		IV
		111th CONGRESS
		1st Session
		S. CON. RES. 11
		IN THE HOUSE OF
		  REPRESENTATIVES

			July 21, 2009
			Referred to the Committee on Foreign
			 Affairs

		CONCURRENT RESOLUTION
		Condemning all forms of anti-Semitism and
		  reaffirming the support of Congress for the mandate of the Special Envoy to
		  Monitor and Combat Anti-Semitism, and for other purposes.

		Whereas
			 the United States Government has consistently supported efforts to address the
			 rise in anti-Semitism through its bilateral relationships and through
			 engagement in international organizations such as the United Nations, the
			 Organization for Security and Cooperation in Europe (OSCE), and the
			 Organization of American States;
		Whereas
			 in 2004, Congress passed the Global Anti-Semitism Review Act (Public Law
			 108–332), which established an Office to Monitor and Combat Anti-Semitism,
			 headed by a Special Envoy to Monitor and Combat Anti-Semitism;
		Whereas
			 the Department of State, the Office for Democratic Institutions and Human
			 Rights of the OSCE, and others have reported that periods of Arab-Israeli
			 tension have sparked an increase in attacks against Jewish communities around
			 the world and comparisons of policies of the Government of Israel to those of
			 the Nazis and that, despite growing efforts by governments to promote Holocaust
			 remembrance, the Holocaust is frequently invoked as part of anti-Semitic
			 harassment to threaten and offend Jews;
		Whereas
			 since the commencement of Israel’s military operation in Gaza on December 27,
			 2008, a substantial increase in anti-Semitic violence, including physical and
			 verbal attacks, arson, and vandalism against synagogues, cemeteries, and
			 Holocaust memorial sites, has been reported;
		Whereas
			 among many other examples of the dramatic rise of anti-Semitism around the
			 world, over 220 anti-Semitic incidents have been reported to the Community
			 Security Trust in London since December 27, 2008, approximately eight times the
			 number recorded during the same period last year, and the main Jewish
			 association in France, Counsel Representatif des Institutions Juives de France,
			 recorded more than 100 attacks in January, including car bombs launched at
			 synagogues, a difference from 20 to 25 a month for the previous year;
		Whereas
			 interspersed with expressions of legitimate criticism of Israeli policy and
			 actions, anti-Semitic imagery and comparisons of Jews and Israel to Nazis have
			 been widespread at demonstrations in the United States, Europe, and Latin
			 America against Israel’s actions, and placards held at many demonstrations
			 across the globe have compared Israeli leaders to Nazis, accused Israel of
			 carrying out a Holocaust against Palestinians, and equated the
			 Jewish Star of David with the Nazi swastika;
		Whereas
			 in some countries, demonstrations have included chants of death to
			 Israel, expressions of support for suicide terrorism against Israeli or
			 Jewish civilians, and have been followed by violence and vandalism against
			 synagogues and Jewish institutions;
		Whereas
			 some government leaders have exemplified courage and resolve against this
			 trend, including President Nicolas Sarkozy of France, who said he
			 utterly condemned the unacceptable violence, under the pretext of this
			 conflict, against individuals, private property, and religious
			 buildings, and assured that these acts would not go
			 unpunished, Justice Minister of the Netherlands Ernst Hirsch Ballin,
			 who announced on January 14, 2009, that he would investigate allegations of
			 anti-Semitism and incitement to hatred and violence at anti-Israel
			 demonstrations, and parliamentarians who have voiced concern, such as the
			 British Parliament's All-Party Group Against Anti-Semitism, which expressed its
			 horror as a wave of anti-Semitic incidents has affected the Jewish
			 community;
		Whereas
			 despite these actions, too few government leaders in Europe, the Middle East,
			 and Latin America have taken action against the anti-Semitic environments in
			 their countries and in some cases have even promoted violence;
		Whereas
			 other leaders have made hostile pronouncements against Israel and Jews,
			 including the President of Venezuela, Hugo Chavez, who called Israel’s actions
			 a Holocaust against the Palestinian people and singled out
			 Venezuela’s Jewish community, demanding that they publicly renounce Israel’s
			 barbaric acts and in so doing implying that the Jewish community
			 is co-responsible for any actions by the Government of Israel and thus a
			 legitimate target, the leader of Hamas, Mahmoud al-Zahar, who recently called
			 for Jewish children to be attacked around the world, and the Supreme Leader of
			 Iran, Ayatollah Ali Khamenei, who vowed to confer the status of
			 martyr on anyone who dies in this holy struggle against
			 World Zionism;
		Whereas
			 incitement to violence against Jews also continues in state-run media,
			 particularly in the Middle East, where government-owned, government-sanctioned,
			 or government-controlled publishing houses publish newspapers which promulgate
			 anti-Jewish stereotypes and the myth of the Jewish blood libels in editorial
			 cartoons and articles, produce and broadcast anti-Semitic dramatic and
			 documentary series, and produce Arabic translations of anti-Semitic tracts such
			 as The Protocols of the Elders of Zion and Mein
			 Kampf;
		Whereas
			 Jewish communities face an environment in which the convergence of anti-Semitic
			 sentiment and demonization of Israel in the public debate have fostered a
			 hostile environment and a sense of insecurity in certain countries;
		Whereas
			 in response, the United States Government and other governments and
			 multilateral institutions have supported international government and civil
			 society efforts to monitor and report on anti-Semitic activities and introduce
			 preventive initiatives such as tolerance education and Holocaust Remembrance;
			 and
		Whereas
			 challenges still remain, with the governments of many countries failing to
			 implement and fund preventive efforts, accurately track and report anti-Semitic
			 crimes, and prosecute offenders: Now, therefore, be it

