes in service, wages, and other related
			 factors.
					(d)Favoring
			 Non-Institutional CareAll efforts shall be made under this Act
			 to provide long-term care in a home- or community-based setting, as opposed to
			 institutional care.
					204.Mental health
			 services
					(a)In
			 GeneralThe Program shall provide coverage for all medically
			 necessary mental health care on the same basis as the coverage for other
			 conditions. Licensed mental health clinicians shall be paid in the same manner
			 as specified for other health professionals, as provided for in section
			 202(b).
					(b)Favoring
			 Community-Based CareThe USNHC Program shall cover supportive
			 residences, occupational therapy, and ongoing mental health and counseling
			 services outside the hospital for patients with serious mental illness. In all
			 cases the highest quality and most effective care shall be delivered, and, for
			 some individuals, this may mean institutional care.
					205.Payment for
			 prescription medications, medical supplies, and medically necessary assistive
			 equipment
					(a)Negotiated
			 PricesThe prices to be paid each year under this Act for covered
			 pharmaceuticals, medical supplies, and medically necessary assistive equipment
			 shall be negotiated annually by the Program.
					(b)Prescription
			 Drug Formulary
						(1)In
			 generalThe Program shall establish a prescription drug formulary
			 system, which shall encourage best-practices in prescribing and discourage the
			 use of ineffective, dangerous, or excessively costly medications when better
			 alternatives are available.
						(2)Promotion of use
			 of genericsThe formulary shall promote the use of generic
			 medications but allow the use of brand-name and off-formulary
			 medications.
						(3)Formulary
			 updates and petition rightsThe formulary shall be updated
			 frequently and clinicians and patients may petition their region or the
			 Director to add new pharmaceuticals or to remove ineffective or dangerous
			 medications from the formulary.
						206.Consultation in
			 establishing reimbursement levelsReimbursement levels under this subtitle
			 shall be set after close consultation with regional and State Directors and
			 after the annual meeting of National Board of Universal Quality and
			 Access.
				BFunding
				211.Overview:
			 funding the USNHC Program
					(a)In
			 GeneralThe USNHC Program is to be funded as provided in
			 subsection (c)(1).
					(b)USNHC Trust
			 FundThere shall be established a USNHC Trust Fund in which funds
			 provided under this section are deposited and from which expenditures under
			 this Act are made.
					(c)Funding
						(1)In
			 generalThere are appropriated to the USNHC Trust Fund amounts
			 sufficient to carry out this Act from the following sources:
							(A)Existing sources
			 of Federal Government revenues for health care.
							(B)Increasing
			 personal income taxes on the top 5 percent income earners.
							(C)Instituting a
			 modest and progressive excise tax on payroll and self-employment income.
							(D)Instituting a small
			 tax on stock and bond transactions.
							(2)System savings
			 as a source of financingFunding otherwise required for the
			 Program is reduced as a result of—
							(A)vastly reducing
			 paperwork;
							(B)requiring a
			 rational bulk procurement of medications under section 205(a); and
							(C)improved access to
			 preventive health care.
							(3)Additional
			 annual appropriations to USNHC ProgramAdditional sums are
			 authorized to be appropriated annually as needed to maintain maximum quality,
			 efficiency, and access under the Program.
						212.Appropriations
			 for existing programsNotwithstanding any other provision of law,
			 there are hereby transferred and appropriated to carry out this Act, amounts
			 from the Treasury equivalent to the amounts the Secretary estimates would have
			 been appropriated and expended for Federal public health care programs,
			 including funds that would have been appropriated under the Medicare program
			 under title XVIII of the Social Security
			 Act, under the Medicaid program under title XIX of such Act, and
			 under the Children’s Health Insurance Program under title XXI of such
			 Act.
				IIIADMINISTRATION
			301.Public
			 administration; appointment of Director
				(a)In
			 GeneralExcept as otherwise specifically provided, this Act shall
			 be administered by the Secretary through a Director appointed by the
			 Secretary.
				(b)Long-Term
			 CareThe Director shall appoint a director for long-term care who
			 shall be responsible for administration of this Act and ensuring the
			 availability and accessibility of high quality long-term care services.
