		II
		112th CONGRESS
		1st Session
		S. 1099
		IN THE SENATE OF THE UNITED STATES

			May 26, 2011
			Mr. Blunt (for himself
			 and Mr. Kirk) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To improve patient access to health care services and
		  provide improved medical care by reducing the excessive burden the liability
		  system places on the health care delivery system.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Help Efficient, Accessible,
			 Low-cost, Timely Healthcare (HEALTH) Act of 2011.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings and purpose.
					Sec. 3. Encouraging speedy resolution of claims.
					Sec. 4. Compensating patient injury.
					Sec. 5. Maximizing patient recovery.
					Sec. 6. Additional HEALTH benefits.
					Sec. 7. Punitive damages.
					Sec. 8. Authorization of payment of future damages to claimants
				in HEALTH care lawsuits.
					Sec. 9. Definitions.
					Sec. 10. Effect on other laws.
					Sec. 11. State flexibility and protection of States’
				rights.
					Sec. 12. Applicability; effective date.

			2.Findings and
			 purpose
			(a)Findings
				(1)Effect on health
			 care access and costsCongress finds that our current civil
			 justice system is adversely affecting patient access to health care services,
			 better patient care, and cost-efficient health care, in that the health care
			 liability system is a costly and ineffective mechanism for resolving claims of
			 health care liability and compensating injured patients, and is a deterrent to
			 the sharing of information among health care professionals which impedes
			 efforts to improve patient safety and quality of care.
				(2)Effect on
			 interstate commerceCongress finds that the health care liability
			 litigation systems existing throughout the United States are activities that
			 affect interstate commerce by contributing to the high costs of health care and
			 premiums for health care liability insurance purchased by health care system
			 providers.
				(3)Effect on
			 federal spendingCongress finds that the health care liability
			 litigation systems existing throughout the United States have a significant
			 effect on the amount, distribution, and use of Federal funds because of—
					(A)the large number
			 of individuals who receive health care benefits under programs operated or
			 financed by the Federal Government;
					(B)the large number
			 of individuals who benefit because of the exclusion from Federal taxes of the
			 amounts spent to provide them with health insurance benefits; and
					(C)the large number
			 of health care providers who provide items or services for which the Federal
			 Government makes payments.
					(b)PurposeIt
			 is the purpose of this Act to implement reasonable, comprehensive, and
			 effective health care liability reforms designed to—
				(1)improve the
			 availability of health care services in cases in which health care liability
			 actions have been shown to be a factor in the decreased availability of
			 services;
				(2)reduce the
			 incidence of defensive medicine and lower the cost of health
			 care liability insurance, all of which contribute to the escalation of health
			 care costs;
				(3)ensure that
			 persons with meritorious health care injury claims receive fair and adequate
			 compensation, including reasonable noneconomic damages;
				(4)improve the
			 fairness and cost-effectiveness of our current health care liability system to
			 resolve disputes over, and provide compensation for, health care liability by
			 reducing uncertainty in the amount of compensation provided to injured
			 individuals; and
				(5)provide an
			 increased sharing of information in the health care system which will reduce
			 unintended injury and improve patient care.
				3.Encouraging
			 speedy resolution of claimsThe time for the commencement of a health
			 care lawsuit shall be 3 years after the date of manifestation of injury or 1
			 year after the claimant discovers, or through the use of reasonable diligence
			 should have discovered, the injury, whichever occurs first. In no event shall
			 the time for commencement of a health care lawsuit exceed 3 years after the
			 date of manifestation of injury unless tolled for any of the following—
			(1)upon proof of
			 fraud;
			(2)intentional
			 concealment; or
			(3)the presence of a
			 foreign body, which has no therapeutic or diagnostic purpose or effect, in the
			 person of the injured person.
			Actions by a
			 minor shall be commenced within 3 years from the date of the alleged
			 manifestation of injury except that actions by a minor under the full age of 6
			 years shall be commenced within 3 years of manifestation of injury or prior to
			 the minor’s 8th birthday, whichever provides a longer period. Such time
			 limitation shall be tolled for minors for any period during which a parent or
			 guardian and a health care provider or health care organization have committed
			 fraud or collusion in the failure to bring an action on behalf of the injured
			 minor.4.Compensating
			 patient injury
			(a)Unlimited Amount
			 of Damages for Actual Economic Losses in Health Care LawsuitsIn
			 any health care lawsuit, nothing in this Act shall limit a claimant’s recovery
			 of the full amount of the available economic damages, notwithstanding the
			 limitation in
			 subsection (b).
			(b)Additional
			 Noneconomic DamagesIn any health care lawsuit, the amount of
			 noneconomic damages, if available, may be as much as $250,000, regardless of
			 the number of parties against whom the action is brought or the number of
			 separate claims or actions brought with respect to the same injury.
			(c)No Discount of
			 Award for Noneconomic DamagesFor purposes of applying the
			 limitation in
			 subsection (b), future noneconomic damages
			 shall not be discounted to present value. The jury shall not be informed about
			 the maximum award for noneconomic damages. An award for noneconomic damages in
			 excess of $250,000 shall be reduced either before the entry of judgment, or by
			 amendment of the judgment after entry of judgment, and such reduction shall be
			 made before accounting for any other reduction in damages required by law. If
			 separate awards are rendered for past and future noneconomic damages and the
			 combined awards exceed $250,000, the future noneconomic damages shall be
			 reduced first.
			(d)Fair Share
			 RuleIn any health care lawsuit, each party shall be liable for
			 that party’s several share of any damages only and not for the share of any
			 other person. Each party shall be liable only for the amount of damages
			 allocated to such party in direct proportion to such party’s percentage of
			 responsibility. Whenever a judgment of liability is rendered as to any party, a
			 separate judgment shall be rendered against each such party for the amount
			 allocated to such party. For purposes of this section, the trier of fact shall
			 determine the proportion of responsibility of each party for the claimant’s
			 harm.
			5.Maximizing
			 patient recovery
			(a)Court
			 Supervision of Share of Damages Actually Paid to ClaimantsIn any
			 health care lawsuit, the court shall supervise the arrangements for payment of
			 damages to protect against conflicts of interest that may have the effect of
			 reducing the amount of damages awarded that are actually paid to claimants. In
			 particular, in any health care lawsuit in which the attorney for a party claims
			 a financial stake in the outcome by virtue of a contingent fee, the court shall
			 have the power to restrict the payment of a claimant’s damage recovery to such
			 attorney, and to redirect such damages to the claimant based upon the interests
			 of justice and principles of equity. In no event shall the total of all
			 contingent fees for representing all claimants in a health care lawsuit exceed
			 the following limits:
				(1)Forty percent of
			 the first $50,000 recovered by the claimant(s).
				(2)Thirty-three and
			 one-third percent of the next $50,000 recovered by the claimant(s).
				(3)Twenty-five
			 percent of the next $500,000 recovered by the claimant(s).
				(4)Fifteen percent of
			 any amount by which the recovery by the claimant(s) is in excess of
			 $600,000.
				(b)ApplicabilityThe
			 limitations in this section shall apply whether the recovery is by judgment,
			 settlement, mediation, arbitration, or any other form of alternative dispute
			 resolution. In a health care lawsuit involving a minor or incompetent person, a
			 court retains the authority to authorize or approve a fee that is less than the
			 maximum permitted under this section. The requirement for court supervision in
			 the first two sentences of
			 subsection (a) applies only in civil
			 actions.
			6.Additional HEALTH
			 benefitsIn any health care
			 lawsuit involving injury or wrongful death, any party may introduce evidence of
			 collateral source benefits. If a party elects to introduce such evidence, any
			 opposing party may introduce evidence of any amount paid or contributed or
			 reasonably likely to be paid or contributed in the future by or on behalf of
			 the opposing party to secure the right to such collateral source benefits. No
			 provider of collateral source benefits shall recover any amount against the
			 claimant or receive any lien or credit against the claimant’s recovery or be
			 equitably or legally subrogated to the right of the claimant in a health care
			 lawsuit involving injury or wrongful death. This section shall apply to any
			 health care lawsuit that is settled as well as a health care lawsuit that is
			 resolved by a fact finder. This section shall not apply to section 1862(b) (42
			 U.S.C. 1395y(b)) or section 1902(a)(25) (42 U.S.C. 1396a(a)(25)) of the
			 Social Security Act.
		7.Punitive
			 damages
			(a)In
			 GeneralPunitive damages may, if otherwise permitted by
			 applicable State or Federal law, be awarded against any person in a health care
			 lawsuit only if it is proven by clear and convincing evidence that such person
			 acted with malicious intent to injure the claimant, or that such person
			 deliberately failed to avoid unnecessary injury that such person knew the
			 claimant was substantially certain to suffer. In any health care lawsuit where
			 no judgment for compensatory damages is rendered against such person, no
			 punitive damages may be awarded with respect to the claim in such lawsuit. No
			 demand for punitive damages shall be included in a health care lawsuit as
			 initially filed. A court may allow a claimant to file an amended pleading for
			 punitive damages only upon a motion by the claimant and after a finding by the
			 court, upon review of supporting and opposing affidavits or after a hearing,
			 after weighing the evidence, that the claimant has established by a substantial
			 probability that the claimant will prevail on the claim for punitive damages.
			 At the request of any party in a health care lawsuit, the trier of fact shall
			 consider in a separate proceeding—
				(1)whether punitive
			 damages are to be awarded and the amount of such award; and
				(2)the amount of
			 punitive damages following a determination of punitive liability.
				If a
			 separate proceeding is requested, evidence relevant only to the claim for
			 punitive damages, as determined by applicable State law, shall be inadmissible
			 in any proceeding to determine whether compensatory damages are to be
			 awarded.(b)Determining
			 Amount of Punitive Damages
				(1)Factors
			 consideredIn determining the amount of punitive damages, if
			 awarded, in a health care lawsuit, the trier of fact shall consider only the
			 following—
					(A)the severity of
			 the harm caused by the conduct of such party;
					(B)the duration of
			 the conduct or any concealment of it by such party;
					(C)the profitability
			 of the conduct to such party;
					(D)the number of
			 products sold or medical procedures rendered for compensation, as the case may
			 be, by such party, of the kind causing the harm complained of by the
			 claimant;
					(E)any criminal
			 penalties imposed on such party, as a result of the conduct complained of by
			 the claimant; and
					(F)the amount of any
			 civil fines assessed against such party as a result of the conduct complained
			 of by the claimant.
					(2)Maximum
			 awardThe amount of punitive damages, if awarded, in a health
			 care lawsuit may be as much as $250,000 or as much as two times the amount of
			 economic damages awarded, whichever is greater. The jury shall not be informed
			 of this limitation.
				(c)No Punitive
			 Damages for Products That Comply With FDA Standards
				(1)In
			 general
					(A)No punitive
			 damages may be awarded against the manufacturer or distributor of a medical
			 product, or a supplier of any component or raw material of such medical
			 product, based on a claim that such product caused the claimant’s harm
			 where—
						(i)(I)such medical product was
			 subject to premarket approval, clearance, or licensure by the Food and Drug
			 Administration with respect to the safety of the formulation or performance of
			 the aspect of such medical product which caused the claimant’s harm or the
			 adequacy of the packaging or labeling of such medical product; and
							(II)such medical product was so approved,
			 cleared, or licensed; or
							(ii)such medical
			 product is generally recognized among qualified experts as safe and effective
			 pursuant to conditions established by the Food and Drug Administration and
			 applicable Food and Drug Administration regulations, including without
			 limitation those related to packaging and labeling, unless the Food and Drug
			 Administration has determined that such medical product was not manufactured or
			 distributed in substantial compliance with applicable Food and Drug
			 Administration statutes and regulations.
						(B)Rule of
			 constructionSubparagraph
			 (A) may not be construed as establishing the obligation of the
			 Food and Drug Administration to demonstrate affirmatively that a manufacturer,
			 distributor, or supplier referred to in such subparagraph meets any of the
			 conditions described in such subparagraph.
					(2)Liability of
			 health care providersA health care provider who prescribes, or
			 who dispenses pursuant to a prescription, a medical product approved, licensed,
			 or cleared by the Food and Drug Administration shall not be named as a party to
			 a product liability lawsuit involving such product and shall not be liable to a
			 claimant in a class action lawsuit against the manufacturer, distributor, or
