		II

		109th CONGRESS

		1st Session

		S. 1784

		IN THE SENATE OF THE UNITED STATES

			September 28, 2005

			Mrs. Clinton (for

			 herself and Mr. Obama) 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 promote a

		  culture of safety within the health care system through the establishment of a

		  National Medical Error Disclosure and Compensation Program.

		1.Short

			 titleThis Act may be cited as

			 the National Medical Error Disclosure and Compensation Act or

			 the National MEDiC

			 Act.

		2.FindingsCongress makes the following

			 findings:

			(1)In 1999, the

			 Institute of Medicine released a report entitled To Err is Human

			 that found medical errors to be the eighth leading cause of death in the United

			 States, with as many as 98,000 people dying each year as a result of medical

			 errors.

			(2)To reduce deaths

			 and injuries due to medical errors, the health care system must identify and

			 learn how to prevent such errors so that health care quality can be

			 improved.

			(3)The goals of the

			 liability system are to identify causes of medical error, remediate those

			 causes to prevent reoccurrence, and to compensate those injured by medical

			 negligence. Studies have shown, however, that only one medical malpractice

			 claim is filed for every 8 medical injuries, and the average duration of

			 malpractice claim resolution is between 4 and 8 years. Thus, the current health

			 care liability system has been found to be an inefficient and sometimes

			 ineffective mechanism for initiating or resolving claims of medical error,

			 medical negligence, or malpractice.

			(4)The current

			 liability system has also been shown to be a deterrent to the timely sharing of

			 information among health care professionals, as well as between health care

			 professionals and patients, which impedes efforts to improve patient safety and

			 quality of care.

			(5)Solutions to the

			 patient safety, litigation, and medical liability insurance problems have been

			 elusive. A middle ground solution that meets the basic needs of all

			 stakeholders including patients, health care providers, insurers, purchasers,

			 and attorneys is desperately needed.

			(6)Some hospital

			 systems and private medical liability insurance companies have adopted a policy

			 of robust disclosure of medical errors, apologies for such errors, and early

			 compensation for patient injury. For example, a Department of Veterans Affairs

			 hospital in Lexington, Kentucky, the University of Michigan Health System, and

			 the private insurer Copic Insurance Company in Colorado have adopted such

			 policies and have reported significantly decreased legal expenses and smaller

			 claim payouts. Overall, these policies have resulted in fewer numbers of

			 malpractice suits being filed, more patients being compensated for injuries,

			 greater patient trust and satisfaction, and significantly reduced

			 administrative and legal defense costs for providers, insurers, and hospitals

			 where such policies are in place.

			3.Amendment to the

			 public health service act

			(a)In

			 generalTitle IX of the

			 Public Health Service Act (42 U.S.C. 299 et seq.), as amended by the Patient

			 Safety and Quality Improvement Act of 2005 (Public Law 109–41), is

			 amended—

				(1)by redesignating

			 part D as part E;

				(2)by redesignating

			 sections 931 through 938 as sections 941 through 948, respectively;

				(3)in section 948(1)

			 (as so redesignated), by striking 931 and inserting

			 941; and

				(4)by inserting

			 after part C the following:

						DMedical Error

				Disclosure and Compensation

							931.DefinitionsIn this part:

								(1)DatabaseThe

				term Database means the National Patient Safety Database

				established under section 934.

								(2)Health care

				providerThe term health care provider means a

				person or entity licensed or otherwise authorized under State law to provide

				health care services, including—

									(A)a hospital,

				health plan, community clinic, nursing facility, comprehensive rehabilitation

				facility, home health agency, hospice program, renal dialysis facility,

				ambulatory surgical center, pharmacy, doctor's or health care practitioner's

				office, long-term care facility, behavior health residential treatment

				facility, clinical laboratory, or health center;

									(B)a doctor, nurse,

				physician assistant, nurse practitioner, clinical nurse specialist, certified

				nurse anesthetist, certified nurse midwife, psychologist, certified social

				worker, registered dietitian or nutrition professional, physical or

				occupational therapist, pharmacist, or other individual health care

				practitioner; and

									(C)any other health

				care professional specified in regulations promulgated by the Secretary.

									(3)Identifiable

				patient safety work productThe term identifiable patient

				safety work product means patient safety work product that—

									(A)is presented in a

				form and manner that allows the identification of any provider that is a

				subject of the work product, or any providers that participate in activities

				that are a subject of the work product;

									(B)constitutes

				individually identifiable health information as that term is defined in the

				regulations promulgated under section 264(c) of the

				Health Insurance Portability and Accountability

				Act of 1996; or

									(C)is presented in a

				form and manner that allows the identification of an individual who reported

				information in the manner specified in section 922(e) or 935.

									(4)Medical

				errorThe term medical error means an unexpected

				occurrence involving death or serious physical or psychological injury, or the

				risk of such injury, including any process variation of which recurrence may

				carry significant chance of a serious adverse outcome.

								(5)Nonidentifiable

				patient safety work productThe term nonidentifiable

				patient safety work product has the meaning given such term in section

				921.

								(6)OfficeThe term Office means the

				Office of Patient Safety and Health Care Quality established under section 933,

				which shall be a certified patient safety organization as defined under part

				C.

								(7)Patient safety

				dataThe term patient safety data means information

				requested by the Director of the Office to be submitted by the patient safety

				officer of a Program participant as described in section 935(e).

								(8)Patient safety

				eventThe term patient safety event means an

				occurrence, incident, or process that either contributes to, or has the

				potential to contribute to, a patient injury or degrades the ability of health

				care providers to provide the appropriate standard of care.

								(9)Patient safety

				officerThe term patient safety officer means the

				individual designated by a Program participant as being responsible for

				ensuring that the conditions for participation in the Program are met.

								(10)Patient safety

				organizationThe term patient safety organization

				has the meaning given such term in section 921.

								(11)Patient safety

				work productThe term patient safety work product

				has the meaning given such term in section 921.

								(12)ProgramThe term Program means the

				National Medical Error Disclosure and Compensation (MEDiC) Program, established

				under section 935.

								(13)Program

				participantThe term Program participant means a

				participant that meets the requirements of section 935(b).

								(14)Root cause

				analysisThe term root

				cause analysis means an examination or investigation of an occurrence,

				event, or incident to determine if a preventable medical error took place or

				the standard of care was not followed and to identify the causal factors that

				led to such occurrence, event, or incident.

								932.Purpose and

				goalsIt is the purpose of

				this part to promote a culture of safety within hospitals, health systems,

				clinics, and other sites of health care, through the establishment of a

				National Medical Error Disclosure and Compensation (MEDiC) Program (referred to

				in this part as the Program). It shall be a goal of the Program

				to—

								(1)improve the

				quality of health care by encouraging open communication between patients and

				health care providers about medical errors and other patient safety

				events;

								(2)reduce rates of

				preventable medical errors;

								(3)ensure patients

				have access to fair compensation for medical injury due to medical error,

				negligence, or malpractice; and

								(4)reduce the cost

				of medical liability insurance for doctors, hospitals, health systems, and

				other health care providers.

								933.Office of

				Patient Safety and Health Care Quality

								(a)In

				generalThe Secretary shall establish within the Office of the

				Secretary, an Office of Patient Safety and Health Care Quality to collaborate

				with the Director of the Agency for Health Care Research and Quality to improve

				patient safety and reduce medical error across the health care system. The

				Office shall be headed by a Director to be appointed by the Secretary.

								(b)ActivitiesThe

				activities of the Office shall be deemed patient safety activities, as defined

				in section 921.

