116 HRES 464 IH: Encouraging the celebration of the month of June as LGBTQ Pride Month.
U.S. House of Representatives
2019-06-26
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.

IV116th CONGRESS1st SessionH. RES. 464IN THE HOUSE OF REPRESENTATIVESJune 26, 2019Mr. Green of Texas (for himself, Mr. Grijalva, Mr. Raskin, Ms. Schakowsky, Ms. Wasserman Schultz, Mrs. Carolyn B. Maloney of New York, Ms. Jackson Lee, Mr. Himes, Mr. Ryan, Mr. Lynch, Ms. Barragán, Mr. Kilmer, Ms. Kelly of Illinois, Ms. Titus, Ms. Lee of California, Ms. Matsui, Ms. Moore, Mr. Serrano, Mr. Sean Patrick Maloney of New York, Mr. Lowenthal, Mr. Peters, Ms. Norton, Mr. Kildee, Mr. Hastings, Mr. Brown of Maryland, Mr. Schiff, Mr. Pallone, Mr. Aguilar, Mr. Langevin, Ms. McCollum, Mr. Sherman, Mrs. Dingell, Mr. Carson of Indiana, Mr. Carbajal, Ms. Blunt Rochester, Mrs. Davis of California, Mr. Cisneros, Ms. Brownley of California, Ms. Jayapal, Mr. Yarmuth, Mr. Krishnamoorthi, Mr. Crist, Ms. Speier, Mr. Keating, Mr. Cicilline, Ms. Clarke of New York, Mr. Johnson of Georgia, Mr. Larsen of Washington, Mr. Welch, Mrs. Watson Coleman, Mr. Pocan, Mr. Sires, Mrs. Lawrence, Ms. Hill of California, Mr. Takano, Mr. Heck, Mr. Lewis, Ms. Shalala, Ms. Meng, Mr. Correa, Mr. Pappas, Ms. Sewell of Alabama, Ms. Wild, Mr. Meeks, Ms. Ocasio-Cortez, Mr. McGovern, Ms. Castor of Florida, Mr. Stanton, Mr. Danny K. Davis of Illinois, Mr. Khanna, Ms. Bass, Ms. Scanlon, Mr. Smith of Washington, Ms. Wexton, Mr. Levin of Michigan, Mr. Bera, Mr. McEachin, and Mrs. Hayes) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONEncouraging the celebration of the month of June as LGBTQ Pride Month.

 Whereas this resolution may be cited as the Original LGBTQ Pride Month Resolution of 2019; Whereas the Honorable Barney Frank, Member of Congress from 1981 to 2013, is recognized as an honorary cosponsor of this resolution;
 Whereas Members of this Congress support the rights, freedoms, and equality of those who are lesbian, gay, bisexual, transgender, and queer (LGBTQ);
 Whereas, in the summer of 1963, Bayard Rustin organized the March on Washington as an openly gay African-American man;
 Whereas, in August of 1966, the Screaming Queens of the Gene Compton’s Cafeteria riot in the Tenderloin District of San Francisco were recorded as one of the first transgender riots that erupted after police harassment and continued as protestation against police brutality and improper policing of the LGBTQ community;
 Whereas those who took a stand for human rights and dignity at the Stonewall Inn in New York City on June 28, 1969, were pioneers of the LGBTQ movement, including two transgender women of color, Sylvia Rivera and Marsha P. Johnson, who were brave visible leaders in the uprising at Stonewall Inn;
 Whereas the LGBTQ Stonewall and Compton’s Cafeteria protestors were subject to police harassment and invidious discrimination based on sexual orientation and gender identity;
 Whereas these decisive moments in history were followed by the creation of LGBTQ rights organizations in every major city in the United States within years of the uprisings;
 Whereas these uprisings have been followed by many historic milestones for the LGBTQ community; Whereas, in December of 1973, the board of the American Psychiatric Association voted to remove homosexuality from its list of mental illnesses;
 Whereas, in 1974, Elaine Noble became the first openly LGBTQ candidate elected to a State legislature in the United States when she won a seat in the Massachusetts House of Representatives;
 Whereas, in 1975, the Civil Service Commission eliminated the ban on the employment of homosexuals in most Federal jobs;
 Whereas, on January 8, 1978, Harvey Milk made national news when he was sworn in as an openly gay member of the San Francisco Board of Supervisors;
 Whereas, in October of 1979, 75,000 people participated in the National March on Washington for Lesbian and Gay Rights to demand equal civil rights;
 Whereas, in 1980, Democrats took a stance in support of gay rights at the Democratic National Convention;
 Whereas, in 1982, Wisconsin became the first State to ban discrimination based on sexual orientation;
 Whereas, in 1983, after initial refusal from lead organizers to allow an openly LGBTQ person to speak, Audre Lorde was selected by Black LGBTQ groups to speak at the 20th anniversary commemoration of Martin Luther King, Jr.’s 1963 March on Washington;
 Whereas, in October of 1987, thousands of activists took part in the National March on Washington to demand that President Reagan address the AIDS crisis;
 Whereas, in 1987, Congressman Barney Frank of Massachusetts became the first Representative to voluntarily come out as an openly gay Member of Congress;
 Whereas, in 1988, Urvashi Vaid cofounded the Creating Change Conference, the largest annual LGBTQ convening in the United States organized by the National LGBTQ Task Force;
 Whereas, on May 20, 1996, the Supreme Court of the United States decided, in Romer v. Evans, that a Colorado constitutional amendment preventing the enactment of nondiscrimination protections for gay, lesbian, and bisexual people in that State was unconstitutional;
 Whereas, at the turn of the century in 2000, Vermont became the first State in the country to legally recognize civil unions between same-sex couples;
 Whereas, on June 8, 2000, the Second Circuit Court of Appeals ruled, in Rosa v. Parks, that a transgender person had recourse under the Equal Credit Opportunity Act’s prohibition on sex discrimination after being denied a loan for dressing in traditionally feminine attire;
 Whereas, on June 26, 2003, the Supreme Court of the United States ruled in Lawrence v. Texas, that under the 14th Amendment, States could not criminalize the private, intimate relationships of same-sex couples;
 Whereas, on August 5, 2004, the Sixth Circuit Court of Appeals determined, in Smith v. City of Salem, that transgender employees are protected from workplace discrimination under title VII of the Civil Rights Act of 1964;
 Whereas, in 2008, a Latino transgender man Diego Miguel Sanchez became the first openly transgender individual to be appointed to the Democratic National Committee’s Platform Committee;
 Whereas, on November 4, 2008, Stu Rasmussen of Silverton, Oregon, became the first openly transgender person to be elected mayor in the Nation;
 Whereas, in 2009, Diego Miguel Sanchez became the first openly transgender congressional senior staffer on Capitol Hill, appointed by Representative Barney Frank;
 Whereas, on October 28, 2009, the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act was passed by Congress and signed into law by President Obama, and the bill expanded existing Federal hate crimes laws to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity, or disability;
 Whereas, on January 4, 2010, Mayor Annise D. Parker was sworn in as the first openly lesbian mayor of Houston, the largest city in the United States to have an openly LGBTQ mayor;
 Whereas, on November 2, 2010, Victoria Kolakowski was elected as the first openly transgender woman in California to serve as a trial court judge for the Alameda County Superior Court;
 Whereas, on November 17, 2010, Phyllis Frye was appointed into the City of Houston Municipal Courts as the first openly transgender judge in Texas;
 Whereas, in December of 2010, Congress approved and President Obama signed the repeal of the Don’t Ask, Don’t Tell law, allowing gays, lesbians, and bisexuals to serve openly in the United States Armed Forces; Whereas, in October of 2011, the Girl Scouts of America opened membership to a 7-year-old transgender girl;
 Whereas 2012 marked the first year that all 50 States in the United States had at least 1 openly LGBTQ elected official;
 Whereas, on April 20, 2012, the Equal Employment Opportunity Commission ruled that discrimination based on gender identity is sex discrimination for purposes of title VII of the Civil Rights Act of 1964;
 Whereas, on November 6, 2012, Representative Mark Takano, a Japanese American, became the first openly gay person of color elected to Congress;
 Whereas, on January 3, 2013, Tammy Baldwin of Wisconsin was sworn in as the first openly gay United States Senator;
 Whereas, on January 3, 2013, Kyrsten Sinema was sworn in as the first openly bisexual Member of Congress;
 Whereas, on March 11, 2013, a transgender inclusive version of the Violence Against Women Act was reauthorized;
 Whereas, on April 29, 2013, Jason Collins of the NBA became the first active male athlete in a North American major sports league to come out as a gay Black man;
 Whereas, on June 26, 2013, the Supreme Court of the United States ruled, in United States v. Windsor, that section three of the Defense of Marriage Act (DOMA) was unconstitutional and that the Federal Government cannot discriminate against married lesbian and gay couples for the purposes of determining Federal rights, benefits, and obligations;
 Whereas, on November 20, 2013, President Obama posthumously presented Bayard Rustin with a Presidential Medal of Freedom;
 Whereas, on June 9, 2014, Laverne Cox became the first openly transgender person on the cover of Time Magazine;
 Whereas, on June 17, 2014, Darrin P. Gayles was the first openly gay African-American man to be confirmed as a Federal judge;
 Whereas, on July 10, 2014, Laverne Cox became the first openly transgender individual to be nominated for an Emmy Award;
 Whereas, on July 21, 2014, President Obama took action to protect LGBTQ workers by signing an Executive order prohibiting Federal contractors from discriminating on the basis of sexual orientation or gender identity;
 Whereas, on June 8, 2015, triathlete Chris Moiser became the first transgender athlete to earn a spot on the United States national team;
 Whereas, on June 9, 2015, the United States military’s equal opportunity policy was updated to protect servicemembers from harassment and discrimination based on sexual orientation;
 Whereas, on June 23, 2015, New York City’s Stonewall Inn received a landmark designation by the city’s Landmarks Preservation Commission so that the bar cannot be torn down or developed without approval;
 Whereas, on June 26, 2015, the Supreme Court of the United States in Obergefell v. Hodges decided by a vote of 5–4 that the 14th Amendment requires all States to license marriages between same-sex couples and to recognize all marriages that were lawfully performed out-of-State;
 Whereas, on July 23, 2015, H.R. 3185, with the short title of the Equality Act, was introduced in the 114th Congress by Representative David Cicilline with bipartisan support, which amends the Nation’s Federal civil rights laws to explicitly include sexual orientation and gender identity among the prohibited categories of discrimination in employment, housing, credit, education, public accommodation, federally funded programs, and jury service;
 Whereas, on July 17, 2015, the Equal Employment Opportunity Commission ruled that discrimination based on sexual orientation is sex discrimination for purposes of title VII of the Civil Rights Act of 1964;
 Whereas, on October 31, 2015, the Obama administration announced that it would approve the spouses of refugees who are approved for resettlement in the United States, including same-sex spouses who come from countries where legal unions are not possible;
 Whereas, in the first 10 weeks of 2016, according to a Human Rights Campaign tally, more than 200 bills across 34 States were introduced that are considered anti-LGBTQ, and the threat to the civil liberties of LGBTQ people has increased on the State level since the Supreme Court ruling on marriage equality;
 Whereas, on May 13, 2016, the Departments of Justice and Education released joint guidance to help provide educators the information they need to ensure that transgender students attend school in an environment free from discrimination based on sex;
 Whereas, on May 18, 2016, Eric Fanning was sworn in as Secretary of the Army, marking the first time a branch of the military was led by an openly gay person;
 Whereas, on June 30, 2016, the Department of Defense announced an immediate policy change allowing transgender servicemembers to serve openly without fear of retribution;
 Whereas, on July 5, 2016, the National Congress of Parents and Teachers, known as the National PTA, adopted a resolution on the Recognition of Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning Individuals as a Protected Class;
 Whereas, on July 28, 2016, Human Rights Campaign national press secretary Sarah McBride spoke at the Democratic National Convention, making her the first transgender person to address a major party convention;
 Whereas, on June 24, 2016, President Obama designated the first national monument to LGBTQ rights at the site of the Stonewall uprising;
 Whereas, on October 3, 2016, the Department of Health and Human Services began a project which funds grants in relation to assessing the needs and determining intervention strategies of homeless LGBTQ youth;
 Whereas, on November 8, 2016, Kate Brown of Oregon became the first openly bisexual person to win a gubernatorial election;
 Whereas, on January 30, 2017, the Boy Scouts of America announced that they would open membership to transgender boys;
 Whereas, on April 4, 2017, the Seventh Circuit Court of Appeals ruled, in Hively v. Ivy Tech Community College, that lesbian, gay, and bisexual employees are protected from workplace discrimination under title VII of the Civil Rights Act of 1964;
 Whereas, on June 27, 2017, residents of the District of Columbia became the first in the Nation to be allowed to select a gender-neutral option on their driver’s license;
 Whereas, in July 2017, the first transgender doll was released, modeled after LGBTQ+ activist Jazz Jennings;
 Whereas, on November 7, 2017, Andrea Jenkins’ election to the Minneapolis City Council made her the first openly transgender woman to win public office in a major United States city;
 Whereas, on November 7, 2017, Phillipe Cunningham’s election to the Minneapolis City Council made him the first openly transgender man to win a seat on the city council of a major United States city;
 Whereas the election of Andrea Jenkins and Phillipe Cunningham made them the highest ranking openly transgender people of color currently serving in public office anywhere in the Nation;
 Whereas, on November 7, 2017, Danica Roem of Virginia became the first openly transgender person to win a seat and serve in a State legislature;
 Whereas, on March 4, 2018, Daniela Vega became the first openly transgender person to present at the Academy Awards;
 Whereas, on June 3, 2018, FX aired the show Pose, making television history by featuring the largest cast of transgender actors in a series; Whereas, on June 4, 2018, the Supreme Court of the United States reaffirmed in Masterpiece Cakeshop v. Colorado Civil Rights Commission that businesses do not have a broad license to discriminate against LGBTQ Americans;
 Whereas, on November 6, 2018, Democratic Representative Jared Polis became the first openly gay man to be elected Governor in the United States, winning the race in the State of Colorado;
 Whereas, on November 6, 2018, Democratic Representative Sharice Davids became the first openly lesbian woman to represent Kansas in Congress;
 Whereas, on December 17, 2018, Miss Spain, Angel Ponce, became the first transgender woman to compete in the Miss Universe pageant;
 Whereas, on April 14, 2019, South Bend Mayor Pete Buttigieg became the first openly gay person to run for the office of the Presidency;
 Whereas, on April 23, 2019, Jane Castor became the first openly LGBTQ person elected as mayor in Tampa, Florida;
 Whereas, in April 2019, Morehouse College announced that in 2020 the historically all-male school will begin admitting transgender men;
 Whereas, on May 17, 2019, the House of Representatives passed the Equality Act, which amends the Nation’s Federal civil rights laws to explicitly include sexual orientation and gender identity among the prohibited categories of discrimination in employment, housing, credit, education, public accommodation, federally funded programs, and jury service;
 Whereas, on May 20, 2019, Lori Lightfoot began to serve as Mayor of Chicago, becoming the first African-American lesbian Mayor;
 Whereas, on May 24, 2019, Taiwan became the first nation in Asia to legally recognize same-sex marriage;
 Whereas, in May 2019, Brazil’s Supreme Court ruled that homophobia and transphobia will be punishable under the same law banning racial discrimination;
 Whereas, in May 2019, Megan Rapinoe became the first openly lesbian woman to pose for Sports Illustrated;
 Whereas, in June 2019, New York City becomes the first American city to host the World Pride conference;
 Whereas June 28, 2019, is the 50th anniversary of the courageous uprising at Stonewall Inn; and Whereas the inclusion of our transgender families into United States society continues to expand every day, with an understanding that we will remain steadfast in pursuing the goal of complete equality, respect, and tolerance for all, regardless of the gender a person is assigned at birth: Now, therefore, be it