				(c)Mental
			 HealthThe Director shall appoint a director for mental health
			 who shall be responsible for administration of this Act and ensuring the
			 availability and accessibility of high quality mental health services.
				302.Office of
			 Quality ControlThe Director
			 shall appoint a director for an Office of Quality Control. Such director shall,
			 after consultation with state and regional directors, provide annual
			 recommendations to Congress, the President, the Secretary, and other Program
			 officials on how to ensure the highest quality health care service delivery.
			 The director of the Office of Quality Control shall conduct an annual review on
			 the adequacy of medically necessary services, and shall make recommendations of
			 any proposed changes to the Congress, the President, the Secretary, and other
			 USNHC Program officials.
			303.Regional and
			 State administration; employment of displaced clerical workers
				(a)Establishment of
			 USNHC Program regional officesThe Secretary shall establish and
			 maintain USNHC regional offices for the purpose of distributing funds to
			 providers of care. Whenever possible, the Secretary should incorporate
			 pre-existing Medicare infrastructure for this purpose.
				(b)Appointment of
			 Regional and State DirectorsIn each such regional office there
			 shall be—
					(1)one regional
			 director appointed by the Director; and
					(2)for each State in
			 the region, a deputy director (in this Act referred to as a State
			 Director) appointed by the governor of that State.
					(c)Regional Office
			 DutiesRegional offices of
			 the Program shall be responsible for—
					(1)coordinating
			 funding to health care providers and physicians; and
					(2)coordinating
			 billing and reimbursements with physicians and health care providers through a
			 State-based reimbursement system.
					(d)State Director’s
			 DutiesEach State Director shall be responsible for the following
			 duties:
					(1)Providing an
			 annual state health care needs assessment report to the National Board of
			 Universal Quality and Access, and the regional board, after a thorough
			 examination of health needs, in consultation with public health officials,
			 clinicians, patients, and patient advocates.
					(2)Health planning,
			 including oversight of the placement of new hospitals, clinics, and other
			 health care delivery facilities.
					(3)Health planning,
			 including oversight of the purchase and placement of new health equipment to
			 ensure timely access to care and to avoid duplication.
					(4)Submitting global
			 budgets to the regional director.
					(5)Recommending
			 changes in provider reimbursement or payment for delivery of health services in
			 the State.
					(6)Establishing a
			 quality assurance mechanism in the State in order to minimize both under
			 utilization and over utilization and to assure that all providers meet high
			 quality standards.
					(7)Reviewing program
			 disbursements on a quarterly basis and recommending needed adjustments in fee
			 schedules needed to achieve budgetary targets and assure adequate access to
			 needed care.
					(e)First Priority in
			 Retraining and Job Placement; 2 Years of Salary Parity
			 BenefitsThe Program shall provide that clerical, administrative,
			 and billing personnel in insurance companies, doctors offices, hospitals,
			 nursing facilities, and other facilities whose jobs are eliminated due to
			 reduced administration—
					(1)should have first
			 priority in retraining and job placement in the new system; and
					(2)shall be eligible
			 to receive two years of USNHC employment transition benefits with each year’s
			 benefit equal to salary earned during the last 12 months of employment, but
			 shall not exceed $100,000 per year.
					(f)Establishment of
			 USNHC employment transition fundThe Secretary shall establish a
			 trust fund from which expenditures shall be made to recipients of the benefits
			 allocated in subsection (e).
				(g)Annual
			 appropriations to USNHC employment transition fundSums are
			 authorized to be appropriated annually as needed to fund the USNHC Employment
			 Transition Benefits.
				(h)Retention of
			 right to unemployment benefitsNothing in this section shall be
			 interpreted as a waiver of USNHC Employment Transition benefit recipients’
			 right to receive Federal and State unemployment benefits.
				304.Confidential
			 Electronic Patient Record System
				(a)In
			 GeneralThe Secretary shall create a standardized, confidential
			 electronic patient record system in accordance with laws and regulations to
			 maintain accurate patient records and to simplify the billing process, thereby
			 reducing medical errors and bureaucracy.
				(b)Patient
			 OptionNotwithstanding that all billing shall be preformed
			 electronically, patients shall have the option of keeping any portion of their
			 medical records separate from their electronic medical record.