								(c)DutiesThe

				Director of the Office shall—

									(1)establish and

				administer the Program;

									(2)determine who is

				eligible for participation in the Program in accordance with section

				935;

									(3)develop a

				standardized application to be submitted by interested parties for entry into

				the Program;

									(4)oversee the

				application process for entry into the Program under section 935 and provide

				technical assistance to Program applicants and Program participants;

									(5)contract with an

				independent entity for the purpose of evaluating the Program at least once

				every two years, with the results of such evaluations being disseminated to

				Program participants, Congress, and the public;

									(6)establish and

				maintain, in consultation with patient safety organizations, health care

				quality organizations, health care providers, and the health information

				technology industry, a National Patient Safety Database as provided for in

				section 934 to receive nonidentifiable patient safety work product as described

				in the reporting requirements for Program participants under section

				935(c)(10);

									(7)determine and

				adopt a standardized patient safety taxonomy, necessary elements, common and

				consistent definitions, and standardized formats for the electronic reporting

				of patient safety data to the Database as described in section 934(e);

									(8)survey Federal,

				State, and local requirements for the reporting of patient safety data and work

				to streamline and reduce duplication of such requirements;

									(9)grant patient

				safety organizations, researchers, and other qualified individuals and

				institutions access to the Database as determined appropriate through the

				evaluation of completed applications submitted to the Office for such

				purpose;

									(10)analyze,

				directly or through a contract with a patient safety organization, all data

				entered into the Database and provide Program participants, Congress, and the

				public with medical error trend reports and other analyses as determined

				appropriate by the Director on a quarterly basis;

									(11)develop,

				directly or through a contract with a patient safety organization, safety and

				training recommendations for health care providers that focus on the reduction

				of medical errors, improved patient safety, and increased quality of care on at

				least a yearly basis;

									(12)maintain a

				publicly accessible Internet website to provide patients and health care

				providers with information concerning the Program and the Database;

									(13)conduct,

				directly or through a contract, the National MEDiC Accountability Study, as

				described in section 937, the Medical Liability Insurance Study, as described

				in section 938, and a study to reduce the incidence of lawsuits not related to

				medical error, as described in section 939; and

									(14)perform any

				other duties for the administration of the Program as determined necessary by

				the Secretary.

									(d)Authorization

				of appropriationsThere are authorized to be appropriated, such

				sums as may be necessary for each fiscal year to carry out the activities of

				the Office.

								934.National

				patient safety database

								(a)In

				generalThe Director of the

				Office shall, in accordance with section 933(c)(6), establish a National

				Patient Safety Database that shall—

									(1)adopt standardized patient safety taxonomy

				in consultation with the Joint Commission on Accreditation of the Healthcare

				Organizations and other entities with relevant expertise;

									(2)include necessary

				elements, common and consistent definitions, and a standardized electronic

				interface for the entry and processing of the data by Program participants, as

				developed by the Director in consultation with patient safety organizations,

				health care providers, and the health information technology industry;

									(3)allow for the

				comprehensive collection and analysis of the patient safety data required to be

				submitted by all Program participants as described in section 935(e);

				and

									(4)include patient

				safety data required to be submitted by Program participants as described in

				section 935(e) as nonidentifiable patient safety work product and privileged

				and confidential in accordance with section 922.

									(b)LimitationInformation

				submitted to the Database shall be confidential and protected from disclosure

				in accordance with the regulations promulgated under section 264(c) of the

				Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2

				note).

								(c)AccessAccess

				to the patient safety data contained within the Database shall only be provided

				through application to and approval by the Director.

								935.National

				Medical Error Disclosure and Compensation (MEDic) Program

								(a)EstablishmentThe

				Secretary, acting through the Director of the Office, shall establish a

				National Medical Error Disclosure and Compensation (MEDiC) Program to provide

				for the confidential disclosure of medical errors and patient safety events in

				order to improve patient safety and health care quality, reduce rates of

				preventable medical errors, ensure patient access to fair compensation for

				medical injury due to medical error, negligence, or malpractice, and reduce the

				cost of medical liability for doctors, hospitals, health systems, and other

				health care providers.

								(b)Eligible

				participantsTo be eligible to participate in the Program an

				entity shall—

									(1)(A)be a health care

				provider as defined in section 931(2)(A);

										(B)(i)provide, in whole or

				part, medical malpractice insurance for doctors and other designated health

				care providers, including—

												(I)mutual insurance companies;

												(II)privately held or publically

				traded liability insurance companies;

												(III)self-insured hospitals;

												(IV)captive insurance companies or

				providers covered by captive insurance companies; and

												(V)risk-retention groups and any other

				alternative malpractice insurance mechanisms; or

												(ii)in the case of a Program participant

				that is a medical liability insurer, provide to all, or a subset of, the

				insured of such insurer, an opportunity to participate in the Program;

				or

											(C)be any other entity determined to be

				eligible by the Director;

										(2)designate a

				patient safety officer to ensure that the conditions of participation described

				in subsection (c) are met;

									(3)submit a

				completed application to the Office at such time, in such manner, and

				containing such information as the Director may require; and

									(4)agree to comply

				with the conditions of participation under subsection (c).

									(c)Conditions of

				participationA Program participant shall, directly or

				indirectly—

									(1)submit a

				comprehensive plan, as part of the application for participation in the

				Program, to reduce the incidence of medical errors and improve patient

				safety;

									(2)submit cost

				analysis statements, in such manner as determined by the Director, for the 2

				fiscal years prior to the year of expected entry into the Program at the time

				of application and at the end of every year of participation in the Program,

				that outline all real and projected costs and savings related to the liability

				coverage and legal defense costs of doctors and other health care

				providers;

									(3)allocate an

				amount equal to not less than 50 percent of the projected annual savings for

				the first year of participation in the Program, not less than 40 percent of the

				actual savings reported for the second year, and not less than 30 percent of

				the actual savings reported for the third and each subsequent year of

				participation to—

										(A)in the case of a

				Program participant that is a medical liability insurer, the reduction of

				medical liability premiums for doctors or other designated health care

				providers as defined in section 931; or

										(B)in the case of a

				Program participant that is a health care provider as defined in section

				931(2)(A), activities that result in the reduction of medical errors or that

				otherwise improve patient safety;

										(4)require health

				care providers included in the Program by the Program participant and as

				outlined in the Program participant application, to submit to the patient

				safety officer a report of—

										(A)any incident or

				occurrence involving a patient that is thought to either be a medical error or

				patient safety event; and

										(B)any legal action

				related to the medical liability of a health care provider;

										(5)ensure that the

				reports filed under paragraph (4) are submitted to the Database in a

				standardized format as designated by the Director;

									(6)where

				appropriate, ensure that a root cause analysis of any report submitted to the

				patient safety officer as described in paragraph (4) is performed within 90

				days of the filing of a report under such paragraph;

									(7)ensure that if a

				patient was harmed or injured as the result of a medical error, or as a result

				of the relevant standard of care not being followed, an account of the incident

				or occurrence, as described in paragraph (4)(A) shall be disclosed to the

				patient not later than 5 business days after the completion of root cause

				analysis;

									(8)disclose

				information contained in any report submitted to the patient safety officer as

				described in paragraph (4)(A) upon the request of the patient with respect to

				whom the report has been filed;

									(9)offer, at the

				time of disclosure of an incident or occurrence in which it was determined that

				a patient was harmed or injured as a result of medical error or as a result of

				the relevant standard of care not being followed, to—

										(A)negotiate

				compensation with the patient involved in accordance with subsection

				(d);

										(B)provide, at the

				discretion of the health care provider involved, an apology or expression of

				remorse; and

										(C)share, where

				practicable, any efforts the health care provider will undertake to prevent

				reoccurrence; and

										(10)prepare and

				submit entries to the Database as required by the Director of the Office and in

				accordance with subsection (e).

									(d)Negotiations

									(1)TermsIf

				at the time of the disclosure of an incident or occurrence in which it was

				determined that a patient was harmed or injured as a result of medical error or

				as a result of the relevant standard of care not being followed, a patient

				elects to enter into an agreement for negotiations with a Program participant

				as provided for in subsection (c)(9), such negotiations shall, at a minimum,

				provide for the following:

										(A)The

				confidentiality of the proceedings.

										(B)An agreement that

				any apology or expression of remorse by a doctor or other designated health

				care provider at any time during the negotiations shall be kept confidential

				and shall not be used in any subsequent legal proceedings as an admission of

				guilt if such negotiations end without an offer of compensation that is

				acceptable to both parties.

										(C)Written

				notification of a patient's right to legal counsel, which shall include an

				affirmative declaration that no coercive or otherwise inappropriate action was

				taken to dissuade a patient from utilizing counsel for the negotiations.

										(2)Neutral third

				party mediatorBoth parties may agree to the use of a neutral

				third party mediator to facilitate the negotiation of the terms of the

				settlement.