 That the House of Representatives— (1)recognizes that lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are human rights and are protected by the Constitution;
 (2)recognizes that all Americans should be treated fairly and equally regardless of sexual orientation or gender identity;
 (3)acknowledges the struggle of the Stonewall and Compton’s Cafeteria protestors and countless other lesbian, gay, bisexual, transgender, and queer people for equality;
 (4)encourages the celebration of LGBTQ Pride Month to provide a continuing opportunity for all people in the United States to learn about the discrimination and inequality that has faced, and continues to face, lesbian, gay, bisexual, transgender, and queer people; and
 (5)agrees that the United States must continue to strive to ensure that the promise of equality is realized for all Americans.


I
111th CONGRESS
1st Session
H. R. 1138
IN THE HOUSE OF REPRESENTATIVES

February 23, 2009
Mr. Weiner introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To require the Federal Government to reimburse a State or local government for financial losses incurred when an employee of the State or local government who performs public safety or first responder duties and who is also a member of a reserve component of the uniformed services is called or ordered to active duty for a period of more than 30 days.

1.Reimbursement of State and local governments for productivity losses incurred due to deployment of employees who are reserve component members
(a)Reimbursement availableChapter 17 of title 37, United States Code, is amended by adding at the end the following new section:

911.Reimbursement of State and local governments for productivity losses incurred due to deployment of certain employees who are reserve component members
(a)Reimbursement requiredAt the request of a State or local government that has one or more covered employees who are also members of a reserve component and absent from their position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days, and subject to the availability of appropriations for such purpose, the Secretary concerned shall reimburse the State or local government for financial losses incurred by the State or local government as a result of the absence of the covered employees in an amount equal to the amount of civilian compensation actually paid by the State or local government to the covered employees during their absence.
(b)Covered employeesSubsection (a) applies with respect to an employee of a State or local government who is an emergency response provider, as that term is defined under section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)).
(c)RegulationsThe Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section.
(d)DefinitionsIn this section:
(1)The term civilian compensation means the wages or salary that an employee of a State or local government normally receives from the employee’s employment by the State or local government.
(2)The term local government means an agency or political subdivision of a State.
(3)The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 909 the following new item:

911. Reimbursement of State and local governments for productivity losses incurred due to deployment of certain employees who are reserve component members..


114 SRES 159 ATS: Designating April 2015, as “National 9-1-1 Education Month”.
U.S. Senate
2015-04-30
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.

III114th CONGRESS1st SessionS. RES. 159IN THE SENATE OF THE UNITED STATESApril 30, 2015Ms. Klobuchar (for herself and Mr. Burr) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating April 2015, as National 9-1-1 Education Month.