		That Congress—
			(1)unequivocally condemns all forms of
			 anti-Semitism and rejects attempts to rationalize anti-Jewish hatred or attacks
			 as a justifiable expression of disaffection or frustration over political
			 events in the Middle East or elsewhere;
			(2)decries the comparison of Jews to Nazis
			 perpetrating a Holocaust or genocide as a pernicious form of anti-Semitism, an
			 insult to the memory of those who perished in the Holocaust, and an affront
			 both to those who survived and the righteous gentiles who saved Jewish lives at
			 peril to their own and who fought to defeat the Nazis;
			(3)calls on leaders to speak out against
			 manifestations of anti-Semitism that have entered the public debate about the
			 Middle East;
			(4)applauds those foreign leaders who have
			 condemned anti-Semitic acts and calls on those who have yet to take firm action
			 against anti-Semitism in their countries to do so;
			(5)reaffirms its support for the mandate of
			 the Special Envoy to Monitor and Combat Anti-Semitism; and
			(6)urges the Secretary of State—
				(A)to maintain the fight against anti-Semitism
			 as a foreign policy priority of the United States and to convey the concerns of
			 the United States Government in bilateral meetings;
				(B)to continue to raise with United States
			 allies in the Middle East their failure to halt incitement to violence against
			 Jews, including through the use of government-run media;
				(C)to urge governments to promote tolerance
			 education and establish mechanisms to monitor, investigate, and punish
			 anti-Semitic crimes, including through utilization of the education, law
			 enforcement training, and civil society capacity building initiatives of the
			 Tolerance and Non-discrimination Department of the Organization for Security
			 and Cooperation in Europe (OSCE);
				(D)to swiftly appoint the Special Envoy to
			 Monitor and Combat Anti-Semitism of the Department of State;
				(E)to ensure that Department of State Annual
			 Country Reports on Human Rights and International Religious Freedom Reports
			 continue to report on incidents of anti-Semitism and the efforts of foreign
			 governments to address the problem;
				(F)to provide necessary training and tools for
			 United States embassies and missions to recognize these trends; and
				(G)to ensure that initiatives of the United
			 States Government to train law enforcement abroad incorporate tools to address
			 anti-Semitism.

			Passed the Senate
			 July 20, 2009.
			Nancy Erickson,
			Secretary


113 SRES 196 ATS: To constitute the majority party's membership on certain committees for the One Hundred Thirteenth Congress, or until their successors are chosen.
U.S. Senate
2013-07-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 196
		IN THE SENATE OF THE UNITED STATES

			July 16 (legislative
			 day, July 15), 2013
			Mr. Reid submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		To constitute the majority party's
		  membership on certain committees for the One Hundred Thirteenth Congress, or
		  until their successors are chosen.

		That the following shall constitute
			 the majority party's membership on the following committees for the One Hundred
			 Thirteenth Congress, or until their successors are chosen:
			Committee on Agriculture, Nutrition, and
			 Forestry:Ms. Stabenow (Chairman), Mr. Leahy,
			 Mr. Harkin, Mr. Baucus, Mr. Brown, Ms. Klobuchar, Mr. Bennet, Mrs. Gillibrand,
			 Mr. Donnelly, Ms. Heitkamp, and Mr. Casey.
			Committee on Commerce, Science, and
			 Transportation:Mr. Rockefeller (Chairman), Mrs.
			 Boxer, Mr. Nelson, Ms. Cantwell, Mr. Pryor, Mrs. McCaskill, Ms. Klobuchar, Mr.
			 Warner, Mr. Begich, Mr. Blumenthal, Mr. Schatz, Mr. Heinrich, and Mr.
			 Markey.
			Committee on Foreign
			 Relations:Mr. Menendez (Chairman), Mrs. Boxer,
			 Mr. Cardin, Mrs. Shaheen, Mr. Coons, Mr. Durbin, Mr. Udall of New Mexico, Mr.
			 Murphy, Mr. Kaine and Mr. Markey.
			Committee on Small Business and
			 Entrepreneurship:Ms. Landrieu (Chairman), Mr.
			 Levin, Mr. Harkin, Ms. Cantwell, Mr. Pryor, Mr. Cardin, Mrs. Shaheen, Mrs.
			 Hagan, Ms. Heitkamp, and Mr. Markey.


