		I
		112th CONGRESS
		1st Session
		H. R. 3130
		IN THE HOUSE OF REPRESENTATIVES

			October 6, 2011
			Mrs. Bachmann (for
			 herself, Mr. Gibbs,
			 Mr. Franks of Arizona,
			 Mr. Gohmert,
			 Mr. Jones,
			 Mr. Huizenga of Michigan,
			 Mr. Smith of New Jersey,
			 Mr. Johnson of Ohio,
			 Mrs. Schmidt,
			 Mr. Burton of Indiana,
			 Mr. Austria,
			 Mr. King of Iowa,
			 Mr. McKinley,
			 Mr. Bucshon,
			 Mr. Lamborn,
			 Mr. Scalise,
			 Mr. Kelly,
			 Mr. Westmoreland,
			 Mr. Bilirakis,
			 Mr. Latta,
			 Mrs. Ellmers,
			 Mr. McCotter,
			 Mr. Harris,
			 Mr. Brady of Texas,
			 Mr. Long, Mr. Cravaack, Mr.
			 Boustany, Mr. Miller of
			 Florida, Mr. Palazzo, and
			 Mr. Fleming) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To ensure that women seeking an abortion receive an
		  ultrasound and an opportunity to review the ultrasound before giving informed
		  consent to receive an abortion.

		1.Short titleThis Act may be cited as the
			 Heartbeat Informed Consent
			 Act.
		2.FindingsThe Congress finds as follows:
			(1)The presence of a
			 heartbeat in a woman’s unborn child will be a material consideration to many
			 women contemplating abortion.
			(2)The presence of a
			 heartbeat in a woman’s unborn child is a developmental fact that illustrates to
			 the woman that her baby is already alive.
			(3)On about the 21st
			 or 22nd day after fertilization (which is about 5 weeks from the first day of
			 the last menstrual period) the heart of an unborn child begins to beat.
			(4)The heartbeat of
			 an unborn child can be visually detected at an early stage of pregnancy using
			 an ultrasound machine, typically, at 4 to 4.5 weeks after fertilization (6 to
			 6.5 weeks from the first day of the last menstrual period) on transvaginal
			 ultrasound, and at 5.5 to 6 weeks after fertilization (7.5 to 8 weeks from the
			 first day of the last menstrual period) on transabdominal ultrasound.
			(5)The heartbeat of
			 an unborn child can be made audible at later stages, including by using a
			 handheld Doppler fetal monitor.
			(6)Less than five
			 percent of all natural pregnancies end in spontaneous miscarriage after
			 detection of cardiac activity. A fetal heartbeat is therefore a key medical
			 indicator that an unborn child is likely to achieve the capacity for live
			 birth.
			(7)The observation of
			 a heartbeat in a woman’s unborn child, when a heartbeat has been detected, is
			 an important component of full informed consent.
			(8)Ensuring full
			 informed consent for an abortion is imperative, because of the profound
			 physical and psychological risks of an abortion. As the Supreme Court has
			 observed, [t]he medical, emotional, and psychological consequences of an
			 abortion are serious and can be lasting. H.L. v. Matheson, 450 U.S.
			 398, 411 (1981). The woman’s decision whether to abort is an important,
			 and often a stressful one, and it is desirable and imperative that it be made
			 with full knowledge of its nature and consequences. Planned Parenthood
			 v. Danforth, 428 U.S. 52, 67 (1976). Whether to have an abortion
			 requires a difficult and painful moral decision, in which some
			 women come to regret their choice to abort the infant life they once created
			 and sustained, and [s]evere depression and loss of esteem can
			 follow … The State has an interest in ensuring so grave a choice is well
			 informed. It is self-evident that a mother who comes to regret her choice to
			 abort must struggle with grief more anguished and sorrow more profound when she
			 learns, only after the event, what she once did not know … Gonzales v.
			 Carhart, 550 U.S. 124, 159–160 (2007).
			(9)Requiring
			 providers to give a woman an opportunity to observe her unborn child’s
			 heartbeat is constitutionally permissible, and the ultrasound image of an
			 unborn child is truthful, nonmisleading information. In attempting to
			 ensure that a woman apprehend the full consequences of her decision, the State
			 furthers the legitimate purpose of reducing the risk that a woman may elect an
			 abortion, only to discover later, with devastating psychological consequences,
			 that her decision was not fully informed. If the information the State requires
			 to be made available to the woman is truthful and not misleading, the
			 requirement may be permissible. (Opinion of O’Connor, Kennedy, and
			 Souter, Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992)).
			(10)Further, recent research, taking into
			 account 22 studies with control groups and more than 877,000 women over a
			 14-year period, finds that women who have had an abortion have an 81 percent
			 increased risk for mental health problems and 10 percent of the mental health
			 problems of women who have had an abortion are directly attributed to
			 abortion.
			3.Amendment to the
			 public health service actThe
			 Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the
			 end the following:

				XXXIVINFORMED
				CONSENT
					3401.DefinitionsIn this title:
						(1)AbortionThe
				term abortion means the intentional use or prescription of any
				instrument, medicine, drug, or any other substance, device, or method to
				terminate the life of an unborn child, or to terminate the pregnancy of a woman
				known to be pregnant, with an intention other than—
							(A)to produce a live
				birth and preserve the life and health of the child after live birth; or
							(B)to remove an
				ectopic pregnancy, or to remove a dead unborn child who died as the result of a
				spontaneous abortion, accidental trauma, or a criminal assault on the pregnant
				female or her unborn child.
							(2)Abortion
				providerThe term abortion provider means any person
				legally qualified to perform an abortion under applicable Federal and State
				laws.
						(3)Certified
				technicianThe term certified technician
				means—
							(A)a registered
				diagnostic medical sonographer who is certified in obstetrics and gynecology by
				the American Registry for Diagnostic Medical Sonography (ARDMS); or
							(B)a nurse midwife,
				or an advanced practice nurse practitioner in obstetrics, with certification in
				obstetrical ultrasonography.
							(4)Embryonic or
				fetal heartbeatThe term embryonic or fetal
				heartbeat means embryonic or fetal cardiac activity or the steady and
				repetitive rhythmic contraction of the embryonic or fetal heart.
						(5)Unborn
				childThe term unborn child means a member of the
				species homo sapiens, at any stage of development prior to birth.
						(6)Unemancipated
				minorThe term unemancipated minor means a minor who
				is subject to the control, authority, and supervision of his or her parents or
				guardians, as determined under the law of the State in which the minor
				resides.
						(7)WomanThe
				term woman means a female human being whether or not she has
				reached the age of majority.
						3402.Requirement of
				informed consent
						(a)Requirement of
				Compliance by ProvidersAny abortion provider in or affecting
				interstate or foreign commerce, who knowingly performs any abortion, shall
				comply with the requirements of this title.
						(b)Performance and
				Review of Ultrasound
							(1)RequirementPrior
				to a woman giving informed consent to having any part of an abortion performed,
				the abortion provider who is to perform the abortion, a certified technician,
				or another agent of the abortion provider who is competent in ultrasonography
				shall—
								(A)perform an
				obstetric ultrasound on the pregnant woman;
								(B)during the
				performance of the ultrasound, display the ultrasound images (as described in
				paragraph (2)) so that the pregnant woman may view the images; and
								(C)provide a medical
				description of the ultrasound images of the unborn child’s cardiac activity, if
				present and viewable.
								(2)Quality of
				ultrasound imagesTo be displayed in accordance with paragraph
				(1)(B), ultrasound images shall—
								(A)be of a quality
				consistent with standard medical practice;
								(B)contain the
				dimensions of the unborn child; and
								(C)accurately portray
				the presence of external members and internal organs, if present.
								(3)Ability To avert
				eyesNothing in this section shall be construed to prevent a
				pregnant woman from closing or averting her eyes from the ultrasound images
				required to be displayed, or not listening to the description of the images
				required to be given, by the provider or the provider’s agent pursuant to
				paragraph (1).
							(c)Audible
				embryonic or fetal heartbeat
							(1)RequirementPrior
				to a woman giving informed consent to having any part of an abortion performed,
				if the pregnancy is at least 8 weeks after fertilization (10 weeks from the
				first day of the last menstrual period), the abortion provider who is to
				perform the abortion, a certified technician, or another agent of the abortion
				provider shall, using a hand-held Doppler fetal monitor, make the embryonic or
				fetal heartbeat of the unborn child audible for the pregnant woman to
				hear.
							(2)Unsuccessful
				attempts at detecting heartbeatAn abortion provider, a certified
				technician, or another agent of the abortion provider shall not be in violation
				of paragraph (1) if—
								(A)the provider,
				certified technician, or agent has attempted, consistent with standard medical
				practice, to make the embryonic or fetal heartbeat of the unborn child audible
				for the pregnant woman to hear using a hand-held Doppler fetal monitor;
								(B)that attempt does
				not result in the heartbeat being made audible; and
								(C)the provider has
				offered to attempt to make the heartbeat audible at a subsequent date.
								(3)Ability To Not
				ListenNothing in this
				section shall be construed to prevent the pregnant woman from not listening to
				the sounds detected by the hand-held Doppler fetal monitor, pursuant to
				paragraph (1).
							3403.Exception for
				medical emergencies
						(a)ExceptionThe
				provisions of section 3402 shall not apply to an abortion provider in the case
				that the abortion is necessary to save the life of a mother whose life is
				endangered by a physical disorder, physical illness, or physical injury,
				including a life-endangering physical condition caused by or arising from the
				pregnancy itself.
						(b)Certification
							(1)In
				generalUpon a determination by an abortion provider under
				subsection (a) that an abortion is necessary to save the life of a mother, such
				provider shall certify the specific medical conditions that support such
				determination and include such certification in the medical file of the
				pregnant woman.
							(2)False
				statementsAn abortion provider who knowingly or recklessly
				falsifies a certification under paragraph (1) is deemed to have knowingly or
				recklessly failed to comply with this title for purposes of section
				3404.
							3404.Penalties
						(a)In
				GeneralAn abortion provider who knowingly or recklessly fails to
				comply with any provision of this title shall be subject to civil penalties in
				accordance with this section in an appropriate Federal court.
						(b)Commencement of
				ActionThe Attorney General may commence a civil action under
				this section.
						(c)First
				offenseUpon a finding by a court that a respondent in an action
				commenced under this section has knowingly or recklessly violated a provision
				of this title, the court shall notify the appropriate State medical licensing
				authority and shall assess a civil penalty against the respondent in an amount
				not to exceed $100,000 for each such violation.
						(d)Second and
				subsequent offensesUpon a
				finding by a court that the respondent in an action commenced under this
				section has knowingly or recklessly violated a provision of this title, the
				court shall notify the appropriate State medical licensing authority and shall
				assess a civil penalty against the respondent in an amount not to exceed
				$250,000 for each such violation if the respondent has been found in a prior
				civil action to have knowingly or recklessly committed another violation of a
				provision of this title.
						(e)Private Right of
				ActionA woman upon whom an abortion has been performed in
				violation of this title, or the parent or legal guardian of such a woman if she
				is an unemancipated minor, may commence a civil action against the abortion
				provider for any knowing or reckless violation of this title for actual and
				punitive
				damages.
						.
		4.PreemptionNothing in this Act or the amendments made
			 by this Act shall be construed to preempt any provision of State law to the
			 extent that such State law establishes, implements, or continues in effect
			 greater disclosure requirements regarding abortion than those provided under
			 this Act and the amendments made by this Act.
		5.SeverabilityIf any provision of this Act, an amendment
			 by this Act, or the application of such provision or amendment to any person or
			 circumstance is held to be unconstitutional, the remainder of this Act and the
			 amendments made by this Act, and the application of the provisions of such
			 remainder to any person or circumstance, shall not be affected thereby.