 Whereas 9-1-1 is recognized throughout the United States as the number to call in an emergency to receive immediate help from police, fire, emergency medical services, or other appropriate emergency response entities;
 Whereas, in 1967, the President's Commission on Law Enforcement and Administration of Justice recommended that a single number should be established nationwide for reporting emergency situations, and various Federal Government agencies and governmental officials supported and encouraged the recommendation;
 Whereas, in 1968, the American Telephone and Telegraph Company (commonly known as AT&T) announced that it would establish the digits 9-1-1 as the emergency code throughout the United States;
 Whereas Congress designated 9-1-1 as the national emergency call number in the Wireless Communications and Public Safety Act of 1999 (Public Law 106–81; 113 Stat. 1286);
 Whereas section 102 of the ENHANCE 911 Act of 2004 (47 U.S.C. 942 note) declared an enhanced 9-1-1 system to be a high national priority and part of our Nation's homeland security and public safety;
 Whereas it is important that policy makers at all levels of government understand the importance of 9-1-1, how the 9-1-1 system works, and the steps that are needed to modernize the 9-1-1 system;
 Whereas the 9-1-1 system is the connection between the eyes and ears of the public and the emergency response system in the United States and is often the first place emergencies of all magnitudes are reported, making 9-1-1 a significant homeland security asset;
 Whereas more than 6,000 9-1-1 public safety answering points serve more than 3,000 counties and parishes throughout the United States;
 Whereas telecommunicators at public safety answering points answer more than 200,000,000 9-1-1 calls each year in the United States;
 Whereas a growing number of 9-1-1 calls are made using wireless and Internet Protocol-based communications services;
 Whereas a growing segment of the population of the United States, including individuals who are deaf, hard of hearing, or deaf-blind, or have speech disabilities, is increasingly communicating with nontraditional text, video, and instant messaging communications services and expects those services to be able to connect directly to 9-1-1;
 Whereas the growth and variety of means of communication, including mobile and Internet Protocol-based systems, impose challenges for accessing 9-1-1 and implementing an enhanced 9-1-1 system and require increased education and awareness about the capabilities of different means of communication;
 Whereas numerous other N-1-1 and 800 number services exist for nonemergency situations, including 2-1-1, 3-1-1, 5-1-1, 7-1-1, 8-1-1, poison control centers, and mental health hotlines, and the public needs to be educated on when to use those services in addition to or instead of 9-1-1;
 Whereas international visitors and immigrants make up an increasing percentage of the population of the United States each year, and visitors and immigrants may have limited knowledge of the emergency calling system in the United States;
 Whereas people of all ages use 9-1-1 and it is critical to educate people on the proper use of 9-1-1;
 Whereas senior citizens are highly likely to need to access 9-1-1 and many senior citizens are learning to use new technology;
 Whereas thousands of 9-1-1 calls are made every year by children properly trained in the use of 9-1-1, which saves lives and underscores the critical importance of training children early in life about 9-1-1;
 Whereas the 9-1-1 system is often misused, including by the placement of prank and nonemergency calls;
 Whereas misuse of the 9-1-1 system results in costly and inefficient use of 9-1-1 and emergency response resources and needs to be reduced;
 Whereas parents, teachers, and all other caregivers need to play an active role in 9-1-1 education for children, but can do so only after first being educated themselves;
 Whereas there are many avenues for 9-1-1 public education, including safety fairs, school presentations, libraries, churches, businesses, public safety answering point tours or open houses, civic organizations, and senior citizen centers;
 Whereas children, parents, teachers, and the National Parent Teacher Association make vital contributions to the education of children about the importance of 9-1-1 through targeted outreach efforts to public and private school systems;
 Whereas the United States should strive to host at least 1 educational event regarding the proper use of 9-1-1 in every school in the country every year;
 Whereas programs to promote proper use of 9-1-1 during National 9-1-1 Education Month could include—
 (1)public awareness events, including conferences, media outreach, and training activities for parents, teachers, school administrators, other caregivers, and businesses;
 (2)educational events in schools and other appropriate venues; and
 (3)production and distribution of information about the 9-1-1 system designed to educate people of all ages on the importance and proper use of 9-1-1; and
 Whereas the people of the United States deserve the best education regarding the use of 9-1-1: Now, therefore, be it

 That the Senate— (1)designates April 2015 as National 9-1-1 Education Month; and
 (2)urges governmental officials, parents, teachers, school administrators, caregivers, businesses, nonprofit organizations, and the people of the United States to observe the month with appropriate ceremonies, training events, and activities.


117 HR 2587 IH: Supporting Education Recognition for Veterans during Emergencies Act
U.S. House of Representatives
2021-04-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2587IN THE HOUSE OF REPRESENTATIVESApril 15, 2021Mr. Lamb (for himself and Miss González-Colón) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo improve the ability of veterans with medical training to assist the United States in response to national emergencies, and for other purposes.1.Short titleThis Act may be cited as the Supporting Education Recognition for Veterans during Emergencies Act or the SERVE Act.2.Update of web portal to identify veterans who had medical occupations as members of the Armed Forces(a)In generalThe Secretary shall update existing web portals of the Department to allow the identification of veterans who had a medical occupation as a member of the Armed Forces.(b)Information in portal(1)In generalAn update to a portal under subsection (a) shall allow a veteran to elect to provide the following information:(A)Contact information for the veteran.(B)A history of the medical experience and trained competencies of the veteran.(2)Inclusions in historyTo the extent practicable, histories provided under paragraph (1)(B) shall include individual critical task lists specific to military occupational specialties that align with existing standard occupational codes maintained by the Bureau of Labor Statistics.3.Program on provision to States of information on veterans with medical skills obtained during service in the Armed ForcesFor purposes of facilitating civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share information specified in section 3(b) with the following:(1)State departments of veterans affairs.(2)Veterans service organizations.(3)State credentialing bodies.(4)State homes.(5)Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary.4.Program on training of intermediate care technicians of Department of Veterans Affairs(a)EstablishmentThe Secretary shall implement a program to train and certify covered veterans to work as intermediate care technicians of the Department.(b)LocationsThe Secretary may place an intermediate care technician trained and certified under the program under subsection (a) at any medical center of the Department, giving priority to a location with a significant staffing shortage.(c)Inclusion of information in transition assistance programAs part of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, the Secretary shall prepare a communications campaign to convey opportunities for training, certification, and employment under the program under subsection (a) to appropriate members of the Armed Forces separating from active duty.(d)Report on expansion of programNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on whether the program under this section could be replicated for other medical positions within the Department.(e)Covered veteran definedIn this section, the term covered veteran means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces.5.Notification of opportunities for veteransThe Secretary shall notify veterans service organizations and, in coordination with the Secretary of Defense, members of the reserve components of the Armed Forces of opportunities for veterans under this Act.6.DefinitionsIn this Act:(1)Department; secretary; veteranThe terms Department, Secretary, State home, and veteran have the meanings given those terms in section 101 of title 38, United States Code.(2)Veterans service organizationThe term veterans service organization means an organization that provides services to veterans, including organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code.


115 HR 6261 IH: Improving Choices in Health Care Coverage Act
U.S. House of Representatives
2018-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6261IN THE HOUSE OF REPRESENTATIVESJune 28, 2018Mr. Budd (for himself and Mr. Harris) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require short-term limited duration insurance issuers to renew or continue in force such
			 coverage at the option of the enrollees.

 1.Short titleThis Act may be cited as the Improving Choices in Health Care Coverage Act. 2.Short-term limited duration insurance (a)DefinitionSection 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)) is amended by adding at the end the following:

 (6)Short-term limited duration insuranceThe term short-term limited duration insurance means health insurance coverage provided pursuant to a contract with a health insurance issuer that has an expiration date specified in the contract (not taking into account any extensions that may be elected by the policyholder with or without the issuer's consent) that is less than 12 months after the original effective date of the contract..
 (b)Guaranteed renewabilitySection 2703 of the Public Health Service Act (42 U.S.C. 300gg–2) is amended— (1)in subsection (a), by inserting or offers short-term limited duration insurance after group market; and
 (2)by adding at the end the following:  (f)Application to short-Term limited duration insurance (1)In generalIn applying this section in the case of short-term limited duration insurance—
 (A)a reference to health insurance coverage with respect to such coverage offered in the individual market shall be deemed to include short-term limited duration insurance; and
 (B)a reference to health insurance issuer with respect to health insurance coverage offered in the individual market shall be deemed to include an issuer of short-term limited duration insurance.
 (2)Special rule for short-term limited duration insuranceIn the case of short-term limited duration insurance, at the time of application for enrollment in such insurance coverage, an individual may decline renewability of such coverage in accordance with this section, and the contract between such individual and the health insurance issuer shall specify whether the individual opted for renewability or no renewability..
 (c)ApplicabilityThe amendments made by subsections (a) and (b) shall apply with respect to contracts for short-term limited duration insurance that take effect on or after May 1, 2018.


114 HR 3021 IH: AIR Survey Act of 2015
U.S. House of Representatives
2015-07-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3021
		IN THE HOUSE OF REPRESENTATIVES

			July 10, 2015
			Mr. Pompeo (for himself, Mr. Mullin, Mr. Schrader, and Mr. Meeks) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To amend the Natural Gas Act to allow the use of aerial survey data for certain applications, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Aerial Infrastructure Route Survey Act of 2015 or the AIR Survey Act of 2015. 2.Aerial survey data allowed for certain applicationsSection 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by adding at the end the following new subsection:

				(i)Aerial Survey Data
 (1)Data collected by aerial surveyData collected by aerial survey shall be accepted in lieu of, and given equal weight to, ground survey data for the purposes of—
 (A)completing any prefiling process established to facilitate the formal application process for obtaining a certificate of public convenience and necessity under this section; or
 (B)completing an application associated with a Federal authorization (as defined in section 15(a) with respect to an application for a certificate of public convenience and necessity under this section).
 (2)VerificationAn agency accepting aerial survey data pursuant to paragraph (1)(B) may require, as a condition of approval of an application associated with a Federal authorization described in such paragraph, that such aerial survey data be verified through the use of ground survey data before the construction or extension of a facility that is the subject of such application..