									(3)Timeframe for

				negotiationsWith respect to negotiations under paragraph (1),

				the parties shall agree that if an agreement on the terms of compensation is

				not reached within 6 months from the date of the disclosure required under

				subsection (c)(7) to the patient—

										(A)the patient may

				proceed directly to the judicial system for a resolution of the issues

				involved; or

										(B)the parties may

				sign an extension of the agreement to provide an additional 3-month negotiation

				period.

										(4)PaymentUpon

				reaching an agreement under this subsection, the Program participant shall

				provide the negotiated compensation to the patient within an agreed upon

				timeframe.

									(5)FinalityUpon

				receipt of the final payment of the accepted settlement as negotiated under

				this subsection, the patient shall agree to the final settlement of the

				incident described in the report and findings of the root cause analysis under

				subsection (c)(7), and further litigation with respect to such matter shall be

				prohibited in Federal or State court.

									(e)Submission of

				patient safety data

									(1)In

				generalAll entries into the Database shall—

										(A)contain only

				non-identifiable patient safety work product;

										(B)be in a

				standardized electronic format to be determined by the Director; and

										(C)if related to a

				single occurrence or incident, be given a common identifier to link entries of

				related data.

										(2)Reporting

				requirementsThe patient safety officer of a Program participant

				shall be required to prepare and enter into the Database—

										(A)reports,

				containing only nonidentifiable patient safety work product, filed by a health

				care provider under subsection (c)(4) and a summary of the findings of the root

				cause analysis with respect to such report within 5 business days of the

				completion of the root cause analysis;

										(B)the terms of any

				agreement reached through negotiations under subsection (d);

										(C)any awards given

				by a Program participant to a patient as compensation for harm or injury

				whether obtained through negotiations under subsection (d) or by other

				means;

										(D)any disciplinary

				actions taken against a health care provider as a result of involvement in any

				incident or occurrence involving a patient that is thought to be a medical

				error or patient safety event, or legal action for which a report under

				subsection (c)(4) was filed; or

										(E)other data as

				determined appropriate by the Director.

										(3)Privilege and

				confidentialityThe provisions of section 922 shall apply to

				patient safety data submitted under this subsection.

									936.National MEDiC

				Grant Program

								(a)In

				generalThe Director of the Office shall award grants—

									(1)to Program

				participants, to enable such participants to—

										(A)develop and

				implement communication programs to help health care providers disclose medical

				errors and other patient safety events to patients; and

										(B)procure

				information technology products, including hardware, software, and support

				services, to facilitate the reporting, collection, and analysis of patient

				safety data as required under this part; and

										(2)to patient safety

				organizations and qualified institutions or individuals, to enable the—

										(A)tracking and

				analysis of local and regional patient safety trends; and

										(B)development and

				dissemination of training guidelines and other recommendations for doctors and

				other designated health care providers that focus on methods to reduce medical

				errors and improve patient safety and quality of care.

										(b)ApplicationTo

				be eligible to receive a grant under this section, a Program participant,

				patient safety organization, or qualified institution or individuals shall

				submit to the Director of the Office an application at such time, in such

				manner, and containing such information as the Director may require.

								(c)Authorization

				of appropriations

									(1)In

				generalThere are authorized to be appropriated, such sums as may

				be necessary to carry out this section.

									(2)ReservesThe

				Secretary shall reserve 20 percent of the funds appropriated under paragraph

				(1) to provide funding to Program participants if the Secretary determines that

				the total costs of the cases handled under the Program for the year exceed the

				total costs that would have been incurred if such cases had not been handled

				under the Program.

									937.The National

				MEDiC Accountability Study

								(a)In

				generalThe Director of the Office shall conduct, directly or

				through a contract with patient safety organizations or qualified individuals

				or institutions, an analysis of the patient safety data in the Database and

				other available data to determine performance and systems standards, tools, and

				best practices (including peer-review) for doctors and other health care

				providers necessary to prevent medical errors, improve patient safety, and

				increase accountability within the health care system. Such analysis shall also

				consider the value of increasing the transparency of the patient safety data to

				include the identity of health care providers and provide recommendations for

				improvements to the peer review process.

								(b)Report and

				recommendationsNot later than 2 years after the date of

				enactment of the National MEDiC

				Act, the Director of the Office shall submit to Congress and make

				available to States, State medical boards, and the public a report that

				describes the results of the study carried out under subsection (a) and

				contains recommendations for Congress based on the findings of the

				report.

								938.Medical

				liability insurance study

								(a)In

				generalThe Director of the Office shall conduct, directly or

				through contract with patient safety organizations or qualified individuals or

				institutions, an analysis of the medical liability insurance market that

				distinguishes between types of carriers to determine historic and current legal

				costs related to medical liability, factors leading to increased legal costs

				related to medical liability, and which, if any, State medical liability

				insurance reforms have led to stabilization or reduction in medical liability

				premiums.

								(b)Report and

				recommendationsNot later than 2 years after the date of

				enactment of the National MEDiC

				Act, the Director of the Office shall submit to Congress and make

				available to the States, State insurance regulators, and the public a report

				that describes the results of the study carried out under subsection (a) and

				contains recommendations for Congress based on the findings of the

				report.

								939.Study to

				reduce the incidence of lawsuits not related to medical error

								(a)In

				generalThe Director of the Office shall conduct, directly or

				through a contract with patient safety organizations or qualified individuals

				and institutions, an analysis of the patient safety data in the Database to

				examine cases that were not successfully negotiated through the Program, or of

				which the parties (including providers and patients) chose not to participate

				in the Program and to determine the reasons, trends, and impact on the Program

				participants and patients.

								(b)Report and

				recommendations

									(1)In

				generalNot later than 5 years after the date of enactment of the

				National MEDiC Act, the

				Director of the Office shall submit to Congress and make available to the

				States, and the public a report that describes the results of the study carried

				out under subsection (a) and contains recommendations for Congress based on the

				findings of the report.

									(2)Interim

				reportsThe Director of the Office shall submit periodic interim

				reports to Congress (and make such reports available to the States and the

				public) before the submission on the report under paragraph (1) that describes

				the progress and findings made in carrying out the study under subsection

				(a).

									940.Authorization

				of appropriationsThere are

				authorized to be appropriated, such sums as may be necessary to carry out this

				part.

							.

				(b)Conforming

			 amendmentSection 921(7)(A)(i)(II) is amended by inserting

			 , including activities under section 935(e) after patient

			 safety activities.


113 HR 540 IH: Energy Efficient Government Technology Act
U.S. House of Representatives
2013-02-06
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
		1st Session
		H. R. 540
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Ms. Eshoo (for
			 herself, Mr. Rogers of Michigan,
			 Mr. Welch,
			 Mr. McKinley,
			 Mr. Tonko, and
			 Mr. Gardner) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the National Energy Conservation Policy Act and
		  the Energy Independence and Security Act of 2007 to promote energy efficiency
		  via information and computing technologies, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Energy Efficient Government Technology
			 Act.
		2.Energy-efficient and
			 energy-saving information and communications technologiesSection 543 of the National Energy
			 Conservation Policy Act (42 U.S.C. 8253) is amended—
			(1)by redesignating
			 the second subsection (f) (relating to large capital energy investments) as
			 subsection (g); and
			(2)by adding at the
			 end the following:

					(h)Federal
				Implementation Strategy for Energy-Efficient and Energy-Saving Information and
				Communications Technologies
						(1)In
				generalNot later than 1 year
				after the date of enactment of this subsection, each Federal agency shall
				collaborate with the Director of the Office of Management and Budget (referred
				to in this subsection as the Director) to develop an
				implementation strategy (including best-practices and measurement and
				verification techniques) for the maintenance, purchase, and use by the Federal
				agency of energy-efficient and energy-saving information and communications
				technologies and practices. Each implementation strategy shall be flexible,
				cost-effective, and based on the specific operating requirements and statutory
				mission of the agency.
						(2)AdministrationIn
				developing an implementation strategy, each Federal agency shall—
							(A)consider information and communications
				technologies (ICT) and related infrastructure and practices, such as—
								(i)advanced metering
				infrastructure;
								(ii)ICT services and
				products;
								(iii)efficient data center strategies and
				methods of increasing ICT asset and related infrastructure utilization;
								(iv)ICT and related infrastructure power
				management;
								(v)building information modeling, including
				building energy management; and
								(vi)secure telework and travel substitution
				tools; and
								(B)ensure that the
				agency realizes the savings and rewards brought about through increased
				efficiency and utilization.
							(3)Performance
				goals
							(A)In
				generalNot later than 180
				days after the date of enactment of this subsection, the Director, in
				consultation with the Secretary, shall establish performance goals for
				evaluating the efforts of Federal agencies in improving the maintenance,
				purchase, and use of energy-efficient and energy-saving information and
				communications technology systems and practices.
							(B)Energy efficient
				data centersThe Director
				shall include within the performance goals established under this
				paragraph—
								(i)specifications and benchmarks that will
				enable Federal data center operators to make more informed decisions about the
				energy efficiency and cost savings of data centers, including an overall
				Federal target for increased energy efficiency, with initial reliance on the
				Power Usage Effectiveness metric;
								(ii)overall ICT asset utilization and related
				infrastructure utilization; and
								(iii)recommendations and best practices for how
				the benchmarks will be attained, with such recommendations to include a
				requirement for agencies to evaluate the use of energy savings performance
				contracting as a preferred acquisition method for data center
				efficiency.
								(C)AdministrationThe
				performance goals established under this paragraph shall—
								(i)measure
				information technology costs over a specific time period of 3 to 5
				years;
								(ii)measure cost
				savings attained via the use of energy-efficient and energy-saving information
				and communications solutions during the same time period; and
								(iii)provide, to the
				maximum extent practicable, a complete picture of all costs and savings,
				including energy costs and savings.
								(4)Federal data
				centers task forceThe
				Director shall maintain a Government-wide Data Center Task Force comprised of
				Federal data center program managers, facilities managers, and sustainability
				officers. The members of such task force shall be responsible for working
				together to share progress toward individual agency goals and the overall
				Federal target for increased energy efficiency, and shall regularly exchange
				best practices and other strategic information related to energy efficiency
				with the private sector.
						(5)Reports
							(A)Agency
				reportsEach Federal agency subject to the requirements of this
				subsection shall include in the report of the agency under section 527 of the
				Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of
				the efforts and results of the agency under this subsection.
							(B)OMB Government
				efficiency reports and scorecardsEffective beginning not later
				than October 1, 2013, the Director shall include in the annual report and
				scorecard of the Director required under section 528 of the Energy Independence
				and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts and
				results of Federal agencies under this
				subsection.
							.
			3.Energy efficient
			 data centersSection 453 of
			 the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is
			 amended—
			(1)by amending subsection (c)(1) to read as
			 follows:

					(1)In
				generalNot later than 30
				days after the date of enactment of the Energy Efficient Government Technology Act,
				the Secretary and the Administrator shall designate an established information
				technology industry organization to coordinate the program described in
				subsection (b), and shall make such designation public, including on an
				appropriate website.
					;

			(2)by amending
			 subsections (e) and (f) to read as follows:

					(e)StudyThe Secretary, with assistance from the
				Administrator, shall—
						(1)not later than December 31, 2013, make
				available to the public an update to the Report to Congress on Server and Data
				Center Energy Efficiency published on August 2, 2007, under Public Law 109–431,
				providing—
							(A)a comparison and
				gap analysis of the estimates and projections contained in the original report
				with new data regarding the period from 2007 though 2012;
							(B)an analysis considering the impact of ICT
				asset and related infrastructure utilization solutions, to include
				virtualization and cloud computing-based solutions, in the public and private
				sectors; and
							(C)updated
				projections and recommendations for best practices; and
							(2)collaborate with
				the organization designated under subsection (c) in preparing such
				report.
						(f)Data center
				energy practitioner programThe Secretary, in collaboration with the
				organization designated under subsection (c) and the United States Chief
				Information Officer in the Office of Management and Budget, shall maintain a
				data center energy practitioner program that leads to the certification of
				energy practitioners qualified to evaluate the energy usage and efficiency
				opportunities in data centers. Each Federal agency shall have its data centers
				evaluated annually by energy practitioners certified pursuant to such program,
				whenever practicable using certified practitioners employed by that
				agency.
					;
			(3)by redesignating
			 subsection (g) as subsection (j); and
			(4)by inserting after
			 subsection (f) the following new subsections:

					(g)Open data
				initiativeThe Secretary, in
				collaboration with the organization designated under subsection (c) and the
				United States Chief Information Officer in the Office of Management and Budget,
				shall establish an open data initiative for Federal data center energy usage
				data, with the purpose of making such data available and accessible in a manner
				that empowers further data center innovation while protecting United States
				national security interests. In establishing this initiative, the Secretary
				shall consider use of the online Data Center Maturity Model.
					(h)International
				specifications and metricsThe Secretary, in collaboration with
				the organization designated under subsection (c), shall actively participate in
				efforts to harmonize global specifications and metrics for data center energy
				efficiency.
					(i)ICT asset
				utilization metricThe
				Secretary, in collaboration with the organization designated under subsection
				(c), shall assist in the development of an efficiency metric that measures the
				energy efficiency of the overall data center, including information technology
				systems and related
				infrastructure.
					.


114 HR 3062 RH: Assuring Private Property Rights Over Vast Access to Land Act
U.S. House of Representatives
2016-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 669
114th CONGRESS 2d Session
H. R. 3062
[Report No. 114–856, Part I]
IN THE HOUSE OF REPRESENTATIVES

July 14, 2015
Mr. Womack (for himself, Mr. Hill, Mr. Crawford, and Mr. Westerman) introduced the following bill; which was referred to the Committee on Natural Resources

December 8, 2016
Reported and referred to the  Committee on Energy and Commerce for a period ending not later than December 8, 2016, for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(f) of rule X

December 8, 2016
The  Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To prohibit the use of eminent domain in carrying out certain projects.

1.Short titleThis Act may be cited as the Assuring Private Property Rights Over Vast Access to Land Act or the APPROVAL Act.  2.Prohibition on eminent domain for certain projectsSection 1222 of the Energy Policy Act of 2005 (42 U.S.C. 16421) is amended—
(1)by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; and  (2)by inserting after subsection (c) the following:

(d)Prohibition on eminent domainNotwithstanding any other provision of law (including regulations), the Secretary, SWPA, and WAPA may not carry out any Project under this section through the use of eminent domain, unless the use of eminent domain is explicitly authorized by— (1)the Governor and the head of each applicable public utility commission or public service commission of the affected State; and
(2)the head of the governing body of each Indian tribe the land of which would be affected.  (e)Siting requirementTo the maximum extent practicable, a Project carried out under this section shall be sited on—
(1)an existing Federal right-of-way; or  (2)Federal land managed by—
(A)the Bureau of Land Management;  (B)the Forest Service;
(C)the Bureau of Reclamation; or  (D)the Corps of Engineers..

December 8, 2016
Reported and referred to the  Committee on Energy and Commerce for a period ending not later than December 8, 2016, for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(f) of rule X
December 8, 2016
The  Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


I
112th CONGRESS
2d Session
H. R. 5502
IN THE HOUSE OF REPRESENTATIVES

May 7, 2012
Mrs. Schmidt introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on mixtures of (acetato) pentammine cobalt dinitrate with a polymeric or paraffinic carrier.

1.Mixtures of (acetato) pentammine cobalt dinitrate with a polymeric or paraffinic carrier
(a)In generalHeading 9902.03.34 of the Harmonized Tariff Schedule of the United States (relating to mixtures of (acetato) pentammine cobalt dinitrate with a polymeric or paraffinic carrier) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


113 HR 3585 IH: Walter Patterson and Werner Foerster Justice and Extradition Act
U.S. House of Representatives
2013-11-21
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.