			 seller of such product. Nothing in this paragraph prevents a court from
			 consolidating cases involving health care providers and cases involving
			 products liability claims against the manufacturer, distributor, or product
			 seller of such medical product.
				(3)PackagingIn
			 a health care lawsuit for harm which is alleged to relate to the adequacy of
			 the packaging or labeling of a drug which is required to have tamper-resistant
			 packaging under regulations of the Secretary of Health and Human Services
			 (including labeling regulations related to such packaging), the manufacturer or
			 product seller of the drug shall not be held liable for punitive damages unless
			 such packaging or labeling is found by the trier of fact by clear and
			 convincing evidence to be substantially out of compliance with such
			 regulations.
				(4)ExceptionParagraph
			 (1) shall not apply in any health care lawsuit in which—
					(A)a person, before
			 or after premarket approval, clearance, or licensure of such medical product,
			 knowingly misrepresented to or withheld from the Food and Drug Administration
			 information that is required to be submitted under the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) that
			 is material and is causally related to the harm which the claimant allegedly
			 suffered; or
					(B)a person made an
			 illegal payment to an official of the Food and Drug Administration for the
			 purpose of either securing or maintaining approval, clearance, or licensure of
			 such medical product.
					8.Authorization of
			 payment of future damages to claimants in HEALTH care lawsuits
			(a)In
			 GeneralIn any health care lawsuit, if an award of future
			 damages, without reduction to present value, equaling or exceeding $50,000 is
			 made against a party with sufficient insurance or other assets to fund a
			 periodic payment of such a judgment, the court shall, at the request of any
			 party, enter a judgment ordering that the future damages be paid by periodic
			 payments, in accordance with the Uniform Periodic Payment of Judgments Act
			 promulgated by the National Conference of Commissioners on Uniform State
			 Laws.
			(b)ApplicabilityThis
			 section applies to all actions which have not been first set for trial or
			 retrial before the effective date of this Act.
			9.DefinitionsIn this Act:
			(1)Alternative
			 dispute resolution system; ADRThe term alternative dispute
			 resolution system or ADR means a system that provides for
			 the resolution of health care lawsuits in a manner other than through a civil
			 action brought in a State or Federal court.
			(2)ClaimantThe
			 term claimant means any person who brings a health care lawsuit,
			 including a person who asserts or claims a right to legal or equitable
			 contribution, indemnity, or subrogation, arising out of a health care liability
			 claim or action, and any person on whose behalf such a claim is asserted or
			 such an action is brought, whether deceased, incompetent, or a minor.
			(3)Collateral
			 source benefitsThe term collateral source benefits
			 means any amount paid or reasonably likely to be paid in the future to or on
			 behalf of the claimant, or any service, product, or other benefit provided or
			 reasonably likely to be provided in the future to or on behalf of the claimant,
			 as a result of the injury or wrongful death, pursuant to—
				(A)any State or
			 Federal health, sickness, income-disability, accident, or workers’ compensation
			 law;
				(B)any health,
			 sickness, income-disability, or accident insurance that provides health
			 benefits or income-disability coverage;
				(C)any contract or
			 agreement of any group, organization, partnership, or corporation to provide,
			 pay for, or reimburse the cost of medical, hospital, dental, or
			 income-disability benefits; and
				(D)any other publicly
			 or privately funded program.
				(4)Compensatory
			 damagesThe term compensatory damages means
			 objectively verifiable monetary losses incurred as a result of the provision
			 of, use of, or payment for (or failure to provide, use, or pay for) health care
			 services or medical products, such as past and future medical expenses, loss of
			 past and future earnings, cost of obtaining domestic services, loss of
			 employment, and loss of business or employment opportunities, damages for
			 physical and emotional pain, suffering, inconvenience, physical impairment,
			 mental anguish, disfigurement, loss of enjoyment of life, loss of society and
			 companionship, loss of consortium (other than loss of domestic service),
			 hedonic damages, injury to reputation, and all other nonpecuniary losses of any
			 kind or nature. The term compensatory damages includes economic
			 damages and noneconomic damages, as such terms are defined in this
			 section.
			(5)Contingent
			 feeThe term contingent fee includes all
			 compensation to any person or persons which is payable only if a recovery is
			 effected on behalf of one or more claimants.
			(6)Economic
			 damagesThe term economic damages means objectively
			 verifiable monetary losses incurred as a result of the provision of, use of, or
			 payment for (or failure to provide, use, or pay for) health care services or
			 medical products, such as past and future medical expenses, loss of past and
			 future earnings, cost of obtaining domestic services, loss of employment, and
			 loss of business or employment opportunities.
			(7)Health care
			 lawsuitThe term health care lawsuit means any
			 health care liability claim concerning the provision of health care goods or
			 services or any medical product affecting interstate commerce, or any health
			 care liability action concerning the provision of health care goods or services
			 or any medical product affecting interstate commerce, brought in a State or
			 Federal court or pursuant to an alternative dispute resolution system, against
			 a health care provider, a health care organization, or the manufacturer,
			 distributor, supplier, marketer, promoter, or seller of a medical product,
			 regardless of the theory of liability on which the claim is based, or the
			 number of claimants, plaintiffs, defendants, or other parties, or the number of
			 claims or causes of action, in which the claimant alleges a health care
			 liability claim. Such term does not include a claim or action which is based on
			 criminal liability; which seeks civil fines or penalties paid to Federal,
			 State, or local government; or which is grounded in antitrust.
			(8)Health care
			 liability actionThe term health care liability
			 action means a civil action brought in a State or Federal court or
			 pursuant to an alternative dispute resolution system, against a health care
			 provider, a health care organization, or the manufacturer, distributor,
			 supplier, marketer, promoter, or seller of a medical product, regardless of the
			 theory of liability on which the claim is based, or the number of plaintiffs,
			 defendants, or other parties, or the number of causes of action, in which the
			 claimant alleges a health care liability claim.
			(9)Health care
			 liability claimThe term health care liability claim
			 means a demand by any person, whether or not pursuant to ADR, against a health
			 care provider, health care organization, or the manufacturer, distributor,
			 supplier, marketer, promoter, or seller of a medical product, including, but
			 not limited to, third-party claims, cross-claims, counter-claims, or
			 contribution claims, which are based upon the provision of, use of, or payment
			 for (or the failure to provide, use, or pay for) health care services or
			 medical products, regardless of the theory of liability on which the claim is
			 based, or the number of plaintiffs, defendants, or other parties, or the number
			 of causes of action.
			(10)Health care
			 organizationThe term health care organization means
			 any person or entity which is obligated to provide or pay for health benefits
			 under any health plan, including any person or entity acting under a contract
			 or arrangement with a health care organization to provide or administer any
			 health benefit.
			(11)Health care
			 providerThe term health care provider means any
			 person or entity required by State or Federal laws or regulations to be
			 licensed, registered, or certified to provide health care services, and being
			 either so licensed, registered, or certified, or exempted from such requirement
			 by other statute or regulation.
			(12)Health care
			 goods or servicesThe term health care goods or
			 services means any goods or services provided by a health care
			 organization, provider, or by any individual working under the supervision of a
			 health care provider, that relates to the diagnosis, prevention, or treatment
			 of any human disease or impairment, or the assessment or care of the health of
			 human beings.
			(13)Malicious
			 intent to injureThe term malicious intent to injure
			 means intentionally causing or attempting to cause physical injury other than
			 providing health care goods or services.
			(14)Medical
			 productThe term medical product means a drug,
			 device, or biological product intended for humans, and the terms
			 drug, device, and biological product
			 have the meanings given such terms in sections 201(g)(1) and 201(h) of the
			 Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) and section
			 351(a) of the Public Health Service
			 Act (42 U.S.C. 262(a)), respectively, including any component or raw
			 material used therein, but excluding health care services.
			(15)Noneconomic
			 damagesThe term noneconomic damages means damages
			 for physical and emotional pain, suffering, inconvenience, physical impairment,
			 mental anguish, disfigurement, loss of enjoyment of life, loss of society and
			 companionship, loss of consortium (other than loss of domestic service),
			 hedonic damages, injury to reputation, and all other nonpecuniary losses of any
			 kind or nature.
			(16)Punitive
			 damagesThe term punitive damages means damages
			 awarded, for the purpose of punishment or deterrence, and not solely for
			 compensatory purposes, against a health care provider, health care
			 organization, or a manufacturer, distributor, or supplier of a medical product.
			 Punitive damages are neither economic nor noneconomic damages.
			(17)RecoveryThe
			 term recovery means the net sum recovered after deducting any
			 disbursements or costs incurred in connection with prosecution or settlement of
			 the claim, including all costs paid or advanced by any person. Costs of health
			 care incurred by the plaintiff and the attorneys’ office overhead costs or
			 charges for legal services are not deductible disbursements or costs for such
			 purpose.
			(18)StateThe
			 term State means each of the several States, the District of
			 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
			 Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific
			 Islands, and any other territory or possession of the United States, or any
			 political subdivision thereof.
			10.Effect on other
			 laws
			(a)Vaccine
			 Injury
				(1)To the extent that
			 title XXI of the Public Health Service
			 Act establishes a Federal rule of law applicable to a civil action
			 brought for a vaccine-related injury or death—
					(A)this Act does not
			 affect the application of the rule of law to such an action; and
					(B)any rule of law
			 prescribed by this Act in conflict with a rule of law of such title XXI shall
			 not apply to such action.
					(2)If there is an
			 aspect of a civil action brought for a vaccine-related injury or death to which
			 a Federal rule of law under title XXI of the Public Health Service Act does not apply, then
			 this Act or otherwise applicable law (as determined under this Act) will apply
			 to such aspect of such action.
				(b)Other Federal
			 LawExcept as provided in this section, nothing in this Act shall
			 be deemed to affect any defense available to a defendant in a health care
			 lawsuit or action under any other provision of Federal law.
			11.State
			 flexibility and protection of States’ rights
			(a)Health Care
			 LawsuitsThe provisions governing health care lawsuits set forth
			 in this Act preempt, subject to subsections (b) and (c), State law to the
			 extent that State law prevents the application of any provisions of law
			 established by or under this Act. The provisions governing health care lawsuits
			 set forth in this Act supersede chapter 171 of title 28, United States Code, to
			 the extent that such chapter—
				(1)provides for a
			 greater amount of damages or contingent fees, a longer period in which a health
			 care lawsuit may be commenced, or a reduced applicability or scope of periodic
			 payment of future damages, than provided in this Act; or
				(2)prohibits the
			 introduction of evidence regarding collateral source benefits, or mandates or
			 permits subrogation or a lien on collateral source benefits.
				(b)Protection of
			 States’ Rights and Other Laws(1)Any issue that is not
			 governed by any provision of law established by or under this Act (including
			 State standards of negligence) shall be governed by otherwise applicable State
			 or Federal law.
				(2)This Act shall not preempt or
			 supersede any State or Federal law that imposes greater procedural or
			 substantive protections for health care providers and health care organizations
			 from liability, loss, or damages than those provided by this Act or create a
			 cause of action.
				(c)State
			 FlexibilityNo provision of this Act shall be construed to
			 preempt—
				(1)any State law
			 (whether effective before, on, or after the date of the enactment of this Act)
			 that specifies a particular monetary amount of compensatory or punitive damages
			 (or the total amount of damages) that may be awarded in a health care lawsuit,
			 regardless of whether such monetary amount is greater or lesser than is
			 provided for under this Act, notwithstanding
			 section 4(a); or
				(2)any defense
			 available to a party in a health care lawsuit under any other provision of
			 State or Federal law.
				12.Applicability;
			 effective dateThis Act shall
			 apply to any health care lawsuit brought in a Federal or State court, or
			 subject to an alternative dispute resolution system, that is initiated on or
			 after the date of the enactment of this Act, except that any health care
			 lawsuit arising from an injury occurring prior to the date of the enactment of
			 this Act shall be governed by the applicable statute of limitations provisions
			 in effect at the time the injury occurred.