		I
		111th CONGRESS
		2d Session
		H. R. 5898
		IN THE HOUSE OF REPRESENTATIVES

			July 28, 2010
			Ms. Shea-Porter
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend the Buy American Act to require each department
		  or independent establishment to conduct an annual audit of its contracts for
		  compliance with such Act, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Buy America Accountability Act of
			 2010.
		2.Audit of
			 contracts requiredSection 2
			 of the Buy American Act (41 U.S.C. 10a) is amended by adding at the end the
			 following new subsection:

				(c)Audit of
				contracts required
					(1)In
				generalNot later than 90 days after the end of a fiscal year,
				the head of each department or independent establishment shall submit to
				Congress a report that contains an evaluation performed by such department or
				independent establishment of contractor compliance with the provisions of this
				Act for at least 10 percent of the contracts awarded by the department or
				independent establishment during that fiscal year for the procurement of
				articles, materials, or supplies.
					(2)Public
				availabilityThe head of each Federal agency submitting a report
				under paragraph (1) shall make the report publicly available to the maximum
				extent practicable.
					(3)Exception for
				the intelligence communityThe report required under this subsection
				shall not cover acquisitions made by an agency, or component thereof, that is
				an element of the intelligence community as specified in, or designated under,
				section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
					.


114 HRES 699 IH: Promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2016, which includes bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaskan Natives, Asian Americans, African-Americans, Latino Americans, and Native Hawaiians or other Pacific Islanders.
U.S. House of Representatives
2016-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		2d Session
		H. RES. 699
		IN THE HOUSE OF REPRESENTATIVES

			April 21, 2016
			Mr. Al Green of Texas (for himself, Ms. Lee, Mr. Cárdenas, Ms. Judy Chu of California, Ms. Michelle Lujan Grisham of New Mexico, Ms. Kelly of Illinois, Mr. Butterfield, Mr. Ben Ray Luján of New Mexico, and Ms. Clarke of New York) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Promoting minority health awareness and supporting the goals and ideals of National Minority Health
			 Month in April 2016, which includes bringing attention to the health
			 disparities faced by minority populations of the United States such as
			 American Indians, Alaskan Natives, Asian Americans, African-Americans,
			 Latino Americans, and Native Hawaiians or other Pacific Islanders.

 Whereas the origin of the National Minority Health Month is National Negro Health Week formed in 1915 by Dr. Booker T. Washington;
 Whereas the theme for National Minority Health Month in 2016 is Accelerating Health Equity for the Nation; Whereas through the National Stakeholder Strategy for Achieving Health Equity and the HHS Action Plan to Reduce Racial and Ethnic Health Disparities, the Department of Health and Human Services has set goals and strategies to advance the safety, health, and well-being of people of the United States;
 Whereas a study by the Joint Center for Political and Economic Studies, entitled The Economic Burden of Health Inequalities in the United States concludes that between 2003 and 2006, the combined cost of health inequalities and premature death in the United States was $1,240,000,000,000; Whereas the Department of Health and Human Services has identified 6 main categories in which racial and ethnic minorities experience the most disparate access to health care and health outcomes, including infant mortality, cancer screening and management, cardiovascular disease, diabetes, HIV/AIDS, and immunizations;
 Whereas African-American women are twice as likely to die of cervical cancer than non-Hispanic White women;
 Whereas African-American women in 2012 were 10-percent less likely to have been diagnosed with breast cancer, yet, were almost 42-percent more likely to die from breast cancer compared to non-Hispanic White women;
 Whereas African-American women are twice as likely to lose their lives to cervical cancer as non-Hispanic White women;
 Whereas African-Americans are 50-percent more likely to die from a stroke than non-Hispanic Whites; Whereas in 2013, Hispanics were 1.4 times more likely than non-Hispanic Whites to die of diabetes;
 Whereas Latino men are twice as likely to have either HIV infections or AIDS as compared to non-Hispanic White men;
 Whereas Latina women are 3 times more likely to have AIDS as compared to non-Hispanic White women; Whereas in 2014, although African-Americans represented only 13 percent of the United States population, they accounted for 43 percent of HIV infections in that year;
 Whereas in 2010, African-American youth accounted for an estimated 57 percent of all new HIV infections among youth in the United States, followed by 20 percent of Latino youth;
 Whereas Asian American women are 18.2-percent more likely to be diagnosed with HIV than non-Hispanic White women;
 Whereas Native Hawaiians living in Hawaii are 5.7 times more likely to die of diabetes than non-Hispanic Whites living in Hawaii;
 Whereas in 2012, Asian Americans were 1.6 times more likely than non-Hispanic Whites to contract Hepatitis A;
 Whereas among all ethnic groups in 2012, Asian Americans and Pacific Islanders had the highest incidence of Hepatitis A;
 Whereas Asian American women are 1.5 times more likely than non-Hispanic Whites to die from viral hepatitis;
 Whereas Asian Americans are 5.5 times more likely than non-Hispanic Whites to develop chronic Hepatitis B;
 Whereas in 2013, 80 percent of children born infected with HIV belonged to minority groups; Whereas the Department of Health and Human Services has identified heart disease, stroke, cancer, and diabetes as some of the leading causes of death among American Indians and Alaskan Natives;
 Whereas American Indians and Alaskan Natives die from diabetes, alcoholism, unintentional injuries, homicide, and suicide at higher rates than other people in the United States;
 Whereas American Indians and Alaskan Natives have a life expectancy that is 4.4 years shorter than the life expectancy of the overall population of the United States;
 Whereas African-American babies are almost twice as likely as non-Hispanic White or Latino babies to be born at low birth weight;
 Whereas American Indian and Alaskan Native babies are twice as likely as non-Hispanic White babies to die from sudden infant death syndrome (SIDS);
 Whereas American Indian and Alaskan Natives have 1.5 times the infant mortality rate as non-Hispanic Whites;
 Whereas American Indian and Alaskan Native babies are 50-percent more likely to die before their first birthday than babies of non-Hispanic Whites;
 Whereas marked differences in the social determinants of health, described by the World Health Organization as the high burden of illness responsible for appalling premature loss of life [that] arises in large part because of the conditions in which people are born, grow, live, work, and age lead to poor health outcomes and declines in longevity;
 Whereas the ACA provides specific protections and rights for American Indians and Alaskan Natives, 23 percent of whom lack health insurance;
 Whereas despite the substantial improvements in health insurance coverage among women overall, women of color are more likely to be uninsured;
 Whereas in 2013, 15.9 percent of African-Americans were uninsured, as compared to 9.8 percent of non-Hispanic Whites;
 Whereas African-American women are more likely to be uninsured or underinsured, at a rate of 19 percent;
 Whereas one-quarter of Latinas live in poverty and compose the greatest number of uninsured among women in any other racial group at a rate of 31 percent; and
 Whereas community-based health care initiatives, such as prevention-focused programs, present a unique opportunity to use innovative approaches to improve health for practices across the United States and sharply reduce disparities among racial and ethnic minority populations: Now, therefore, be it

 That the House of Representatives supports the goals and ideals of National Minority Health Month, which includes bringing attention to the severe health disparities faced by minority populations in the United States, such as American Indians, Alaskan Natives, Asian Americans, African-Americans, Latino Americans, and Native Hawaiians or other Pacific Islanders.


