IV
108th CONGRESS
2d Session
H. RES. 875
IN THE HOUSE OF REPRESENTATIVES

December 7, 2004
Mrs. Maloney (for herself and Mr. George Miller of California) submitted the following resolution; which was referred to the Committee on Rules

RESOLUTION
Amending the Rules of the House of Representatives respecting the availability of legislation on the Internet.

That clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period at the end of subparagraph (2) and inserting a semicolon and by adding at the end the following new subparagraph:

(3) a rule or order eliminating the reading in full of any bill, resolution, conference report, or amendment unless such measure is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration..
2.The amendment made by the first section of this resolution shall take effect immediately before noon January 3, 2005.


117 HR 4554 IH: Care That’s Fair Act
U.S. House of Representatives
2021-07-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 4554
IN THE HOUSE OF REPRESENTATIVES

July 20, 2021
Mr. Butterfield (for himself and Mr. Joyce of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XIX of the Social Security Act to provide grants for support for States to identify and act on racial disparities, and for other purposes.

1.Short titleThis Act may be cited as the Care That’s Fair Act. 2.Grants to support for States to identify and act on racial disparities under MedicaidSection 1946 of the Social Security Act (42 U.S.C. is amended by adding the following new subsection:

(d)Support for States To identify and act on racial disparities
(1)In generalThe Administrator is authorized to award grants to States in accordance with this section to analyze Medicaid claims and clinical data to study— (A)variation in Medicaid health outcomes and health care service utilization that are correlated to race and ethnicity for clinically similar patients; or
(B)the contributing clinical and social factors to poor infant and maternal health outcomes in Medicaid. (2)State applicationA State seeking approval of a grant shall submit an application to the Administrator, after April 1, 2021, and prior to September 1, 2024, in such format as the Administrator requires.
(3)LimitationsNo State shall receive— (A)more than one grant in any fiscal year; or
(B)a grant that exceeds $500,000. (4)Action reportEach State receiving a grant under this subsection must submit to the Administrator an action report no later than 2 fiscal years after being awarded the grant, which the Administrator must make public on the Centers for Medicare & Medicaid Services website and provide analysis comparing the results of the action reports across each grantee, taking into account variation in the demographics and clinical needs in each State.
(5)DefinitionsFor purposes of this section: (A)AdministratorThe term Administrator means the Administrator for the Center for Medicare and Medicaid Services.
(B)StateThe term State means any of the 50 States or the District of Columbia. (C)Clinically SimilarThe term clinically similar means, with respect to a State Medicaid program, Medicaid enrollees that have the same health status, burden of illness, comorbid conditions, and need for services.
(D)Health OutcomesThe term health outcomes means, with respect to a State Medicaid program, a change in health status for a Medicaid enrollee as a result of care interventions. (E)Health Care Service UtilizationThe term health care service utilization means, with respect to a State Medicaid program, the rate of use of a particular health care service, procedure, test, process, or care intervention.
(F)Social FactorsThe term social factors may include, but is not limited to— (i)housing;
(ii)transportation; (iii)food insecurity;
(iv)environmental conditions; (v)economic insecurity;
(vi)health literacy; (vii)family and community instability; and
(viii)interpersonal violence. (G)Action ReportThe term action report means, with respect to a State Medicaid program—
(i)a summary at the aggregate level of the results from the State analysis performed under paragraph (1); (ii)a summary of the characteristics of the study, including population included, time period covered, methodologies used, and any limitations encountered;
(iii)the actions the State plans to take or would like to take under the State Medicaid program in the next 5 years to address paragraph (1)(A) or (1)(B); and (iv)what regulatory barriers exist in enacting the steps under clause (ii).
(6)AppropriationsIn general, there are appropriated, from any funds in the Treasury not otherwise appropriated, for grants to carry out this section— (A)$5,000,000 for fiscal year 2021;
(B)$10,000,000 for fiscal year 2022; and (C)$10,000,000 for fiscal year 2023..


116 HR 1625 IH: New Economy Works to Guarantee Independence and Growth Act of 2019
U.S. House of Representatives
2019-03-07
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
		116th CONGRESS1st Session
		H. R. 1625
		IN THE HOUSE OF REPRESENTATIVES

			March 7, 2019
			Mr. Rice of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker
			 classification, to require increased reporting, and for other purposes.