				305.National Board
			 of Universal Quality and Access
				(a)Establishment
					(1)In
			 generalThere is established a National Board of Universal
			 Quality and Access (in this section referred to as the Board)
			 consisting of 15 members appointed by the President, by and with the advice and
			 consent of the Senate.
					(2)QualificationsThe
			 appointed members of the Board shall include at least one of each of the
			 following:
						(A)Health care
			 professionals.
						(B)Representatives of
			 institutional providers of health care.
						(C)Representatives of
			 health care advocacy groups.
						(D)Representatives of
			 labor unions.
						(E)Citizen patient
			 advocates.
						(3)TermsEach
			 member shall be appointed for a term of 6 years, except that the President
			 shall stagger the terms of members initially appointed so that the term of no
			 more than 3 members expires in any year.
					(4)Prohibition on
			 conflicts of interestNo member of the Board shall have a
			 financial conflict of interest with the duties before the Board.
					(b)Duties
					(1)In
			 generalThe Board shall meet at least twice per year and shall
			 advise the Secretary and the Director on a regular basis to ensure quality,
			 access, and affordability.
					(2)Specific
			 issuesThe Board shall specifically address the following
			 issues:
						(A)Access to
			 care.
						(B)Quality
			 improvement.
						(C)Efficiency of
			 administration.
						(D)Adequacy of budget
			 and funding.
						(E)Appropriateness of
			 reimbursement levels of physicians and other providers.
						(F)Capital
			 expenditure needs.
						(G)Long-term
			 care.
						(H)Mental health and
			 substance abuse services.
						(I)Staffing levels
			 and working conditions in health care delivery facilities.
						(3)Establishment of
			 universal, best quality standard of careThe Board shall
			 specifically establish a universal, best quality of standard of care with
			 respect to—
						(A)appropriate
			 staffing levels;
						(B)appropriate
			 medical technology;
						(C)design and scope
			 of work in the health workplace;
						(D)best practices;
			 and
						(E)salary level and
			 working conditions of physicians, clinicians, nurses, other medical
			 professionals, and appropriate support staff.
						(4)Twice-a-year
			 reportThe Board shall report its recommendations twice each year
			 to the Secretary, the Director, Congress, and the President.
					(c)Compensation,
			 etcThe following provisions of section 1805 of the
			 Social Security Act shall apply to the
			 Board in the same manner as they apply to the Medicare Payment Assessment
			 Commission (except that any reference to the Commission or the Comptroller
			 General shall be treated as references to the Board and the Secretary,
			 respectively):
					(1)Subsection (c)(4)
			 (relating to compensation of Board members).
					(2)Subsection (c)(5)
			 (relating to chairman and vice chairman).
					(3)Subsection (c)(6)
			 (relating to meetings).
					(4)Subsection (d)
			 (relating to director and staff; experts and consultants).
					(5)Subsection (e)
			 (relating to powers).
					IVADDITIONAL
			 PROVISIONS
			401.Treatment of VA
			 and IHS health programs
				(a)VA Health
			 ProgramsThis Act provides for health programs of the Department
			 of Veterans’ Affairs to initially remain independent for the 10-year period
			 that begins on the date of the establishment of the USNHC Program. After such
			 10-year period, the Congress shall reevaluate whether such programs shall
			 remain independent or be integrated into the USNHC Program.
				(b)Indian Health
			 Service ProgramsThis Act provides for health programs of the
			 Indian Health Service to initially remain independent for the 5-year period
			 that begins on the date of the establishment of the USNHC Program, after which
			 such programs shall be integrated into the USNHC Program.
				402.Public health
			 and preventionIt is the
			 intent of this Act that the Program at all times stress the importance of good
			 public health through the prevention of diseases.
			403.Reduction in
			 health disparitiesIt is the
			 intent of this Act to reduce health disparities by race, ethnicity, income and
			 geographic region, and to provide high quality, cost-effective, culturally
			 appropriate care to all individuals regardless of race, ethnicity, sexual
			 orientation, or language.
			VEFFECTIVE
			 DATE
			501.Effective
			 dateExcept as otherwise
			 specifically provided, this Act shall take effect on the first day of the first
			 year that begins more than 1 year after the date of the enactment of this Act,
			 and shall apply to items and services furnished on or after such date.