115 S3169 IS: New START Policy Act of 2018
U.S. Senate
2018-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3169IN THE SENATE OF THE UNITED STATESJune 28, 2018Mr. Menendez (for himself, Mr. Warner, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo establish as United States policy that, pending confirmation of the Russian Federation’s
			 continued compliance with New START, the United States should extend New
			 START through 2026.

 1.Short titleThis Act may be cited as the New START Policy Act of 2018.
 2.New START definedIn this Act, the term New START means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed April 8, 2010, and entered into force February 5, 2011 (commonly known as the New START Treaty).
 3.FindingsCongress makes the following findings: (1)Since the end of World War II, the United States has relied on a robust and effective nuclear deterrent as part of our national defense, particularly against the Soviet Union and its successor state, the Russian Federation.
 (2)In tandem with our nuclear deterrent, the United States pursued a number of arms control, disarmament, and nonproliferation agreements with the Soviet Union as a means of ensuring strategic stability and United States defense of the homeland, such as the Strategic Arms Limitation Treaty and the Strategic Arms Reduction Treaty.
 (3)The Nuclear Posture Review issued in February 2018 states that arms control agreements during the Cold War increased transparency, moderated competition, codified rough parity in strategic nuclear areas, and closed off areas of competition.
 (4)In the aftermath of the fall of the Soviet Union, the United States continues to rely on a combination of nuclear deterrence and strategic arms control to protect the United States from nuclear attack.
 (5)On April 8, 2010, the United States and the Russian Federation signed the New Strategic Arms Reduction Treaty (New START).
 (6)In an op-ed to the Washington Post dated December 2, 2010, former Secretaries of State Henry A. Kissinger, George P. Shultz, James A. Baker III, Lawrence S. Eagleburger, and Colin L. Powell all urged the Senate to ratify New START, stating that it was in the national interest to ratify.
 (7)During the ratification process, New START garnered bipartisan support, and the United States Senate approved New START on December 22, 2010, by a 71–26 vote.
 (8)New START entered into force on February 5, 2011, placing limitations on United States and Russian strategic systems, including intercontinental ballistic missiles, submarine launched ballistic missiles, and heavy bombers, as well as warheads that threatened the United States.
 (9)On February 5, 2018, the central limits on United States and Russia strategic nuclear arsenals took effect.
 (10)In March 2018, the United States and the Russian Federation exchanged data on their respective strategic nuclear arsenals in accordance with the Treaty.
 (11)Through the Treaty’s verification regime, which includes short-notice, on-site inspections at military bases and facilities, the United States is able to verify the data provided by the Russian Federation regarding its strategic nuclear arsenal. The verification regime provides both countries insight into each other’s strategic nuclear delivery systems, warheads, and facilities, as well as data exchanges to track the status and makeup of nuclear weapons systems.
 (12)During a March 2017 hearing of the Committee on Armed Services of the House of Representatives on nuclear deterrence requirements, Commander of the United States Strategic Command (STRATCOM) and Air Force General John Hyten voiced his enthusiastic support for the Treaty, saying he was a big supporter and stating when it comes to nuclear weapons and nuclear capabilities, that bilateral, verifiable arms control agreements are essential to our ability to provide an effective deterrent.
 (13)In the same hearing, Air Force General Paul Selva, the Vice Chairman of the Joint Chiefs of Staff, also endorsed the treaty, saying New START is a bilateral, verifiable agreement that gives us some degree of predictability on what our potential adversaries look like.
 (14)Lieutenant General Jack Weinstein, the Air Force Deputy Chief of Staff for Strategic Deterrence and Nuclear Integration, asserted that New START was of huge value to United States security.
 (15)The Nuclear Posture Review states that arms control agreements can foster transparency, understanding, and predictability in adversary relations, thereby reducing the risk of misunderstanding and miscalculation.
 (16)New START strengthens United States nuclear security and strategic stability by reducing the number of strategic systems in Russia’s nuclear arsenal and provides the United States with the inspection and monitoring tools necessary to confidently verify Russian compliance with New START.
 (17)New START does not restrict United States nuclear modernization programs or limit United States missile defense efforts.
 4.Statement of policyUnless the President determines and so informs Congress that Russia is not in material compliance with New START, it is the policy of the United States to extend New START from its initial termination date in February 2021 to February 2026, as allowed in the Treaty.


		I
		112th CONGRESS
		1st Session
		H. R. 3763
		IN THE HOUSE OF REPRESENTATIVES

			December 20, 2011
			Ms. Waters introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 5, United States Code, to provide for
		  additional requirements for public comments submitted in connection with
		  certain proceedings before the Federal Communications
		  Commission.