114 HR 4234 IH: Primary Care Physician Reentry Act of 2015
U.S. House of Representatives
2015-12-10
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. 4234
		IN THE HOUSE OF REPRESENTATIVES

			December 10, 2015
			Mr. Sarbanes introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To establish a demonstration program to facilitate physician reentry into clinical practice to
			 provide primary health services.

 1.Short titleThis Act may be cited as the Primary Care Physician Reentry Act of 2015. 2.FindingsCongress finds as follows:
 (1)According to the Association of American Medical Colleges— (A)the shortage of primary care physicians will reach 45,000 by the year 2020, as fewer than 20 percent of medical students choose to enter primary care medicine; and
 (B)the overall shortage of physicians in the United States is expected to surpass 130,000 by 2025. (2)Medical schools in the United States train only approximately 18,000 new physicians every year.
 (3)The Department of Health and Human Services estimates that the United States needs at least 16,000 more primary care physicians.
 (4)According to a survey of 1,600 pediatricians over the age of 50 conducted by the Association of American Medical Colleges and the American Academy of Pediatrics, 22 percent of female pediatricians took extended leave (6 months or more) from medicine, compared to only 6.5 percent of male pediatricians. Seventy-one percent of the female pediatricians who took extended leave did so to care for a child or family member.
			3.Reentry program for physicians
			(a)Activities of the Secretary
 (1)Establishment of demonstration programThe Secretary of Health and Human Services (referred to in this section as the Secretary) shall establish a demonstration program to assist the development of innovative programs that facilitate physician reentry into clinical practice to provide primary health services. Under such demonstration program, the Secretary shall—
 (A)award one grant, on a competitive basis, to an eligible entity described in subsection (b) in each of the 10 regions served by a regional office of the Department of Health and Human Services to carry out physician reentry projects to assist reentering physicians participating in such projects through any of the activities described in subsection (d); and
 (B)in consultation with key stakeholders and subject to paragraph (2)(B), carry out the administrative activities described in paragraph (2)(A).
					(2)Administrative activities
 (A)In generalFor purposes of paragraph (1)(B), the administrative activities described in this subparagraph are the following:
 (i)Conduct a national needs assessment with regard to the supply of physicians who provide primary health services, using, to the extent feasible, information collected for use in other similar completed or forthcoming studies, such as studies conducted by the Agency for Healthcare Research and Quality and the Health Resources and Services Administration.
 (ii)Develop a database that contains a directory of programs that help physicians reenter clinical practice.
 (iii)Disseminate evidence-based assessments and evaluation tools as such assessments and tools become available to measure the basic core competencies of physicians reentering clinical practice that are consistent with the guidelines published by the Federation of State Medical Boards for such physicians.
 (iv)Assist State regulatory authorities and hospital credentialing committees to structure requirements for physicians to return to clinical practice in a manner that ensures patient safety while addressing the burdens on such reentering physicians.
 (B)LimitationThe Secretary shall use not more than 15 percent of the funds appropriated to carry out this section to carry out the activities described in subparagraph (A).
 (b)Eligible entitiesEntities eligible to receive a grant under this section are the following: (1)A State (as defined in section 2(f) of the Public Health Service Act, 42 U.S.C. 201(f)).
 (2)A hospital. (3)An academic medical center.
 (4)A medical school. (5)A health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))).
 (6)A teaching health center. (7)A nonprofit organization with a demonstrated history or expertise in providing physician education and with the ability to offer programs specifically targeted at reentering physicians.
 (c)ApplicationIn order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (d)Uses of FundsAn eligible entity that receives funds under this section shall use such funds to carry out a physician reentry project to assist reentering physicians participating in the project through any of the following activities:
 (1)Training such reentering physicians to reenter clinical practice. (2)Paying credentialing fees and other fees that are necessary for such reentering physicians to reenter clinical practice.
 (3)Paying the salaries of such reentering physicians who are so eligible to reenter clinical practice during the period for which such physicians provide primary health services at a center described in subsection (e)(1).
 (4)Providing loan repayment assistance and other financial assistance, including scholarships and grants for education and training, to such reentering physicians.
 (e)Requirements of reentry physicians To participate in projectsTo be eligible to participate in a physician reentry project carried out by an eligible entity under this section, a reentering physician shall provide assurances satisfactory to the Secretary that the physician will comply with the following:
 (1)Service locationsThe reentering physician shall provide primary health services at— (A)a health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a)));
 (B)a Veterans Administration Medical Center if the Secretary of Veterans Affairs certifies that there is a shortage of physicians at such medical center; or
 (C)a school-based health center (as defined in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9))).
 (2)Length of serviceThe reentering physician shall provide such services at such a center, consistent with paragraph (1), for not less than 2 years.
 (f)Liability protectionsFor purposes of section 224 of the Public Health Service Act (42 U.S.C. 233), a reentering physician participating in a physician reentry project under this section shall be deemed to be an employee of the Public Health Service working within the scope of such employment with respect to primary health services provided by such reentering physician at a center described in subsection (e)(1) under the terms of such participation in such project. The remedy against the United States for a physician described in paragraph (2) who is deemed to be an employee of the Public Health Service pursuant to the previous sentence shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a) of such section.
 (g)Annual review and reportFor any year during which the demonstration program under this section is carried out, the Secretary shall conduct a review and comprehensive evaluation of such program and shall prepare and submit to Congress a report assessing such program, including an assessment of the performance of the reentering physicians who participate in physician reentry projects under such program.
			(h)Reentering physicians
 (1)DefinitionSubject to paragraph (2), for purposes of this section, the term reentering physician means an individual— (A)who is a physician (as defined in section 1861(r)(1) of the Social Security Act, 42 U.S.C. 1395x(r)(1));
 (B)who received training in primary care or primary health services, including family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, and mental health.
 (C)who was previously (and may currently be) legally authorized to practice medicine and surgery by a State;
 (D)who previously engaged in the clinical practice of medicine, but who is not currently engaged in the clinical practice of medicine and has not been engaged in such practice for a period of 2 years or such longer period determined to be sufficient by the Secretary; and
 (E)who provides assurances satisfactory to the Secretary and the respective State licensing board that the individual will return to clinical practice in the discipline in which such individual was trained or certified, including, if applicable, by regaining necessary training and certification for legal authorization to practice medicine and surgery by a State.
 (2)ExclusionsFor purposes of this section, the term reentering physician does not include an individual if— (A)such individual has failed to complete an obligation to provide health care services under a Federal, State, or local program (including any period of obligated service under subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.)); or
 (B)the individual has a debt due to the United States. (i)Primary health services definedFor purposes of this section, the term primary health services has the meaning given such term in section 331(a)(3) of the Public Health Service Act (42 U.S.C. 254d(a)(3)).
 (j)Authorization of appropriationsThere is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2016.