I113th CONGRESS1st SessionH. R. 3585IN THE HOUSE OF REPRESENTATIVESNovember 21, 2013Mr. Smith of New Jersey (for himself and Mr. Sires) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo direct the President to submit to Congress a report on fugitives currently residing in other countries whose extradition is sought by the United States and related matters.1.Short titleThis Act may be cited as the Walter Patterson and Werner Foerster Justice and Extradition Act.2.Findings and purpose(a)FindingsCongress finds the following:(1)Extradition is the formal surrender of a person by one state to another state for prosecution or punishment.(2)Refusal by other nations to extradite or otherwise render to the United States fugitives within their jurisdiction who have been convicted of committing crimes on United States soil impedes the judicial process and undermines the rule of law.(3)The United States has bilateral extradition treaties with more than 100 nations and an extradition agreement with the European Union.(4)The United States has bilateral extradition treaties with Portugal and Cuba.(5)The failure to bring criminal fugitives to justice in the United States is an affront to the victims of those crimes.(6)The refusal of Portugal, a close ally and good friend of the United States, to extradite George Wright, convicted of the 1962 murder of Walter Patterson, fugitive from justice since his 1970 escape from the Bayside State Prison in New Jersey, is a deplorable example of a failure to extradite, and has caused ongoing suffering and stress to Mr. Patterson’s surviving family and friends.(7)The refusal of Cuba to extradite or otherwise render Joanne Chesimard, an escaped convict who fled to Cuba after killing Werner Foerster, New Jersey State Trooper, is a deplorable example of a failure to extradite or otherwise render, and has caused ongoing suffering and stress to Mr. Foerster’s surviving family and friends.(8)The refusals to extradite George Wright and Joanne Chesimard are emblematic of a number of such refusals from other nations, such that United States policies and efforts to secure extradition and the extradition policies of countries from which the United States seeks extradition and rendition bear further examination.(9)Such examination will be promoted by the issuance of a public report on the status of extradition requests by the United States and related matters.(b)PurposeThe purpose of this Act is to provide information necessary to evaluate and thereby strengthen United States Government efforts to extradite fugitives.3.Report(a)In generalNot later than 270 days after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, the President shall submit to the appropriate congressional committees a report on—(1)the number of fugitives, and others for whom the United States Government is seeking extradition or rendition, currently residing in other countries whose extradition is sought by the United States and a list of those countries;(2)diplomatic and other efforts, if any, the United States has undertaken to secure the return of such fugitives;(3)the average length of time these cases have been outstanding;(4)how many of these cases have been resolved to the satisfaction of the United States;(5)factors that have been barriers to the resolution of these cases; and(6)information on the number of United States citizens whose extradition has been sought by other countries during the past 5 years, a list of those countries seeking extradition, and the outcomes of those requests.(b)FormThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary.(c)DefinitionIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and(2)the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.


116 S1943 IS: Help Empower Americans to Respond Act of 2019
U.S. Senate
2019-06-24
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.

II
116th CONGRESS1st Session
S. 1943
IN THE SENATE OF THE UNITED STATES

June 24, 2019
Mr. Menendez (for himself, Mrs. Feinstein, Mr. Blumenthal, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL
To regulate firearm silencers and firearm mufflers.

1.Short titleThis Act may be cited as the Help Empower Americans to Respond Act of 2019 or the HEAR Act.  2.DefinitionsSection 921(a) of title 18, United States Code, is amended—
(1)in paragraph (3), by striking (C) any firearm muffler or firearm silencer; or (D) and inserting or (C); and  (2)by inserting after paragraph (29) the following:

(30)The term qualified law enforcement officer has the meaning given the term in section 926B..  3.Restrictions on firearm silencers and firearm mufflers (a)In generalSection 922 of title 18, United States Code, is amended by inserting after subsection (u) the following:

(v)
(1)Except as provided in paragraph (2), it shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a firearm silencer or firearm muffler.  (2)Paragraph (1) shall not apply to—
(A)the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);  (B)the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on site for such purposes or off site for purposes of licensee-authorized training or transportation of nuclear materials; or
(C)the importation for, manufacture for, sale to, transfer to, or possession by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.  (3)For purposes of paragraph (2)(A), the term campus law enforcement officer means an individual who is—
(A)employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);  (B)responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;
(C)authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and  (D)recognized, commissioned, or certified by a government entity as a law enforcement officer..
(b)Seizure and forfeiture of firearm silencers and firearm mufflersSection 924(d) of title 18, United States Code, is amended— (1)in paragraph (1), by striking or (k) and inserting (k), or (v); and
(2)in paragraph (3)(E), by inserting 922(v), after 922(n),.  4.PenaltiesSection 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) and inserting (q), or (v).
5.Use of Byrne grants for buy-back programs for firearm silencers and firearm mufflers
(a)In generalSection 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following:  (I)Compensation for surrendered firearm silencers and firearm mufflers, as those terms are defined in section 921 of title 18, United States Code, under the buy-back program for firearm silencers and firearm mufflers required under section 5(b) of the Help Empower Americans to Respond Act of 2019..
(b)RequirementDuring the 90-day period described in section 6, the Attorney General shall establish and implement a buy-back program, to be carried out across the United States, to purchase firearm silencers and firearm mufflers (as defined in section 921(a) of title 18, United States Code) from individuals seeking to comply with the requirements of this Act and the amendments made by this Act.  6.Effective dateThe amendments made by sections 2, 3, and 4 shall take effect on the date that is 90 days after the date of enactment of this Act.
7.SeverabilityIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.


		I
		112th CONGRESS
		2d Session
		H. R. 6498
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Mrs. Bachmann
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend section 1932 of the Social Security Act to
		  require independent audits and actuarial services under Medicaid managed care
		  programs, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Medicaid Integrity Act of
			 2012.
		2.Independent audit
			 and actuary requirements for State Medicaid managed care programs
			(a)In
			 generalSection 1932 of the
			 Social Security Act (42 U.S.C. 1396u–2) is amended by adding at the end the
			 following:

					(i)Independent
				audit requirements
						(1)In
				generalAs a condition of
				receiving a payment under section 1903(a) with respect to expenditures under a
				contract with a managed care entity under section 1903(m), a State, acting
				through the State agency under the State plan or another State entity, shall,
				in accordance with this subsection, enter into a contract with an independent
				auditor to—
							(A)conduct audits of
				such managed care entity under such contract; and
							(B)report the results of such audits under
				paragraph (7).
							(2)Independent
				auditor definedIn this
				subsection, subject to subparagraph (B), the term independent
				auditor means, with respect to the audit of a managed care entity in a
				State for a period of time, an auditing entity that—
							(A)had no financial
				relationship with the managed care entity or an affiliate of such managed care
				entity for activities occurring during the period for which the audit is
				conducted;
							(B)has no such financial relationship with the
				managed care entity or affiliate for the period during which the audit is being
				conducted; and
							(C)with respect to the initial audits under
				paragraph (4) of a managed care entity, has not had such a financial
				relationship with the managed care entity or affiliate during the 2-year period
				ending on the date the auditing entity and State enter into a contract under
				paragraph (1).
							(3)Standards for
				audits
							(A)In
				generalThe Secretary shall set uniform standards for the audits
				required under
				paragraph (4).
							(B)Requirements for
				standardsThe standards under
				subparagraph (A) shall—
								(i)be consistent with Federal Government
				auditing standards issued by the Comptroller General of the United
				States;
								(ii)specify a uniform reporting format for the
				reporting of such audits under
				paragraph (7); and
								(iii)require that any
				report for an audit required under
				paragraph (7) include a certification by a
				certified public accountant.
								(4)Types of audits
				and information required
							(A)In
				generalThe independent auditor contracting with a State under
				paragraph (1) shall conduct and complete,
				for each managed care entity with a contract under section 1903(m) in such
				State the following:
								(i)A
				biannual financial audit described in
				paragraph (5).
								(ii)A
				biannual performance-compliance audit described in
				paragraph (6).
								(B)Timing of
				audits
								(i)Initial,
				staggered auditsFor the purpose of establishing baseline data,
				with respect to each managed care entity with a contract under section 1903(m)
				with a State, the State shall complete—
									(I)an initial audit
				under
				subparagraph (A)(i) not later than 6
				months after the date of enactment of the Medicaid Integrity Act of 2012;
				and
									(II)an initial audit under
				subparagraph (A)(ii) not later than
				18 months after such date.
									The initial
				audit of an entity under
				subparagraph (A)(ii) shall be
				completed approximately 1 year after the initial audit of the entity under
				subparagraph (A)(i).(ii)Subsequent,
				staggered auditsSubsequent audits under each such subparagraph
				shall be completed every two years.
								(C)Period covered
				by audit
								(i)In
				generalEach audit under this paragraph shall cover a
				2-calendar-year period.
								(ii)Initial
				financial auditThe first
				biennial financial audit under subparagraph (A)(i) shall cover the
				2-calendar-year period that ends on the last day of the calendar year that ends
				6 months before the deadline for completion of such initial audit under
				(B)(i)(I).
								(iii)Initial
				performance-compliance auditThe first biennial performance-compliance
				audit under subparagraph (A)(ii) shall cover the 2-calendar-year period that
				ends on the last day of the calendar year that ends 6 months before the
				deadline for completion of such initial audit under (B)(i)(II).
								(5)Biannual
				financial auditA biannual
				financial audit under
				paragraph (4)(A)(i), with respect to
				a managed care entity with a contract under section 1903(m) in a State, is an
				audit of the finances of the managed care entity relating to such contract.
				Each such audit shall include an audit of at least the following
				information:
							(A)Expenses and
				revenuesWith respect to services provided under such contract,
				the managed care entity’s—
								(i)administrative
				expenses;
								(ii)revenues,
				including investment income; and
								(iii)payments made by
				the managed care entity for nonadministrative services.
								(B)Claims and
				encounter dataSubject to
				paragraph (7)(C)—
								(i)claims data
				related to services provided by such managed care entity under such contract;
				and
								(ii)encounter data that relate to such services
				and support such claims.
								(C)Expenditures on
				patient servicesWith respect
				to services provided under such contract, the managed care entity’s payments to
				health care providers, that have been issued a national provider identifier
				under title XI, for items and services furnished on behalf of beneficiaries
				based on the claims and encounter data described in
				subparagraph (B).
							(D)Provider payment
				ratio
								(i)In
				generalThe ratio of the payments to health care providers
				described in
				subparagraph (C) to the aggregate
				payments to the managed care entity under the contract.
								(ii)ConstructionThe ratio under
				clause (i) is not a medical loss
				ratio and is not comparable to a medical loss ratio.
								(E)Provider payment
				rates and methodologiesSubject to
				paragraph (7)(C)(ii), the managed
				care entity’s payment rates and payment methodology for health care services
				under such contract, by provider type or service category, including a
				description of—
								(i)alternative
				payment arrangements between the managed care entity and providers; and
								(ii)payments made by
				the managed care entity to providers that are separate from claims for services
				provided.
								(F)Identification
				of administrative vendorsWith respect to services provided under
				such contract, identification of providers and vendors for administrative
				services under contract with the managed care entity.
							(G)Reserve fund
				contributionsContributions that the managed care entity has made
				to its reserve fund under such contract.
							(H)ReinsuranceData
				on the amount of reinsurance or transfer of risk that the managed care entity
				has obtained with respect to the risk assumed by such entity under such
				contract.
							(I)Charitable
				contributions and donationsContributions and donations that the
				managed care entity has made to government or non-profit entities, the identity
				of such government or non-profit entities, and the amount of the contributions
				and donations made to each such entity.
							(6)Biannual
				performance-compliance auditA biannual audit under this
				paragraph (4)(A)(ii), with respect
				to a managed care entity with a contract under section 1903(m) in a State, is
				an audit of the performance of such managed care entity under such contract
				(including with respect to the performance of risk assessment under the
				contract) and the compliance of such managed care entity, during the period
				covered by the audit, with—
							(A)the terms of the
				contract; and
							(B)applicable State
				and Federal laws, regulations, and guidance, including provisions of such laws,
				regulations, and guidance related to allowable costs under such
				contracts.
							(7)Reporting and
				public availability of audit results
							(A)Notice and
				opportunity for comment
								(i)In
				generalWith respect to an audit of a managed care entity
				conducted by an independent auditor under this subsection, such auditor
				shall—
									(I)submit a report on
				the results of the audit to the managed care entity; and
									(II)provide the
				managed care entity with the opportunity to submit comments on such audit to
				the auditor during a 30-day period.
									(ii)Review of
				comments and revision of reportThe independent auditor shall
				review the comments submitted under clause (i)(II) and may revise such report
				based on such comments.
								(B)Public
				report
								(i)In
				generalNot later than 45 days after the end of the 30-day
				comment period provided under subparagraph (A)(i)(II), the independent auditor
				shall submit to the Secretary, the State, and the managed care entity a report
				containing the results of such audit (including, in the case of an annual
				financial audit under
				paragraph (4)(A)(i), the information
				described in paragraph (5)(D)), any comments received under subparagraph
				(A)(i)(II), and an executive summary of the audit report. The Secretary for
				good cause may extend by not more than 30 days the deadline for submitting a
				report under the previous sentence.
								(ii)Posting on
				public web siteSubject to subparagraph (C), not later than 30
				days after the date that the State receives a report under clause (i), the
				State shall post such report (including the executive summary of the report) on
				a Web site maintained by the State in connection with administration of this
				title and available to the public.
								(C)Privacy and
				confidentiality protection
								(i)Patient
				protectionsNothing in this
				subsection shall be construed as modifying the application of the HIPAA privacy
				regulations (as defined in section 1180(b)(3)).
								(ii)Protection of
				certain proprietary informationNothing in this subsection shall be
				construed as authorizing the public disclosure of the payment rates that a
				managed care entity uses to pay any health care provider or the methodology
				that the managed care entity uses to develop such rates.
								(iii)Protection of
				encounter dataSubject to
				clause (i), an independent auditor,
				when submitting a report under
				subparagraph (A), may submit encounter
				data to a State. An independent auditor, or a State, shall not submit to the
				Federal Government any encounter data that are collected for purposes of the
				audits under this subsection.
								(D)Withholding of
				payment for failure to report
								(i)In
				generalIf a report required
				under this paragraph is not submitted to the Secretary as required under
				subparagraph (B)(i) by an independent auditor with respect to a managed care
				entity in a State, the Secretary shall withhold, by the withholding percentage
				under clause (ii), the payment to the State under section 1903(a) for
				expenditures under a contract under section 1903(m) for the managed care entity
				for the period during which the report is due but not submitted.
								(ii)Withholding
				percentageThe withholding percentage specified in this clause
				is—
									(I)5 percentage
				points; plus
									(II)if the failure to
				report continued beyond 30 days after the date on which such report was due
				under
				subparagraph (B)(i), 5 additional
				percentage points for each subsequent 30-day period until such report is
				submitted.
									(iii)Restoration of
				paymentAny amounts withheld under this subparagraph due to the
				failure to submit a report shall be paid to a State not later than 10 days
				after the date such report is submitted.
								(8)Response to
				deficiencies
							(A)ReportIf a report submitted under
				paragraph (7) indicates a deficiency with
				respect to the financial reporting, performance, or compliance (as applicable)
				with respect to a managed care entity with a contract under section 1903(m)
				with a State, not later than 30 days after the date of submission of such
				report the State shall submit to the Secretary (and post on the Web site
				referred to in
				paragraph (7)(B)(ii)) documentation
				of any action that the State has taken or intends to take in response to a
				reported deficiency. Such documentation shall include documentation of any of
				the following:
								(i)Adjustments to the
				terms of new or renewed contracts with such managed care entity.
								(ii)A
				corrective action plan entered into by the managed care entity with such
				State.
								(iii)Any intermediate sanction under subsection
				(e) against the managed care entity.
								(iv)Termination of
				the contract with the managed care entity.
								(B)OIG report to
				CongressThe Secretary, acting through the Inspector General in
				the Department of Health and Human Services, shall annually submit to Congress
				and make available to the public a report on the audits conducted under this
				subsection and the responses of States to reports of deficiencies in such
				audits. Such report shall contain such recommendations for changes in law or
				regulation as may be appropriate to ensure the prudent expenditure of funds for
				items and services furnished through managed care entities.
							(9)Access to
				information required under contract; sanctions for misrepresentation or
				falsification of records
							(A)AccessIf
				a State enters into or renews a contract under section 1903(m) after the date
				of the enactment of the Medicaid Integrity
				Act of 2012, such contract shall provide that the managed care
				entity, as a condition of receiving payment under such contract, shall provide
				the independent auditor with access to all information necessary for purposes
				of the audits under
				paragraph (4).
							(B)Sanctions for
				misrepresentation or falsificationThe misrepresentation or
				falsification of information that is furnished for purposes of such an audit
				shall be subject to a civil monetary penalty under subparagraph (B)(i) of
				section 1903(m)(5) in the same manner as a misrepresentation or falsification
				described in subparagraph (A)(iv)(I) of such section.
							(10)Application to
				waiver StatesIn the case of
				any State which is providing medical assistance to its residents under a waiver
				granted under section 1115, the Secretary shall require the State to meet the
				requirements of this subsection and subsection (j) in the same manner as the
				State would be required to meet such requirement if the State had in effect a
				plan approved under this title.
						(11)Reducing
				duplicate auditsNotwithstanding any other provision of this
				title, insofar as the Secretary determines that the performance of an audit
				under this subsection duplicates the performance of an audit required under
				another provision of this title, the completion of the audit under this
				subsection shall satisfy such requirement.
						(12)Reservation of
				State powersNothing in this subsection shall be construed to
				limit the power of a State, including the power of a State to pursue civil and
				criminal penalties under State law against any individual or entity that
				misuses, or engages in fraud or abuse related to, the funds provided to a State
				under this title.
						(13)ConstructionNothing
				in this subsection shall be construed to prevent the Secretary from taking any
				action, including disallowances of payment, with respect to violations of this
				title related to a contract with a managed care entity.
						(14)Definitions
							(A)Affiliate of the
				managed care entityFor
				purposes of this subsection and subsection (j), the term affiliate of the
				managed care entity means an entity that, to a significant extent, is
				associated or affiliated with, or has control of or is controlled by, the
				managed care entity or that is related to such managed care entity by common
				ownership. For purposes of this definition—
								(i)common ownership
				exists if an individual or individuals possess significant ownership or equity
				in the managed care entity and the affiliate of the managed care entity;
				and
								(ii)control exists if an entity has the power,
				directly or indirectly, to significantly influence or direct the actions or
				policies of another entity.
								(B)Contract
				yearFor purposes of this
				subsection, the term contract year means, with respect to a
				managed care entity and a State, the 12-month period that begins on the
				effective date of a contract under section 1903(m) between the managed care
				entity and the State, and each subsequent 12-month period while such contract
				is
				effective.
							.
			(b)Independent
			 actuarySection 1932 of the Social Security Act (42 U.S.C.
			 1396u–2), as amended by section 2, is further amended by adding at the end the
			 following:

					(j)Independent
				actuaryAs a condition of
				receiving a payment under section 1903(a) with respect to expenditures under a
				contract between a State and a managed care entity under section 1903(m), a
				State may not enter into an agreement with an entity (referred to in this
				subsection as an actuary) to provide actuarial services related to
				the State’s administration of such contract unless the following requirements
				are met:
						(1)No actuarial
				services or financial relationship for contract periodThe actuary has not provided actuarial
				services to the managed care entity for, or otherwise had any financial
				relationship with the managed care entity during, any period of the contract
				(between such managed care entity and the State) with respect to which the
				actuarial services under the agreement (between the actuary and the State) are
				to be provided.
						(2)No financial
				relationship during term of agreement with StateThe actuary
				agrees not to have such a financial relationship with the managed care entity
				or affiliate during any part of the period of the agreement (between the State
				and the actuary).
						(3)Special rule for
				first contract yearFor the
				first contract year in which this subsection applies, the actuary has not had
				such a financial relationship with the managed care entity or affiliate during
				the 2-year period ending on the date the actuary and State enter into an
				agreement subject to this
				subsection.
						.
			(c)Transitional
			 financial incentives to StatesSection 1903(a)(3) of the Social Security
			 Act (42 U.S.C. 1396b(a)(3)) is amended by inserting after subparagraph (F) the
			 following:

					(G)75 percent of so much of the sums expended
				as are attributable to expenditures for the first 3 biannual financial audits
				conducted under section 1932(i)(4)(A)(i) after the date of enactment of the
				Medicaid Integrity Act of 2012, and for the first 2 biannual
				performance-compliance audits conducted under section 1932(i)(4)(A)(ii) after
				such date;
				plus
					.


113 HR 3439 IH: New Markets Tax Credit Military Installation Act of 2013
U.S. House of Representatives
2013-10-30
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.

I113th CONGRESS1st SessionH. R. 3439IN THE HOUSE OF REPRESENTATIVESOctober 30, 2013Mr. Thompson of California (for himself and Mr. Hall) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for the permanent application of the new markets tax credit for the redevelopment of communities impacted by realignment or closure of military installations.1.Short titleThis Act may be cited as the New Markets Tax Credit Military Installation Act of 2013 or the NMTC Military Installation Act.2.FindingsCongress finds the following:(1)Since 1988, through 5 separate rounds of the Base Realignment and Closure process, more than 300 military installations located in 48 States and 3 United States territories have had their missions eliminated or realigned.(2)120 of these former installations were major base closures, resulting in the loss of 300 or more military and civilian jobs at each closure. While these communities received Federal support in the 1990s, there are currently no Federal programs to support the physical redevelopment at closed or realigned installations.(3)Despite local active efforts to promote redevelopment, nearly 100 of these closed or realigned military installations are located in economically distressed communities now suffering from high unemployment and disproportionately high poverty rates as determined by the Department of the Treasury.(4)More than 20 of these former installations are located in even harder hit severely distressed communities as defined by the Department of the Treasury.(5)One example is the City of Vallejo, California, which in 2008 filed for bankruptcy protection due in part to closure of the Mare Island Naval Shipyard and the accompanying loss of almost 10,000 jobs.(6)When a military base is closed, the Department of Defense is required to complete any necessary environmental cleanup at the former base and then transition the property to a Local Redevelopment Authority, usually a local government. Together, the Department of Defense Office of Economic Adjustment and the Local Redevelopment Authority create a redevelopment plan for the property. The goal of this process is to lead to a timely, beneficial, revenue generating reuse of these former military bases.(7)However, numerous former military installations have taken much longer and cost much more than expected to clean up, thereby significantly delaying reuse and causing many of these communities to become or remain economically distressed.(8)In 2000, the New Markets Tax Credit (NMTC) program was created to spur private sector investment in low-income communities suffering from chronic unemployment and high poverty rates by providing investors with a 7-year, 39-percent Federal income tax credit for investments made through investment vehicles known as Community Development Entities. According to the Department of the Treasury, every $1 of foregone tax revenues under the NMTC program leverages about $12 of private investment in distressed communities on a cost basis.(9)Recently, the community in Brunswick, Maine, has been successfully redeveloping the former Naval Air Station located there, by using among other tools the NMTC. In particular, the NMTC was used to build a new, $15 million, 80,000 square foot manufacturing facility operated by Swedish medical supply maker Molnlycke Health Care. A second NMTC was used to make $20 million in renovations of facilities now operated by aircraft manufacturer Kestrel Aeroworks. This latter project could have been 3 times as large had additional NMTC funds been available. These two projects alone will bring over 200 high-tech, high-wage jobs among other significant economic benefits to this economically distressed former military community.(10)Communities surrounding these former military installations still face the difficult challenges of economic redevelopment resulting from the loss of the Federal workforce and the supporting infrastructure associated with the former military missions located there. Focusing part of the successful NMTC to help these communities that are still struggling after the military exodus will help facilitate the economic redevelopment that these distressed communities need.3.Permanent application of new markets tax credit limitation with respect to communities impacted by realignment or closure of military installations(a)In generalSubsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(4)Special rule for allocation of limitation for redevelopment of communities impacted by realignment or closure of military installations(A)In generalNotwithstanding paragraph (1), for calendar year 2014 (and each calendar year thereafter) the Secretary shall allocate $100,000,000 in new markets tax credit limitation among qualified development entities selected by the Secretary to make qualified low-income community investments within the former boundaries of military installations realigned or closed pursuant to a base closure law (as defined in section 101(a)(17) of title 10, United States Code).(B)Qualified development entity mission requirementA qualified community development entity shall be eligible for an allocation under subparagraph (A) only if a significant mission of such entity is the redevelopment of such a military installation.(C)Carryover of unused limitationIf the new markets tax credit limitation for any calendar year exceeds the aggregate amount allocated under subparagraph (A) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess..(b)Effective dateThe amendments made by this section shall apply to allocations after December 31, 2013.