		1.Short titleThis Act may be cited as the
			 FCC Merging Entities Regulatory
			 Guidance and Ethical Reform Act of 2011 or as the
			 FCC MERGER
			 Act.
		2.FCC Rules for
			 Hidden Conflicts of InterestSection 554 of title 5, United States Code,
			 is amended by adding at the end the following:

				(f)The Federal Communications Commission shall
				create and implement rules requiring public disclosure of contributions
				received by any party that submits to the Commission facts, arguments, offers
				of settlement, or proposals of adjustment (either electronically or in
				writing), whenever such contributions may constitute a potential conflict of
				interest. The rules shall apply to all Commission proceedings, including
				rulemaking proceedings, transfers of licenses, mergers, combinations, and
				adjudicatory proceedings. Contributions subject to these rules must include but
				need not be limited to financial contributions, contributions in-kind, language
				to be filed, and offers of employment. Contributions may constitute a potential
				conflict of interest if made by a party which has a direct financial interest
				in the outcome of a pending Commission proceeding. Such rules implemented by
				the Commission shall include a requirement of a description of any
				contributions received from any party or applicant within one year of a merger,
				combination, transfer of licenses, rulemaking, or adjudicatory proceeding
				pending before the Commission, where such contributions may constitute a
				conflict of
				interest.
				.
		3.Prohibition on
			 Former Officials’ Acceptance of Employment
			(a)A former official of the Federal
			 Communications Commission may not accept employment from a regulated entity as
			 an employee, officer, director, or consultant of the regulated entity within a
			 period of one year after such former official—
				(1)presided over a proceeding in the transfer
			 of licenses acquired or formerly held by the entity offering employment to the
			 officer;
				(2)presided over a merger, combination, or
			 adjudicatory proceeding in which the entity offering employment was a party to
			 the proceeding; or
				(3)issued for the Commission—
					(A)a decision to approve a transfer of
			 licenses to the entity offering employment;
					(B)a decision in a complaint or other
			 adjudicatory proceeding in which the entity offering employment was a
			 party;
					(b)A former official of the Commission who
			 knowingly accepts compensation in violation shall be subject to administrative
			 actions and penalties as set forth in section 4.
			(c)A regulated entity that offers employment
			 to a former or current official of the Commission knowing that such offer is
			 accepted by the former or current official in violation of this subsection
			 shall be subject to administrative actions and penalties as set forth in
			 section 4.
			(d)Regulations implementing this subsection
			 shall include procedures for an official or former official of the Commission
			 to request advice from the appropriate designated Commission ethics official
			 regarding whether the official or former official would be precluded by this
			 subsection from accepting compensation from a particular regulated
			 entity.
			4.Penalties and
			 Administrative ActionsThe
			 Attorney General may bring civil action in an appropriate United States
			 District Court against any person who engages in conduct constituting a
			 violation of section 3. Upon proof of such conduct by a preponderance of the
			 evidence, the person is subject to a civil penalty. An individual who engages
			 in such conduct is subject to a civil penalty of not more than $50,000 for each
			 violation plus twice the amount of compensation which the individual was
			 offered for the prohibited conduct. An organization that engages in such
			 conduct is subject to a civil penalty of not more than $500,000 for each
			 violation plus twice the amount of compensation which the organization received
			 or offered for the prohibited conduct.


113 HR 4836 IH: To prohibit the transfer of unprivileged enemy belligerents to the United States, and for other purposes.
U.S. House of Representatives
2014-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4836
		IN THE HOUSE OF REPRESENTATIVES

			June 11, 2014
			Mrs. Blackburn (for herself and Mr. Wolf) introduced the following bill; which was referred to the Committee on Armed Services

		A BILL
		To prohibit the transfer of unprivileged enemy belligerents to the United States, and for other
			 purposes.

		1.Prohibition on transfer of unprivileged enemy belligerents to the United States
			(a)ProhibitionNo unprivileged enemy belligerent who is in the custody or under the effective control of the
			 Department of Defense or any other Federal entity may be transferred to or
			 released in the United States.
			(b)Criminal penaltiesA person who transfers or releases, or assists in the transfer or release, of an unprivileged enemy
			 belligerent to or within the United States shall be fined in accordance
			 with title 18, United States Code, imprisoned for not more than five
			 years, or both.
			(c)Unprivileged enemy belligerentFor purposes of this Act, the term unprivileged enemy belligerent has the meaning given such term in section 948a(7) of title 10, United States Code, and includes
			 any individual (other than a member of the Armed Forces) under detention
			 at United States Naval Station, Guantanamo Bay, Cuba, as of the date of
			 the enactment of this Act.
			(d)Citizens of the United StatesThis Act does not apply to any unprivileged enemy belligerent who—
				(1)is a citizen of the United States; and
				(2)has engaged in hostilities within the United States and/or its territories.
				(e)TerminationThe provisions of this Act shall expire on December 31, 2017.


114 HR 657 IH: To direct the United States Postal Service to designate a single, unique ZIP Code for Glendale, New York.
U.S. House of Representatives
2015-02-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 657
		IN THE HOUSE OF REPRESENTATIVES

			February 2, 2015
			Ms. Meng introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To direct the United States Postal Service to designate a single, unique ZIP Code for Glendale, New
			 York.

 1.Single, unique ZIP Code for Glendale, New YorkNot later than 180 days after the date of the enactment of this section, the United States Postal Service shall designate a single, unique ZIP Code applicable to the area encompassing only Glendale, New York.


		II
		110th CONGRESS
		2d Session
		S. 3354
		IN THE SENATE OF THE UNITED STATES

			July 29 (legislative
			 day, July 28), 2008
			Mr. Enzi introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To award grants for the establishment of demonstration
		  programs to enable States to develop volunteer healthcare
		  programs.

		1.Short
			 titleThis Act may be cited as
			 the Volunteer Healthcare Program Act
			 of 2008.
		2.PurposesIt is the purpose of this Act to provide
			 grants to States to—
			(1)promote access to quality health and dental
			 care for the medically underserved and uninsured through the commitment of
			 volunteers; and
			(2)encourage and enable healthcare providers
			 to provide health services to eligible individuals by providing sovereign
			 immunity protection for the provision of uncompensated services.
			3.Grants to States
			 to establish and evaluate healthcare volunteer indemnity programsPart P of title III of the Public Health
			 Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the
			 following:

				399R.Grants to
				States to establish and evaluate healthcare volunteer indemnity
				programs
					(a)In
				generalThe Secretary shall award a grant to an eligible State to
				enable such State to establish a demonstration program to—
						(1)promote access to quality health and dental
				care for the medically underserved and uninsured through the commitment of
				volunteer healthcare providers; and
						(2)encourage and enable healthcare providers
				to provide health services to eligible individuals, and ensure that eligible
				individuals have the right to recover damages for medical malpractice (in
				accordance with State law) by providing sovereign immunity protection for the
				provision of uncompensated services.
						(b)EligibilityTo
				be eligible to receive a grant under subsection (a), a State shall—
						(1)submit to the
				Secretary an application at such time, in such manner, and containing such
				information as the Secretary may require;
						(2)provide
				assurances that the State will not permit hospitals to enroll individuals
				seeking care in emergency departments into the State program; and
						(3)provide
				assurances that the State will provide matching funds in accordance with
				subsection (e).
						(c)Use of
				funds
						(1)In
				generalA State shall use amounts received under a grant under
				this section to establish a demonstration program under which—
							(A)the State will
				arrange for the provision of health and dental care to eligible individuals (as
				determined under subsection (d)) participating in the State program;
							(B)ensure that the
				health and dental care under paragraph (1) is provided by qualified healthcare
				providers that do not receive any form of compensation or reimbursement for the
				provision of such care;
							(C)sovereign
				immunity is extended to qualified healthcare providers (as defined in paragraph
				(2)) for the provision of care to eligible individuals under the State program
				under this section;
							(D)the State will
				agree not to impose any additional limitations or restrictions on the recovery
				of damages for negligent acts, other than those in effect on date of the
				establishment of the demonstration program;
							(E)the State will
				use more than 5 percent of amounts received under the grant to conduct an
				annual evaluation, and submit to the Secretary a report concerning such
				evaluation, of the State program and the activities carried out under the State
				program.
							(2)Qualified
				healthcare providers
							(A)In
				generalThe term qualified healthcare provider means
				a healthcare provider described in subparagraph (B) that—
								(i)is licensed by
				the State to provide the care involved and is providing such care in good faith
				while acting within the scope of the provider's training and practice;
								(ii)is in good
				standing with respect to such license and not on probation;
								(iii)is not, or has
				not been, subject to Medicare or Medicaid sanctions under title XVIII or XIX of
				the Social Security Act; and
								(iv)is authorized by
				the State to provide health or dental care services under the State program
				under this section.
								(B)Provider
				describedA healthcare provider described in this subparagraph
				includes—
								(i)an ambulatory
				surgical center;
								(ii)a hospital or
				nursing home;
								(iii)a physician or
				physician of osteopathic medicine;
								(iv)a physician
				assistant;
								(v)a
				chiropractic practitioner;
								(vi)a physical
				therapist;
								(vii)a registered
				nurse, nurse midwife, licensed practical nurse, or advanced registered nurse
				practitioner;
								(viii)a dentist or
				dental hygienist;
								(ix)a professional
				association, professional corporation, limited liability company, limited
				liability partnership, or other entity that provides, or has members that
				provide, health or dental care services;
								(x)a
				non-profit corporation qualified as exempt from Federal income taxation under
				section 501(c) of the Internal Revenue Code of 1986; and
								(xi)a federally
				funded community health center, volunteer corporation, or volunteer healthcare
				provider that provides health or dental care services.
								(d)PriorityPriority
				in awarding grants under this section shall be given the States that will
				provide health or dental care under the State program under this section, to
				individuals that—
						(1)have a family
				income that does not exceed 200 percent of the Federal poverty line (as defined
				in section 673(2) of the Community Health Services Block Grant Act) for a
				family of the size involved;
						(2)are not be
				covered under any health or dental insurance policy or program (as determined
				under applicable State law); and
						(3)are determined to
				be eligible for care, and referred for such care, by the State department of
				health or other entity authorized by the State for purposes of administering
				the State program under this section.
						(e)Provision of
				informationA State shall ensure that prior to the enrollment
				under a State program under this section, the individual involved shall be
				fully informed of the limitation on liability provided for under subsection
				(c)(1)(C) with respect to the provider involved and shall sign a waiver
				consenting to such care.
					(f)Matching
				requirement
						(1)In
				generalThe Secretary may not award a grant to a State under this
				section unless the State agrees, with respect to the costs to be incurred by
				the State in carrying out activities under the grant, to make available
				non-Federal contributions (in cash or in kind under paragraph (2)) toward such
				costs in an amount equal to not less than $1 for each $3 of Federal funds
				provided in the grant. Such contributions may be made directly or through
				donations from public or private entities.
						(2)Determination
				of amount of non-Federal contribution
							(A)In
				generalNon-Federal contributions required in paragraph (1) may
				be in cash or in kind, fairly evaluated, including equipment or services (and
				excluding indirect or overhead costs). Amounts provided by the Federal
				Government, or services assisted or subsidized to any significant extent by the
				Federal Government, may not be included in determining the amount of such
				non-Federal contributions.
							(B)Maintenance of
				effortIn making a determination of the amount of non-Federal
				contributions for purposes of paragraph (1), the Secretary may include only
				non-Federal contributions in excess of the average amount of non-Federal
				contributions made by the State involved toward the purpose for which the grant
				was made for the 2-year period preceding the first fiscal year for which the
				State is applying to receive a grant under this section.
							(g)Administrative
				provisions
						(1)Amount of
				grantThe amount of a grant under this section shall not exceed
				$600,000 per year for not more than 5 fiscal years.
						(2)Number of
				grantsThe Secretary shall not award more than 15 grants under
				this section.
						(h)EvaluationNot
				later than 3 years after the date of enactment of this section, and annually
				thereafter, the Secretary shall conduct an evaluation of the activities carried
				out by States under this section, and submit to the appropriate committees of
				Congress a report concerning the results of such evaluation.
					(i)Authorization
				of appropriations
						(1)In
				generalThere is authorized to be appropriated such sums as may
				be necessary to carry out this section.
						(2)EvaluationsThe
				Secretary shall use 5 percent of the amount appropriated under paragraph (1)
				for each fiscal year to carry out evaluations under subsection
				(h).
						.