113 HR 5041 IH: To require the Secretary of State to offer rewards totaling up to $5,000,000 for information on the kidnapping and murder of Naftali Fraenkel, a dual United States-Israeli citizen, that began on June 12, 2014.
U.S. House of Representatives
2014-07-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5041
		IN THE HOUSE OF REPRESENTATIVES

			July 9, 2014
			Mr. Lamborn (for himself and Mr. Sherman) introduced the following bill; which was referred to the Committee on Foreign Affairs

		A BILL
		To require the Secretary of State to offer rewards totaling up to $5,000,000 for information on the
			 kidnapping and murder of Naftali Fraenkel, a dual United States-Israeli
			 citizen, that began on June 12, 2014.

		1.Rewards authorized
			(a)In generalIn accordance with the Rewards for Justice program authorized under section 36(b) of the State
			 Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), the
			 Secretary of State shall offer a reward to any individual who furnishes
			 information leading to the arrest or conviction in any country of any
			 individual for committing, conspiring or attempting to commit, or aiding
			 or abetting in the commission of the kidnapping and murder of Naftali
			 Fraenkel.
			(b)Limit on total rewardsThe total amount of rewards offered under subsection (a) may not exceed $5,000,000.


116 HR 8278 IH: Show Your Exemption Act
U.S. House of Representatives
2020-09-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8278IN THE HOUSE OF REPRESENTATIVESSeptember 16, 2020Mr. Wenstrup introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo require the disclosure of determinations with respect to which Congressional staff will be required to obtain health insurance coverage through an Exchange.1.Short titleThis Act may be cited as the Show Your Exemption Act.2.Transparency of coverage determination(a)In generalNot later than 30 days after the date of enactment of this Act, the Chief Administrative Officer of the House of Representatives and the Financial Clerk of the Senate shall make publicly available the determinations of each member of the House of Representatives and each Senator, as the case may be, regarding the designation of their respective congressional staff (including leadership and committee staff) as official for purposes of requiring such staff to enroll in health insurance coverage provided through an Exchange as required under section 1312(d)(1)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(1)(D)), and the regulations relating to such section.(b)PrivacyNothing in this Act shall be construed to permit the release of any individually identifiable information concerning any individual, including any health plan selected by an individual.


I
108th CONGRESS
2d Session
H. R. 4630
IN THE HOUSE OF REPRESENTATIVES

June 21, 2004
Ms. Hooley of Oregon introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend title 10, United States Code, to provide that an officer of the Army or Air Force on the active-duty list may not be promoted to brigadier general unless the officer has had a duty assignment of at least one year involving the administration of the National Guard or Reserves.

1.Guard or Reserve duty assignment required as condition of promotion of Army and Air Force officers to brigadier general
(a)In generalChapter 36 of title 10, is amended by inserting after section 619a the following new section:

619b.Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions
(a)General ruleAfter the end of the one-year period beginning on the date of the enactment of this section, an officer on the active-duty list of the Army or Air Force may not be appointed to the grade of brigadier general unless the officer has completed a tour of duty of at least one year in a Guard or Reserve duty assignment.
(b)ExceptionsSubject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:
(1)When necessary for the good of the service.
(2)In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist.
(3)In the case of—
(A)a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer;
(B)a chaplain; or
(C)a judge advocate.
(4)In the case of an officer selected by a promotion board for appointment to the grade of brigadier general while serving in a Guard or Reserve duty assignment if at least 180 days of that assignment have been completed on the date of the convening of that selection board.
(c)RegulationsThe Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general is based primarily upon scientific and technical qualifications for which Guard or Reserve requirements do not exist.
(d)Guard or Reserve duty assignment definedIn this section, the term Guard or Reserve duty assignment means an assignment involving the organizing, administering, recruiting, instructing, or training the reserve components, other than an assignment to a Reserve Officers Training Corps unit. .
(b)Clerical amendmentThe table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 619a the following new item:

619b. Eligibility for consideration for promotion: Army and Air Force officers; Guard or Reserve duty required before promotion to brigadier general; exceptions.


114 HR 6373 IH: To designate the facility of the United States Postal Service located at 324 West Saint Louis Street in Pacific, Missouri, as the “Specialist Jeffrey L. White, Jr. Post Office”.
U.S. House of Representatives
2016-11-17
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.

I114th CONGRESS2d SessionH. R. 6373IN THE HOUSE OF REPRESENTATIVESNovember 17, 2016Mr. Luetkemeyer (for himself, Mr. Cleaver, Mr. Graves of Missouri, Mr. Smith of Missouri, Mrs. Hartzler, Mr. Long, Mrs. Wagner, and Mr. Clay) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo designate the facility of the United States Postal Service located at 324 West Saint Louis
			 Street in Pacific, Missouri, as the Specialist Jeffrey L. White, Jr. Post Office.

		1.Specialist Jeffrey L. White, Jr. Post Office
 (a)DesignationThe facility of the United States Postal Service located at 324 West Saint Louis Street in Pacific, Missouri, shall be known and designated as the Specialist Jeffrey L. White, Jr. Post Office.
 (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Specialist Jeffrey L. White, Jr. Post Office.


117 HR 3742 IH: Vaccine Information for Nursing Facility Operators Act
U.S. House of Representatives
2021-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3742IN THE HOUSE OF REPRESENTATIVESJune 8, 2021Mr. Bilirakis (for himself and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Secretary of Health and Human Services to issue revised regulations to require the dissemination of information on ACIP recommended immunizations to staff of nursing facilities.1.Short titleThis Act may be cited as the Vaccine Information for Nursing Facility Operators Act or the Vaccine INFO Act.2.Requiring dissemination of information on ACIP recommended immunizations to staff of nursing facilitiesNot later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise section 483.80 of title 42, Code of Federal Regulations, to require that the policies and procedures that are required under such section to be developed by a facility described in such section as part of the infection prevention and control program described in such section shall include policies and procedures to ensure that—(1)all individuals who are staff of the facility (as defined for purposes of such section) are provided information on the benefits and potential side effects for each immunization recommended by the Advisory Committee on Immunization Practices for health care personnel;(2)in the case that the facility offers such an immunization to an individual described in paragraph (1), the information described in such paragraph for the respective immunization so offered is provided to such individual before such immunization is offered to such individual by such facility; and(3)in the case that the facility does not offer such an immunization to individuals who are described in paragraph (1), the facility includes with the information required to be provided to such individuals under such paragraph for the respective immunization that is not so offered, information on the availability of such immunization, including locations for receiving such immunization, and the associated costs to the individual for such immunization.


116 HR 6645 IH: To direct the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to conduct or support research on the mental health consequences of SARS–CoV–2 or COVID–19, and for other purposes.
U.S. House of Representatives
2020-04-28
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.

I116th CONGRESS2d SessionH. R. 6645IN THE HOUSE OF REPRESENTATIVESApril 28, 2020Mr. Tonko introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to conduct or support research on the mental health consequences of SARS–CoV–2 or COVID–19, and for other purposes.1.Research on the mental health impact of COVID-19(a)In generalThe Secretary of Health and Human Services (in this section referred to as the Secretary), acting through the Director of the National Institute of Mental Health, shall conduct or support research on the mental health consequences of SARS–CoV–2 or COVID–19.(b)Use of fundsResearch under subsection (a) may include—(1)research on the mental health impact of SARS–CoV–2 or COVID–19 on health care providers, including—(A)traumatic stress;(B)psychological distress; and(C)psychiatric disorders; and(2)research on the impact of SARS–CoV–2 or COVID–19 stressors on mental health over time;(3)research to strengthen the mental health response to SARS–CoV–2 or COVID–19, including adapting to and maintaining or providing additional services for new or increasing mental health needs;(4)research on the reach, efficiency, effectiveness, and quality of digital mental health interventions;(5)research on the effectiveness of strategies for implementation and delivery of evidence-based mental health interventions and services for underserved populations; and(6)research on suicide prevention.(c)Research coordinationThe Secretary shall coordinate activities under this section with similar activities conducted by national research institutes and centers of the National Institutes of Health to the extent that such institutes and centers have responsibilities that are related to the mental health consequences of SARS–CoV–2 or COVID–19.(d)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.


		III

		109th CONGRESS

		1st Session

		S. RES. 5

		IN THE SENATE OF THE UNITED STATES

			January 6, 2005

				Mr. Frist submitted the

			 following resolution; which was considered and agreed to

		RESOLUTION

		Making majority party appointments to

		  certain Senate committees for the 109th Congress.