 1.Short titleThis Act may be cited as the New Economy Works to Guarantee Independence and Growth Act of 2019 or the NEW GIG Act of 2019. 2.Determination of worker classification (a)In generalChapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					7706.Determination of worker classification
 (a)In generalFor purposes of this title (and notwithstanding any provision of this title not contained in this section to the contrary), if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by a service provider, then with respect to such service—
 (1)the service provider shall not be treated as an employee, (2)the service recipient shall not be treated as an employer,
 (3)any payor shall not be treated as an employer, and (4)the compensation paid or received for such service shall not be treated as paid or received with respect to employment.
							(b)General service provider requirements
 (1)In generalThe requirements of this subsection are met with respect to any service if the service provider either—
 (A)meets the requirements of paragraph (2) with respect to such service, or (B)in the case of a service provider engaged in the trade or business of selling (or soliciting the sale of) goods or services, meets the requirements of paragraph (3) with respect to such service.
								(2)General requirements
 (A)In generalThe requirements of this paragraph are met with respect to any service if the service provider, in connection with performing the service—
 (i)incurs expenses— (I)which are deductible under section 162, and
 (II)a significant portion of which are not reimbursed, (ii)agrees to perform the service for a particular amount of time, to achieve a specific result, or to complete a specific task, and
 (iii)satisfies not less than one of the factors described in subparagraph (B). (B)FactorsThe factors described in this subparagraph are the following:
 (i)The service provider has a significant investment in assets or training which are applicable to the service performed.
 (ii)The service provider is not required to perform services exclusively for the service recipient or payor.
 (iii)The service provider has not been treated as an employee by the service recipient or payor for substantially the same services during the 1-year period ending with the date of the commencement of services under the contract described in subsection (d).
 (iv)The service provider is not compensated on a basis which is tied primarily to the number of hours actually worked.
 (3)Alternative requirements with respect to sales personsIn the case of a service provider engaged in the trade or business of selling (or soliciting the sale of) goods or services, the requirements of this paragraph are met with respect to any service provided in the ordinary course of such trade or business if—
 (A)the service provider is compensated primarily on a commission basis, and (B)substantially all the compensation for such service is directly related to sales of goods or services rather than to the number of hours worked.
 (c)Place of business or own equipment requirementThe requirement of this subsection is met with respect to any service if the service provider— (1)has a principal place of business,
 (2)does not provide the service primarily in the service recipient’s place of business, (3)pays a fair market rent for use of the service recipient’s or payor's place of business, or
 (4)provides the service primarily using equipment supplied by the service provider. (d)Written contract requirementThe requirements of this subsection are met with respect to any service if such service is performed pursuant to a written contract between the service provider and the service recipient or payor, whichever is applicable, which meets the following requirements:
 (1)The contract includes each of the following: (A)The service provider’s name, taxpayer identification number, and address.
 (B)A statement that the service provider will not be treated as an employee with respect to the services provided pursuant to the contract for purposes of this title.
 (C)A statement that the service recipient or payor will withhold upon and report to the Internal Revenue Service the compensation payable pursuant to the contract consistent with the requirements of this title.
 (D)A statement that the service provider is responsible for payment of Federal, State, and local taxes, including self-employment taxes, on compensation payable pursuant to the contract.
 (E)A statement that the contract is intended to be considered a contract described in this subsection. The contract shall not fail to meet the requirements of this paragraph merely because the information described in subparagraph (A) is collected at the time payment is made for the services and not in advance, or because the contract provides that an agent of the service recipient or payor will fulfill any of the responsibilities of the service recipient or payor described in the preceding subparagraphs.(2)The term of the contract does not exceed 2 years. The preceding sentence shall not prevent one or more subsequent written renewals of the contract from satisfying the requirements of this subsection if the term of each such renewal does not exceed 2 years and if the information required under paragraph (1)(A) is updated in connection with each such renewal.
 (3)The contract (or renewal) is signed (which may include signatures in electronic form) by the service recipient or payor and the service provider not later than the date on which the aggregate payments made by the service recipient or payor to the service provider exceeds $1,000 for the year covered by the contract (or renewal).
							(e)Reporting requirements
 (1)In generalFor purposes of making any determination with respect to the liability of a service recipient or payor for any tax during any taxable year with respect to a service provider, the application of this section shall be conditioned on either the service recipient or the payor satisfying the reporting requirements applicable to such service recipient or payor under section 6041(a), 6041A(a), or 6050W with respect to such service provider for such period.
 (2)Reasonable causeFor purposes of paragraph (1), such reporting requirements shall be treated as met if the failure to satisfy such requirements is due to reasonable cause and not willful neglect.
 (f)Exception for services provided by ownerThis section shall not apply with respect to any service provided by a service provider to a service recipient or payor if the service provider owns any interest in the service recipient or the payor with respect to the service provided. The preceding sentence shall not apply in the case of a service recipient or payor the stock of which is regularly traded on an established securities market.
 (g)Limitation on reclassification by SecretaryFor purposes of this title— (1)Effect of reclassification on service recipients and payorsA determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective with respect to the service recipient or payor no earlier than the notice date if—
 (A)the service recipient or the payor entered into a written contract with the service provider which meets the requirements of subsection (d),
 (B)the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a), 6041A(a), or 6050W for all relevant taxable years with respect to the service provider,
 (C)the service recipient or the payor collected and paid over all applicable taxes imposed under subtitle C for all relevant taxable years with respect to the service provider, and
 (D)the service recipient or the payor demonstrates a reasonable basis for having determined that the service provider should not be treated as an employee under this section and that such determination was made in good faith.
 (2)Effect of reclassification on service providersA determination by the Secretary that a service provider should have been treated as an employee shall be effective with respect to the service provider no earlier than the notice date if—
 (A)the service provider entered into a written contract with the service recipient or the payor which meets the requirements of subsection (d),
 (B)the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all relevant taxable years with respect to the service recipient or the payor, and
 (C)the service provider demonstrates a reasonable basis for determining that the service provider is not an employee under this section and that such determination was made in good faith.
 (3)Notice dateFor purposes of this subsection, the term notice date means the 30th day after the earliest of— (A)the date on which the first letter of proposed deficiency which allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent,
 (B)the date on which a deficiency notice under section 6212 is sent, or (C)the date on which a notice of determination under section 7436(b)(2) is sent.
 (4)Reasonable cause exceptionThe requirements of paragraphs (1)(B), (1)(C), and (2)(B) shall be treated as met if the failure to satisfy such requirements is due to reasonable cause and not willful neglect.
 (5)No restriction on administrative or judicial reviewNothing in this subsection shall be construed as limiting any provision of law which provides an opportunity for administrative or judicial review of a determination by the Secretary.
 (h)Rule of constructionNothing in this section shall be construed as— (1)limiting the ability or right of a service provider, service recipient, or payor to apply any other provision of this title, section 530 of the Revenue Act of 1978, or any common law rules for determining whether an individual is an employee, or
 (2)establishing a prerequisite for the application of any provision of law described in paragraph (1). (i)DefinitionsFor purposes of this section—
							(1)Service provider
 (A)In generalThe term service provider means any qualified person who performs service for another person. (B)Qualified personThe term qualified person means—
 (i)any natural person, or (ii)any entity if any of the services referred to in subparagraph (A) are performed by one or more natural persons who directly own interests in such entity.
 (2)Service recipientThe term service recipient means the person for whom the service provider performs such service. (3)PayorThe term payor means—
 (A)any person, including the service recipient, who pays the service provider for performing such service, or
 (B)any marketplace platform, as defined in section 6050W(d)(3)(C). (j)RegulationsNotwithstanding section 530(d) of the Revenue Act of 1978, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out the purposes of this section..
 (b)Voluntary withholding agreements and worker classificationSection 3402(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 (4)Worker classificationAgreements under paragraph (3) shall not be taken into account in determining whether any party to such agreement is an employee or an employer for purposes of this title..
 (c)Withholding by payor in case of certain persons classified as not employeesSection 3402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(u)Extension of withholding to payments to certain persons classified as not employees
 (1)In generalFor purposes of this chapter and so much of subtitle F as relates to this chapter, compensation paid pursuant to a contract described in section 7706(d) shall be treated as if it were a payment of wages by an employer to an employee.
 (2)Amount withheldExcept as otherwise provided under subsection (i), the amount to be deducted and withheld pursuant to paragraph (1) with respect to compensation paid pursuant to any such contract during any calendar year shall be an amount equal to 5 percent of so much of the amount of such compensation as does not exceed $20,000..
 (d)Direct sellers of promotional productsSubsection (b) of section 3508 of the Internal Revenue Code of 1986 is amended— (1)in paragraph (2)(A)—
 (A)in clause (ii), by striking or at the end; (B)in clause (iii), by adding or at the end; and
 (C)by inserting after clause (iii) the following new clause:  (iv)is engaged in the trade or business of selling, or soliciting the sale of, promotional products from other than a permanent retail establishment,;
 (2)by redesignating paragraph (3) as paragraph (4); and (3)by inserting after paragraph (2) the following new paragraph:

 (3)Promotional productFor purposes of paragraph (2)(A)(iv), the term promotional product means a tangible item with permanently marked promotional words, symbols, or art of the purchaser.. (e)Reporting (1)Information at sourceSection 6041 of the Internal Revenue Code of 1986 is amended—
 (A)in subsection (a)— (i)in the heading, by striking $600 and inserting $1,000; and
 (ii)by striking $600 or more in any taxable year and inserting $1,000 or more in any taxable year; and (B)by adding at the end the following new subsection:

							(h)Special rules for certain persons classified as not employees
 (1)In generalIn the case of any service recipient or payor required to make a return under subsection (a) with respect to compensation to which section 7706(a) applies—
 (A)such return shall include— (i)the aggregate amount of such compensation paid to each person whose name is required to be included on such return,
 (ii)the aggregate amount deducted and withheld under section 3402(s) with respect to such compensation, and
 (iii)an indication of whether a copy of the contract described in section 7706(d) is on file with the service recipient or payor, and
 (B)the statement required to be furnished under subsection (d) shall include the information described in subparagraph (A) with respect to the service provider to whom such statement is furnished.
 (2)DefinitionsTerms used in this subsection which are also used in section 7706 shall have the same meaning as when used in such section..
 (2)Returns regarding payments of remuneration for services and direct salesSection 6041A of such Code is amended— (A)in paragraph (2) of subsection (a), by striking $600 and inserting $1,000; and
 (B)by adding at the end the following new subsection:  (g)Special rules for certain persons classified as not employeesRules similar to the rules of subsection (h) of section 6041 shall apply for purposes of this section..
					(3)Returns relating to payments made in settlement of payment card and third party network
 transactionsSection 6050W of such Code is amended— (A)in subsection (d), by amending paragraph (3) to read as follows:

							(3)Third party payment network
 (A)In generalThe term third party payment network means any agreement or arrangement— (i)which involves the establishment of accounts with a central organization or marketplace platform by a substantial number of persons who—
 (I)are unrelated to such organization or platform, (II)provide goods or services, and
 (III)have agreed to settle transactions for the provision of such goods or services pursuant to such agreement or arrangement,
 (ii)which provides for standards and mechanisms for settling such transactions, and (iii)which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services.
 (B)ExceptionThe term third party payment network shall not include any agreement or arrangement which provides for the issuance of payment cards. (C)Marketplace platformFor purposes of subparagraph (A), the term marketplace platform means any person who—
 (i)operates a digital website, mobile application, or similar system that facilitates the provision of goods or services by providers to recipients,
 (ii)enters into an agreement with each provider stating that such provider will not be treated as an employee with respect to such goods or services,
 (iii)provides standards and mechanisms for settling such facilitated transactions, and (iv)guarantees each provider of goods or services pursuant to such agreement that the provider will be paid for such facilitated transaction.;
 (B)by amending subsection (e) to read as follows:  (e)Exception for de minimis payments by third party settlement organizations (1)In generalA third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $1,000.
								(2)Exception
 (A)Marketplace platformsIn the case of a third party settlement organization which is a marketplace platform (as defined in subsection (d)(3)(C)) through which substantially all the participating payees are primarily engaged in the sale of goods, such marketplace platform shall be required to report any information under subsection (a) with respect to third party network transactions of such payee only if—
 (i)the amount which would otherwise be reported under subsection (a)(2) with respect to such transaction exceeds $5,000, or
 (ii)the aggregate number of transactions exceeds 50. (B)Other third party settlement organizationsIn the case of a third party settlement organization other than a marketplace platform—
 (i)the rules of subparagraph (A) shall apply in the case of information required to be reported, or which would otherwise be reported, under subsection (a) to any participating payee who is primarily engaged in the sale of goods, and
 (ii)the determination of whether a participating payee is primarily engaged in the sale of goods may be made separately for each participating payee.
 (3)Election to reportNotwithstanding paragraphs (1) and (2), a third party settlement organization may elect to report any information under subsection (a) with respect to third party network transactions of any participating payee without regard to the amount reported under subsection (a)(2) with respect to such transactions or the aggregate number of such transactions.; and
 (C)in subsection (f)— (i)in paragraph (1), by striking and at the end;
 (ii)in paragraph (2), by striking the period at the end and inserting , and; and (iii)by inserting after paragraph (2) the following new paragraph:

 (3)the amount, if any, withheld pursuant to section 3402(s).. (f)Proceedings for determination of employment statusParagraph (1) of section 7436(b) of the Internal Revenue Code of 1986 is amended to read as follows:

 (1)PetitionerA pleading may be filed under this section only by— (A)the person for whom the services are performed, including the service recipient or the payor, or
 (B)any service provider which the Secretary has determined should have been treated as an employee. All terms used in this paragraph which are also used in section 7706 have the meanings given such terms in section 7706(i).. (g)Clerical amendmentThe table of sections for chapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

						Sec. 7706. Determination of worker classification..
			(h)Effective date
 (1)In generalExcept as provided in paragraphs (2), (3), and (4), the amendments made by this section shall apply to services performed after December 31, 2019 (and to payments made for such services after such date).
 (2)Grace period to begin withholdingA contract shall not be treated as failing to meet the requirements of section 7706(d)(1)(C) of the Internal Revenue Code of 1986 (as added by this section), and a service recipient or payor shall not be treated as failing to meet any such requirement, with respect to compensation paid to a service provider before the date that is 180 days after the date of the enactment of this Act.
 (3)ReportingExcept as provided in paragraph (4), the amendments made by subsection (e) shall apply to returns the due date for which is after the date which is 2 years after the date of the enactment of this Act.
 (4)Exception for de minimis payments by third party settlement organizationsThe amendment made by subsection (e)(3)(B) shall apply to payments made after December 31, 2019.