113 S2256 IS: Northern Cheyenne Lands Act
U.S. Senate
2014-04-11
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.

II113th CONGRESS2d SessionS. 2256IN THE SENATE OF THE UNITED STATESApril 11, 2014Mr. Walsh (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo direct the Secretary of the Interior to take certain land and mineral rights on the reservation
			 of the Northern Cheyenne Tribe of Montana and other culturally important
			 land into trust for the benefit of the Northern Cheyenne Tribe, and for
			 other purposes. 1.Short titleThis Act may be cited as the Northern Cheyenne Lands Act.2.FindingsCongress finds that—(1)the Northern Cheyenne Tribe has depended on the land of the Tribe  and the land-based resources of
			 the Tribe to support its way of life since time immemorial;(2)the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the
			 Tribe, including the Reservation of the Tribe in the State of Montana;(3)the Tribe suffers from tremendous social and economic challenges, including a lack of employment
			 opportunities on the Reservation, which can be improved by strengthening
			 the control of the Tribe over the land base, natural resources, and trust
			 funds of the Tribe;(4)the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the
			 surface land of the Reservation and all but approximately 5,000 subsurface
			 acres of the Reservation;(5)the Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on the Reservation that
			 the Tribe does not own as a result of an error made by the United States
			 when the Reservation was expanded in 1900;(6)in 2002, the Tribe agreed by settlement to dismiss a lawsuit against the United States	which
			 alleged that the United States failed to protect the Reservation from the
			 impacts of coal development  in return for assistance in securing tribal
			 ownership of the subsurface rights described in paragraph (5)
			 substantially in the form of this Act, and to secure mitigation funding to
			 address the impacts of coal development in areas adjacent to the
			 Reservation, among other conditions;(7)to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres
			 of land within the Reservation that were, for various reasons, taken out
			 of trust ownership status;(8)the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the
			 Tribe considers sacred ground for the members of the Tribe, as well as for
			 members of other Indian tribes;(9)the Tribe seeks to have the land and subsurface within the Reservation and the Bear Butte land
			 described in this section taken into trust by the United States for the
			 benefit of the Tribe;(10)the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the
			 principal of the funds arising from the Northern Cheyenne Indian Reserved
			 Water Rights Settlement Act of 1992 (Public Law 102–374; 106 Stat. 1186;
			 108 Stat. 707), the earnings from which are paid to the Tribe and managed
			 as the Northern Cheyenne Trust Fund by the Office of Special Trustee, may be transferred to the Northern Cheyenne Tribe Permanent
			 Fund, which has historically provided strong returns to the Tribe in
			 direct support of tribal self-determination and to offset limited Federal
			 funding of important tribal governmental services; and(11)if the conveyances of land and funds authorized under this Act are carried out, the Tribe has
			 agreed to waive all legal claims against the United States arising out of
			 the longstanding loss of the subsurface rights and the management of the
			 Northern Cheyenne Trust Fund by the United States.3.DefinitionsIn this Act:(1)FundThe term Fund means the Northern Cheyenne Trust Fund identified in the June 7, 1999 Agreement Settling Certain
			 Issues Relating to the Tongue River Dam Project, which was entered into by
			 the Tribe, the State, and delegates of the Secretary, and managed by the
			 Office of Special Trustee in the Department of the Interior.(2)Great Northern PropertiesThe term Great Northern Properties means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership.(3)Permanent FundThe term Permanent Fund means the Northern Cheyenne Tribe Permanent Fund managed by the Tribe pursuant to the Plan for
			 Investment, Management and Use of the Fund, as amended by vote of the
			 tribal membership on November 2, 2010.(4)ReservationThe term Reservation means the Northern Cheyenne Reservation.(5)SecretaryThe term Secretary means the Secretary of the Interior.(6)StateThe term State means the State of Montana.(7)TribeThe term Tribe means the Northern Cheyenne Tribe.4.Tribal fee land to be taken into trustNot later than	60 days after the date of enactment of this Act, the Secretary shall take the
			 approximately 1,567 acres of land depicted on the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands and dated March 26, 2014, into trust for the benefit of the Tribe.5.Mineral rights to be taken into trust(a)Completion of mineral conveyances(1)In generalNot later than	60 days after the date on which the Secretary receives the notification described
			 in subsection (c), in a single transaction—(A)Great Northern Properties shall convey to the Tribe all right, title, and interest  of Great
			 Northern Properties, consisting of coal and iron ore mineral interests,
			 underlying the land on the Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act – Coal Tracts and dated February 27, 2014; and(B)subject to paragraph (2), the Secretary shall convey to Great Northern Properties all right, title,
			 and interest of the
			 United States in and to the coal mineral interests underlying the land
			 generally depicted as Bull Mountains and East Fork on the map entitled Northern Cheyenne Federal Tracts and dated February 27, 2014.(2)RequirementThe Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall
			 include a covenant running with the land that—(A)precludes the coal conveyed from being mined by any method other than underground mining
			 techniques—(i)until any surface owner (as defined in section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))) for
			 a
			 specific tract has provided to Great Northern Properties written consent
			 to enter the specific tract and commence surface mining; and(ii)except as determined to be acceptable for further consideration for leasing in the document of the
			 Bureau of Land Management entitled Billings Resource Area Final EIS and Resource Management Plan and dated September 1984; and(B)shall not create any property interest in the United States or any surface owner (as defined in
			 section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))).(b)Treatment of land transferred to Tribe(1)In generalAt the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the
			 mineral interests conveyed to the Tribe under subsection (a)(1)(A).(2)No State taxationThe mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to
			 taxation by the State (including any political subdivision of the State).(c)Revenue sharing agreementThe Tribe shall notify the Secretary, in writing, that—(1)consistent with a settlement agreement entered into between the Tribe and the State in 2002, the
			 Tribe and Great Northern Properties have agreed on a formula for sharing
			 revenue from development of the mineral interests described in subsection
			 (a)(1)(B) if those mineral interests are developed;(2)the revenue sharing agreement remains in effect as of the date of enactment of this Act; and(3)Great Northern Properties has offered to convey the mineral interests described in subsection
			 (a)(1)(A) to the Tribe.(d)Waiver of legal claimsAs a condition of the conveyances of mineral interests under subsection (a)(1)—(1)the Tribe shall waive any and all claims relating to the failure of the United States to acquire
			 and take into trust on behalf of the Tribe the mineral interests described
			 in subsection (a)(1)(A), as directed by Congress in 1900; and(2)Great Northern Properties shall waive any and all claims against the United States relating to the
			 value of the coal mineral interests described in subsection (a)(1)(B).(e)Rescission of mineral conveyancesIf any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final
			 judgment of a court of the United States—(1)not later than 1 year after the date on which the  final judgment is rendered, the Secretary or
			 Great Northern Properties may agree to rescind the conveyances under
			 subsection (a)(1); and(2)if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no
			 longer apply.6.Transfer of Northern Cheyenne Trust Fund to Tribe(a)In generalNot later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be
			 deposited in the  Permanent Fund.(b)Use of amountsOf the amounts transferred to the Permanent Fund under subsection (a)—(1)the portion that is attributable to the principal of the Fund shall be maintained in perpetuity;
			 and(2)any interest earned on the amounts described in paragraph (1) shall be used in the same manner as
			 interest earned on amounts in the Permanent Fund may be used.(c)Waiver of legal claimsAs a condition of the transfer under subsection (a), the Tribe shall waive any and all claims
			 arising from the management of the Fund by the United States.7.Eligibility for other Federal benefitsThe transfer  under section 6 shall not result in the reduction or denial of any Federal
			 service, benefit, or program to the Tribe or to any member of the Tribe to
			 which the Tribe or member is entitled or eligible because of—(1)the status of the Tribe as a federally recognized Indian tribe; or(2)the status of the member as a member of the Tribe.8.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act such sums as are necessary.


113 HR 5622 IH: Fire Sprinkler Incentive Act
U.S. House of Representatives
2014-09-18
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
		113th CONGRESS
		2d Session
		H. R. 5622
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2014
			Mr. Langevin (for himself, Mr. Pascrell, Mr. King of New York, Ms. Kuster, Mr. Fitzpatrick, Mr. Cooper, Ms. Norton, Mr. Larson of Connecticut, Mr. Van Hollen, Mr. Holt, Mr. Grijalva, Mr. Johnson of Ohio, and Mr. Israel) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to include automated fire sprinkler system retrofits as
			 section 179 property and classify certain automated fire sprinkler system
			 retrofits as 15-year property for purposes of depreciation.

		1.Short titleThis Act may be cited as the Fire Sprinkler Incentive Act.
		2.Automated fire sprinkler system retrofits treated as section 179 property
			(a)In generalSection 179(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

					(B)which is—
						(i)automated fire sprinkler system retrofit property (as defined in section 168(i)(20) determined
			 without regard to subparagraph (A)(ii) thereof), or
						(ii)section 1245 property (as defined in section 1245(a)(3)), and.
			(b)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the
			 enactment of this Act.
			3.Classification of certain automated fire sprinkler system retrofits
			(a)Treatment as 15-Year propertySection 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting , and , and by adding at the end the following:

					(x)any automated fire sprinkler system retrofit property..
			(b)Applicable depreciation methodSection 168(b)(3) of such Code is amended by adding at the end the following new subparagraph:

					(J)Any automated fire sprinkler system retrofit property..
			(c)Alternative systemThe table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item
			 relating to subparagraph (E)(ix) the following:

						(E)(x)39.
			(d)Definition of automated fire sprinkler system retrofit propertySection 168(i) of such Code is amended by adding at the end the following new paragraph:

					(20)Automated fire sprinkler system retrofit propertyThe term automated fire sprinkler system retrofit property means any property which comprises a sprinkler system which—
						(A)is installed in a building or structure which—
							(i)was placed in service before the date on which such sprinkler system is placed in service, and
							(ii)has an occupiable story the floor of which is more than 75 feet above the lowest level of fire
			 department vehicle access, and
							(B)is classified under one or more of the following:
							(i)National Fire Protection Association 13, Installation of Sprinkler Systems.
							(ii)National Fire Protection Association 13 D, Installation of Sprinkler Systems in One and Two Family
			 Dwellings and Manufactured Homes or International Residential Code Section
			 P2904, Dwelling Unit Fire Sprinkler Systems.
							(iii)National Fire Protection Association 13 R, Installation of Sprinkler Systems in Residential
			 Occupancies up to and Including Four Stories in Height..
			(e)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the
			 enactment of this Act.


109 HR 592 IH: To amend title XVI of the Social Security Act to provide that annuities paid by States to blind veterans shall be disregarded in determining supplemental security income benefits.
U.S. House of Representatives
2005-02-02
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. 592
IN THE HOUSE OF REPRESENTATIVES

February 2, 2005
Mr. Reynolds (for himself, Mr. Serrano, Mr. Weiner, Mrs. McCarthy, Mr. Ackerman, Mrs. Maloney, Mr. McGovern, Mr. Bishop of New York, Mr. Engel, Mr. Smith of New Jersey, and Mr. Lynch) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend title XVI of the Social Security Act to provide that annuities paid by States to blind veterans shall be disregarded in determining supplemental security income benefits.

1.State annuities for blind veterans to be disregarded in determining supplemental security income benefits
(a)Income disregardSection 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended—
(1)by striking and at the end of paragraph (21);
(2)by striking the period at the end of paragraph (22) and inserting ; and; and
(3)by adding at the end the following:

(23)any annuity paid by a State to the individual (or such spouse) on the basis of the individual’s being a veteran (as defined in section 101 of title 38, United States Code) and blind, if a law of such State providing for such an annuity was in effect on the date of the enactment of this paragraph..
(b)Resource disregardSection 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended—
(1)by striking and at the end of paragraph (14);
(2)by striking the period at the end of paragraph (15) and inserting ; and; and
(3)by inserting after paragraph (15) the following:

(16)for the month of receipt and every month thereafter, any annuity paid by a State to the individual (or such spouse) on the basis of the individual’s being a veteran (as defined in section 101 of title 38, United States Code) and blind, if a law of such State providing for such an annuity was in effect on the date of the enactment of this paragraph..
(c)Effective dateThe amendments made by this section shall apply to benefits paid for months beginning after the date of the enactment of this Act.


		II
		112th CONGRESS
		1st Session
		S. 992
		IN THE SENATE OF THE UNITED STATES

			May 12, 2011
			Mrs. Boxer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Public Health Service Act to establish
		  direct care registered nurse-to-patient staffing ratio requirements in
		  hospitals, and for other purposes.