			That notwithstanding the

			 provisions of Rule XXV, the following shall constitute the majority party's

			 membership on the following standing committees for the One Hundred Ninth

			 Congress, or until their successors are chosen:

			Committee on

			 Agriculture, Nutrition, and Forestry: Mr. Chambliss

			 (Chairman), Mr. Lugar, Mr. Cochran, Mr. McConnell, Mr. Roberts, Mr. Talent, Mr.

			 Thomas, Mr. Santorum, Mr. Coleman, Mr. Crapo, and Mr. Grassley.

			Committee on

			 Appropriations: Mr. Cochran (Chairman), Mr. Stevens, Mr.

			 Specter, Mr. Domenici, Mr. Bond, Mr. McConnell, Mr. Burns, Mr. Shelby, Mr.

			 Gregg, Mr. Bennett, Mr. Craig, Mrs. Hutchison, Mr. DeWine, Mr. Brownback, and

			 Mr. Allard.

			Committee on

			 Armed Services: Mr. Warner (Chairman), Mr. McCain, Mr. Inhofe,

			 Mr. Roberts, Mr. Sessions, Ms. Collins, Mr. Ensign, Mr. Talent, Mr. Chambliss,

			 Mr. Graham, Mrs. Dole, Mr. Cornyn, and Mr. Thune.

			Committee on

			 Banking, Housing, and Urban Affairs: Mr. Shelby (Chairman),

			 Mr. Bennett, Mr. Allard, Mr. Enzi, Mr. Hagel, Mr. Santorum, Mr. Bunning, Mr.

			 Crapo, Mr. Sununu, Mrs. Dole, and Mr. Martinez.

			Committee on

			 Commerce, Science, and Transportation: Mr. Stevens (Chairman),

			 Mr. McCain, Mr. Burns, Mr. Lott, Mrs. Hutchison, Ms. Snowe, Mr. Smith, Mr.

			 Ensign, Mr. Allen, Mr. Sununu, Mr. Demint, and Mr. Vitter.

			Committee on

			 Energy and Natural Resources: Mr. Domenici (Chairman), Mr.

			 Craig, Mr. Thomas, Mr. Alexander, Ms. Murkowski, Mr. Burr, Mr. Martinez, Mr.

			 Talent, Mr. Burns, Mr. Allen, Mr. Smith, and Mr. Bunning.

			Committee on

			 Environment and Public Works: Mr. Inhofe (Chairman), Mr.

			 Warner, Mr. Bond, Mr. Voinovich, Mr. Chafee, Ms. Murkowski, Mr. Thune, Mr.

			 Demint, Mr. Isakson, and Mr. Vitter.

			Committee on

			 Finance: Mr. Grassley (Chairman), Mr. Hatch, Mr. Lott, Ms.

			 Snowe, Mr. Kyl, Mr. Thomas, Mr. Santorum, Mr. Frist, Mr. Smith, Mr. Bunning,

			 and Mr. Crapo.

			Committee on

			 Foreign Relations: Mr. Lugar (Chairman), Mr. Hagel, Mr.

			 Chafee, Mr. Allen, Mr. Coleman, Mr. Voinovich, Mr. Alexander, Mr. Sununu, Ms.

			 Murkowski, and Mr. Martinez.

			Committee on

			 Health, Education, Labor, and Pensions: Mr. Enzi (Chairman),

			 Mr. Gregg, Mr. Frist, Mr. Alexander, Mr. Burr, Mr. Isakson, Mr. DeWine, Mr.

			 Ensign, Mr. Hatch, Mr. Sessions, and Mr. Roberts.

			Committee on

			 Homeland Security and Govermental Affairs: Ms. Collins

			 (Chairman), Mr. Stevens, Mr. Voinovich, Mr. Coleman, Mr. Coburn, Mr. Chafee,

			 Mr. Bennett, Mr. Domenici, and Mr. Warner.

			Select Committee

			 on Intelligence: Mr. Roberts (Chairman), Mr. Hatch, Mr.

			 DeWine, Mr. Bond, Mr. Lott, Ms. Snowe, Mr. Hagel, Mr. Chambliss, and Mr. Warner

			 (ex officio).

			Committee on the

			 Judiciary: Mr. Specter (Chairman), Mr. Hatch, Mr. Grassley,

			 Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. Graham, Mr. Cornyn, Mr. Brownback, and

			 Mr. Coburn.

			Special Committee

			 on Aging: Mr. Smith (Chairman), Mr. Shelby, Ms. Collins, Mr.

			 Talent, Mrs. Dole, Mr. Martinez, Mr. Craig, Mr. Santorum, Mr. Burns, Mr.

			 Alexander, and Mr. Demint.

			Committee on the

			 Budget: Mr. Gregg (Chairman), Mr. Domenici, Mr. Grassley, Mr.

			 Allard, Mr. Enzi, Mr. Sessions, Mr. Bunning, Mr. Crapo, Mr. Ensign, Mr. Cornyn,

			 Mr. Alexander, and Mr. Graham.

			Select Committee

			 on Ethics: Mr. Voinovich (Chairman), Mr. Roberts, and Mr.

			 Thomas.

			Committee on

			 Indian Affairs: Mr. McCain (Chairman), Mr. Thomas, Ms.

			 Murkowski, Mr. Coburn, Mr. Domenici, Mr. Smith, Mr. Crapo, and Mr. Burr.

			Joint Economic

			 Committee: Mr. Bennett (Vice-Chairman), Mr. Brownback, Mr.

			 Sununu, Mr. Demint, Mr. Sessions, and Mr. Cornyn.

			Committee on

			 Rules and Administration: Mr. Lott (Chairman), Mr. Stevens,

			 Mr. McConnell, Mr. Cochran, Mr. Santorum, Mr. Frist, Mr. Chambliss, Mrs.

			 Hutchison, Mr. Bennett, and Mr. Hagel.

			Committee on

			 Small Business and Entrepreneurship: Ms. Snowe (Chairman), Mr.

			 Bond, Mr. Burns, Mr. Allen, Mr. Coleman, Mr. Thune, Mr. Isakson, Mr. Vitter,

			 Mr. Enzi, and Mr. Cornyn.

			Committee on

			 Veterans' Affairs: Mr. Craig (Chairman), Mr. Specter, Mrs.

			 Hutchison, Mr. Graham, Mr. Burr, Mr. Ensign, Mr. Thune, and Mr. Isakson.


 HR 7318 ENR: To amend the Federal Assets Sale and Transfer Act of 2016 to ensure that the Public Buildings Reform Board has adequate time to carry out the responsibilities of the Board, and for other purposes.
U.S. House of Representatives

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
One Hundred Fifteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen
H. R. 7318

AN ACT
To amend the Federal Assets Sale and Transfer Act of 2016 to ensure that the Public Buildings Reform Board has adequate time to carry out the responsibilities of the Board, and for other purposes.

1.Federal assets sale
(a)In generalSection 4(c)(2) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended— (1)by striking subparagraph (B);
(2)by striking the paragraph designation and heading and all that follows through In selecting in subparagraph (A) in the matter preceding clause (i) and inserting the following:  (2)AppointmentsIn selecting; and
(3)by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and indenting appropriately.  (b)TerminationSection 10 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking the date of enactment of this Act and inserting the date on which the Board members are appointed pursuant to section 4.
(c)Accounting systemSection 12(e) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended in the first sentence by striking the date of enactment of this Act and inserting the date on which the Board members are appointed pursuant to section 4.   Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		II
		111th CONGRESS
		1st Session
		S. 2786
		IN THE SENATE OF THE UNITED
		  STATES

			November 17, 2009
			Mr. Leahy (for himself
			 and Mr. Hatch) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend titles 18 and 28 of the United
		  States Code to provide incentives for the prompt payments of debts owed to the
		  United States and the victims of crime by imposing late fees on unpaid
		  judgments owed to the United States and to the victims of crime, to provide for
		  offsets on amounts collected by the Department of Justice for Federal agencies,
		  to increase the amount of special assessments imposed upon convicted persons,
		  to establish an Enhanced Financial Recovery Fund to enhance, supplement, and
		  improve the debt collection activities of the Department of Justice, to amend
		  title 5, United States Code, to provide to assistant United States attorneys
		  the same retirement benefits as are afforded to Federal law enforcement
		  officers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Enhanced Restitution Enforcement and
			 Equitable Retirement Treatment Act of 2009.
		2.Table of contentsThe table of contents for this Act is as
			 follows:

				Sec. 1. Short
				title.
				Sec. 2. Table of contents.
				TITLE I—Enhanced financial recovery
				Sec. 101. Unpaid fines and restitution.
				Sec. 102. Remission of criminal monetary penalties.
				Sec. 103. Prioritization of restitution efforts.
				Sec. 104. Imposition of civil late fee.
				Sec. 105. Increase in the amount of special
				assessments.
				Sec. 106. Enhanced financial recovery fund.
				Sec. 107. Effective dates.
				TITLE II—Equitable retirement treatment of assistant United
				States attorneys
				Sec. 201. Retirement treatment of assistant United States
				attorneys.
				Sec. 202. Provisions relating to incumbents.
				Sec. 203. Agency share contributions.
				Sec. 204. Effective date.