116 HR 638 IH: Cost Estimates Improvement Act
U.S. House of Representatives
2019-01-17
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.

I116th CONGRESS1st SessionH. R. 638IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2019Mr. Cloud (for himself, Mr. Brooks of Alabama, Mr. DesJarlais, Mr. Yoho, Mr. Posey, Mr. Wright, Mr. Walker, Mr. Perry, Mr. Meadows, Mr. Gohmert, Mr. Mooney of West Virginia, Mr. Budd, Mr. Buck, and Mr. Norman) introduced the following bill; which was referred to the Committee on Rules, and in addition to the Committee on the Budget, 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 amend the Congressional Budget Act of 1974 to provide that any estimate prepared by the Congressional Budget Office or the Joint Committee on Taxation shall include costs relating to servicing the public debt, and for other purposes.
1.Short titleThis Act may be cited as the Cost Estimates Improvement Act. 2.CBO and JCT estimates to include debt servicing costs (a)In generalThe Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by inserting after section 406 the following:

407.Estimates to include debt servicing costs and a list of duplicative activities
(a)Cost of debt serviceAny estimate prepared by the Director of the Congressional Budget Office under section 402, and any estimate prepared by the Joint Committee on Taxation, shall include, to the extent practicable, the costs (if any) of servicing the public debt. (b)List of duplicative activitiesAny estimate prepared by the Director of the Congressional Budget Office or the Joint Committee on Taxation shall include a list of any Federal agencies, programs, and initiatives with fragmented, overlapping, or duplicative goals or activities covered by the legislation..
(b)Clerical amendmentThe table of contents of such Act is amended by inserting after the item relating to section 402 the following:   407. Estimates to include debt servicing costs and a list of duplicative activities..


113 HR 5585 IH: Granting Our People Access to Channel Choice Act of 2014
U.S. House of Representatives
2014-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5585
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2014
			Mr. Duffy introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 the Communications Act of 1934 and title 17, United States Code, to provide greater access
			 to in-State television broadcast programming for cable and satellite
			 subscribers in certain counties.

		1.Short titleThis Act may be cited as the Granting Our People Access to Channel Choice Act of 2014 or the GO PACC Act of 2014.
		2.Carriage of network station signals in certain counties
			(a)In generalPart I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding
			 at the end the following:

					343.Carriage of network station signals in certain counties
						(a)Subscriber electionA cable operator or satellite carrier shall, at the election of a subscriber in a covered county
			 with respect to a television network, provide to such subscriber—
							(1)retransmission of the signal of any local network station that such operator or carrier is required
			 to retransmit to such subscriber without regard to this section;
							(2)an in-State, adjacent-market network station retransmission; or
							(3)both such retransmissions.
							(b)Relationship to local signal carriage requirementsIf a subscriber elects to receive only an in-State, adjacent-market network station retransmission
			 under subsection (a)—
							(1)the provision of such retransmission to such subscriber shall be deemed to fulfill any obligation
			 of the cable operator or satellite carrier to provide to such subscriber
			 the signal of a local network station under section 338, 614, or 615; and
							(2)in the case of a satellite carrier that has been recognized as a qualified carrier under section
			 119(g) of title 17, United States Code, the provision of such
			 retransmission instead of the signal of a local network station shall not
			 affect the status of the satellite carrier as a qualified carrier for
			 purposes of such section and section 342 of this Act.
							(c)Requirement subject to technical feasibility for satellite carriersA satellite carrier is required to provide a retransmission under subsection (a) only to the extent
			 that such provision is technically feasible, as determined by the
			 Commission.
						(d)Treatment of in-State, adjacent-Market network station retransmissions by cable operators
							(1)Retransmission consent exceptionSection 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a
			 cable operator to a subscriber residing in a covered county.
							(2)Deemed significantly viewedIn the case of an in-State, adjacent-market network station retransmission by a cable operator to a
			 subscriber residing in a covered county, the signal of such station is
			 deemed to be significantly viewed in such county within the meaning of
			 section 76.54 of the Commission’s regulations (47 C.F.R. 76.54).
							(e)DefinitionsIn this section—
							(1)the term local network station means, with respect to a subscriber and a television network, the network station—
								(A)that is affiliated with such television network; and
								(B)within the local market of which such subscriber is located;
								(2)the term cable operator has the meaning given such term in section 602;
							(3)the terms network station and satellite carrier have the meanings given such terms in section 119(d) of title 17, United States Code;
							(4)the terms covered county and in-State, adjacent-market network station retransmission have the meanings given such terms in section 119(d) of title 17, United States Code, except that,
			 in the case of a cable operator, any reference to a satellite carrier or a
			 subscriber of a satellite carrier shall be considered to be a reference to
			 a cable operator or a subscriber of a cable operator, respectively; and
							(5)the term local market has the meaning given such term in section 122(j) of title 17, United States Code..
			(b)Treatment of in-State, adjacent-Market network station retransmissions by satellite carriersSection 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended—
				(1)in subsection (a)—
					(A)in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered
			 counties shall not count toward the limit set forth in this subparagraph.; and
					(B)in paragraph (2), by adding at the end the following:

							(I)In-State, adjacent-market network station retransmissionsNothing in this paragraph shall apply to or affect in-State, adjacent-market network station
			 retransmissions to subscribers residing in covered counties.; and
					(2)in subsection (d), by adding at the end the following:

						(6)In-State, adjacent-market network station retransmissionThe term in-State, adjacent-market network station retransmission has the meaning given such term in section 119(d) of title 17, United States Code.
						(7)Covered countyThe term covered county has the meaning given such term in section 119(d) of title 17, United States Code..
				(c)No effect on ability To receive significantly viewed signalsSection 340(b)(3) of the Communications Act of 1934 (47 U.S.C. 340(b)(3)) is amended by inserting
			 before the period at the end the following: or to a subscriber who elects under section 343(a), with respect to the network with which the
			 station whose signal is being retransmitted pursuant to this section is
			 affiliated, to receive an in-State, adjacent-market network station
			 retransmission (as defined in section 119(d) of title 17, United States
			 Code) instead of the signal of a local network station (as defined in
			 section 343(e)).
			3.Availability of copyright license
			(a)Secondary transmissions of distant television programming by satelliteSection 119 of title 17, United States Code, is amended—
				(1)in subsection (a)—
					(A)in paragraph (2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered
			 counties shall not count toward the limit set forth in this clause.; and
					(B)in paragraph (3), by inserting at the end the following new subparagraph:

							(G)In-State, adjacent-market network station retransmissionsNothing in this paragraph shall apply to or affect in-State, adjacent-market network station
			 retransmissions to subscribers residing in covered counties.; and
					(2)in subsection (d)—
					(A)in paragraph (10)—
						(i)in subparagraph (D), by striking ; or and inserting a semicolon;
						(ii)in subparagraph (E), by striking the period at the end and inserting ; or; and
						(iii)by inserting at the end the following new subparagraph:

								(F)with respect to an in-State, adjacent-market network station retransmission, is a subscriber
			 residing in a covered county.; and
						(B)by inserting at the end the following new paragraphs:

							(16)In-State, adjacent-market network station retransmissionThe term in-State, adjacent-market network station retransmission means the secondary transmission by a satellite carrier of the primary transmission of any network
			 station whose community of license is located—
								(A)in a subscriber’s State; and
								(B)in a local market that is adjacent to the subscriber’s local market.
								(17)Covered countyThe term covered county means, with respect to an in-State, adjacent-market network station retransmission to a
			 subscriber, any county to which both of the following apply:
								(A)The county is one of the following counties in the State of Wisconsin: Barron, Burnett, Dunn,
			 Pierce, Polk, St. Croix, or Washburn.
								(B)The county is not in the local market of any television broadcast station that is affiliated with
			 the same network and whose community of license is located in the
			 subscriber’s State..
					(b)Secondary transmissions of local television programming by satelliteSection 122(a) of title 17, United States Code, is amended—
				(1)in paragraph (2)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions
			 under such paragraph, in accordance with an election under section 343(a)
			 of the Communications Act of 1934); and
				(2)in paragraph (3)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions
			 under such paragraph, in accordance with an election under section 343(a)
			 of the Communications Act of 1934).


		I
		111th CONGRESS
		2d Session
		H. R. 5329
		IN THE HOUSE OF REPRESENTATIVES

			May 18, 2010
			Mr. Gene Green of
			 Texas introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To modify the project for navigation and environmental
		  restoration, Houston-Galveston Navigation Channels, Texas, authorized by the
		  Water Resources Development Act of 1996, and for other
		  purposes.

		1.Houston-Galveston Navigation
			 Channels, TexasThe project
			 for navigation and environmental restoration, Houston-Galveston Navigation
			 Channels, Texas, authorized by section 101(a)(30) of the Water Resources
			 Development Act of 1996 (110 Stat. 3666), is modified to authorize the
			 Secretary to extend the boundaries of the Galveston channel approximately 2600
			 feet beyond Pier 38, if the Secretary determines that the extension is
			 feasible.


116 HR 310 IH: West Coast Ocean Protection Act of 2019
U.S. House of Representatives
2019-01-08
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.

I116th CONGRESS1st SessionH. R. 310IN THE HOUSE OF REPRESENTATIVESJanuary 8, 2019Mr. Huffman (for himself, Mr. Swalwell of California, Mr. Takano, Mr. DeSaulnier, Mr. Levin of California, Ms. Roybal-Allard, Mr. DeFazio, Ms. DelBene, Mr. Schrader, Mr. Khanna, Ms. Barragán, Mr. Kilmer, Mr. Rouda, Mr. Garamendi, Mr. Smith of Washington, Mr. Lowenthal, Ms. Eshoo, and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington.
1.Short titleThis Act may be cited as the West Coast Ocean Protection Act of 2019. 2.Prohibition of oil and gas leasing on the outer Continental Shelf off the coast of California, Oregon, and WashingtonSection 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:

(q)Prohibition of Oil and Gas Leasing in Certain Areas of the Outer Continental ShelfNotwithstanding any other provision of this section or any other law, the Secretary of the Interior shall not issue a lease for the exploration, development, or production of oil or natural gas in any area of the outer Continental Shelf off the coast of the State of California, Oregon, or Washington..


117 HR 552 IH: Second Chance at Life Act of 2021
U.S. House of Representatives
2021-01-28
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.

I117th CONGRESS1st SessionH. R. 552IN THE HOUSE OF REPRESENTATIVESJanuary 28, 2021Mr. Lamborn (for himself, Mr. Pfluger, Mr. Allen, Mr. Duncan, Mr. Wittman, Mr. Norman, Mr. Babin, Mr. Kelly of Pennsylvania, Mr. Budd, Mr. Grothman, Mr. Mooney, Mr. Baird, Mr. Fleischmann, Mr. Banks, Mr. Luetkemeyer, Mr. Rogers of Alabama, Mr. Murphy of North Carolina, Mr. Huizenga, Mr. Estes, Mr. Jordan, Mr. LaMalfa, Mr. Cawthorn, Mr. Weber of Texas, Mr. Gibbs, Mr. Kelly of Mississippi, Mr. Joyce of Pennsylvania, Mrs. Harshbarger, Mr. Wright, Mr. Smucker, Mr. Wenstrup, Mr. Westerman, Mr. Latta, Mr. Bacon, Mr. Rutherford, Mr. Williams of Texas, Mr. Carl, Mrs. Lesko, Mr. Moore of Alabama, Mr. Gaetz, Mr. Good of Virginia, Mr. Harris, Mr. Moolenaar, Mr. McHenry, Mr. Guest, Mr. Rosendale, Ms. Herrell, Mr. Bilirakis, Mr. C. Scott Franklin of Florida, Mr. LaTurner, Mr. Hern, Mr. Kustoff, Mr. Reschenthaler, Mr. Johnson of Louisiana, Mr. Hice of Georgia, Mr. Biggs, Mrs. Boebert, Mr. Cloud, Mr. Wilson of South Carolina, Mr. Steube, Mr. Jackson, and Mr. Mast) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo ensure that a woman seeking a chemical abortion is informed that it may be possible to reverse the intended effects of the abortion if the woman changes her mind, and for other purposes.1.Short titleThis Act may be cited as the Second Chance at Life Act of 2021.2.Abortion pill reversal informed consentThe Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following:XXXIVAbortion pill reversal informed consent3401.DefinitionsIn this title:(1)Abortion providerThe term abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws.(2)Chemical abortionThe term chemical abortion means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child.(3)Unborn childThe term unborn child means a member of the species homo sapiens, at any stage of development prior to birth.(4)WomanThe term woman means a female human being whether or not she has reached the age of majority.3402.Abortion pill reversal informed consent(a)Requirement of compliance by providersEffective 30 days after the date of enactment of the Second Chance at Life Act of 2021, any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title.(b)Informed consentExcept in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following:(1)The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that—(A)it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and(B)information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b).(2)After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement:Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately..3403.Exception for medical emergencies(a)ExceptionThe provisions of section 3402 shall not apply in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.(b)CertificationUpon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.3404.Sign posting(a)PostingAny private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads:Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately..(b)Lettering; sizeThe sign required by subsection (a) shall be printed with lettering that is—(1)legible; and(2)at least three quarters of an inch boldfaced type.(c)LocationsA facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed.3405.Printed information and website(a)In generalThe Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible:(1)Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind.(2)Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion.(b)WebsiteNot later than 30 days after the date of enactment of the Second Chance at Life Act of 2021, the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following:(1)No information regarding who uses the website shall be collected or maintained.(2)The Secretary shall monitor on a regular basis the website to prevent and correct tampering.(3)The website shall be maintained at a minimum resolution of 70 DPI (dots per inch).(4)All pictures appearing on the website shall be a minimum of 200x300 pixels.(5)All letters on the website shall be a minimum of 12 point font.(6)All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins.3406.Civil remedies(a)Civil suits for violationExcept as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title:(1)A person upon whom such a chemical abortion has been performed or attempted.(2)A father of an unborn child who is the subject of such a chemical abortion.(3)A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion.(b)Barring suitA plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff’s criminal conduct.(c)Attorney’s feeIf a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney’s fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney’s fee to the defendant..3.PreemptionNothing in this Act or the amendment made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.4.SeverabilityIf any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.