		I
		112th CONGRESS
		1st Session
		H. R. 2260
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2011
			Mrs. Maloney (for
			 herself, Mr. Hinchey, and
			 Mr. Grijalva) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To provide for a study by the National Academy of
		  Engineering regarding improving the accuracy of collection of royalties on
		  production of oil, condensate, and natural gas under leases of Federal lands
		  and Indian lands, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Study of Ways to Improve the Accuracy
			 of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of
			 2011.
		2.Study of actions
			 to improve the accuracy of collection of Federal oil, condensate, and natural
			 gas royaltiesThe Secretary of
			 the Interior shall seek to enter into an arrangement with the National Academy
			 of Engineering under which the Academy, by not later than six months after the
			 date of the enactment of this Act, shall study and report to the Secretary
			 regarding whether the accuracy of collection of royalties on production of oil,
			 condensate, and natural gas under leases of Federal lands (in eluding submerged
			 and deep water lands) and Indian lands would be improved by any of the
			 following:
			(1)Requiring the
			 installation of digital meters, calibrated at least monthly to an absolute zero
			 value, for all lands from which natural gas (including condensate) is produced
			 under such leases.
			(2)Requiring
			 that—
				(A)the size of every
			 orifice plate on each natural gas well operated under such leases be inspected
			 at least quarterly by the Secretary; and
				(B)chipped orifice
			 plates and wrong-sized orifice plates be replaced immediately after those
			 inspections and reported to the Secretary for retroactive volume measurement
			 corrections and royalty payments with interest of 8 percent compounded
			 monthly.
				(3)Requiring that any
			 plug valves that are in natural gas gathering lines be removed and replaced
			 with ball valves.
			(4)Requiring
			 that—
				(A)all meter runs
			 should be opened for inspection by the Secretary and the producer at all times;
			 and
				(B)any welding or
			 closing of the meter runs leading to the orifice plates should be prohibited
			 unless authorized by the Secretary.
				(5)Requiring the installation of straightening
			 vanes approximately 10 feet before natural gas enters each orifice meter,
			 including each master meter and each sales meter.
			(6)Requiring that all
			 master meters be inspected and the results of such inspections be made
			 available to the Secretary and the producers immediately.
			(7)Requiring
			 that—
				(A)all sampling of
			 natural gas for heating content analysis be performed monthly upstream of each
			 natural gas meter, including upstream of each master meter;
				(B)records of such
			 sampling and heating content analysis be maintained by the purchaser and made
			 available to the Secretary and to the producer monthly;
				(C)probes for such
			 upstream sampling be installed upstream within three feet of each natural gas
			 meter;
				(D)any oil and
			 natural gas lease for which heat content analysis is falsified shall be subject
			 to cancellation;
				(E)natural gas
			 sampling probes be located—
					(i)upstream of the
			 natural gas meter at all times;
					(ii)within a few feet
			 of the natural gas meter; and
					(iii)after the
			 natural gas goes through a Welker or Y–Z vanishing chamber; and
					(F)temperature probes
			 and testing probes be located between the natural gas sampling probe and the
			 orifice of the natural gas meter.
				(8)(A)Reinstating the
			 requirement to file Federal Energy Regulatory Commission (FERC) Form 16 in
			 April and September of each year for every natural gas pipeline, including each
			 intrastate pipelines, in addition to the filing of FERC Form 2.
				(B)Requiring—
					(i)use of such FERC Form 2 to create
			 FERC Form 16 data for the years beginning April and September, respectively,
			 1992, and for each year thereafter; and
					(ii)filing with the Federal Energy
			 Regulatory Commission a FERC Form 16 for April and September that is completed
			 with such data back to April 1992.
					(9)Requiring that
			 administrative jurisdiction over all natural gas gathering lines, interstate
			 pipelines, and intrastate piplines revert immediately to the Federal Energy
			 Regulatory Commission.
			(10)Prohibiting the
			 dilution of natural gas with inert nitrogen or inert carbon dioxide gas for
			 royalty determination, sale, or resale at any point.
			(11)Requiring that both the measurement of the
			 volume of natural gas and the heating content analyses be reported only on the
			 basis of 14.73 PSI and 60 degrees Fahrenheit, regardless of the elevation above
			 sea level of such volume measurement and heating content analysis, for both
			 purchases and sales of natural gas.
			(12)Prohibiting the
			 construction of bypass pipes that go around the natural gas meter, and imposing
			 criminal penalties for any such construction or subsequent removal including,
			 but not limited to, automatic cancellation of the lease.
			(13)Requiring that all natural gas sold to
			 consumers have a minimum BTU content of 960 at an atmospheric pressure of 14.73
			 PSI and be at a temperature of 60 degrees Fahrenheit, as required by the State
			 of Wyoming Public Utilities Commission.
			(14)Requiring that all natural gas sold in the
			 USA will be on a MMBTU basis with the BTU content adjusted for elevation above
			 sea level in higher altitudes. Thus all natural gas meters must correct for BTU
			 content in higher elevations (altitudes).
			(15)Issuance by the
			 Secretary of rules for the measurement at the wellhead of the standard volume
			 of natural gas produced, based on independent industry standards such as those
			 suggested by the American Society of Testing Materials (ASTM).
			(16)Requiring use of
			 the fundamental orifice meter mass flow equation, as revised in 1990, for
			 calculating the standard volume of natural gas produced.
			(17)Requiring the use
			 of Fpv in standard volume measurement computations as described in the 1992
			 American Gas Association Report No. 8 entitled Compressibility Factor of
			 Natural Gas and Other Related Hydrocarbon Gases.
			(18)Requiring that
			 gathering lines must be constructed so as to have as few angles and turns as
			 possible, with a maximum of three angles, before they connect with the natural
			 gas meter.
			(19)Requiring that
			 for purposes of reporting the royalty value of natural gas, condensate, oil,
			 and associated natural gases, such royalty value must be based upon the natural
			 gas’s, condensate’s, oil’s, and associated natural gases’ arm’s length,
			 independent market value, as reported in independent, respected market reports
			 such as Platts or Bloombergs, and not based upon industry-controlled posted
			 prices.
			(20)Requiring that
			 royalties be paid on all the condensate recovered through purging gathering
			 lines and pipelines with a cone-shaped device to push out condensate (popularly
			 referred to as a pig) and on condensate recovered from separators,
			 dehydrators, and processing plants.
			(21)Requiring that all royalty deductions for
			 dehydration, treating, natural gas gathering, compression, transportation,
			 marketing, removal of impurities such as carbon dioxide
			 (CO2), nitrogen (N2), hydrogen
			 sulphide (H2S), mercaptain (HS), helium (He), and other
			 similar charges on natural gas, condensate, and oil produced under such leases
			 that are now in existence be eliminated.
			(22)Requiring that at
			 all times—
				(A)the quantity,
			 quality, and value obtained for natural gas liquids (condensate) be reported to
			 the Secretary; and
				(B)such reported
			 value be based on fair independent arm’s length market value.