		I
		112th CONGRESS
		1st Session
		H. R. 876
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2011
			Mrs. Capps (for
			 herself and Mr. LaTourette) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide for patient protection by establishing safe nurse staffing levels at
		  certain Medicare providers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Registered Nurse Safe Staffing Act of
			 2011.
		2.FindingsCongress makes the following
			 findings:
			(1)There are a number
			 of hospitals throughout the United States that do not provide adequate
			 registered nurse staffing to protect the health and safety of patients.
			(2)Research shows
			 that patient safety in hospitals is directly proportionate to the number of
			 registered nurses working in the hospital. Higher staffing levels by
			 experienced registered nurses are related to lower rates of negative patient
			 outcomes, including falls, infections, medication errors, and even
			 death.
			(3)Inadequate nurse
			 staffing was found to be a contributing factor in 24 percent of all
			 unanticipated events that resulted in patient death, injury, or permanent loss
			 of function.
			(4)Registered nurses
			 play a vital role in preventing patient care errors, for example registered
			 nurses intercepted 86 percent of medical errors before those errors affected
			 patients.
			(5)As a payer for
			 inpatient and outpatient hospital services for individuals entitled to benefits
			 under the Medicare program, the Federal Government has a compelling interest in
			 promoting the safety of such individuals by requiring any hospital
			 participating in that program to establish minimum safe staffing levels for
			 registered nurses.
			(6)Adequate
			 registered nurse staffing levels are necessary for the delivery of safe,
			 quality care. Inadequate registered nurse staffing levels contribute to nurse
			 burnout and exacerbate the current nursing shortage in the United
			 States.
			(7)Nearly 25 percent
			 of registered nurses indicate that they are considering leaving direct patient
			 care nursing due to inadequate nurse staffing, and nearly 60 percent of
			 registered nurses report they know of another nurse who left direct care
			 nursing because of concerns about inadequate nurse staffing.
			(8)The cost to a
			 hospital to replace a direct patient care registered nurse is more than 101
			 percent, and as much as 106 percent, of a registered nurse’s annual
			 salary.
			(9)As a result of
			 insufficient staff, registered nurses are being required to perform
			 professional services under conditions that do not support quality health care
			 or a healthful work environment for registered nurses.
			3.Establishment of
			 safe nurse staffing levels by medicare participating hospitals
			(a)Requirement of
			 medicare provider agreementSection 1866(a)(1) of the Social
			 Security Act (42 U.S.C. 1395cc(a)(1)) is amended—
				(1)in subparagraph
			 (V), by striking and at the end;
				(2)in subparagraph
			 (W), as added by section 3005 of the Patient Protection and Affordable Care Act
			 (Public Law 111–148)—
					(A)by moving such
			 subparagraph 2 ems to the left; and
					(B)by striking the
			 period at the end;
					(3)in subparagraph
			 (W), as added by section 6406(b) of the Patient Protection and Affordable Care
			 Act (Public Law 111–148)—
					(A)by moving such
			 subparagraph 2 ems to the left;
					(B)by redesignating
			 such subparagraph as subparagraph (X); and
					(C)by striking the
			 period at the end and inserting , and; and
					(4)by inserting after
			 subparagraph (X), as redesignated by paragraph (3)(B), the following new
			 subparagraph:

						(Y)in the case of a hospital (as defined
				in section 1861(e)), to meet the requirements of section
				1899B.
						.
				(b)RequirementsTitle
			 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as amended by
			 sections 3022 and 3403 of the Patient Protection and Affordable Care Act
			 (Public Law 111–148), is amended by inserting after section 1899A the following
			 new section:

					1899B.Nurse staffing requirements for medicare participating
		  hospitals(a)Implementation of
				nurse staffing plan
							(1)In
				generalEach participating hospital shall implement a
				hospital-wide staffing plan for nursing services furnished in the
				hospital.
							(2)Requirement for
				development of staffing plan by hospital nurse staffing
				committeeThe hospital-wide staffing plan for nursing services
				implemented by a hospital pursuant to paragraph (1)—
								(A)shall be developed
				by the hospital nurse staffing committee established under subsection (b);
				and
								(B)shall require that
				an appropriate number of registered nurses provide direct patient care in each
				unit and on each shift of the hospital to ensure staffing levels that—
									(i)address the unique
				characteristics of the patients and hospital units; and
									(ii)result in the
				delivery of safe, quality patient care, consistent with the requirements under
				subsection (c).
									(b)Hospital nurse
				staffing committee
							(1)EstablishmentEach
				participating hospital shall establish a hospital nurse staffing committee
				(hereinafter in this section referred to as the Committee).
							(2)CompositionA
				Committee established pursuant to this subsection shall be composed of members
				as follows:
								(A)Minimum 55
				percent nurse participationNot less than 55 percent of the
				members of the Committee shall be registered nurses who provide direct patient
				care but who are neither hospital nurse managers nor part of the hospital
				administration staff.
								(B)Inclusion of
				hospital nurse managersThe Committee shall include members who
				are hospital nurse managers.
								(C)Inclusion of
				nurses from specialty unitsThe members of the Committee shall
				include at least 1 registered nurse who provides direct care from each nurse
				specialty or unit of the hospital (each such specialty or unit as determined by
				the hospital).
								(D)Other hospital
				personnelThe Committee shall include such other personnel of the
				hospital as the hospital determines to be appropriate.
								(3)Duties
								(A)Development of
				staffing planThe Committee shall develop a hospital-wide
				staffing plan for nursing services furnished in the hospital consistent with
				the requirements under subsection (c).
								(B)Review and
				modification of staffing planThe Committee shall—
									(i)conduct regular,
				ongoing monitoring of the implementation of the hospital-wide staffing plan for
				nursing services furnished in the hospital;
									(ii)carry out
				evaluations of the hospital-wide staffing plan for nursing services at least
				annually; and
									(iii)make such
				modifications to the hospital-wide staffing plan for nursing services as may be
				appropriate.
									(C)Additional
				dutiesThe Committee shall—
									(i)develop policies
				and procedures for overtime requirements of registered nurses providing direct
				patient care and for appropriate time and manner of relief of such registered
				nurses during routine absences; and
									(ii)carry out such
				additional duties as the Committee determines to be appropriate.
									(c)Staffing plan
				requirements
							(1)Plan
				requirementsSubject to paragraph (2), a hospital-wide staffing
				plan for nursing services developed and implemented under this section
				shall—
								(A)be based upon
				input from the registered nurse staff of the hospital who provide direct
				patient care or their exclusive representatives, as well as the chief nurse
				executive;
								(B)be based upon the
				number of patients and the level and variability of intensity of care to be
				provided to those patients, with appropriate consideration given to admissions,
				discharges, and transfers during each shift;
								(C)take into account
				contextual issues affecting nurse staffing and the delivery of care, including
				architecture and geography of the environment and available technology;
								(D)take into account
				the level of education, training, and experience of those registered nurses
				providing direct patient care;
								(E)take into account
				the staffing levels and services provided by other health care personnel
				associated with nursing care, such as certified nurse assistants, licensed
				vocational nurses, licensed psychiatric technicians, nursing assistants, aides,
				and orderlies;
								(F)take into account
				staffing levels recommended by specialty nursing organizations;
								(G)establish
				adjustable minimum numbers of registered nurses based upon an assessment by
				registered nurses of the level and variability of intensity of care required by
				patients under existing conditions;
								(H)take into account
				unit and facility level staffing, quality and patient outcome data, and
				national comparisons, as available;
								(I)ensure that a
				registered nurse shall not be assigned to work in a particular unit of the
				hospital without first having established the ability to provide professional
				care in such unit; and
								(J)provide for
				exemptions from some or all requirements of the hospital-wide staffing plan for
				nursing services during a declared state of emergency (as defined in subsection
				(l)(1)) if the hospital is requested or expected to provide an exceptional
				level of emergency or other medical services.
								(2)LimitationA
				staffing system developed and implemented under this section—
								(A)shall not preempt
				any registered-nurse staffing levels established under State law or regulation;
				and
								(B)may not utilize
				any minimum number of registered nurses established under paragraph (1)(G) as
				an upper limit on the nurse staffing of the hospital to which such minimum
				number applies.
								(d)Reporting and
				release to public of certain staffing information
							(1)Requirements for
				hospitalsEach participating hospital shall—
								(A)post daily for
				each shift, in a clearly visible place, a document that specifies in a uniform
				manner (as prescribed by the Secretary) the current number of licensed and
				unlicensed nursing staff directly responsible for patient care in each unit of
				the hospital, identifying specifically the number of registered nurses;
								(B)upon request, make
				available to the public—
									(i)the nursing staff
				information described in subparagraph (A);
									(ii)a
				detailed written description of the hospital-wide staffing plan implemented by
				the hospital pursuant to subsection (a); and
									(iii)not later than
				90 days after the date on which an evaluation is carried out by the Committee
				under subsection (b)(3)(B)(ii), a copy of such evaluation; and
									(C)not less
				frequently than quarterly, submit to the Secretary in a uniform manner (as
				prescribed by the Secretary) the nursing staff information described in
				subparagraph (A) through electronic data submission.
								(2)Secretarial
				responsibilitiesThe Secretary shall—
								(A)make the
				information submitted pursuant to paragraph (1)(C) publicly available in a
				comprehensible format (as described in subsection (e)(2)(D)(ii)), including by
				publication on the Hospital Compare Internet Web site of the Department of
				Health and Human Services; and
								(B)provide for the
				auditing of such information for accuracy as a part of the process of
				determining whether the participating hospital is in compliance with the
				conditions of its agreement with the Secretary under section 1866, including
				under subsection (a)(1)(Y) of such section.
								(e)Recordkeeping;
				collection and reporting of quality data; evaluation
							(1)RecordkeepingEach
				participating hospital shall maintain for a period of at least 3 years (or, if
				longer, until the conclusion of any pending enforcement activities) such
				records as the Secretary deems necessary to determine whether the hospital has
				implemented a hospital-wide staffing plan for nursing services pursuant to
				subsection (a).
							(2)Collection and
				reporting of quality data on nursing services
								(A)In
				generalThe Secretary shall require the collection, aggregation,
				maintenance, and reporting of quality data relating to nursing services
				furnished by each participating hospital.
								(B)Use of endorsed
				measuresIn carrying out this paragraph, the Secretary shall use
				only quality measures for nursing-sensitive care that are endorsed by the
				consensus-based entity with a contract under section 1890(a).
								(C)Use of qualified
				third-party entities for collection and submission of data
									(i)In
				generalA participating hospital may enter into agreements with
				third-party entities that have demonstrated expertise in the collection and
				submission of quality data on nursing services to collect, aggregate, maintain,
				and report the quality data of the hospital pursuant to subparagraph
				(A).
									(ii)ConstructionNothing
				in clause (i) shall be construed to excuse or exempt a participating hospital
				that has entered into an agreement described in such clause from compliance
				with requirements for quality data collection, aggregation, maintenance, and
				reporting imposed under this paragraph.
									(D)Reporting of
				quality data
									(i)Publication on
				hospital compare Web siteSubject to the succeeding provisions of
				this subparagraph, the Secretary shall make the data submitted pursuant to
				subparagraph (A) publicly available, including by publication on the Hospital
				Compare Internet Web site of the Department of Health and Human
				Services.
									(ii)Comprehensible
				formatData made available to the public under clause (i) shall
				be presented in a clearly understandable format that permits consumers of
				hospital services to make meaningful comparisons among hospitals, including
				concise explanations in plain English of how to interpret the data, of the
				difference in types of nursing staff, of the relationship between nurse
				staffing levels and quality of care, and of how nurse staffing may vary based
				on patient case mix.
									(iii)Opportunity to
				correct errorsThe Secretary shall establish a process under
				which participating hospitals may review data submitted to the Secretary
				pursuant to subparagraph (A) to correct errors, if any, contained in that data
				submission before making the data available to the public under clause
				(i).