113 S2564 IS: End Trafficking Act of 2014
U.S. Senate
2014-07-08
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.

		II
		113th CONGRESS2d Session
		S. 2564
		IN THE SENATE OF THE UNITED STATES

			July 7, 2014
			Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To provide justice for the victims of trafficking, to stop exploitation through trafficking, and to
			 amend
			 title 18, United States Code, by providing a penalty for knowingly selling
			 advertising that offers certain commercial sex acts.

		1.Short title; table of contents
			(a)Short titleThis Act may be cited as the
		  End Trafficking Act of 2014.
			2.Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
				Sec. 2. Table of contents.
				Sec. 3. Findings.
				Sec. 4. Purpose.
				TITLE I—Stop Advertising Victims of Exploitation
				Sec. 101. Short title.
				Sec. 102. Advertising that offers certain commercial sex acts.
				TITLE II—Child Trafficking Victims Protection
				Sec. 201. Short title.
				Sec. 202. Court-based pilot program for domestic child trafficking survivors.
				Sec. 203. Government Accountability Office reports.
				Sec. 204. Expanded definition of child abuse and neglect.
				Sec. 205. Recommendations for combating domestic child trafficking.
				Sec. 206. Education and outreach to trafficking survivors.
				Sec. 207. Enhanced penalty for fraud in labor contracting.
				Sec. 208. Expanded statute of limitations for civil actions by child trafficking survivors.
				Sec. 209. Edward Byrne Memorial Justice Assistance Grants.
			3.FindingsCongress finds the following:(1)Recent studies indicate that thousands of children and youth are at risk for human trafficking in
			 the United States.(2)A significant percentage of children and youth who are trafficked in the United States will commit
			 prostitution offenses
			 or other nonviolent offenses in connection with their exploitation by a
			 trafficker.(3)The prostitution statutes in many jurisdictions do not differentiate between adult prostitutes and
			 children or youths who have been commercially sexually exploited.(4)Evidence suggests that runaway or homeless children and youth and young adults leaving the foster
			 care system are especially vulnerable to commercial sexual exploitation.(5)The majority of children and youths who are involved in the criminal or justice systems are
			 responsive to interventions that integrate treatment, rehabilitation, and
			 support services.(6)Collaborative programs between services providers and criminal or juvenile justice systems that
			 ensure the provision of counseling, housing and related services for
			 trafficking victims can reduce the number of such individuals in
			 corrections facilities.4.Purpose(a)In generalThe purpose of this Act is to combat domestic human trafficking by facilitating
			 collaboration among the criminal justice system, juvenile justice system,
			 and support services.(b)CollaborationThe collaboration described in subsection (a) is needed—(1)to protect public safety by intervening with juvenile offenders who have been trafficked;(2)to provide courts, including new trafficking victims’ courts, with appropriate treatment options;(3)to maximize the use of alternatives to prosecution in appropriate cases involving youths who have
			 committed nonviolent offenses, such as prostitution, in connection with
			 their exploitation by a trafficker;(4)to promote adequate training for criminal justice system personnel about the unique challenges
			 facing juveniles who have been trafficked and the appropriate response to
			 such children and youths in the criminal justice system;(5)to promote communication among adult or juvenile justice personnel, medical personnel, mental
			 health treatment personnel,  and support services such as housing, job
			 placement, community, faith based, and crime victims organizations; and(6)to promote communication and collaboration among governmental officials with respect to all forms
			 of human trafficking in the United States.IStop Advertising Victims of Exploitation101.Short titleThis title may be cited as the Stop Advertising Victims of Exploitation Act of 2014 or the SAVE Act of 2014.
			102.Advertising that offers certain commercial sex actsSection 1591 of title 18, United States Code, is amended—(1)in subsection (a)—(A)in paragraph (1), by inserting advertises, after obtains,;(B)in the undesignated matter following paragraph (2), by inserting , except where, in an offense under paragraph (2), the act constituting the violation of paragraph
			 (1) is advertising, after knowing, or; and(2)in subsection (b), by striking or obtained each place such term appears and inserting obtained, or advertised.IIChild Trafficking Victims Protection201.Short titleThis title may be cited as the Child Trafficking Victims Protection Act.202.Court-based pilot program for domestic child trafficking survivors(a)In generalTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
			 amended by adding at the end the following:LLTrafficking Survivors’ Courts3021.Grants authorized(a)In generalThe Attorney General may award grants to States, State courts, local courts, units of local
			 government, and Indian tribal governments, acting directly or through
			 agreements with other public or private entities, for court-based programs
			 that involve—(1)continuing judicial supervision over offenders who—(A)are younger than 18 years of age;(B)have been trafficked; and(C)are not violent offenders; and(2)the integrated administration of other sanctions and services, which shall include—(A)housing placement and the pursuit of a high school education or its equivalent during any period of
			 supervised release or probation for each participant;(B)therapies that address issues faced by each participant, including—(i)healing from physical, sexual, and emotional abuse;(ii)depression; and(iii)self-injurious behaviors;(C)diversion, probation, or other supervised release involving the possibility of prosecution,
			 confinement, or incarceration based on noncompliance with program
			 requirements or failure to show satisfactory progress; and(D)programmatic, offender management, and other aftercare services for each participant who requires
			 such services, including—(i)domestic violence counseling;(ii)substance abuse treatment;(iii)health care;(iv)education;(v)job placement; and(vi)child care or other family support services.(b)Application requirementsAn entity described in subsection (a) may apply for a grant under this section by submitting an
			 application to the Attorney General that includes—(1)a description of the population that is targeted for the program to be funded with the grant;(2)guidelines that can be used by personnel of an adult or juvenile justice agency to identify
			 qualified program participants;(3)plans for making housing and education available to qualified offenders at the time of their
			 release from the criminal justice or juvenile justice system;(4)plans for determining the program participants’ eligibility for Federal benefits;(5)plans to make available, to the extent practicable, other support services that will ensure each
			 trafficking victim’s successful reintegration into the community, such as
			 crisis counseling, peer-to-peer support, job placement, mentoring, health
			 care, and the services of faith-based and community organizations;   and(6)a certification that the grant funds received under this section will be used to supplement, and
			 not supplant, funding sources that would otherwise be available.(c)PriorityPriority in grant funding under this section shall be accorded to grant applicants—(1)whose application details a plan for ensuring that the grant’s target population will receive pro
			 bono assistance in seeking expungement of any charges committed in
			 connection with an individual’s exploitation by a trafficker, upon the
			 completion by the individual of the court-based program of judicial
			 supervision;(2)in jurisdictions that have implemented, or that commit to implement as part of the grant
			 application process, law enforcement policies that require a shift away
			 from prosecution toward rehabilitation for minors who are victims of human
			 trafficking; and(3)in jurisdictions that have adopted demand-reduction policies to promote stricter enforcement of
			 laws imposing criminal penalties for adults involved in human trafficking
			 of minors, including adults who purchase sex from minors.(d)Records expungementIf a participant successfully completes a program of judicial supervision that receives grant
			 funding under this section, the participants shall be notified of the
			 opportunity to seek the expungement of any juvenile court records relating
			 to the crimes for which he or she was originally charged.3022.Prohibition of participation by violent offenders(a)In generalThe Attorney General shall—(1)issue regulations and guidelines to ensure that the programs authorized under this part do not
			 permit participation by violent offenders; and(2)immediately suspend funding for any grant under this part, pending compliance, if the Attorney
			 General determines that violent offenders are participating in any program
			 funded under this part.(b)Defined termIn this part, the term violent offender means a person who—(1)is charged with, or convicted of, an offense, regardless of whether any of the circumstances
			 described in subparagraph (A), (B), or (C) is an element of the offense or
			 conduct of which or for which the person is charged or convicted, during
			 the course of which offense or conduct—(A)the person carried, possessed, or used a firearm or dangerous weapon;(B)there occurred the death of or serious bodily injury to any person; or(C)there occurred the use of force against the person of another;(2)has 1 or more prior convictions for a felony crime of violence involving the use or attempted use
			 of force against a person with the intent to cause death or serious bodily
			 harm.3023.Administration(a)ConsultationThe Attorney General shall consult with the Secretary of Health and Human Services and any other
			 appropriate officials in carrying out this part.(b)Use of componentsThe Attorney General may utilize any component or components of the Department of Justice in
			 carrying out this part.(c)Applications(1)In generalTo request funds under this part, the chief executive or the chief justice of a State or the chief
			 executive or chief judge of a unit of local government or Indian tribal
			 government shall submit an application to the Attorney General in such
			 form and containing such information as the Attorney General may
			 reasonably require.(2)ContentsIn addition to any other requirements that may be specified by the Attorney General, an application