		1.Short titleThis Act may be cited as the
			 National Nursing Shortage Reform and
			 Patient Advocacy Act.
		2.Minimum direct
			 care registered nurse staffing requirements
			(a)Minimum direct
			 care registered nurse staffing requirementsThe
			 Public Health Service Act (42 U.S.C.
			 201 et seq.) is amended by adding at the end the following new title:

					XXXIVMinimum direct
				care registered nurse staffing requirements
						3401.Minimum nurse
				staffing requirements
							(a)Staffing
				plan
								(1)In
				generalA hospital shall implement a staffing plan that—
									(A)provides adequate,
				appropriate, and quality delivery of health care services and protects patient
				safety; and
									(B)is consistent with
				the requirements of this title.
									(2)Effective
				dates
									(A)Implementation
				of staffing planSubject to subparagraph (B), the requirements
				under paragraph (1) shall take effect not later than 1 year after the date of
				enactment of this title.
									(B)Application of
				minimum direct care registered nurse-to-patient ratiosThe
				requirements under subsection (b) shall take effect as soon as practicable, as
				determined by the Secretary, but not later than 2 years after the date of
				enactment of this title, or in the case of a hospital in a rural area (as
				defined in section 1886(d)(2)(D) of the Social
				Security Act), not later than 4 years after the date of enactment of
				this title.
									(b)Minimum direct
				care registered nurse-to-Patient ratios
								(1)In
				generalExcept as otherwise provided in this section, a
				hospital’s staffing plan shall provide that, at all times during each shift
				within a unit of the hospital, a direct care registered nurse shall be assigned
				to not more than the following number of patients in that unit, subject to
				paragraph (4):
									(A)One patient in
				trauma emergency units.
									(B)One patient in
				operating room units, provided that a minimum of 1 additional person serves as
				a scrub assistant in such unit.
									(C)Two patients in
				critical care units, including neonatal intensive care units, emergency
				critical care and intensive care units, labor and delivery units, coronary care
				units, acute respiratory care units, postanesthesia units, and burn
				units.
									(D)Three patients in
				emergency room units, stepdown units, pediatrics units, telemetry units,
				antepartum units, and combined labor, delivery, and postpartum units.
									(E)Four patients in
				medical-surgical units, intermediate care nursery units, psychiatric units, and
				other specialty care units.
									(F)Five patients in
				rehabilitation units, and skilled nursing units.
									(G)Six patients in
				well-baby nursery units and postpartum (3 couplets) units.
									(2)Units with
				different namesThe Secretary may apply minimum direct care
				registered nurse-to-patient ratios established in paragraph (1) to a type of
				hospital unit not referred to in such paragraph if such other unit provides a
				level of care to patients whose needs are similar to the needs of patients
				cared for in any unit referred to in such paragraph.
								(3)Restrictions
									(A)Prohibition
				against averagingA hospital shall not average the number of
				patients and the total number of direct care registered nurses assigned to
				patients in a hospital unit during any 1 shift or over any period of time for
				purposes of meeting the requirements under this subsection.
									(B)Prohibition
				against imposition of mandatory overtime requirementsA hospital
				shall not impose mandatory overtime requirements to meet the hospital unit
				direct care registered nurse-to-patient ratios required under this
				subsection.
									(C)Relief during
				routine absencesA hospital shall ensure that only a direct care
				registered nurse may relieve another direct care registered nurse during
				breaks, meals, and other routine, expected absences from a hospital
				unit.
									(4)Adjustment of
				ratios
									(A)In
				generalIf necessary to protect patient safety, the Secretary may
				prescribe regulations that—
										(i)increase minimum
				direct care registered nurse-to-patient ratios under this subsection to further
				limit the number of patients that may be assigned to each direct care nurse;
				or
										(ii)add minimum
				direct care registered nurse-to-patient ratios for units not referred to in
				paragraphs (1) and (2).
										(B)ConsultationSuch
				regulations shall be prescribed after consultation with affected hospitals and
				registered nurses.
									(5)No preemption of
				certain State-imposed ratiosNothing in this title shall preempt
				State standards that the Secretary determines to be at least equivalent to
				Federal requirements for a staffing plan established under this title. Minimum
				direct care registered nurse-to-patient ratios established under this
				subsection shall not preempt State requirements that the Secretary determines
				are at least equivalent to Federal requirements for a staffing plan established
				under this title.
								(6)Exemption in
				emergencies
									(A)In
				generalThe requirements established under this subsection shall
				not apply during a state of emergency if a hospital is requested or expected to
				provide an exceptional level of emergency or other medical services.
									(B)GuidanceThe
				Secretary shall issue guidance to hospitals that describes situations that
				constitute a state of emergency for purposes of the exemption under this
				paragraph.
									(c)Development and
				reevaluation of staffing plan
								(1)Considerations in
				development of planIn developing the staffing plan, a hospital
				shall provide for direct care registered nurse-to-patient ratios above the
				minimum direct care registered nurse-to-patient ratios required under
				subsection (b) if appropriate based upon consideration of the following
				factors:
									(A)The number of
				patients and acuity level of patients as determined by the application of an
				acuity system (as defined in section 3407(1)), on a shift-by-shift
				basis.
									(B)The anticipated
				admissions, discharges, and transfers of patients during each shift that
				impacts direct patient care.
									(C)Specialized
				experience required of direct care registered nurses on a particular
				unit.
									(D)Staffing levels
				and services provided by licensed vocational or practical nurses, licensed
				psychiatric technicians, certified nurse assistants, or other ancillary staff
				in meeting direct patient care needs not required by a direct care registered
				nurse.
									(E)The level and
				quality of technology available that affects the delivery of direct patient
				care.
									(F)The level of
				familiarity with hospital practices, policies, and procedures by temporary
				agency direct care registered nurses used during a shift.
									(G)Obstacles to
				efficiency in the delivery of patient care presented by physical layout.
									(2)Documentation of
				staffingA hospital shall specify the system used to document
				actual staffing in each unit for each shift.
								(3)Annual
				reevaluation of plan and acuity system
									(A)In
				generalA hospital shall annually evaluate—
										(i)its staffing plan
				in each unit in relation to actual patient care requirements; and
										(ii)the accuracy of
				its acuity system.
										(B)UpdateA
				hospital shall update its staffing plan and acuity system to the extent
				appropriate based on such evaluation.
									(4)Transparency
									(A)In
				generalAny acuity-based patient classification system adopted by
				a hospital under this section shall be transparent in all respects, including
				disclosure of detailed documentation of the methodology used to predict nursing
				staffing, identifying each factor, assumption, and value used in applying such
				methodology.
									(B)Public
				availabilityThe Secretary shall establish procedures to provide
				that the documentation submitted under subsection (e) is available for public
				inspection in its entirety.
									(5)Registered nurse
				participationA staffing plan of a hospital shall be developed
				and subsequent reevaluations shall be conducted under this subsection on the
				basis of input from direct care registered nurses at the hospital or, where
				such nurses are represented through collective bargaining, from the applicable
				recognized or certified collective bargaining representative of such nurses.
				Nothing in this title shall be construed to permit conduct prohibited under the
				National Labor Relations Act or under the Federal Labor Relations Act.
								(d)Acuity
				tool
								(1)In
				generalNot later than 2 years after the date of enactment of the
				National Nursing Shortage Reform and Patient
				Advocacy Act, the Secretary shall develop a national acuity tool
				that provides a transparent method for establishing nurse staffing requirements
				above the hospital unit direct care registered nurse-to-patient ratios required
				under subsection (b).
								(2)ImplementationEach
				hospital may adopt and implement the national acuity tool described in
				paragraph (1), and provide staffing based on such tool. Any additional direct
				care registered nursing staffing above the hospital unit direct care registered
				nurse-to-patient ratios described in subsection (b) shall be assigned in a
				manner determined by such national acuity tool.
								(e)Submission of
				plan to SecretaryA hospital shall submit to the Secretary its
				staffing plan required under subsection (a)(1) and any annual updates under
				subsection (c)(3)(B).
							3402.Posting,
				records, and audits
							(a)Posting
				requirementsIn each unit, a hospital shall post a uniform notice
				in a form specified by the Secretary in regulation that—
								(1)explains
				requirements imposed under section 3401;
								(2)includes actual
				direct care registered nurse-to-patient ratios during each shift; and
								(3)is visible,
				conspicuous, and accessible to staff, patients, and the public.
								(b)Records
								(1)Maintenance of
				recordsEach hospital shall maintain accurate records of actual
				direct care registered nurse-to-patient ratios in each unit for each shift for
				no less than 2 years. Such records shall include—
									(A)the number of
				patients in each unit;
									(B)the identity and
				duty hours of each direct care registered nurse assigned to each patient in
				each unit in each shift; and
									(C)a copy of each
				notice posted under subsection (a).
									(2)Availability of
				recordsEach hospital shall make its records maintained under
				paragraph (1) available to—
									(A)the
				Secretary;
									(B)registered nurses
				and their collective bargaining representatives (if any); and
									(C)the public under
				regulations established by the Secretary, or in the case of a federally
				operated hospital, under
				section
				552 of title 5, United States Code (commonly known as the
				Freedom of Information Act).
									(c)AuditsThe
				Secretary shall conduct periodic audits to ensure—
								(1)implementation of
				the staffing plan in accordance with this title; and
								(2)accuracy in
				records maintained under this section.
								3403.Minimum direct
				care licensed practical nurse staffing requirements
							(a)EstablishmentA
				hospital’s staffing plan shall comply with minimum direct care licensed
				practical nurse staffing requirements that the Secretary establishes for units
				in hospitals. Such staffing requirements shall be established not later than 18
				months after the date of enactment of this title, and shall be based on the
				study conducted under subsection (b).
							(b)StudyNot
				later than 1 year after the date of enactment of this title, the Secretary,
				acting through the Director of the Agency for Healthcare Research and Quality,
				shall complete a study of licensed practical nurse staffing and its effects on
				patient care in hospitals. The Director may contract with a qualified entity or
				organization to carry out such study under this paragraph. The Director shall
				consult with licensed practical nurses and organizations representing licensed
				practical nurses regarding the design and conduct of the study.
							(c)Application of
				registered nurse provisions to licensed practical nurse staffing
				requirementsParagraphs (2), (4), (5)(A), and (6) of section
				3401(b), section 3401(c), and section 3402 shall apply to the establishment and
				application of direct care licensed practical nurse staffing requirements under
				this section in the same manner that they apply to the establishment and
				application of direct care registered nurse-to-patient ratios under sections
				3401 and 3402.
							(d)Effective
				dateThe requirements of this section shall take effect as soon
				as practicable, as determined by the Secretary, but not later than 2 years
				after the date of enactment of this title, or in the case of a hospital in a
				rural area (as defined in section 1886(d)(2)(D) of the
				Social Security Act), not later than 4
				years after the date of enactment of this title.
							3404.Adjustment in
				reimbursement
							(a)Medicare
				reimbursementThe Secretary shall adjust payments made to
				hospitals under title XVIII of the Social
				Security Act in an amount equal to the net amount of additional
				costs incurred in providing services to Medicare beneficiaries that are
				attributable to compliance with requirements imposed under sections 3401
				through 3403. The amount of such payment adjustments shall take into account
				recommendations contained in the report submitted by the Medicare Payment
				Advisory Commission under subsection (b).
							(b)Medpac
				reportNot later than 2 years after the date of the enactment of
				this title, the Medicare Payment Advisory Commission (established under section
				1805 of the Social Security Act) shall
				submit to Congress and the Secretary a report estimating total costs and
				savings attributable to compliance with requirements imposed under sections
				3401 through 3403. Such report shall include recommendations on the need, if
				any, to adjust reimbursement for Medicare payments under subsection (a).
							3405.Whistleblower
				and patient protections
							(a)Recognition of
				duty and right of nurses To advocate in the exclusive interest of the
				patientA nurse shall have the right to act as the patient’s
				advocate, as circumstances require, by—
								(1)initiating action
				to improve health care or to change decisions or activities, including the
				recommendations of health information technology tools, which, in the
				professional judgment of the nurse, are against the interests and wishes of the
				patient; and
								(2)giving the