				(23)Issuance by the
			 Secretary of regulations that prohibit venting or flaring (or both) of natural
			 gas in cases for which technology exists to reasonably prevent it, strict
			 enforcement of such prohibitions, and cancellation of leases for
			 violations.
			(24)Requiring lessees
			 to pay full royalties on any natural gas that is vented, flared, or otherwise
			 avoidably lost.
			(25)(A)Requiring payment of
			 royalties on carbon dioxide at the wellhead used for tertiary oil recovery from
			 depleted oil fields on the basis of 5 percent of the West Texas Intermediate
			 crude oil fair market price to be used for one MCF (1,000 cubic feet) of carbon
			 dioxide gas.
				(B)Requiring that—
					(i)carbon dioxide used for edible
			 purposes should be subjected to a royalty per thousand cubic feet (MCF) on the
			 basis of the sales price at the downstream delivery point without deducting for
			 removal of impurities, processing, transportation, and marketing costs;
					(ii)such price to apply with respect
			 to gaseous forms, liquid forms, and solid (dry ice) forms of carbon dioxide
			 converted to equivalent MCF; and
					(iii)such royalty to apply with
			 respect to both a direct producer of carbon dioxide and purchases of carbon
			 dioxide from another person that is either affiliated or not affiliated with
			 the purchaser.
					(26)Requiring
			 that—
				(A)all carbon dioxide
			 produced from Federal and Indian leases be analyzed for carcinogenic benzene;
			 and
				(B)benzene produced with such carbon dioxide
			 must be filtered out and removed safely as necessary to prevent harm to the
			 environment subjected to such benzene content, in order to create a maximum
			 permissible level (MPL) of 5 parts per billion.
				(27)Requiring
			 that—
				(A)royalties be paid
			 on the fair market value of nitrogen extracted from such leases that is used
			 industrially for well stimulation, helium recovery, or other uses; and
				(B)royalties be paid
			 on the fair market value of ultimately processed helium recovered from such
			 leases.
				(28)Allowing only 5
			 percent of the value of the elemental sulfur recovered during processing of
			 hydrogen sulfide gas from such leases to be deducted for processing costs in
			 determining royalty payments.
			(29)Requiring that
			 all heating content analysis of natural gas be conducted to a minimum level of
			 C15.
			(30)Eliminating
			 artificial conversion from dry BTU to wet BTU, and requiring that natural gas
			 be analyzed and royalties paid for at all times on the basis of dry BTU
			 only.
			(31)Requiring that
			 natural gas sampling be performed at all times with a floating piston cylinder
			 container at the same pressure intake as the pressure of the natural gas
			 gathering line.
			(32)Requiring use of
			 natural gas filters with a minimum of 10 microns, and preferably 15 microns,
			 both in the intake to natural gas sampling containers and in the exit from the
			 natural gas sampling containers into the chromatograph.
			(33)Mandate the use
			 of a Quad Unit for both portable and stationary chromatographs in order to
			 correct for the presence of nitrogen and oxygen, if any, in certain natural gas
			 streams.
			(34)Require the
			 calibration of all chromatograph equipment every three months and the use of
			 only American Gas Association-approved standard comparison containers for such
			 calibration.
			(35)Requiring that natural gas stored during
			 the summer period and marketed during the winter period—
				(A)be sold on the
			 basis of the purchase price minus a maximum of $0.50 per MMBTU storage charges;
			 or
				(B)be subject to
			 payment of royalties on the basis of winter sales price minus $0.50 per
			 MMBTU.
				(36)Requiring payment of royalties on any such
			 natural gas stored on Federal or Indian lands on the basis of corresponding
			 storage charges for the use of Federal or Indian lands, respectively, for such
			 storage service.
			(37)Imposing
			 penalties for the intentional nonpayment of royalties for natural gas liquids
			 recovered—
				(A)from purging of
			 natural gas gathering lines and natural gas pipelines; or
				(B)from field
			 separators, dehydrators, and processing plants,
				including
			 cancellation of oil and natural gas leases and criminal penalties.(38)Requiring that the separator, dehydrator,
			 and natural gas meter be located within 100 feet of each natural gas
			 wellhead.
			(39)Requiring that BTU heating content analysis
			 be performed when the natural gas is at a temperature of 140 to 150 degrees
			 Fahrenheit at all times, as required by the American Gas Association (AGA)
			 regulations.
			(40)Requiring that
			 heating content analysis and volume measurements are identical at the sales
			 point to what they are at the purchase point, after allowing for a small volume
			 for leakage in old pipes, but with no allowance for heating content
			 discrepancy.
			(41)Requiring that
			 all natural gas produced under such leases be at all times sold to public,
			 industrial, storage, and private customers only on a MMBTU basis of MCF (1000
			 CF) x MBTU (1000 BTU).
			(42)Verification by the Secretary that the
			 specific gravity of natural gas produced under such leases, as measured at the
			 meter run, corresponds to the heating content analysis data for such natural
			 gas, in accordance with the Natural Gas Processors Association Publication
			 2145–71(1), entitled Physical Constants Of Paraffin Hydrocarbons And
			 Other Components Of Natural Gas, and reporting of all discrepancies
			 immediately.
			(43)Prohibiting all
			 deductions on royalty payments for marketing of natural gas, condensate, and
			 oil by an affiliate or agent.
			(44)Requiring that
			 all standards of the American Petroleum Institute, the American Gas
			 Association, the Gas Processors Association, and the American Society of
			 Testing Materials, Minerals Management Service Order No. 5, and all other
			 Minerals Management Service orders be faithfully observed and applied, and
			 willful misconduct of such standards and orders be subject to oil and gas lease
			 cancellation.
			(45)Requiring that all oil and condensate
			 produced from Federal and Indian lands must be stored and measured in
			 cylindrical tanks, and prohibiting any distortion, such as squeezing or bending
			 of a storage tank, that hinders the true and honest measurement of volume of
			 condensate and oil.
			3.Review of royalty
			 paymentsThe Secretary of the
			 Interior, subject to the availability of appropriations, shall award a contract
			 under which the contractor shall—
			(1)compare royalty
			 payments made under Federal oil and gas lease provisions for covered lands
			 against data supplied to the Federal Energy Regulatory Commission;
			(2)make such
			 comparison retroactive to June 1, 1974, by integrating existing natural gas
			 analog charts or digital meter results (or both) for each natural gas meter and
			 multiplying the corresponding standard volume results by heating content
			 analysis obtained from corresponding specific gravity measurement
			 relationship;
			(3)determine whether
			 the correct production standard volume and total heating content analysis was
			 used to calculate such payments; and
			(4)determine whether
			 such payments were adequate under the terms of such oil and gas leases, by
			 among other procedures comparing the reported royalty values with respected
			 published market price reports, such as Platts or Bloombergs.
			4.DefinitionsIn this Act:
			(1)Covered
			 landsThe term covered lands means—
				(A)all Federal
			 onshore lands and offshore lands that are under the administrative jurisdiction
			 of the Department of the Interior for purposes of oil and gas leasing;
			 and
				(B)Indian onshore
			 lands.
				(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.