			 for a grant under this part shall include—(A)a long-term strategy and detailed implementation plan;(B)an explanation of  the applicant's inability to fund the program adequately without Federal
			 financial assistance;(C)a certification that the Federal financial assistance provided will be used to supplement, and not
			 to supplant, State, Indian tribal, and local sources of funding that would
			 otherwise be available;(D)a description of related governmental or community initiatives which complement or will be
			 coordinated with the proposal;(E)a certification that—(i)there has been appropriate consultation with all affected agencies; and(ii)there will be appropriate coordination with all affected agencies in the implementation of the
			 program;(F)a certification that participating offenders will be supervised by 1 or more designated judges with
			 responsibility for the trafficking survivors’ court program;(G)plans for obtaining necessary support and continuing the proposed program after the termination of
			 Federal financial assistance; and(H)a description of the methodology that will be used in evaluating the program.(d)Geographic distributionThe Attorney General shall ensure, to the extent practicable, that grant awards under this part are
			 equitably distributed geographically.(e)Federal shareThe Federal share of a grant awarded under this part may not exceed 75 percent of the total costs
			 of the program described in the application submitted under subsection (c)
			 for the fiscal year for which the program receives assistance under this
			 part, unless the Attorney General waives, wholly or in part, the
			 requirement of a matching contribution under this section. In-kind
			 contributions may constitute a portion of the non-Federal share of a
			 grant.3024.ReportsA State, Indian tribal government, or unit of local government that receives Federal financial
			 assistance under this part during a fiscal year shall submit a report to
			 the Attorney General not later than March 31 of the following fiscal year
			 that describes the effectiveness of the program funded under this part.3025.Technical assistance, training, evaluations, and rulemaking(a)Technical assistance and trainingThe Attorney General may provide technical assistance and training in furtherance of the purposes
			 of this part.(b)EvaluationsIn addition to any evaluation requirements that may be prescribed for grantees, the Attorney
			 General may carry out or make arrangements for evaluations of programs
			 that receive support under this part.(c)AdministrationThe technical assistance, training, and evaluations authorized under this section may be carried
			 out directly by the Attorney General, in collaboration with the Secretary
			 of Health and Human Services, or through grants, contracts, or other
			 cooperative arrangements with other entities.(d)RulemakingThe Attorney General may issue regulations and guidelines necessary to carry out this part..(b)Clerical amendmentThe table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
			 U.S.C. 3711 et seq.) is amended by adding at the end the following:Part LL—Trafficking Survivors’ Courts
							Sec. 3021. Grants authorized.
							Sec. 3022. Prohibition of participation by violent offenders.
							Sec. 3023. Administration.
							Sec. 3024. Reports.
							Sec. 3025. Technical assistance, training, evaluations, and rulemaking..(c)Authorization of appropriationsSection 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is
			 amended by adding at the end the following:(27)There are authorized to be appropriated to carry out part LL—(A)$10,000,000 for fiscal year 2015;(B)$15,000,000 for fiscal year 2016; and(C)$15,000,000 for fiscal year 2017..203.Government Accountability Office reports(a)StudyThe Comptroller General of the United States shall conduct a study of the effectiveness
			 and impact of grants authorized under part LL of title I of the Omnibus
			 Crime
			 Control and Safe Streets Act of 1968, as added by section 202.(b)Documents and informationThe Attorney General and grant recipients shall provide the Comptroller
			 General with all relevant documents and information that the Comptroller
			 General considers necessary to conduct the study under subsection (a),
			 including the identities and criminal records of program participants.(c)CriteriaIn assessing the effectiveness of the grants made under programs authorized under part LL of title
			 I of
			 the Omnibus Crime Control and Safe Streets Act of 1968, the Comptroller
			 General shall consider, among other things—(1)recidivism rates of program participants;(2)completion rates among program participants; and(3)the costs of the program to the criminal justice system.(d)Grant effectiveness reportNot later than January 1, 2017, the Comptroller General shall submit a report
			 to Congress that contains the results of the study conducted under
			 subsection (a).(e)Service gap reportNot later than 1 year after the date of the enactment of
			 this Act, the Comptroller General of the United States shall submit a
			 report to the appropriate congressional
			 committees that identifies—(1)the extent of any service gap that may persist between
			 trafficking victims who are United States citizens or lawful permanent
			 residents and foreign nationals residing in the United States since the
			 completion of the study
			 required under 213(b) of the William Wilberforce Trafficking Victims
			 Protection
			 Act (Public Law 110–457);(2)if a service gap
			 described in paragraph (1) persists—(A)the progress that Federal agencies have made in closing
			 the gap since 2009; and(B)the  deficiencies remaining as of the date of the enactment of this Act;(3)the extent to which
			 efficiencies could be achieved and duplication could be avoided by
			 consolidating existing Federal grant programs for trafficking survivors
			 that are administered by the
			 Department of Health and Human Services and the Department of Justice; and(4)options for
			 additional legislative or regulatory changes to help ensure that the
			 Nation’s criminal justice policies are adequate to combat sex trafficking
			 of minors.204.Expanded definition of child abuse and neglectThe Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(2)) is amended—(1)in section 3(2) (42 U.S.C. 5101 note), by inserting (including commercial sexual exploitation) after exploitation; and(2)in section 111(4)(A) (42 U.S.C. 5106g(4)(A)), by inserting for commercial purposes or before for the purpose of.205.Recommendations for combating domestic child trafficking(a)In generalNot later than 1 year after the submission of the study required under section 203(e), the Attorney
			 General, in consultation with other Federal agencies involved in the
			 protection of human trafficking victims who are minors, shall submit a
			 report to Congress that describes any deficiencies that exist in the
			 services that are available from private and public sources to child
			 victims of human trafficking in the United States.(b)ComponentsThe report required under subsection (a) shall include—(1)recommendations for legislative or regulatory changes to ensure the adequacy of, and parity in,
			 services and legal assistance to all child trafficking victims in the
			 United States by—(A)eliminating any perceived gaps in services; and(B)avoiding overlap and duplication in Federal programs; and(2)a list of best practices for State and local jurisdictions seeking to discourage the sex
			 trafficking of minors in the United States through the adoption of
			 demand-reduction strategies.206.Education and outreach to trafficking survivorsThe Attorney General shall make available, through the website of the Department of Justice’s
			 Office of Juvenile Justice and Delinquency Prevention, a database of
			 information for trafficking victim advocates, crisis hotline personnel,
			 foster parents, law enforcement personnel, and crime
			 survivors on counseling and hotline resources, housing resources, legal
			 assistance, and other services to trafficking survivors.207.Enhanced penalty for fraud in labor contractingSection 1351(a) of title 18, United States Code, is amended by striking that employment and all that follows and inserting the following: “that employment—(1)shall be fined under this title, imprisoned for not more than 5 years, or both; and(2)if the offense results in sexual abuse or trafficking of a foreign national who is younger than 21
			 years of age, shall be fined under this title, imprisoned for not more
			 than 10 years, or both..208.Expanded statute of limitations for civil actions by child trafficking survivorsSection 1595(c) of title 18, United States Code, is amended by striking not later than 10 years after the cause of action arose. and inserting the following: “not later than the later of—(1)10 years after the cause of action arose; or(2)10 years after the victim reaches 18 years of age, in the case of a victim who was a minor at the
			 time of the alleged offense..209.Edward Byrne Memorial Justice Assistance Grants(a)Technical assistanceThe Secretary of Health and Human Services shall provide technical assistance to States, upon
			 request, to assist with the implementation of demand reduction strategies
			 that focus on the psychology of demand for commercial sex.(b)Grant funding prioritizationSection 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended
			 by adding at the end the following:(h)Priority for grant fundingBeginning on October 1, 2016, in awarding grants under this section, the Attorney General shall
			 give priority to States
			 and units of local government that have adopted demand reduction
			 strategies
			 designed to combat minor sex
			 trafficking in the United States, in accordance with criteria established
			 by the Attorney General..


116 HR 2363 IH: Federal Transit Modernization Act of 2019
U.S. House of Representatives
2019-04-25
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. 2363IN THE HOUSE OF REPRESENTATIVESApril 25, 2019Mr. Meadows introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, with respect to employee protective arrangements, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Federal Transit Modernization Act of 2019. 2.Employee protective arrangements (a)In generalSection 5333 of title 49, United States Code, is amended—
 (1)by striking (a) Prevailing Wages Requirement.—; and (2)by striking subsection (b).
				(b)Conforming amendments
 (1)Formula grants for rural areasSection 5311(i) of title 49, United States Code, is repealed. (2)Administrative provisionsSection 5334(a)(1) of title 49, United States Code, is amended by striking (except terms the Secretary of Labor prescribes under section 5333(b) of this title).