		IEnhanced financial recovery
			101.Unpaid fines and restitution
				(a)In generalSection 3612 of title 18, United States
			 Code, is amended—
					(1)by striking subsections (d), (e), (g), (h),
			 and (i); and
					(2)by inserting after subsection (c) the
			 following:

							(d)Imposition of late fee
								(1)In generalA late fee shall be imposed upon a
				defendant if fines or restitution obligations of the defendant totaling not
				less than $2,500 unpaid as of the date specified in subsection (f)(1). The late
				fee imposed under this paragraph shall be 5 percent of the unpaid principal
				balance for an individual and 10 percent for any other person.
								(2)Allocation of payments
									(A)FineSubject to subparagraph (C), if a late fee
				is imposed under paragraph (1) for a fine—
										(i)an amount equal to 95 percent of each
				payment made by a defendant shall be credited to the Crime Victims Fund
				established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
				10601) or as otherwise provided in that section; and
										(ii)an amount equal to 5 percent of each
				payment shall be credited to the Department of Justice Enhanced Financial
				Recovery Fund established under section 106 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009.
										(B)RestitutionSubject to subparagraph (C), if a late fee
				is imposed under paragraph (1) for a restitution obligation—
										(i)an amount equal to 95 percent of each
				payment shall be paid to any victim identified by the court; and
										(ii)an amount equal to 5 percent of each
				payment shall be credited to the Department of Justice Enhanced Financial
				Recovery Fund established under section 106 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009.
										(C)Order of paymentsPayments for fines or restitution shall be
				applied first to the principal and, if any, the late fee under paragraph (1).
				If the amount due on either the principal or the late fee has been paid in full
				and the other amount due remains unpaid, all payments for fines or restitution
				shall then be applied to the other unpaid obligation. If the principal and the
				late fee have been paid in full, all payments for fines or restitution shall
				then be applied to interest.
									(3)DefinitionsIn this subsection—
									(A)the term fines or restitution
				obligations does not include any amount that is imposed as interest,
				costs, or a late fee;
									(B)the term principal does not
				include any amount that is imposed as interest, penalty, or a late fee;
				and
									(C)the term restitution includes
				any unpaid balance due to a person identified in any judgment, or order of
				restitution, entered in any criminal case.
									(e)Waiver of Interest, Penalty, or Late
				Fees
								(1)In generalThe Attorney General may waive all or part
				of any interest or late fee under this section or any interest or penalty
				imposed under any other provision of law if the Attorney General determines
				that reasonable efforts to collect the interest, late fee, or penalty are not
				likely to be effective.
								(2)Waiver by courtThe court may waive the uncollected portion
				of a late fee, upon the motion of the defendant, and a showing, by a
				preponderance of the evidence, that—
									(A)the defendant has made a good faith effort
				to satisfy all unpaid fines or restitution obligations;
									(B)despite the good faith efforts of the
				defendant, the defendant is not likely to satisfy the obligations within the
				time provided for under section 3613 of this title; and
									(C)the continued collection of a late fee
				would constitute an undue burden upon the
				defendant.
									.
					(b)Repeal of delinquency and default
			 provisionsSection 3572 of
			 title 18, United States Code, is amended by striking subsections (h) and
			 (i).
				102.Remission of criminal monetary
			 penaltiesSection 3573 of
			 title 18, United States Code, is amended to read as follows:

					3573.Petition of the Government for modification
				or remission
						(a)In generalUpon petition of the Government showing
				that reasonable efforts to collect a fine, restitution obligation, or special
				assessment are not likely to be effective, the court may, in the interest of
				justice, remit all or any part of the fine, restitution obligation, or special
				assessment, including interest, penalty, and late fees.
						(b)Victims other than the United
				StatesIn the case of a
				restitution obligation owed to a victim other than the United States, the
				express and clearly voluntary consent of the victim is required before the
				court may grant such petition. No defendant shall initiate contact with a
				victim for the purpose of securing consent to a possible remission except
				through counsel, the United States attorney, or in such a manner as first
				approved by the court as safe and
				noncoercive.
						.
			103.Prioritization of restitution
			 effortsSection 3771 of title
			 18, United States Code, is amended by adding the following subsection:

					(g)Guidelines
						(1)In generalThe Attorney General shall promulgate
				guidelines to ensure the effective and efficient enforcement of all criminal
				and civil obligations which are owed to the United States and enforced by the
				Department of Justice.
						(2)ContentsThe guidelines promulgated under paragraph
				(1) shall require consideration, in making decisions relating to enforcement of
				criminal and civil obligations which are owed to the United States, of the
				amount due, the amount collectible, and whether the amount is due to
				individuals who are not likely to be able to enforce the obligation without
				assistance from the Department of
				Justice.
						.
			104.Imposition of civil late fee
				(a)In generalSection 3011 of title 28, United States
			 Code, is amended to read as follows:

						3011.Imposition of late fee
							(a)In generalA late fee shall be imposed on a defendant
				if there is an unpaid balance due to the United States on any money judgment in
				a civil matter recovered in a district court as of—
								(1)the fifteenth day after the date of the
				judgment; or
								(2)if the day described in paragraph (1) is a
				Saturday, Sunday, or legal public holiday, the next day that is not a Saturday,
				Sunday, or legal holiday.
								(b)Amount of late feeA late fee imposed under subsection (a)
				shall be 5 percent of the unpaid principal balance for an individual and 10
				percent for any other person.
							(c)Allocation of paymentsSubject to subsection (d), if a late fee is
				imposed under subsection (a)—
								(1)an amount equal to 95 percent of each
				principal payment made by a defendant shall be credited as otherwise provided
				by law; and
								(2)an amount equal to 5 percent of each
				principal payment shall be credited to the Department of Justice Enhanced
				Financial Recovery Fund established under section 106 of the Enhanced Financial
				Recovery and Equitable Retirement Treatment Act of 2007.
								(d)Order of paymentsPayments for a money judgment in a civil
				matter shall be applied first to the principal and, if any, the late fee under
				subsection (a). If the amount due on either the principal or the late fee has
				been paid in full and the other amount due remains unpaid, all payments for a
				money judgment in a civil matter shall be applied to the other unpaid
				obligation. If the principal and the late fee have been paid in full, all
				payments for a money judgment in a civil matter shall then be applied to
				interest.
							(e)DefinitionsIn this section—
								(1)the term principal does not
				include any amount that is imposed as interest, penalty, or a late fee;
				and
								(2)the term unpaid balance due to the
				United States—
									(A)includes any unpaid balance due to a person
				that was represented by the Department of Justice in the civil matter in which
				the money judgment was entered; and
									(B)does not include interest, costs,
				penalties, or late
				fees.
									.
				(b)Technical and conforming
			 amendmentThe table of
			 sections for subchapter A of chapter 176 of title 28, United States Code, is
			 amended by striking the item relating to section 3011 and inserting the
			 following:

							3011. Imposition of late
				fee.

						.
				105.Increase in the amount of special
			 assessmentsSection 3013 of
			 title 18, United States Code, is amended by striking subsection (a) and
			 inserting the following:

					(a)The court shall assess on any person
				convicted of an offense against the United States—
						(1)in the case of an infraction or a
				misdemeanor—
							(A)if the defendant is an individual—
								(i)the amount of $10 in the case of an
				infraction or a class C misdemeanor;
								(ii)the amount of $25 in the case of a class B
				misdemeanor; and
								(iii)the amount of $100 in the case of a class A
				misdemeanor; and
								(B)if the defendant is a person other than an
				individual—
								(i)the amount of $100 in the case of an
				infraction or a class C misdemeanor;
								(ii)the amount of $200 in the case of a class B
				misdemeanor; and
								(iii)the amount of $500 in the case of a class A
				misdemeanor; and
								(2)in the case of a felony—
							(A)the amount of $100 if the defendant is an
				individual; and
							(B)the amount of $1,000 if the defendant is
				not an
				individual.
							.
			106.Enhanced financial recovery fund
				(a)EstablishmentThere is established in the Treasury a
			 separate account known as the Department of Justice Enhanced Financial Recovery
			 Fund (in this section referred to as the Fund).
				(b)DepositsNotwithstanding section 3302 of title 31,
			 United States Code, or any other law regarding the crediting of collections,
			 there shall be credited as an offsetting collection to the Fund an amount equal
			 to—
					(1)2 percent of any amount collected pursuant
			 to civil debt collection litigation activities of the Department of Justice (in
			 addition to any amount credited under section 11013 of the 21st Century
			 Department of Justice Appropriations Authorization Act (28 U.S.C. 527
			 note));
					(2)5 percent of all amounts collected as
			 restitution due to the United States pursuant to the criminal debt collection
			 litigation activities of the Department of Justice; and
					(3)any late fee collected under section 3612
			 of title 18, United States Code, as amended by this Act, or section 3011 of
			 title 28, United States Code, as amended by this Act.
					(c)AvailabilityThe amounts credited to the Fund shall
			 remain available until expended.
				(d)Payments from the fund To support enhanced
			 enforcement of judgments
					(1)Use for collection
						(A)In generalExcept as provided in paragraph (2), the
			 Attorney General shall use not less than $20,000,000 of the Fund in each fiscal
			 year, to the extent that funds are available, for the collection of civil and
			 criminal judgments by the Department of Justice, including restitution
			 judgments where the beneficiaries are the victims of crime.
						(B)AllocationThe funds described in subparagraph (A)
			 shall be used to enhance, supplement, and improve the civil and criminal
			 judgment enforcement efforts of the Department of Justice first, and primarily
			 for such activities by United States attorneys’ offices. A portion of the funds
			 described in subparagraph (A) may be used by the Attorney General to provide
			 legal, investigative, accounting, and training support to the United States
			 attorneys’ offices in carrying out civil and criminal debt collection
			 activities.
						(C)LimitationThe funds described in subparagraph (A) may
			 not be used to determine whether a defendant is guilty of an offense or liable
			 to the United States, except incidentally for the provision of assistance
			 necessary or desirable in a case to ensure the preservation of assets or the
			 imposition of a judgment, which assists in the enforcement of a judgment, or in
			 a proceeding directly related to the failure of a defendant to satisfy the
			 monetary portion of a judgment.
						(2)Adjustment of amountIn each fiscal year following the first
			 fiscal year in which deposits into the Fund are greater than $20,000,000, the
			 amount to be used under paragraph (1)(A) shall be increased by a percentage
			 equal to the change in the Consumer Price Index published by the Bureau of
			 Labor Statistics of the Department of Labor for the calendar year preceding
			 that fiscal year.
					(3)LimitationIn any fiscal year, amounts in the Fund
			 shall be available to the extent that the amount appropriated in that fiscal
			 year for the purposes described in paragraph (1) is not less than an amount
			 equal to the amount appropriated for such activities in fiscal year 2006,
			 adjusted annually in the same proportion as increases reflected in the amount
			 of aggregate level of appropriations for the Executive Office of United States
			 Attorneys and United States Attorneys.
					(e)Current agency share
			 contributionsAfter expending
			 amounts in the Fund as provided under subsection (d), the Attorney General may
			 use amounts remaining in the Fund to offset additional agency share
			 contributions made by the Department of Justice for personnel benefit expenses
			 incurred as a result of this Act or the amendments made by this Act relating to
			 service as an assistant United States attorney on or after the date of
			 enactment of this Act. The availability of amounts from the Fund shall have no
			 effect on the implementation of title II or the amendments made by title
			 II.
				(f)Retroactive agency share
			 contributionsAfter expending
			 amounts in the Fund as provided under subsection (e), the Attorney General may
			 use amounts remaining in the Fund to offset agency share contributions made by
			 the Department of Justice for personnel benefit expenses incurred as a result
			 of this Act or the amendments made by this Act relating to service as an
			 assistant United States attorney before the date of enactment of this
			 Act.
				(g)Rebate of agency offsetsAfter expending amounts in the Fund as
			 provided under subsection (f), all amounts remaining in the Fund shall be
			 credited, proportionally, to the Federal agencies on behalf of which debt
			 collection litigation activities were conducted that resulted in deposits under
			 paragraph (1) or (2) of subsection (b) during that fiscal year.
				(h)Payments to the general fundAfter expending amounts in the Fund as
			 provided under subsection (g), all amounts remaining in the Fund shall be
			 deposited with the General Fund of the United States Treasury.
				(i)DefinitionIn this section, the term United
			 States—
					(1)includes—
						(A)the executive departments, the judicial and
			 legislative branches, the military departments, and independent establishments
			 of the United States; and
						(B)corporations primarily acting as
			 instrumentalities or agencies of the United States; and
						(2)except as provided in paragraph (1), does
			 not include any contractor of the United States.
					107.Effective dates
				(a)In generalExcept as provided in this section, this
			 title and the amendments made by this title shall take effect 30 days after the
			 date of enactment of this Act.
				(b)Criminal
			 casesThe amendments made by
			 section 105 and subsection (d) of section 3612 of title 18, United States Code,
			 as added by section 101 of this Act, shall apply to any offense committed on or
			 after the date of enactment of this Act, including any offense which includes
			 conduct that continued on or after the date of enactment of this Act.
				(c)Civil casesThe amendments made by section 104 shall
			 apply to any case pending on or after the date of enactment of this Act.
				IIEquitable retirement treatment of assistant
			 United States attorneys
			201.Retirement treatment of assistant United
			 States attorneys
				(a)Civil service retirement system
					(1)Assistant United States attorney
			 definedSection 8331 of title
			 5, United States Code, is amended—
						(A)in paragraph (30), by striking
			 and at the end;
						(B)in paragraph (31), by striking the period
			 and inserting ; and; and
						(C)by adding at the end the following:

								(32)assistant United States
				attorney—
									(A)means an assistant United States attorney
				appointed under section 542 of title 28; and
									(B)includes an individual—
										(i)appointed United States attorney under
				section 541 or 546 of title 28;
										(ii)who has previously served as an assistant
				United States attorney; and
										(iii)who elects under section 202 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009 to be treated as an
				assistant United States attorney and solely for the purposes of this
				title.
										.
						(2)Retirement treatmentChapter 83 of title 5, United States Code,
			 is amended by adding after section 8351 the following:

							8352.Assistant United States
				attorneysAn assistant United
				States attorney shall be treated in the same manner and to the same extent as a
				law enforcement officer for purposes of this chapter, except as follows:
								(1)Section 8335(b)(1) of this title (relating
				to mandatory separation) shall not apply.
								(2)Section 8336(c)(1) of this title (relating
				to immediate retirement at age 50 with 20 years of service as a law enforcement
				officer) shall apply to assistant United States attorneys except the age for
				immediate retirement eligibility shall be 57 instead of
				50.
								.
					(3)Technical and conforming
			 amendments
						(A)Table of sectionsThe table of sections for chapter 83 of
			 title 5, United States Code, is amended by inserting after the item relating to
			 section 8351 the following:

									Sec. 8352. Assistant United States
				attorneys.

								.
						(B)Mandatory separationSection 8335(a) of title 5, United States
			 Code, is amended by striking 8331(29)(A) and inserting
			 8331(30)(A).
						(b)Federal employees’ retirement
			 system
					(1)Assistant United States attorney
			 definedSection 8401 of title
			 5, United States Code, is amended—
						(A)in paragraph (35), by striking
			 and at the end;
						(B)in paragraph (36), by striking the period
			 and inserting ; and; and
						(C)by adding at the end the following:

								(37)assistant United States
				attorney—
									(A)means an assistant United States attorney
				appointed under section 542 of title 28; and
									(B)includes an individual—
										(i)appointed United States attorney under
				section 541 or 546 of title 28;
										(ii)who has previously served as an assistant
				United States attorney; and
										(iii)who elects under section 202 of the
				Enhanced Restitution Enforcement and
				Equitable Retirement Treatment Act of 2009 to be treated as an
				assistant United States attorney and solely for the purposes of this
				title.
										.
						(2)Retirement treatmentSection 8402 of title 5, United States
			 Code, is amended by adding at the end the following:

							(h)An assistant United States attorney shall
				be treated in the same manner and to the same extent as a law enforcement
				officer for purposes of this chapter, except as follows:
								(1)Section 8425(b)(1) of this title (relating
				to mandatory separation) shall not apply.
								(2)Section 8412(d) of this title (relating to
				immediate retirement at age 50 with 20 years of service as a law enforcement
				officer) shall apply to assistant United States attorneys except the age for
				immediate retirement eligibility shall be 57 instead of
				50.
								.
					(c)Mandatory separationSections 8335(b)(1) and 8425(b)(1) of title
			 5, United States Code, are each amended by adding at the end the following:
			 This subsection shall not apply in the case of an assistant United
			 States attorney..
				202.Provisions relating to incumbents
				(a)DefinitionsIn this section—
					(1)the term assistant United States
			 attorney means an assistant United States attorney appointed under
			 section 542 of title 28, United States Code; and
					(2)the term incumbent means an
			 individual who, on the date of enactment of this Act—
						(A)is serving as an assistant United States
			 attorney;
						(B)is serving as a United States Attorney
			 appointed under section 541 or 546 of title 28, United States Code; or
						(C)is employed by the Department of Justice
			 and has served at least 10 years as an assistant United States attorney.
						(b)Notice requirementNot later than 180 days after the date of
			 enactment of this Act, the Department of Justice shall take measures reasonably
			 designed to provide notice to incumbents on—
					(1)their election rights under this title;
			 and
					(2)the effects of making or not making a
			 timely election under this title.
					(c)Election available to incumbents
					(1)In generalAn incumbent may elect, for all purposes,
			 to be treated—
						(A)in accordance with the amendments made by
			 this title; or
						(B)as if this title had never been
			 enacted.
						(2)Time limitationAn election under this subsection shall not
			 be effective unless the election is made not later than the earlier of—
						(A)180 days after the date on which the notice
			 under subsection (b) is provided; or
						(B)the date on which the incumbent involved
			 separates from service.
						(3)Failure to electFailure to make a timely election under
			 this subsection shall be deemed—
						(A)for an assistant United States attorney, as
			 an election under paragraph (1)(A); and
						(B)for any other incumbent, as an election
			 under paragraph (1)(B).
						(d)Limited retroactive effect
					(1)Effect on retirementIn the case of an incumbent who elects (or
			 is deemed to have elected) the option under subsection (c)(1)(A), all service
			 performed by that individual as an assistant United States attorney
			 shall—
						(A)to the extent performed on or after the
			 effective date of that election, be treated in accordance with applicable
			 provisions of subchapter III of chapter 83 or chapter 84 of title 5, United
			 States Code, as amended by this title; and
						(B)to the extent performed before the
			 effective date of that election, be treated in accordance with applicable
			 provisions of subchapter III of chapter 83 or chapter 84 of title 5, United
			 States Code, as if the amendments made by this title had then been in
			 effect.
						(2)Creditable serviceAll service performed by an incumbent under
			 an appointment under section 515, 541, 543, or 546 of title 28, United States
			 Code, and while concurrently employed by the Department of Justice shall be
			 credited in the same manner as if performed as an assistant United States
			 attorney.
					(3)No other retroactive effectNothing in this title (including the
			 amendments made by this title) shall affect any of the terms or conditions of
			 an individual’s employment (apart from those governed by subchapter III of
			 chapter 83 or chapter 84 of title 5, United States Code) with respect to any
			 period of service preceding the date on which such individual’s election under
			 subsection (c) is made (or is deemed to have been made).
					(e)Individual contributions for prior
			 service
					(1)In generalAn individual who makes an election under
			 subsection (c)(1)(A) shall, with respect to prior service performed by such
			 individual, deposit, with interest, to the Civil Service Retirement and
			 Disability Fund the difference between the individual contributions that were
			 actually made for such service and the individual contributions that would have
			 been made for such service if the amendments made by this title had then been
			 in effect.
					(2)Effect of not contributingIf the deposit required under paragraph (1)
			 is not paid, all prior service of the incumbent shall remain fully creditable
			 as law enforcement officer service, but the resulting annuity shall be reduced
			 in a manner similar to that described in section 8334(d)(2)(B) of title 5,
			 United States Code.
					(3)Prior service definedIn this subsection, the term prior
			 service means, with respect to any individual who makes an election (or
			 is deemed to have made an election) under subsection (c)(1)(A), all service
			 credited as an assistant United States attorney, but not exceeding 20 years,
			 performed by such individual before the date as of which applicable retirement
			 deductions begin to be made in accordance with such election.
					(f)RegulationsThe Office of Personnel Management shall
			 prescribe regulations necessary to carry out this title, including provisions
			 under which any interest due on the amount described under subsection (e) shall
			 be determined.
				203.Agency share contributions
				(a)In generalThe cost for current agency share
			 contributions for personnel benefits incurred as a result of this Act or the
			 amendments made by this Act may be paid from the Enhanced Financial Recovery
			 Fund. If in any fiscal year the Fund does not have a sufficient amount on
			 deposit to satisfy the cost for current agency share contributions for
			 personnel benefits incurred as a result of this Act or the amendments made by
			 this Act, the amount of the insufficiency shall be due the next fiscal
			 year.
				(b)Retroactive agency shareThe cost for retroactive agency share
			 contributions for personnel benefits incurred as a result of this Act or the
			 amendments made by this Act may be paid from the Enhanced Financial Recovery
			 Fund. Notwithstanding section 8348(f) or section 8423(b) of title 5, United
			 States Code, an amount equal to the amount remaining in the Enhanced Financial
			 Recovery Fund in any fiscal year, after the amounts credited to the Fund have
			 been expended to satisfy the requirements of subsections (d) and (e) of section
			 106 of this Act, shall be credited toward the cost for retroactive agency share
			 contributions for personnel benefits incurred as a result of this Act or the
			 amendments made by this Act until such cost, along with accumulated interest,
			 has been satisfied in full.
				(c)Use of fundsFunds appropriated for the Department of
			 Justice shall not be used to pay for the additional cost for current or
			 retroactive agency share contributions for personnel benefits incurred as a
			 result of this Act or the amendments made by this Act except as directed by the
			 Attorney General.
				204.Effective date
				(a)In generalThis title shall take effect on the date of
			 enactment of this Act.
				(b)IncumbentsIn the case of an incumbent who elects (or
			 is deemed to have elected) the option under section 202(c)(1)(A) of this title,
			 the election shall not take effect until 24 months after the date of enactment
			 of this Act, except as follows:
					(1)An incumbent with at least 30 years of
			 service as an assistant United States attorney may choose to have the election
			 take effect at any time between 6 and 24 months after the date of enactment of
			 this Act.
					(2)An incumbent with at least 25 years of
			 service credited as an assistant United States attorney may choose to have the
			 election take effect at any time between 12 and 24 months after the enactment
			 of this Act.
					(3)An incumbent with at least 20 years of
			 service credited as an assistant United States attorney may, with the approval
			 of the Attorney General, choose to have the election take effect at any time
			 between 6 and 24 months after the date of enactment of this Act.
					(4)An incumbent with at least 20 years service
			 credited as an assistant United States attorney and who is currently serving
			 under an appointment under section 541 or 546 of title 28, United States Code,
			 may choose to have the election take effect at any time between the enactment
			 of this Act and 24 months after the date of enactment of this Act.