109 HR 1222 IH: Nurse Staffing Standards for Patient Safety and Quality Care Act of 2005
U.S. House of Representatives
2005-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1222
IN THE HOUSE OF REPRESENTATIVES

March 10, 2005
Ms. Schakowsky (for herself, Mrs. Christensen, Mr. Conyers, Ms. DeLauro, Mr. Filner, Mr. Hinchey, Mr. Holden, Mr. Kucinich, Mrs. McCarthy, Mr. Moran of Virginia, Mr. Oberstar, Mr. Owens, Mr. Rangel, Mr. Stark, Ms. Woolsey, and Ms. Roybal-Allard) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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

1.Short title; findings
(a)Short titleThis Act may be cited as the Nurse Staffing Standards for Patient Safety and Quality Care Act of 2005.
(b)FindingsCongress finds the following:
(1)The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States.
(2)Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors.
(3)Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services.
(4)Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2002 Joint Commission on Accreditation of Healthcare Organizations report that concluded that the lack of direct care registered nurses contributed to nearly a quarter of the unanticipated problems that result in injury or death to hospital patients.
(5)Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing.
(6)Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety.
(7)Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety.
2.Minimum direct care registered nurse staffing requirement
(a)Minimum direct care registered nurse staffing requirementThe Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title:

XXIXMinimum direct care registered nurse staffing requirement
2901.Minimum nurse staffing requirement
(a)Staffing plan
(1)In generalA hospital shall implement a staffing plan that—
(A)provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and
(B)is consistent with the requirements of this title.
(2)Effective dates
(A)Implementation of staffing planSubject to subparagraph (B), the requirements under paragraph (1) shall take effect not later than 1 year after the date of the enactment of this title.
(B)Application of minimum direct care registered nurse-to-patient ratiosThe requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)), not later than 4 years after the date of the enactment of this title.
(b)Minimum direct care registered nurse-to-patient ratios
(1)In generalA hospital’s staffing plan shall provide that, during each shift within a unit of the hospital, a direct care registered nurse may be assigned to not more than the following number of patients in that unit, subject to paragraph (3):
(A)1 patient in operating room units and trauma emergency units.
(B)2 patients in critical care units, including emergency critical care and intensive care units, labor and delivery units, and postanesthesia units.
(C)3 patients in antepartum units, emergency room units, pediatrics units, stepdown units, and telemetry units.
(D)4 patients in intermediate care nursery units, medical/surgical units, and acute care psychiatric units.
(E)5 patients in rehabilitation units.
(F)6 patients in postpartum (3 couplets) units and well-baby nursery units.
(2)Similar units with different namesThe Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) to a type of hospital unit not referred to in such paragraph if such other unit performs a function similar to the function performed by the unit referred to in such paragraph.
(3)Adjustment of ratios
(A)In generalIf necessary to protect patient safety, the Secretary may prescribe regulations that—
(i)increase minimum direct care registered nurse-to-patient ratios under this subsection to further limit the number of patients that may be assigned to each direct care nurse; or
(ii)add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2).
(B)ConsultationSuch regulations shall be prescribed after consultation with affected hospitals and registered nurses.
(4)Relationship to State-imposed ratios
(A)No preemption of certain State-imposed ratiosNothing in this title shall preempt State standards that the Secretary determines to be at least equivalent to Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are at least equivalent to Federal requirements for a staffing plan established under this title.
(B)Satisfaction of certain Federal requirements with certain State-imposed nurse-to-patient ratiosStates that, at least 2 years prior to the date of the enactment of this title, have enacted minimum direct care nurse-to-patient ratios that allow the use of licensed practical nurses to meet State-imposed minimum direct care nurse-to-patient ratios may continue to make such allowance, and such allowance shall be considered to satisfy requirements imposed under this subsection, so long as the particular licensed practical nurse is employed in the same or a comparable position.
(5)Exemption in emergencies
(A)In generalThe requirements established under this subsection shall not apply during a declared state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services.
(B)Emergency definedFor purposes of subparagraph (A), the term declared state of emergency means a state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but such term does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing.
(c)Development and reevaluation of staffing plan
(1)Considerations in development of planIn developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of the following factors:
(A)The number of patients and acuity level of patients as determined by the application of an acuity system (as defined in section 2906(1)), on a shift-by-shift basis.
(B)The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care.
(C)Specialized experience required of direct care registered nurses on a particular unit.
(D)Staffing levels and services provided by other health care personnel in meeting direct patient care needs not required by a direct care registered nurse.
(E)The level of technology available that affects the delivery of direct patient care.
(F)The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift.
(G)Obstacles to efficiency in the delivery of patient care presented by physical layout.
(2)Documentation of staffingA hospital shall specify the system used to document actual staffing in each unit for each shift.
(3)Annual reevaluation of plan and acuity system
(A)In generalA hospital shall annually evaluate—
(i)its staffing plan in each unit in relation to actual patient care requirements; and
(ii)the accuracy of its acuity system.
(B)UpdateA hospital shall update its staffing plan and acuity system to the extent appropriate based on such evaluation.
(4)Registered nurse participationA staffing plan of a hospital shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital or, where such nurses are represented through collective bargaining, from the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act or under the Federal Labor Relations Act.
(d)Submission of plan to SecretaryA hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital.
2902.Posting, records, and audits
(a)Posting requirementsIn each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that—
(1)explains requirements imposed under section 2901;
(2)includes actual direct care registered nurse-to-patient ratios during each shift; and
(3)is visible, conspicuous, and accessible to staff, patients, and the public.
(b)Records
(1)Maintenance of recordsEach hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include—
(A)the number of patients in each unit;
(B)the identity and duty hours of each direct care registered nurse assigned to each patient in each unit in each shift; and
(C)a copy of each notice posted under subsection (a).
(2)Availability of recordsEach hospital shall make its records maintained under paragraph (1) available to—
(A)the Secretary;
(B)registered nurses and their collective bargaining representatives (if any); and
(C)the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).
(c)AuditsThe Secretary shall conduct periodic audits to ensure—
(1)implementation of the staffing plan in accordance with this title; and
(2)accuracy in records maintained under this section.
2903.Minimum direct care licensed practical nurse staffing requirements
(a)EstablishmentA hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b).
(b)StudyNot later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study.
(c)Application of registered nurse provisions to licensed practical nurse staffing requirementsParagraphs (2), (3), (4)(A), and (5) of section 2901(b), section 2901(c), and section 2902 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under section 2901.
(d)Effective dateThe requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)), not later than 4 years after the date of the enactment of this title.
2904.Adjustment in reimbursement
(a)Medicare reimbursementThe Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to medicare beneficiaries that are attributable to compliance with requirements imposed under sections 2901 through 2903. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c).
(b)Authorization of appropriation for federally operated hospitalsThere are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 2901 through 2903.
(c)Medpac reportNot later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act (42 U.S.C. 1395b–6)) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 2901 through 2903. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a).
2905.Protection of nurses and other individuals
(a)Refusal of assignmentA nurse may refuse to accept an assignment as a nurse in a hospital if—
(1)the assignment would violate section 2901 or 2903; or
(2)the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse.
(b)Retaliation for refusal of assignment barred
(1)No discharge, discrimination, or retaliationNo hospital shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment (as defined in section 2906(5)), including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse based on the nurse’s refusal of a work assignment under subsection (a).
(2)No filing of complaintNo hospital shall file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (a).
(c)Cause of actionAny nurse who has been discharged, discriminated, or retaliated against in violation of subsection (b)(1) or against whom a complaint has been filed in violation of subsection (b)(2) may bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following:
(1)Reinstatement.
(2)Reimbursement of lost wages, compensation, and benefits.
(3)Attorneys’ fees.
(4)Court costs.
(5)Other damages.
(d)Complaint to SecretaryA nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall—
(1)receive and investigate the complaint;
(2)determine whether a violation of this title as alleged in the complaint has occurred; and
(3)if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any retaliation under subsection (b) or under subsection (e).
(e)Protection for reporting
(1)Retaliation barredA hospital shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any individual who in good faith, individually or in conjunction with another person or persons—
(A)reports a violation or a suspected violation of this title to the Secretary, a public regulatory agency, a private accreditation body, or the management personnel of the hospital;
(B)initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this title; or
(C)informs or discusses with other individuals or with representatives of hospital employees a violation or suspected violation of this title.
(2)Good faith definedFor purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes—
(A)the information reported or disclosed is true; and
(B)a violation of this title has occurred or may occur.
(f)NoticeA hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that—
(1)explains the rights of nurses and other individuals under this section;
(2)includes a statement that a nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and
(3)provides instructions on how to file a complaint under paragraph (2).
(g)Effective dates
(1)Refusal; retaliation; cause of action
(A)In generalSubsections (a) through (c) shall apply to refusals occurring on or after the effective date of the provision to which the refusal relates.
(B)ExceptionSubsection (a)(2) shall not apply to refusals in any hospital before the requirements of section 2901(a) apply to that hospital.
(2)Protections for reportingSubsection (e) shall apply to actions described in subparagraphs (A) and (C) of subsection (e)(1) occurring on or after the effective date of the provision to which the violation relates. Subsection (e) shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of the enactment of this title.
(3)NoticeSubsection (f) shall take effect 18 months after the date of the enactment of this title.
2906.DefinitionsFor purposes of this title:
(1)Acuity systemThe term acuity system means an established measurement tool that—
(A)predicts nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required, and the complexity of clinical nursing judgment needed to design, implement, and evaluate the patient’s nursing care plan;
(B)details the amount of nursing care needed, both in number of nurses and in skill mix of nursing personnel required, on a daily basis, for each patient in a nursing department or unit;
(C)takes into consideration the patient care services provided not only by registered nurses but also by direct care licensed practical nurses and other health care personnel; and
(D)is stated in terms that can be readily used and understood by nurses.
(2)Direct care licensed practical nurseThe term direct care licensed practical nurse means an individual who has been granted a license by at least 1 State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for 1 or more patients.
(3)NurseThe term nurse means any direct care registered nurse or direct care licensed practical nurse (as the case may be), regardless of whether or not the nurse is an employee.
(4)Direct care registered nurseThe term direct care registered nurse means an individual who has been granted a license by at least 1 State to practice as a registered nurse and who provides bedside care for 1 or more patients.
(5)EmploymentThe term employment includes the provision of services under a contract or other arrangement.
(6)HospitalThe term hospital has the meaning given that term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)), and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States.
(7)Staffing planThe term staffing plan means a staffing plan required under section 2901..
(b)Recommendations to CongressNo later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXIX of the Public Health Service Act, as added by subsection (a).
3.Enforcement of requirements through Federal programs
(a)Medicare programSection 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended—
(1)by striking and at the end of subparagraph (U);
(2)by striking the period at the end of subparagraph (V) and inserting , and; and
(3)by inserting after subparagraph (V) the following:

(W)in the case of a hospital, to comply with the provisions of title XXIX of the Public Health Service Act..
(b)Medicaid programThe first sentence of section 1902(a) of the Social Security Act (42 U.S.C. 1396(a)) is amended—
(1)by striking and at the end of paragraph (66);
(2)by striking the period at the end of paragraph (67) and inserting ; and; and
(3)by inserting after paragraph (67) the following new paragraph:

(68)provide that any hospital receiving payments under such plan must comply with the provisions of title XXIX of the Public Health Service Act..
(c)Health benefits program of the Department of Veterans AffairsSection 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(7)In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXIX of the Public Health Service Act..
(d)Health benefits program of the Department of Defense
(1)In generalChapter 55 of title 10, United States Code, is amended by adding at the end the following new section:

1110a.Staffing requirementsIn the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXIX of the Public Health Service Act..
(2)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110 the following new item:

1110a. Staffing requirements.
(e)Indian Health Services ProgramTitle VIII of the Indian Health Care Improvement Act (25 U.S.C. 1671 et seq.) is amended by adding at the end the following new section:

826Staffing requirementsA hospital of the Service shall comply with the provisions of title XXIX of the Public Health Service Act..


		II
		112th CONGRESS
		1st Session
		S. 614
		IN THE SENATE OF THE UNITED STATES

			March 17, 2011
			Ms. Collins (for herself
			 and Mr. Lieberman) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To require the Attorney General to consult
		  with appropriate officials within the executive branch prior to making the
		  decision to try an unprivileged enemy belligerent in Federal civilian
		  court.

		1.Short titleThis Act may be cited as the
			 Securing Terrorist Intelligence
			 Act.
		2.Consultation
			 requirement
			(a)In generalSubject to subsection (b), no action shall
			 be taken by the Attorney General, or any officer or employee of the Department
			 of Justice, to—
				(1)initiate a custodial interrogation of;
			 or
				(2)file a civilian criminal complaint,
			 information, or indictment against;
				any foreign person detained by the
			 United States Government because they may have engaged in conduct constituting
			 an act of war against the United States, terrorism, or material support to
			 terrorists, or activities in preparation therefor.(b)Consultation
				(1)In generalSubject to paragraph (2), the Attorney
			 General shall consult with the Director of National Intelligence, the Director
			 of the National Counterterrorism Center, the Secretary of Homeland Security,
			 and the Secretary of Defense prior to taking any action identified in
			 subsection (a).
				(2)Presidential directionIf, following consultation under paragraph
			 (1), the Director of National Intelligence, the Director of the National
			 Counterterrorism Center, the Secretary of Homeland Security, or the Secretary
			 of Defense believe that any action identified in subsection (a) and proposed by
			 the Attorney General may prevent the collection of intelligence related to
			 terrorism or threats of violence against the United States or its citizens, the
			 Attorney General may not initiate such action without specific direction from
			 the President.
				(c)Annual reportThe Attorney General shall report annually
			 to appropriate committees of jurisdiction regarding the number of occasions on
			 which direction was sought from the President under subsection (b)(2) and the
			 number of times, on those occasions, that the President directed actions
			 identified in section (a) against such foreign person.
			(d)DefinitionsIn this section:
				(1)Appropriate committees of
			 jurisdictionThe term
			 appropriate committees of jurisdiction shall include—
					(A)the Committee on Homeland Security and
			 Governmental Affairs of the Senate;
					(B)the Committee on Homeland Security of the
			 House of Representatives;
					(C)the Select Committee on Intelligence of the
			 Senate;
					(D)the Permanent Select Committee on
			 Intelligence of the House of Representatives; and
					(E)the Committees on Armed Services and
			 Judiciary of the Senate and the Committees on Armed Services and Judiciary of
			 the House of Representatives.
					(2)Act of war, terrorism, material support to
			 terroristsThe terms
			 act of war, terrorism, and material support to
			 terrorists shall have the meanings given such terms in title 18, United
			 States Code.
				(e)Savings
			 clauseNothing in this
			 section shall prevent the Attorney General, or any officer or employee of the
			 Department of Justice, from apprehending or detaining an individual as
			 authorized by the Constitution or laws of the United States except to the
			 extent that activities incident to such apprehension or detention are
			 specifically identified in subsection (a).