115 HR 7335 IH: Fairness and Opportunities for Married Households With Student Loans Act
U.S. House of Representatives
2018-12-19
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. 7335IN THE HOUSE OF REPRESENTATIVESDecember 19, 2018Mr. Danny K. Davis of Illinois introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to increase the amount allowed as a deduction for
			 interest on education loans paid by married couples.

 1.Short titleThis Act may be cited as the Fairness and Opportunities for Married Households With Student Loans Act. 2.Increase in deduction for interest on education loans paid by married couples (a)In generalSection 221(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ($5,000 in the case of a joint return) after $2,500.
 (b)Effective dateThe amendment made by subsection (a) shall apply to amounts paid in taxable years beginning after the date of the enactment of this Act.


116 SRES 472 ATS: Commending the Louisiana State University Tigers football team for winning the 2020 College Football Playoff National Championship.
U.S. Senate
2020-01-15
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.

III116th CONGRESS2d SessionS. RES. 472IN THE SENATE OF THE UNITED STATESJanuary 15, 2020Mr. Cassidy submitted the following resolution; which was considered and agreed toRESOLUTIONCommending the Louisiana State University Tigers football team for winning the 2020 College
			 Football Playoff National Championship.

 Whereas, on Monday, January 13, 2020, the Louisiana State University Tigers football team (referred to in this preamble as the Louisiana State University Fighting Tigers) won the 2020 College Football Playoff National Championship (referred to in this preamble as the National Championship) with a 42 to 25 victory over the third-ranked Clemson University Tigers at the Mercedes-Benz Superdome in New Orleans, Louisiana;
 Whereas that victory is the first college football national championship that the Louisiana State University Fighting Tigers have won since the 2007 season;
 Whereas the Louisiana State University Fighting Tigers completed an undefeated season for the first time since 1958, finishing the 2019 season with 15 wins and 0 loses;
 Whereas the Louisiana State University Fighting Tigers finished the National Championship game with 628 yards of total offense;
 Whereas, with the National Championship victory, quarterback and 2019 Heisman Trophy Winner Joe Burrow capped off one of the greatest seasons for a player in college football history;
 Whereas Patrick Queen was named the defensive Most Valuable Player of the National Championship game;
 Whereas Joe Burrow was named the offensive Most Valuable Player of the National Championship game; Whereas wide receiver Justin Jefferson from Destrehan, Louisiana, rated as a three star player while being recruited out of high school, has shown that he is one of the best wide receivers in college football;
 Whereas safety Grant Delpit won the Thorpe Award, which recognizes the best defensive back in college football;
 Whereas, with 1,780 receiving yards, Ja’Marr Chase set a new Louisiana State University record for receiving yards;
 Whereas running back Clyde Edwards-Helaire from Baton Rouge, Louisiana, made big plays throughout the entire 2019 season, including in the National Championship game;
 Whereas the Louisiana State University Fighting Tigers offensive line won the Joe Moore Award as the best offensive line unit in college football;
 Whereas head coach of the Louisiana State University Fighting Tigers and Larose, Louisiana, native Ed Orgeron has shown incredible leadership throughout his time at Louisiana State University;
 Whereas the Louisiana State University Fighting Tigers showed incredible sportsmanship and teamwork throughout the entire 2019 season; and
 Whereas the Louisiana State University Fighting Tigers have made the people of Louisiana proud: Now, therefore, be it

 That the Senate— (1)commends the Louisiana State University Tigers football team (referred to in this resolution as the Louisiana State University Fighting Tigers) for winning the 2020 College Football Playoff National Championship;
 (2)recognizes the many achievements of the coaches, players, and staff of the Louisiana State University Fighting Tigers;
 (3)recognizes the fans of the Louisiana State University Fighting Tigers and the people of Louisiana for their dedication and support; and
 (4)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to—
 (A)the head coach of the Louisiana State University Fighting Tigers, Ed Orgeron; (B)the interim President of Louisiana State University, Tom Galligan; and
 (C)the Athletic Director of Louisiana State University, Scott Woodward.


110 HR 269 IH: To amend title 10, United States Code, to direct the

U.S. House of Representatives
2007-01-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 269
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2007
			Mr. Boren (for
			 himself, Mr. Boustany,
			 Mr. Skelton, and
			 Mr. Taylor) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To amend title 10, United States Code, to direct the
		  Secretary of Defense to prohibit the unauthorized use of names and images of
		  members of the Armed Forces.

		1.Short titleThis Act may be cited as the Soldiers
			 Targeted by Offensive Profiteering Act of 2007 (STOP Act).
		2.Prohibition on
			 the unauthorized use of names and images of members of the Armed
			 Forces
			(a)ProhibitionChapter
			 49 of title 10, United States Code, is amended by adding at the end the
			 following new section:

					988.Unauthorized
				use of names and images of members of the armed forces
						(a)ProhibitionExcept with the permission of the
				individual or individuals designated under subsection (d), no person may
				knowingly use the name or image of a protected individual in connection with
				any merchandise, retail product, impersonation, solicitation, or commercial
				activity in a manner reasonably calculated to connect the protected individual
				with that individual’s service in the armed forces.
						(b)Authority to
				enjoin violationsWhenever it
				appears to the Attorney General that any person is engaged or is about to
				engage in an act or practice which constitutes or will constitute conduct
				prohibited by subsection (a), the Attorney General may initiate a civil
				proceeding in a district court of the United States to enjoin such act or
				practice. Such court shall proceed as soon as practicable to the hearing and
				determination of such action and may, at any time before final determination,
				enter such restraining orders or prohibitions, or take such other actions as is
				warranted, to prevent injury to the United States or to any person or class of
				persons for whose protection the action is brought.
						(c)Protected
				individualFor purposes of this section, a protected individual
				is any person who—
							(1)is a member of the
				armed forces; or
							(2)was a member of the
				armed forces at any time after April 5, 1917, and, if not living, has a
				surviving spouse, child, parent, grandparent, or sibling.
							(d)Designated
				individual or individuals(1)The individual or
				individuals designated under this subsection, with respect to a protected
				individual—
								(A)is the protected individual, if
				living; and
								(B)otherwise is the living survivor or
				survivors of the protected individual highest on the following list:
									(i)The surviving spouse.
									(ii)The children.
									(iii)The parents.
									(iv)The grandparents.
									(v)The siblings.
									(2)In the case of a protected individual
				for whom more than one individual is designated under clause (ii), (iii), (iv),
				or (v) of paragraph (1)(B), the prohibition under subsection (a) shall apply
				unless permission is obtained from each designated
				individual.
							.
			(b)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by adding at the end the following new item:

						988. Unauthorized use of names and images
				of members of the armed
				forces.

					.


		I
		112th CONGRESS
		2d Session
		H. R. 5950
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2012
			Mr. Burgess
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend the FAA Modernization and Reform Act of 2012 to
		  establish prohibitions to prevent the use of unmanned aircraft systems as
		  weapons while operating in the national airspace system, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 No Armed Drones Act of 2012 or the
			 NADA Act of 2012.
		2.Unmanned aircraft
			 systems
			(a)In
			 generalSubtitle B of title
			 III of the FAA Modernization and Reform Act of 2012 (126 Stat. 72 et seq.) is
			 amended by adding at the end the following:

					337.Prohibitions to
				prevent use of unmanned aircraft systems as weapons while operating in national
				airspace system
						(a)ProhibitionsThe Secretary of Transportation may not
				authorize a person—
							(1)to operate an
				unmanned aircraft system in the national airspace system for the purpose, in
				whole or in part, of using the unmanned aircraft system as a weapon or to
				deliver a weapon against a person or property; or
							(2)to manufacture,
				sell, or distribute an unmanned aircraft system, or a component thereof, for
				use in the national airspace system as a weapon or to deliver a weapon against
				a person or property.
							(b)DefinitionsIn
				this section, the following definitions apply:
							(1)PersonThe
				term person has the meaning given that term in section 40102(a) of
				title 49, United States Code.
							(2)WeaponThe term weapon includes
				lethal and nonlethal
				weapons.
							.
			(b)Clerical
			 amendmentThe table of contents contained in section 1(b) of such
			 Act is amended by inserting after the item relating to section 336 the
			 following:

						Sec. 337. Prohibitions to prevent use of
				unmanned aircraft systems as weapons while operating in national airspace
				system.

					.