		II
		111th CONGRESS
		2d Session
		H. R. 1854
		IN THE SENATE OF THE UNITED
		  STATES

			December 9, 2009
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			January 20, 2010
			Committee discharged; referred to the
			 Committee on Environment and Public
			 Works

		AN ACT
		To amend the Water Resources Development
		  Act of 1992 to modify an environmental infrastructure project for Big Bear
		  Lake, California.

		1.Big Bear Lake,
			 CaliforniaSection 219(f)(84)
			 of the Water Resources Development Act of 1992 (121 Stat. 1259) is amended to
			 read as follows:

				(84)Big Bear Lake,
				California$9,000,000 for
				water supply infrastructure improvements for Big Bear Lake,
				California.
				.

			Passed the House of
			 Representatives December 8, 2009.
			Lorraine C. Miller,
			Clerk.


113 HR 1437 IH: Honorable Stephanie Tubbs Jones College Fire Prevention Act
U.S. House of Representatives
2013-04-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1437
		IN THE HOUSE OF REPRESENTATIVES

			April 9, 2013
			Ms. Fudge (for
			 herself, Mr. Rangel,
			 Mr. McGovern,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Price of North Carolina,
			 Mr. Conyers,
			 Mr. Danny K. Davis of Illinois,
			 Mr. Lewis,
			 Ms. Clarke,
			 Mr. Cummings,
			 Mr. Clay, and
			 Ms. Brown of Florida) introduced the
			 following bill; which was referred to the Committee on Education and the
			 Workforce

		A BILL
		To establish the Honorable Stephanie Tubbs Jones Fire
		  Suppression Demonstration Incentive Program within the Department of Education
		  to promote installation of fire sprinkler systems, or other fire suppression or
		  prevention technologies, in qualified student housing and dormitories, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Honorable Stephanie Tubbs Jones
			 College Fire Prevention Act.
		2.DefinitionsIn this Act:
			(1)Approved fire
			 suppression systemThe term approved fire suppression
			 system means a fire suppression system that—
				(A)meets with
			 applicable codes and standards for the jurisdiction where it is being
			 installed, or the standards promulgated by national model code organizations
			 such as the National Fire Protection Association or the International Code
			 Council;
				(B)ensures that the
			 safety of students with disabilities is met; and
				(C)may
			 include—
					(i)an
			 automatic fire sprinkler system;
					(ii)a
			 fire and smoke alarm and detection system; and
					(iii)a mass
			 communication system that can be used in the event of a fire, disaster, or
			 other emergency.
					(2)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given the term in section 102 of the Higher
			 Education Act of 1965 (20 U.S.C. 1002).
			(3)SecretaryThe
			 term Secretary means the Secretary of Education.
			3.Establishment of
			 the Honorable Stephanie Tubbs Jones Fire Suppression Demonstration Incentive
			 Program
			(a)GrantsThe
			 Secretary, in consultation with the United States Fire Administration, shall
			 establish a demonstration program to award grants on a competitive basis to any
			 eligible entity for the purpose of installing approved fire suppression systems
			 in student housing and dormitories owned or controlled by that eligible
			 entity.
			(b)Eligible
			 entityIn this Act, the term eligible entity means
			 any of the following:
				(1)An institution of higher education,
			 including an institution eligible to receive assistance under part A or B of
			 title III or title V of the Higher Education Act of 1965 (20 U.S.C. 1057 et
			 seq.; 20 U.S.C. 1060 et seq.; 20 U.S.C. 1101 et seq.).
				(2)A social fraternity or sorority exempt from
			 taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.
			 501(a)), the active membership of which consists primarily of students in
			 attendance at an institution of higher education.
				(c)Selection
			 priorityIn making grants under
			 subsection (a), the Secretary shall give
			 priority to eligible entities that demonstrate the greatest financial
			 need.
			(d)Reserved
			 amounts
				(1)In
			 generalOf the amount made available to the Secretary for grants
			 under this section for each fiscal year, the Secretary shall award—
					(A)not less than 10 percent to eligible
			 entities that are institutions described in
			 subsection (b)(1) that are eligible to
			 receive assistance under part A or B of title III or title V of the Higher
			 Education Act of 1965 (20 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq.; 20
			 U.S.C. 1101 et seq.); and
					(B)not less than 10
			 percent to eligible entities that are social fraternities and sororities
			 described in
			 subsection (b)(2).
					(2)Plan
			 requiredThe Secretary shall
			 develop a plan to inform eligible entities described in
			 subparagraphs (A) and
			 (B) of
			 paragraph (1) that such entities may be
			 eligible to apply for grants under this section.
				(3)Insufficient
			 applicantsIf the Secretary
			 determines that there are an insufficient number of qualified applicants to
			 award the reserved amounts required in accordance with
			 paragraph (1), the Secretary shall make
			 available the remainder of such reserved amounts for use by other eligible
			 entities.
				(e)ApplicationTo
			 seek a grant under this section, an eligible entity shall submit an application
			 to the Secretary at such time, in such manner, and accompanied by such
			 information as the Secretary may require.
			(f)Matching
			 requirementAs a condition of receipt of a grant under
			 subsection (a), the eligible entity shall
			 provide (directly or through donations from public or private entities)
			 non-Federal matching funds in an amount equal to not less than 50 percent of
			 the cost of the activities for which assistance is sought.
			(g)Supplement Not
			 SupplantFunds made available
			 under this program shall be used to supplement, not supplant, other funds that
			 would otherwise be expended to carry out fire safety activities.
			(h)Limitation on
			 administrative expensesNot more than 2 percent of a grant made
			 under
			 subsection (a) may be expended for
			 administrative expenses with respect to the grant.
			(i)ReportsNot
			 later than 12 months after the date of the first award of a grant under this
			 section and annually thereafter until completion of the program, the Secretary
			 shall provide to Congress a report that includes—
				(1)the number and
			 types of eligible entities receiving assistance under this section;
				(2)the amount of
			 assistance received under this section, the amount and source of non-Federal
			 funding leveraged for activities under grants under this section, and any other
			 relevant financial information;
				(3)the number and
			 types of student housing fitted with fire suppression or prevention
			 technologies with assistance under this section, and the number of students
			 protected by such technologies;
				(4)the types of fire
			 suppression or prevention technologies installed with assistance under this
			 section, and the costs of such technologies;
				(5)identification of
			 any Federal, State, or local policy that presents an impediment to the
			 development and installation of fire suppression or prevention technologies;
			 and
				(6)any other
			 information determined by the Secretary to be useful in evaluating the overall
			 effectiveness of the program established under this section in improving the
			 fire safety of student housing.
				(j)Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as may be
			 necessary for each of the fiscal years 2014 through 2016.
			4.Admissibility as
			 evidence
			(a)ProhibitionNotwithstanding
			 any other provision of law and subject to
			 subsection (b), any application for
			 assistance under this Act, any negative determination on the part of the
			 Secretary with respect to such application, or any statement of reasons for the
			 determination, shall not be admissible as evidence in any proceeding of any
			 court, agency, board, or other entity.
			(b)ExceptionThis
			 section does not apply to the admission of an application, determination, or
			 statement described in
			 subsection (a) as evidence in a proceeding
			 to enforce an agreement entered into between the Secretary and an eligible
			 entity under
			 section 3.