115 HR 1606 IH: Dentist and Optometric Care Access Act
U.S. House of Representatives
2017-03-17
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.

I115th CONGRESS1st SessionH. R. 1606IN THE HOUSE OF REPRESENTATIVESMarch 17, 2017Mr. Carter of Georgia (for himself, Mr. Loebsack, Mr. Thompson of Mississippi, Mr. Mullin, Mr. Gosar, and Mr. Pittenger) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XXVII of the Public Health Service Act to improve health care coverage under vision
			 and dental plans, and for other purposes.

 1.Short titleThis Act may be cited as the Dentist and Optometric Care Access Act or the DOC Access Act. 2.Improving health care coverage under vision and dental plans (a)In generalTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg–19a) the following new section:

					2719B.Improving coverage under vision and dental plans
 (a)In generalUnder a group health plan or individual or health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply:
							(1)Payment amounts from covered persons
 (A)In generalThe plan or coverage shall provide, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that furnishes items or services that are not covered by the plan or coverage to a person enrolled under such plan or coverage that the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services.
 (B)Items and services considered covered by a planFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered by the plan or coverage only if the negotiated rate agreed to by such plan or coverage and the doctor for such item or service, without regard to any cost sharing obligation of the enrollee, is an amount that is reasonable and is not nominal or de minimis.
 (2)Change to plansThe terms of an agreement between such a plan or coverage and such a doctor (including, in the case of a plan or coverage that provides for a provider network, the negotiated rate for providers that participate in the network of such plan or coverage), may be changed only pursuant to a subsequent agreement signed by the doctor that documents the acknowledgment and acceptance of the doctor (as applicable) to such changes.
 (3)Duration of limited scope vision and dental plansIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits, the agreement may only extend for a term beyond two years with the prior acceptance of the doctor for each term extension.
 (4)Terms and conditions for ancillary services and proceduresSuch plan or coverage may not deny such a doctor participation in the plan or coverage or remove such a doctor participation in the plan or coverage or remove such a doctor from participation in the plan or coverage for the sole reason of failure of the doctor to accept the terms and conditions under such agreement for any ancillary service or procedure.
 (5)Condition to join a provider networkThe plan or coverage may not require that such a doctor must participate with, or be credentialed by, any specific plan or coverage offering limited scope dental or vision benefits as a condition to participate in the provider network of such plan or coverage.
 (6)No interference with existing relationships and requirementsUnless otherwise required by law or regulation, such plan or coverage may not directly communicate with an individual enrolled in such plan or coverage in a manner that interferes with or contravenes any State or Federal requirement, or doctor-patient relationship in existence at the time of such communication.
 (7)No restrictions on choice of laboratoriesThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage.
 (b)Private right of actionIn addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection.
 (c)Relationship to exception for limited, excepted benefitsSection 2722(c)(1) shall not apply with respect to the requirements of this section. (d)DefinitionsIn this section:
 (1)The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions.
 (2)The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.
							.
 (b)Conforming amendmentSection 2722(c)(1) of the Public Health Service Act (42 U.S.C. 300gg–21(c)(1)) is amended by striking The requirements and inserting Subject to section 2719B, the requirements.
 (c)Exclusive applicability of state lawNotwithstanding any provision of this Act, State law, which directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the provisions of this Act shall not apply. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are governed by such State.


		I
		111th CONGRESS
		1st Session
		H. R. 4283
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2009
			Mr. Cohen (for
			 himself, Mr. Andrews,
			 Mr. Payne,
			 Mr. Conyers,
			 Mr. Holt, Mr. Watt, Mr. Adler
			 of New Jersey, Ms. Linda T. Sánchez of
			 California, Mr. Pallone,
			 and Mr. Pascrell) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To prohibit United States attorneys and assistant United
		  States attorneys from acting as or working for corporate monitors for specified
		  periods after their service with the Government terminates.