									(3)Evaluation of
				dataThe Secretary shall provide for the analysis of quality data
				collected from participating hospitals under paragraph (2) in order to evaluate
				the effect of hospital-wide staffing plans for nursing services implemented
				pursuant to subsection (a) on—
								(A)patient outcomes
				that are nursing sensitive (such as pressure ulcers, fall occurrence, falls
				resulting in injury, length of stay, and central line catheter infections);
				and
								(B)nursing workforce
				safety and retention (including work-related injury, staff skill mix, nursing
				care hours per patient day, vacancy and voluntary turnover rates, overtime
				rates, use of temporary agency personnel, and nurse satisfaction).
								(f)Refusal of
				assignmentA nurse may refuse to accept an assignment as a nurse
				in a participating hospital, or in a unit of a participating hospital,
				if—
							(1)the assignment is
				in violation of the hospital-wide staffing plan for nursing services
				implemented pursuant to subsection (a); or
							(2)the nurse is not
				prepared by education, training, or experience to fulfill the assignment
				without compromising the safety of any patient or jeopardizing the license of
				the nurse.
							(g)Enforcement
							(1)ResponsibilityThe
				Secretary shall enforce the requirements and prohibitions of this section in
				accordance with the succeeding provisions of this subsection.
							(2)Procedures for
				receiving and investigating complaintsThe Secretary shall
				establish procedures under which—
								(A)any person may
				file a complaint that a participating hospital has violated a requirement of or
				a prohibition under this section; and
								(B)such complaints
				are investigated by the Secretary.
								(3)RemediesExcept
				as provided in paragraph (5), if the Secretary determines that a participating
				hospital has violated a requirement of this section, the Secretary—
								(A)shall require the
				hospital to establish a corrective action plan to prevent the recurrence of
				such violation; and
								(B)may impose civil
				money penalties under paragraph (4).
								(4)Civil money
				penalties
								(A)In
				generalIn addition to any other penalties prescribed by law, the
				Secretary may impose a civil money penalty of not more than $10,000 for each
				knowing violation of a requirement of this section, except that the Secretary
				shall impose a civil money penalty of more than $10,000 for each such violation
				in the case of a participating hospital that the Secretary determines has a
				pattern or practice of such violations (with the amount of such additional
				penalties being determined in accordance with a schedule or methodology
				specified in regulations).
								(B)ProceduresThe
				provisions of section 1128A (other than subsections (a) and (b)) shall apply to
				a civil money penalty under this paragraph in the same manner as such
				provisions apply to a penalty or proceeding under section 1128A.
								(C)Public notice of
				violations
									(i)Internet Web
				siteThe Secretary shall publish on an appropriate Internet Web
				site of the Department of Health and Human Services the names of participating
				hospitals on which civil money penalties have been imposed under this section,
				the violation for which the penalty was imposed, and such additional
				information as the Secretary determines appropriate.
									(ii)Change of
				ownershipWith respect to a participating hospital that had a
				change in ownership, as determined by the Secretary, penalties imposed on the
				hospital while under previous ownership shall no longer be published by the
				Secretary of such Internet Web site after the 1-year period beginning on the
				date of the change in ownership.
									(5)Penalty for
				failure to collect and report quality data on nursing services
								(A)In
				generalIn the case of a participating hospital that fails to
				comply with requirements under subsection (e)(2) to collect, aggregate,
				maintain, and report quality data relating to nursing services furnished by the
				hospital, instead of the remedies described in paragraph (3), the provisions of
				subparagraph (B) shall apply with respect to each such failure of the
				participating hospital.
								(B)PenaltyIn
				the case of a failure by a participating hospital to comply with the
				requirements under subsection (e)(2) for a year, each such failure shall be
				deemed to be a failure to submit data required under section 1833(t)(17)(A),
				section 1886(b)(3)(B)(viii), section 1886(j)(7)(A), or section 1886(m)(5)(A),
				as the case may be, with respect to the participating hospital involved for
				that year.
								(h)Whistleblower
				protections
							(1)Prohibition of
				discrimination and retaliationA participating hospital shall not
				discriminate or retaliate in any manner against any patient or employee of the
				hospital because that patient or employee, or any other person, has presented a
				grievance or complaint, or has initiated or cooperated in any investigation or
				proceeding of any kind, relating to—
								(A)the hospital-wide
				staffing plan for nursing services developed and implemented under this
				section; or
								(B)any right, other
				requirement or prohibition under this section, including a refusal to accept an
				assignment described in subsection (f).
								(2)Relief for
				prevailing employeesAn employee of a participating hospital who
				has been discriminated or retaliated against in employment in violation of this
				subsection may initiate judicial action in a United States district court and
				shall be entitled to reinstatement, reimbursement for lost wages, and work
				benefits caused by the unlawful acts of the employing hospital. Prevailing
				employees are entitled to reasonable attorney's fees and costs associated with
				pursuing the case.
							(3)Relief for
				prevailing patientsA patient who has been discriminated or
				retaliated against in violation of this subsection may initiate judicial action
				in a United States district court. A prevailing patient shall be entitled to
				liquidated damages of $5,000 for a violation of this statute in addition to any
				other damages under other applicable statutes, regulations, or common law.
				Prevailing patients are entitled to reasonable attorney's fees and costs
				associated with pursuing the case.
							(4)Limitation on
				actionsNo action may be brought under paragraph (2) or (3) more
				than 2 years after the discrimination or retaliation with respect to which the
				action is brought.
							(5)Treatment of
				adverse employment actionsFor purposes of this
				subsection—
								(A)an adverse
				employment action shall be treated as discrimination or retaliation; and
								(B)the term
				adverse employment action includes—
									(i)the failure to
				promote an individual or provide any other employment-related benefit for which
				the individual would otherwise be eligible;
									(ii)an adverse
				evaluation or decision made in relation to accreditation, certification,
				credentialing, or licensing of the individual; and
									(iii)a personnel
				action that is adverse to the individual concerned.
									(i)Relationship to
				State lawsNothing in this section shall be construed as
				exempting or relieving any person from any liability, duty, penalty, or
				punishment provided by the law of any State or political subdivision of a
				State, other than any such law which purports to require or permit any action
				prohibited under this title.
						(j)Relationship to
				conduct prohibited under the national labor relations Act or other collective
				bargaining lawsNothing in this section shall be construed
				as—
							(1)permitting conduct
				prohibited under the National Labor Relations Act or under any other Federal,
				State, or local collective bargaining law; or
							(2)preempting,
				limiting, or modifying a collective bargaining agreement entered into by a
				participating hospital.
							(k)Regulations
							(1)In
				generalThe Secretary shall promulgate such regulations as are
				appropriate and necessary to implement this section.
							(2)Implementation
								(A)In
				generalExcept as provided in subparagraph (B), as soon as
				practicable but not later than 2 years after the date of the enactment of this
				section, a participating hospital shall have implemented a hospital-wide
				staffing plan for nursing services under this section.
								(B)Special rule for
				rural hospitalsIn the case of a participating hospital located
				in a rural area (as defined in section 1886(d)(2)(D)), such participating
				hospital shall have implemented a hospital-wide staffing plan for nursing
				services under this section as soon as practicable but not later than 4 years
				after the date of the enactment of this section.
								(l)DefinitionsIn
				this section:
							(1)Declared State of emergencyThe term declared state of
				emergency means an officially designated state of emergency that has
				been declared by the Federal Government or the head of the appropriate State or
				local governmental agency having authority to declare that the State, county,
				municipality, or locality is in a state of emergency, but does not include a
				state of emergency that results from a labor dispute in the health care
				industry or consistent understaffing.
							(2)Participating
				hospitalThe term participating hospital means a
				hospital (as defined in section 1861(e)) that has entered into a provider
				agreement under section 1866.
							(3)PersonThe
				term person means one or more individuals, associations,
				corporations, unincorporated organizations, or labor unions.
							(4)Registered
				nurseThe term registered nurse means an individual
				who has been granted a license to practice as a registered nurse in at least 1
				State.
							(5)ShiftThe
				term shift means a scheduled set of hours or duty period to be
				worked at a participating hospital.
							(6)UnitThe
				term unit means, with respect to a hospital, an organizational
				department or separate geographic area of a hospital, including a burn unit, a
				labor and delivery room, a post-anesthesia service area, an emergency
				department, an operating room, a pediatric unit, a stepdown or intermediate
				care unit, a specialty care unit, a telemetry unit, a general medical care
				unit, a subacute care unit, and a transitional inpatient care
				unit.
							.