				patient an opportunity to make informed decisions about health care before it
				is provided.
								(b)Refusal of
				assignmentA nurse may refuse to accept an assignment as a nurse
				in a hospital if—
								(1)the assignment
				would violate section 3401 or 3403; or
								(2)the nurse is not
				prepared by education, training, or experience to fulfill the assignment
				without compromising the safety of any patient or jeopardizing the license of
				the nurse.
								(c)Retaliation for
				refusal of assignment barred
								(1)No discharge,
				discrimination, or retaliationNo hospital shall discharge,
				discriminate, or retaliate in any manner with respect to any aspect of
				employment (as defined in section 3407(5)), including discharge, promotion,
				compensation, or terms, conditions, or privileges of employment against a nurse
				based on the nurse’s refusal of a work assignment under subsection (b).
								(2)No filing of
				complaintNo hospital shall file a complaint or a report against
				a nurse with the appropriate State professional disciplinary agency because of
				the nurse’s refusal of a work assignment described in subsection (b).
								(d)Cause of
				actionAny nurse who has been discharged, discriminated against,
				or retaliated against in violation of subsection (c)(1) or against whom a
				complaint has been filed in violation of subsection (c)(2) may bring a cause of
				action in a United States district court. A nurse who prevails on the cause of
				action shall be entitled to one or more of the following:
								(1)Reinstatement.
								(2)Reimbursement of
				lost wages, compensation, and benefits.
								(3)Attorneys’
				fees.
								(4)Court
				costs.
								(5)Other
				damages.
								(e)Complaint to
				Secretary
								(1)In
				generalA nurse, patient, or other individual may file a
				complaint with the Secretary against a hospital that violates the provisions of
				this title. For any complaint filed, the Secretary shall—
									(A)receive and
				investigate the complaint;
									(B)determine whether a
				violation of this title as alleged in the complaint has occurred; and
									(C)if such a
				violation has occurred, issue an order that the complaining nurse or individual
				shall not suffer any retaliation described in subsection (c) or subsection
				(g).
									(f)Toll-Free
				telephone number
								(1)In
				generalThe Secretary shall provide for the establishment of a
				toll-free telephone hotline to provide information regarding the requirements
				under section 3401 and to receive reports of violations of such section.
								(2)Notice to
				patientsA hospital shall provide each patient admitted to the
				hospital for inpatient care with the hotline described in paragraph (1), and
				shall give notice to each patient that such hotline may be used to report
				inadequate staffing or care.
								(g)Protection for
				reporting
								(1)Prohibition on
				retaliation or discriminationA hospital shall not discriminate
				or retaliate in any manner against any patient, employee, or contract employee
				of the hospital, or any other individual, on the basis that such individual, in
				good faith, individually or in conjunction with another person or persons, has
				presented a grievance or complaint, or has initiated or cooperated in any
				investigation or proceeding of any governmental entity, regulatory agency, or
				private accreditation body, made a civil claim or demand, or filed an action
				relating to the care, services, or conditions of the hospital or of any
				affiliated or related facilities.
								(2)Good faith
				definedFor purposes of this subsection, an individual shall be
				deemed to be acting in good faith if the individual reasonably believes—
									(A)the information
				reported or disclosed is true; and
									(B)a violation of this
				title has occurred or may occur.
									(h)Prohibition on
				interference with rights
								(1)Exercise of
				rightsIt shall be unlawful for any hospital to—
									(A)interfere with,
				restrain, or deny the exercise, or attempt to exercise, by any person of any
				right provided or protected under this title; or
									(B)coerce or
				intimidate any person regarding the exercise or attempt to exercise such
				right.
									(2)Opposition to
				unlawful policies or practicesIt shall be unlawful for any
				hospital to discriminate or retaliate against any person for opposing any
				hospital policy, practice, or actions which are alleged to violate, breach, or
				fail to comply with any provision of this title.
								(3)Prohibition on
				interference with protected communicationsA hospital (or an
				individual representing a hospital) shall not make, adopt, or enforce any rule,
				regulation, policy, or practice which in any manner directly or indirectly
				prohibits, impedes, or discourages a direct care registered nurse from, or
				intimidates, coerces, or induces a direct care registered nurse regarding,
				engaging in free speech activities or disclosing information as provided under
				this title.
								(4)Prohibition on
				interference with collective actionA hospital (or an individual
				representing a hospital) shall not in any way interfere with the rights of
				nurses to organize, bargain collectively, and engage in concerted activity
				under section 7 of the National Labor Relations Act (29 U.S.C. 157).
								(i)NoticeA
				hospital shall post in an appropriate location in each unit a conspicuous
				notice in a form specified by the Secretary that—
								(1)explains the
				rights of nurses, patients, and other individuals under this section;
								(2)includes a
				statement that a nurse, patient, or other individual may file a complaint with
				the Secretary against a hospital that violates the provisions of this title;
				and
								(3)provides
				instructions on how to file a complaint under paragraph (2).
								(j)Effective
				dates
								(1)Refusal;
				retaliation; cause of action
									(A)In
				generalSubsections (b) through (d) shall apply to refusals
				occurring on or after the effective date of the provision to which the refusal
				relates.
									(B)ExceptionSubsection
				(b)(2) shall not apply to refusals in any hospital before the requirements of
				section 3401(a) apply to that hospital.
									(2)Protections for
				reportingSubsection (g)(1) shall apply to actions occurring on
				or after the effective date of the provision to which the violation relates,
				except that such subsection shall apply to initiation, cooperation, or
				participation in an investigation or proceeding on or after the date of
				enactment of this title.
								(3)NoticeSubsection
				(i) shall take effect 18 months after the date of enactment of this
				title.
								3406.Enforcement
							(a)In
				generalThe Secretary shall enforce the requirements and
				prohibitions of this title in accordance with this section.
							(b)Procedures for
				receiving and investigating complaintsThe Secretary shall
				establish procedures under which—
								(1)any person may
				file a complaint alleging that a hospital has violated a requirement or a
				prohibition of this title; and
								(2)such complaints
				shall be investigated by the Secretary.
								(c)RemediesIf
				the Secretary determines that a hospital has violated a requirement of this
				title, the Secretary—
								(1)shall require the
				facility to establish a corrective action plan to prevent the recurrence of
				such violation; and
								(2)may impose civil
				money penalties, as described in subsection (d).
								(d)Civil
				penalties
								(1)In
				generalIn addition to any other penalties prescribed by law, the
				Secretary may impose civil penalties as follows:
									(A)Hospital
				liabilityThe Secretary may impose on a hospital found to be in
				violation of this title, a civil money penalty of not more than $25,000 for
				each knowing violation of a requirement of this title, except that the
				Secretary shall impose a civil money penalty of more than $25,000 for each such
				violation in the case of a participating hospital that the Secretary determines
				has a pattern or practice of such violations (with the amount of such
				additional penalties being determined in accordance with a schedule or
				methodology specified in regulations).
									(B)Individual
				liabilityThe Secretary may impose on an individual who—
										(i)is employed by a
				hospital found by the Secretary to have violated a requirement of this title;
				and
										(ii)willfully
				violates this title,
										a civil
				money penalty of not more than $20,000 for each such violation.(2)ProceduresThe
				provisions of section 1128A of the Social Security Act (other than subsections
				(a) and (b)) shall apply to a civil money penalty under this paragraph in the
				same manner as such provisions apply to a penalty or proceeding under such
				section 1128A.
								(e)Public notice
				of violations
								(1)Internet
				websiteThe Secretary shall publish on the Internet website of
				the Department of Health and Human Services the names of participating
				hospitals on which civil money penalties have been imposed under this
				subsection, the violation for which such penalty was imposed, and such
				additional information as the Secretary determines appropriate.
								(2)Change of
				ownershipWith respect to a participating hospital that had a
				change in ownership, as determined by the Secretary, penalties imposed on the
				hospital while under previous ownership shall no longer be published by the
				Secretary of such Internet website after the 1-year period beginning on the
				date of change in ownership.
								(f)OffsetFunds
				collected by the Secretary under this section shall be used to offset the costs
				of enforcing this title.
							3407.DefinitionsFor purposes of this title:
							(1)Acuity
				systemThe term acuity system means an established
				measurement tool that—
								(A)predicts nursing
				care requirements for individual patients based on severity of patient illness,
				need for specialized equipment and technology, intensity of nursing
				interventions required, and the complexity of clinical nursing judgment needed
				to design, implement, and evaluate the patient’s nursing care plan;
								(B)details the amount
				of nursing care needed, both in number of nurses and in skill mix of nursing
				personnel required, on a daily basis, for each patient in a nursing department
				or unit;
								(C)takes into
				consideration the patient care services provided not only by registered nurses
				but also by direct care licensed practical nurses and other health care
				personnel; and
								(D)is stated in terms
				that can be readily used and understood by nurses.
								(2)Direct care
				licensed practical nurseThe term direct care licensed
				practical nurse means an individual who has been granted a license by at
				least 1 State to practice as a licensed practical nurse or a licensed
				vocational nurse and who provides bedside care for 1 or more patients.
							(3)Direct care
				registered nurseThe term direct care registered
				nurse means an individual who has been granted a license by at least 1
				State to practice as a registered nurse and who provides bedside care for 1 or
				more patients.
							(4)EmploymentThe
				term employment includes the provision of services under a
				contract or other arrangement.
							(5)HospitalThe
				term hospital has the meaning given that term in section 1861(e)
				of the Social Security Act and
				includes a long-term care hospital, as defined in section 1861(ccc) of such
				Act.
							(6)NurseThe
				term nurse means any direct care registered nurse or direct care
				licensed practical nurse (as the case may be), regardless of whether or not the
				nurse is an employee.
							(7)Staffing
				planThe term staffing plan means a staffing plan
				required under section 3401.
							(8)State of
				emergencyThe term state of emergency means a state
				of emergency that is an unpredictable or unavoidable occurrence at an
				unscheduled or unpredictable interval, relating to health care delivery and
				requiring immediate medical interventions and care, but such term does not
				include a state of emergency that results from a labor dispute in the health
				care industry or consistent understaffing.
							3408.Rule of
				constructionNothing in this
				title shall be construed to authorize disclosure of private and confidential
				patient information, except in the case where such disclosure is otherwise
				required by law, compelled by proper legal process, consented to by the
				patient, provided in confidence to regulatory or accreditation agencies or
				other government entities for investigatory purposes, or provided pursuant to
				formal or informal complaints of unlawful or improper practices for purposes of
				achieving corrective and remedial
				action.
						.
			(b)Recommendations
			 to CongressNot later than 1 year after the date of enactment of
			 this Act, the Secretary of Health and Human Services shall submit to Congress a
			 report containing recommendations for ensuring that sufficient numbers of
			 nurses are available to meet the requirements imposed by title XXXIV of the
			 Public Health Service Act, as added
			 by subsection (a).
			(c)Report by
			 HRSA
				(1)In
			 generalNot later than 2 years after the date of enactment of
			 this Act, the Administrator of the Health Resources and Services
			 Administration, in consultation with the National Health Care Workforce
			 Commission, shall submit to Congress a report regarding the relationship
			 between nurse staffing levels and nurse retention in hospitals.
				(2)Updated
			 reportNot later than 5 years after the date of enactment of this
			 Act, the Administrator of the Health Resources and Services Administration, in
			 consultation with the National Health Care Workforce Commission, shall submit
			 to Congress an update of the report submitted under paragraph (1).
				3.Enforcement of
			 requirements through Federal programs
			(a)Medicare
			 programSection 1866(a)(1) of the Social Security Act (42 U.S.C.
			 1395cc(a)(1)) is amended—
				(1)by striking
			 and at the end of subparagraph (V);
				(2)in subparagraph
			 (W), as added by section 3005(1)(C) of the Patient Protection and Affordable
			 Care Act (Public Law 111–148)—
					(A)by moving such
			 subparagraph 2 ems to the left; and
					(B)by striking the
			 period at the end and inserting a comma;
					(3)by redesignating
			 subparagraph (W), as added by section 6406(b)(3) of the Patient Protection and
			 Affordable Care Act (Public Law 111–148), as subparagraph (X) and moving such
			 subparagraph 2 ems to the left;
				(4)in subparagraph
			 (X), as redesignated by paragraph (3), by striking the period at the end and
			 inserting , and; and
				(5)by inserting after
			 subparagraph (X), as so redesignated, the following:

						(Y)in the case of a hospital, to be
				subject to the provisions of title XXXIV of the Public Health Service
				Act.
						.
				(b)Medicaid
			 programSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
			 amended—
				(1)in paragraph
			 (82)(C), by striking and at the end;
				(2)in paragraph
			 (83), by striking the period at the end and inserting ; and;
			 and
				(3)by inserting
			 after paragraph (83) the following new paragraph:

						(84)provide that any
				hospital receiving payments under such plan shall be subject to the provisions
				of title XXXIV of the Public Health Service
				Act.
						.
				4.Nurse Workforce
			 Initiative
			(a)Scholarship and
			 stipend programSection 846(d) of the Public Health Service Act
			 (42 U.S.C. 297n(d)) is amended—
				(1)in the section
			 heading, by inserting and
			 Stipend after Scholarship; and
				(2)in paragraph (1),
			 by inserting or stipends after
			 scholarships.
				(b)Nurse retention
			 grantsSection 831A(b) of the Public Health Service Act (42
			 U.S.C. 296p–1(b)) is amended—
				(1)by striking
			 Grants for Career Ladder
			 Program.— and inserting Grants for Nurse
			 Retention.—;
				(2)in paragraph (2),
			 by striking ; or and inserting a semicolon;
				(3)in paragraph (3),
			 by striking the period and inserting a semicolon; and
				(4)by adding at the
			 end the following:

						(4)to provide
				additional support to nurses entering the workforce by implementing nursing
				preceptorship projects that establish a period of practical and clinical
				experiences and training for nursing students, newly hired nurses, and recent
				graduates of a direct care degree programs for registered nurses; or
						(5)to implement
				mentorship projects that assist new or transitional direct care registered
				nurses in adapting to the hospital
				setting.
						.


113 HRES 344 IH: Directing the Speaker of the House of Representatives to direct, for the purpose of interpreting Office of Personnel Management (OPM) guidance with respect to the Patient Protection and Affordable Care Act, that the definition of congressional staff employed by an official office shall include all committee staff, all joint committee staff, and all staff employed by leadership offices of the House of Representatives.
U.S. House of Representatives
2013-09-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 344
		IN THE HOUSE OF REPRESENTATIVES

			September 12, 2013
			Mr. Gohmert submitted
			 the following resolution; which was referred to the
			 Committee on House
			 Administration

		RESOLUTION
		Directing the Speaker of the House of
		  Representatives to direct, for the purpose of interpreting Office of Personnel
		  Management (OPM) guidance with respect to the Patient Protection and Affordable
		  Care Act, that the definition of congressional staff employed by
		  an official office shall include all committee staff, all joint
		  committee staff, and all staff employed by leadership offices of the House of
		  Representatives.

		Whereas on March 23, 2010, the Patient Protection and
			 Affordable Care Act (Public Law 111–148), was signed into law;
		Whereas there is a requirement in the Act that
			 Members of Congress and congressional staff who wish
			 to purchase health insurance through their employer purchase health plans
			 offered through an Exchange established under the Act starting
			 in 2014;
		Whereas the Act defines congressional staff as all
			 full-time and part-time employees employed by the official office of a Member
			 of Congress, whether in Washington, DC or outside of Washington,
			 DC;
		Whereas official office is not defined under
			 current statutory or regulatory laws;
		Whereas according to the Office of Personnel Management
			 (OPM), “[b]ecause there is not an existing statutory or regulatory definition
			 of official office,” OPM defers to the employing office of the Member of
			 Congress to determine whether an employed individual meets the
			 statutory definition of congressional staff for purposes of the
			 Act;
		Whereas currently congressional employee, as
			 defined in accordance with section 8901 of title 5, United States Code (the
			 statute determining eligibility for enrollment in the Federal Employees Health
			 Benefits (FEHBP) Program), includes each Member’s respective personal staffs,
			 staffs of House and Senate leadership offices, other committee staff, and
			 administrative office staff;
		Whereas the Patient Protection and Affordable Care Act
			 does not amend section 8901 of title 5, United States Code, and therefore does
			 not change the current definition of congressional employee;
			 and
		Whereas because the committee staff, joint committee
			 staff, and staff employed by leadership offices do not meet the definition of
			 congressional employee under the Act, they are excluded from the requirement:
			 Now, therefore, be it

		That the Speaker of the House of
			 Representatives shall direct, for the purpose of interpreting Office of
			 Personnel Management (OPM) guidance with respect to the Patient Protection and
			 Affordable Care Act, that the definition of congressional staff
			 employed by an official office shall include all committee staff,
			 all joint committee staff, and all staff employed by leadership offices of the
			 House of Representatives.