109 HR 3865 IH: Medical Malpractice Insurance Corporation Act
U.S. House of Representatives
2005-09-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3865
IN THE HOUSE OF REPRESENTATIVES

September 22, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To provide for the establishment of medical malpractice insurance corporations which may operate and function without hindrance or impedance in any or all of the States, to limit frivolous medical malpractice lawsuits, and for other purposes.

1.Short titleThis Act may be cited as the Medical Malpractice Insurance Corporation Act.
2.DefinitionsIn this Act:
(1)ArbitrationThe term arbitration means a settlement process that—
(A)is coordinated by a neutral third party or a panel of neutral third parties, such as a medical malpractice arbitration panel established under section 4(e); and
(B)includes the ultimate rendering of a formal opinion as to factual or legal findings.
(2)ClaimantThe term claimant means any person who alleges a medical malpractice claim, and any person on whose behalf such a claim is alleged, including the decedent in the case of an action brought through or on behalf of an estate.
(3)Health care professionalThe term health care professional means any individual who provides health care services in a State and who is required by the laws or regulations of the State to be licensed or certified by the State to provide such services in the State.
(4)Health care providerThe term health care provider means a hospital or other organization or institution that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State.
(5)HospitalThe term hospital means any of the following:
(A)Any facility defined as a hospital under State law and issued an operating certificate as a hospital or nursing home.
(B)Any ambulance service which is registered or certified under State law and which is designed and equipped to provide definitive acute medical care pursuant to rules and regulations of the State health agency, which must include the provision of advanced life support services.
(C)Any community mental health center operated by a State or unit of local government, holding an operating certificate issued by the State mental hygiene agency.
(D)Any certified public or voluntary non-profit home care service agency which possesses a valid certificate of approval issued under State public health law.
(6)InjuryThe term injury means any illness, disease, or other harm that is the subject of a medical malpractice liability action or a medical malpractice claim.
(7)Medical malpractice claimThe term medical malpractice claim means a claim against a health care professional or health care provider in which a claimant alleges that injury was caused by the provision of (or the failure to provide) health care services, except that such term does not include—
(A)any claim based on an allegation of an intentional tort; or
(B)any claim based on an allegation that a product is defective or unreasonably dangerous.
(8)Medical malpractice insuranceThe term medical malpractice insurance means insurance against legal liability of the insured, and against loss, damage, or expense incident to a claim of such liability arising out of the death or injury of any person due to medical, dental, podiatric, certified nurse-midwifery, or hospital malpractice by any health care professional or health care provider.
(9)Medical malpractice liability actionThe term medical malpractice liability action means an arbitration proceeding (or a subsequent civil action brought in a State or Federal court) against a health care professional or a health care provider in which the claimant alleges a medical malpractice claim.
(10)SecretaryThe term Secretary means the Secretary of Health and Human Services.
(11)StateThe term State means the 50 States, the District of Columbia, and any Commonwealth, territory, or possession of the United States.
3.Medical malpractice insurance corporations
(a)Establishment and purposeThere are authorized to be established bodies corporate which shall provide medical malpractice insurance to health care professionals and health care providers based on customary coverage terms and liability amounts.
(b)CertificationThe Secretary for Health and Human Services shall certify as a medical malpractice insurance corporation each corporation that satisfies the requirements of subsection (d).
(c)OperationNotwithstanding any State law to the contrary, a medical malpractice insurance corporation certified under subsection (b) may operate and function without hindrance or impedance in any or all of the several States.
(d)Certification requirementsA corporation may be certified as a medical malpractice insurance corporation if—
(1)it is subject to the fiduciary standards promulgated by the Secretary for Health and Human Services, as required by subsection (e);
(2)its corporate structure is organized in such a way as to require any excess earnings to be used to reduce premiums paid by their insureds, consistent with the fiduciary standards promulgated under subsection (e); and
(3)its corporate structure is organized under the requirements of section 501(c)(3) of the Internal Revenue Code of 1986.
(e)Promulgation of and adherence to fiduciary standardsThe Secretary shall promulgate appropriate fiduciary standards to which all such medical malpractice insurance corporations shall adhere.
4.Medical malpractice dispute resolution
(a)Qualified expert opinion
(1)Accompanying affidavitNo medical malpractice liability action may be brought against a health care professional or a health care provider by any claimant unless, at the time the claimant brings the action (except as provided in subsection (c)), it is accompanied by the affidavit of a qualified specialist or medical expert containing the information required by paragraph (2).
(2)Contents of affidavitTo satisfy the requirements of paragraph (1), the affidavit shall include the specialist’s or expert’s statement of belief that, based on a review of the available medical record and other relevant material, there is a reasonable and meritorious cause for the filing of the action.
(b)Qualified specialist or medical expertWith respect to a medical malpractice liability action, a qualified specialist or medical expert is a person who has been so recognized by the Secretary or has received proper accreditation from the medical licensing board of any State, such that such qualified specialist or medical expert is recognized—
(1)to be knowledgeable in the relevant issues involved in the action;
(2)to practice (or to have practiced) or to teach (or to have taught) in the same area of health care or medicine that is at issue in the action; and
(3)in the case of an action against a physician, to be board certified in a speciality relating to that area of medicine.
(c)Extension in certain instances
(1)Unavailability of adequate medical recordsSubject to paragraph (2), subsection (a) shall not apply with respect to a claimant who brings a medical malpractice liability action without submitting an affidavit described in such subsection if, as of the time the claimant brings the action, the claimant certifies that adequate medical records or other information necessary to prepare the affidavit are unavailable.
(2)Time limitIn the case of an claimant who brings an action for which paragraph (1) applies, the action shall be dismissed unless the claimant submits the affidavit described in subsection (a) not later than 120 days after commencement of the action.
(d)Medical malpractice arbitration panels
(1)EstablishmentThe Secretary of Health and Human Services shall provide for the establishment of medical malpractice arbitration panels which shall hear and render a decision on all medical malpractice claims.
(2)Composition of arbitration panelsArbitration shall be conducted by one or more arbitrators who—
(A)are qualified specialists or medical experts; and
(B)are selected by agreement of the parties, or, if the parties do not agree, who are qualified under applicable State law and selected by the court.
(3)Mandatory participation and dissatisfaction
(A)Mandatory participationParticipation in arbitration to resolve a medical malpractice claim is mandatory, and shall be in lieu of any other alternative dispute resolution method required by any other law or by any contractual arrangement made by or on behalf of the parties to the arbitration before the commencement of the action.
(B)DissatisfactionAny party dissatisfied with a determination reached by a medical malpractice arbitration panel with respect to a medical malpractice claim as a result of such arbitration shall not be bound by such determination, and may bring a civil action in any Federal district court of competent jurisdiction within the 30-day period beginning on the date such determination was reached. The determination of such arbitration, and all statements, offers, and communications made during such arbitration, shall be inadmissible for purposes of adjudicating such action.
(4)Frivolousness
(A)Federal district courtExcept as provided in subparagraph (B), if a medical malpractice arbitration panel determines a medical malpractice claim to be frivolous, the panel shall dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the defendant prevails in such action, the court may, in its discretion and as the interests of justice require, assess against the claimant a reasonable attorney’s fee and other litigation costs and expenses (including expert fees) reasonably incurred.
(B)ExceptionIf a medical malpractice arbitration panel is unable to determine if a medical malpractice claim is frivolous, the panel may dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the claimant prevails in such action, each party shall individually be responsible for reasonable attorney’s fee and other litigation costs and expenses (including expert fees) reasonably incurred.
(5)DisclosureEach State shall disclose to residents of the State the procedures relating to arbitration and formal adjudication for resolution of medical malpractice claims.
(6)Additional requirementsThe Attorney General, in consultation with the Secretary for Health and Human Services, shall proscribe regulations to ensure that medical malpractice arbitration is carried out in a manner that—
(A)is affordable for the parties involved;
(B)encourages timely resolution of medical malpractice claims;
(C)encourages the consistent and fair resolution of such claims; and
(D)provides for reasonably convenient access to dispute resolution.
(e)Effective dateThis section shall apply with respect to any medical malpractice claim that arises more than 180 days after the date of the enactment of this Act.
5.PreemptionThe provisions of this Act shall preempt any State law to the extent such law is inconsistent with the provisions of this Act.