 HR 1953 ENR: San Francisco Old Mint Commemorative Coin Act
U.S. House of Representatives
0
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 Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 1953

AN ACT
To require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, otherwise known as the Granite Lady, and for other purposes.

1.Short titleThis Act may be cited as the San Francisco Old Mint Commemorative Coin Act.
2.FindingsThe Congress hereby finds as follows:
(1)The Granite Lady played an important role in the history of the Nation.
(2)The San Francisco Mint was established pursuant to an Act of Congress of July 3, 1852, to convert miners’ gold from the California gold rush into coins.
(3)The San Francisco Old Mint Building was designed by architect A.B. Mullett, who also designed the United States Treasury Building and the Old Executive Office Building.
(4)The solid construction of the Granite Lady enabled it to survive the 1906 San Francisco earthquake and fire, making it the only financial institution that was able to operate immediately after the earthquake as the treasury for disaster relief funds for the city of San Francisco.
(5)Coins struck at the San Francisco Old Mint are distinguished by the S mint mark.
(6)The San Francisco Old Mint is famous for having struck many rare, legendary issues, such as the 1870-S $3 coin, which is valued today at well over $1,000,000, and the 1894-S dime which is comparatively rare.
(7)The San Francisco Old Mint Commemorative Coin will be the first commemorative coin to honor a United States mint.
3.Coin specifications
(a)DenominationsNotwithstanding any other provision of law, and in commemoration of the San Francisco Old Mint, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall mint and issue the following coins:
(1)$5 gold coinsNot more than 100,000 $5 coins, which shall—
(A)weigh 8.359 grams;
(B)have a diameter of 0.850 inches; and
(C)contain 90 percent gold and 10 percent alloy.
(2)$1 silver coinsNot more than 500,000 $1 coins, which shall—
(A)weigh 26.73 grams;
(B)have a diameter of 1.500 inches; and
(C)contain 90 percent silver and 10 percent copper.
(b)Legal tenderThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.
(c)Numismatic itemsFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.
4.Design of coins
(a)Design requirements
(1)In generalThe design of the coins minted under this Act shall be emblematic of the San Francisco Old Mint Building, its importance to California and the history of the United States, and its role in rebuilding San Francisco after the 1906 earthquake and fire.
(2)Designation and inscriptionsOn each coin minted under this Act there shall be—
(A)a designation of the value of the coin;
(B)an inscription of the year 2006; and
(C)inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum.
(b)SelectionThe design for the coins minted under this Act shall be—
(1)selected by the Secretary, after consultation with the Commission of Fine Arts, and the Board of the San Francisco Museum and Historical Society; and
(2)reviewed by the Citizens Coinage Advisory Committee.
5.Issuance of coins
(a)Quality of coinsCoins minted under this Act shall be issued in uncirculated and proof qualities.
(b)Mint facilityThe coins authorized under this Act shall be struck at the San Francisco Mint to the greatest extent possible.
(c)Period for issuanceThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006.
6.Sale of coins
(a)Sale priceThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of—
(1)the face value of the coins;
(2)the surcharge provided in section 7(a) with respect to such coins; and
(3)the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).
(b)Bulk salesThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.
(c)Prepaid orders
(1)In generalThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins.
(2)DiscountSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.
7.Surcharges
(a)In generalAll sales of coins minted under this Act shall include a surcharge as follows:
(1)A surcharge of $35 per coin for the $5 coin.
(2)A surcharge of $10 per coin for the $1 coin.
(b)DistributionSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the San Francisco Museum and Historical Society for use for the purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum.
(c)AuditsThe San Francisco Museum and Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).
(d)LimitationNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.
8.Technical correctionNotwithstanding the fifth sentence of section 5112(d)(1) of title 31, United States Code, the Secretary of the Treasury may continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 HR 934 IH: Health Benefits for Miners Act of 2019
U.S. House of Representatives
2019-01-31
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 CONGRESS1st SessionH. R. 934IN THE HOUSE OF REPRESENTATIVESJanuary 31, 2019Mr. Scott of Virginia (for himself and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Surface Mining Control and Reclamation Act of 1977 to include certain retirees in the Multiemployer Health Benefit Plan, and for other purposes.
1.Short titleThis Act may be cited as the Health Benefits for Miners Act of 2019. 2.Inclusion in multiemployer health benefit plan (a)In general Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended—
(1)by striking the Health Benefits for Miners Act of 2017 both places it appears in clause (ii) and inserting the Health Benefits for Miners Act of 2019; (2)by striking , would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015 in clause (ii)(II) and inserting or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, or 2018;
(3)by striking January 1, 2017 in clause (ii) and inserting January 1, 2019; and (4)by adding at the end the following new clause:

(vi)Related coal wage agreementFor purposes of clause (ii), the term related coal wage agreement means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that— (I)is a signatory operator; or
(II)is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of the Internal Revenue Code of 1986).. (b)Effective dateThe amendments made by this section shall apply to fiscal years beginning after September 30, 2018.


113 HCON 51 IH: Expressing the sense of Congress regarding the need for investigation and prosecution of war crimes, crimes against humanity, and genocide, whether committed by officials of the Government of Syria, or members of other groups involved in civil war in Syria, and calling on the President to direct the United States representative to the United Nations to use the voice and vote of the United States to immediately promote the establishment of a Syrian war crimes tribunal, and for other purposes.
U.S. House of Representatives
2013-09-09
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.

		IV
		113th CONGRESS
		1st Session
		H. CON. RES. 51
		IN THE HOUSE OF REPRESENTATIVES

			September 9, 2013
			Mr. Smith of New
			 Jersey (for himself, Mr.
			 Wolf, Mr. DeFazio,
			 Mr. Marino,
			 Mr. Higgins,
			 Mr. Weber of Texas,
			 Mr. Huffman,
			 Mr. Culberson,
			 Mr. Pitts,
			 Mr. Rohrabacher,
			 Mr. Franks of Arizona, and
			 Mr. Fortenberry) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		CONCURRENT RESOLUTION
		Expressing the sense of Congress regarding
		  the need for investigation and prosecution of war crimes, crimes against
		  humanity, and genocide, whether committed by officials of the Government of
		  Syria, or members of other groups involved in civil war in Syria, and calling
		  on the President to direct the United States representative to the United
		  Nations to use the voice and vote of the United States to immediately promote
		  the establishment of a Syrian war crimes tribunal, and for other
		  purposes.

		Whereas the Government of Syria is reported to have
			 engaged in widespread torture, rape, and massacre of civilians, including by
			 means of chemical weapons, most recently on or about August 21, 2013;
		Whereas other groups involved in civil war in Syria,
			 including the al-Nusra Front, are reported to have engaged in torture, rape,
			 summary execution of government soldiers, kidnapping for ransom, and violence
			 against civilians, including Christians and others who are not Sunni
			 Muslims;
		Whereas these and other actions perpetrated by the
			 Government of Syria and other groups involved in civil war in Syria may
			 constitute war crimes, crimes against humanity, and genocide;
		Whereas Syria is not a state-party to the Rome Statute and
			 is not a member of the International Criminal Court;
		Whereas the international community has previously
			 established ad hoc tribunals through the United Nations to bring justice in
			 specific countries where there have been war crimes, crimes against humanity,
			 and genocide;
		Whereas ad hoc tribunals, including the International
			 Criminal Tribunal for the former Yugoslavia, the International Criminal
			 Tribunal for Rwanda, and the Special Court for Sierra Leone, have successfully
			 investigated and prosecuted war crimes, crimes against humanity, and genocide,
			 and there are many positive lessons to be learned from these three ad hoc
			 tribunals; and
		Whereas any lasting, peaceful solution to civil war in
			 Syria must be based upon justice for all, including members of all factions,
			 political parties, ethnicities, and religions: Now, therefore, be it

		1.Short titleThis concurrent resolution may be cited as
			 the Immediate Establishment of Syrian War Crimes Tribunal
			 Resolution.
		2.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)the United States should urge the
			 Government of Syria and other groups involved in civil war in Syria to
			 implement an immediate cease fire and engage in negotiations to end the
			 bloodshed;
			(2)the United States should publicly declare
			 that it is a requirement of basic justice that war crimes, crimes against
			 humanity, and genocide, whether committed by officials of the Government of
			 Syria, or members of other groups involved in civil war in Syria, should be
			 investigated and prosecuted;
			(3)the President
			 should direct the United States representative to the United Nations to use the
			 voice and vote of the United States to immediately promote the establishment of
			 a Syrian war crimes tribunal, an ad hoc court to prosecute the perpetrators of
			 such serious crimes committed during the civil war in Syria;
			(4)in working with other countries to
			 establish a Syrian war crimes tribunal, the United States should promote
			 judicial procedures that enable the prosecution of the most culpable persons
			 guilty of directing such serious crimes;
			(5)the United States should make collection of
			 information that can be supplied to a Syrian war crimes tribunal for use as
			 evidence to support the indictment and trial of any person involved in civil
			 war in Syria and responsible for war crimes, crimes against humanity, or
			 genocide in Syria an immediate priority; and
			(6)the United States should urge other
			 interested states to apprehend and deliver into the custody of a Syrian war
			 crimes tribunal persons indicted for war crimes, crimes against humanity, or
			 genocide in Syria and urge such states to provide information pertaining to
			 such crimes to the tribunal.