		1.Short titleThis Act may be cited as the
			 Transparency and Integrity in Corporate Monitoring Act of
			 2009.
		2.Prohibition on
			 post-employment service as corporate monitor
			(a)ProhibitionAny person who is a United States attorney
			 or an assistant United States attorney, who participates in the investigation
			 or prosecution of an organization for a criminal offense with respect to which
			 a deferred prosecution agreement or a nonprosecution agreement is made, and
			 who—
				(1)in the case of a
			 United States attorney, before the end of the 2-year period beginning on the
			 date on which his or her service as such United States attorney terminates,
			 or
				(2)in the case of an assistant United States
			 attorney, before the end of the 1-year period beginning on the date on which
			 his or her service as such assistant United States attorney terminates,
				acts as or
			 is employed by a corporate monitor with respect to that deferred prosecution
			 agreement or that nonprosecution agreement, shall be subject to the penalties
			 under subsection (b).(b)Penalties
				(1)Civil
			 penaltyThe Attorney General may bring a civil action in the
			 appropriate United States district court against any person who engages in
			 conduct described in subsection (a) and, upon proof of such conduct by a
			 preponderance of the evidence, such person shall be subject to a civil penalty
			 of not more than $50,000 for each violation or the amount of compensation which
			 the person received or was offered for the prohibited conduct, whichever amount
			 is greater. The imposition of a civil penalty under this subsection does not
			 preclude any other criminal or civil statutory, common law, or administrative
			 remedy, which is available by law to the United States or any other
			 person.
				(2)Injunctive
			 reliefIf the Attorney
			 General has reason to believe that a person is engaging in conduct described in
			 subsection (a), the Attorney General may petition an appropriate United States
			 district court for an order prohibiting that person from engaging in such
			 conduct. The court may issue an order prohibiting that person from engaging in
			 such conduct if the court finds that the conduct is described in subsection
			 (a). The filing of a petition under this section does not preclude any other
			 remedy which is available by law to the United States or any other
			 person.
				(c)DefinitionsIn
			 this section:
				(1)Deferred
			 prosecution agreementThe
			 term “deferred prosecution agreement” means an agreement between a Federal
			 prosecutor and an organization to conditionally defer prosecution of that
			 organization in a criminal case in which charges are filed.
				(2)Nonprosecution
			 agreementThe term “nonprosecution agreement” means an agreement
			 between a Federal prosecutor and an organization to conditionally decide not to
			 file criminal charges against the organization.
				(3)OrganizationThe term “organization” means a person or entity other than an
			 individual.
				(4)Corporate
			 monitorThe term “corporate monitor” means a person or entity
			 outside the Department of Justice that is selected to oversee the
			 implementation of a deferred prosecution agreement or nonprosecution
			 agreement.


115 S1025 IS: Assisting Family Farmers through Insurance Reform Measures Act
U.S. Senate
2017-05-03
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 CONGRESS1st SessionS. 1025IN THE SENATE OF THE UNITED STATESMay 3, 2017Mr. Flake (for himself and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo reform the Federal Crop Insurance Act and reduce Federal spending on crop insurance.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Assisting Family Farmers through Insurance Reform Measures Act or the AFFIRM Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Adjusted gross income and per person limitations on share of insurance premiums paid by
			 Corporation.Sec. 3. Cap on reimbursements for administrative and operating expenses of crop insurance
			 providers.Sec. 4. Renegotiation of Standard Reinsurance Agreement.Sec. 5. Cap on overall rate of return for crop insurance providers.Sec. 6. Prohibition on premium subsidy for harvest price policies.Sec. 7. Crop insurance premium subsidies disclosure in the public interest.
 2.Adjusted gross income and per person limitations on share of insurance premiums paid by CorporationSection 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(1)) is amended— (1)by striking For the purpose and inserting the following:

 (A)Payment authoritySubject to subparagraphs (B) and (C), for the purpose; and (2)by adding at the end the following:

 (B)Adjusted gross income limitationThe Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a))) that is greater than $250,000.
 (C)Per person limitationThe Corporation shall not pay more than $40,000 for any reinsurance year to any person or legal entity for premiums under this section..
 3.Cap on reimbursements for administrative and operating expenses of crop insurance providersSection 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following:

				(G)Additional cap on reimbursements
 (i)In generalNotwithstanding subparagraphs (A) through (F), the total amount of reimbursements for administrative and operating costs for the 2018 reinsurance year for all types of policies and plans of insurance shall not exceed $900,000,000.
 (ii)AdjustmentFor the 2019 reinsurance year and each subsequent reinsurance year, the dollar amount in effect pursuant to clause (i) shall be increased by the inflation factor established for the administrative and operating costs limitation in the 2011 Standard Reinsurance Agreement..
 4.Renegotiation of Standard Reinsurance AgreementSection 508(k)(8) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(8)) is amended by striking subparagraph (F).
 5.Cap on overall rate of return for crop insurance providersSection 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(3)) is amended— (1)by striking (3) Share of risk.—The and inserting the following:

					(3)Risk
 (A)Share of riskThe; and (2)by adding at the end the following:

 (B)Limitation on average rate of returnThe target average rate of return for reinsured companies for the 2018 reinsurance year and each subsequent reinsurance year shall be 8.9 percent of retained premiums..
 6.Prohibition on premium subsidy for harvest price policiesSection 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) is amended by adding at the end the following:

 (9)Prohibition on premium subsidy for harvest price policiesNotwithstanding any other provision of law, beginning with the 2018 reinsurance year, the Corporation shall not pay any amount of premium subsidy in the case of a policy or plan of insurance that is based on the actual market price of an agricultural commodity on the date of harvest..
 7.Crop insurance premium subsidies disclosure in the public interestSection 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C. 1502(c)(2)) is amended— (1)by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D) respectively; and
 (2)by inserting before subparagraph (C) (as so redesignated) the following:  (A)Disclosure in the public interestNotwithstanding paragraph (1) or any other provision of law, except as provided in subparagraph (B), the Secretary shall on an annual basis make available to the public—
 (i)(I)the name of each individual or entity that obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous reinsurance year;
 (II)the amount of premium subsidy received by the individual or entity from the Corporation; and (III)the amount of any Federal portion of indemnities paid in the event of a loss for that reinsurance year for each policy associated with that individual or entity; and
 (ii)for each private insurance provider, a description by the name of the private insurance provider of—
 (I)the underwriting gains earned through participation in the federally subsidized crop insurance program; and
 (II)the amount paid under this subtitle for— (aa)administrative and operating expenses;
 (bb)any Federal portion of indemnities and reinsurance; and (cc)any other purpose.
 (B)LimitationThe Secretary shall not disclose under subparagraph (A) information relating to individuals and entities covered by a catastrophic risk protection plan offered under section 508(b)..


116 HR 285 IH: Mortgage Debt Tax Forgiveness Act of 2018
U.S. House of Representatives
2019-01-08
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EN
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I116th CONGRESS1st SessionH. R. 285IN THE HOUSE OF REPRESENTATIVESJanuary 8, 2019Ms. Brownley of California introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharge of qualified principal residence indebtedness.
1.Short titleThis Act may be cited as the Mortgage Debt Tax Forgiveness Act of 2018.  2.Permanent extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a)In generalSection 108(a)(1)(E) of the Internal Revenue Code of 1986 is amended by striking which is discharged and all that follows and inserting a period.
(b)Effective dateThe amendment made by this section shall apply to indebtedness discharged after December 31, 2017.