		II
		Calendar No. 422
		109th CONGRESS
		2d Session
		S. 22
		IN THE SENATE OF THE UNITED STATES

			May 3, 2006
			Mr. Ensign (for himself,
			 Mr. Frist, Mr.
			 Gregg, Mr. McConnell,
			 Mr. Hatch, Mr.
			 Santorum, Mr. DeMint,
			 Mr. Inhofe, Mr.
			 Burns, Mrs. Dole,
			 Mr. Cornyn, Mr.
			 Voinovich, Mr. Burr,
			 Mr. Allard, Mr.
			 Coburn, Mr. Vitter, and
			 Mr. Alexander) introduced the following
			 bill; which was read the first time

			May 4, 2006
			Read the second time and placed on the
			 calendar

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

		1.Short
			 titleThis Act may be cited as
			 the Medical Care Access Protection Act
			 of 2006 or the MCAP Act.
		2.Findings and
			 purpose
			(a)Findings
				(1)Effect on
			 health care access and costsCongress finds that our current
			 civil justice system is adversely affecting patient access to health care
			 services, better patient care, and cost-efficient health care, in that the
			 health care liability system is a costly and ineffective mechanism for
			 resolving claims of health care liability and compensating injured patients,
			 and is a deterrent to the sharing of information among health care
			 professionals which impedes efforts to improve patient safety and quality of
			 care.
				(2)Effect on
			 interstate commerceCongress finds that the health care and
			 insurance industries are industries affecting interstate commerce and the
			 health care liability litigation systems existing throughout the United States
			 are activities that affect interstate commerce by contributing to the high
			 costs of health care and premiums for health care liability insurance purchased
			 by health care system providers.
				(3)Effect on
			 Federal spendingCongress finds that the health care liability
			 litigation systems existing throughout the United States have a significant
			 effect on the amount, distribution, and use of Federal funds because of—
					(A)the large number
			 of individuals who receive health care benefits under programs operated or
			 financed by the Federal Government;
					(B)the large number
			 of individuals who benefit because of the exclusion from Federal taxes of the
			 amounts spent to provide them with health insurance benefits; and
					(C)the large number
			 of health care providers who provide items or services for which the Federal
			 Government makes payments.
					(b)PurposeIt
			 is the purpose of this Act to implement reasonable, comprehensive, and
			 effective health care liability reforms designed to—
				(1)improve the
			 availability of health care services in cases in which health care liability
			 actions have been shown to be a factor in the decreased availability of
			 services;
				(2)reduce the
			 incidence of defensive medicine and lower the cost of health
			 care liability insurance, all of which contribute to the escalation of health
			 care costs;
				(3)ensure that
			 persons with meritorious health care injury claims receive fair and adequate
			 compensation, including reasonable noneconomic damages;
				(4)improve the
			 fairness and cost-effectiveness of our current health care liability system to
			 resolve disputes over, and provide compensation for, health care liability by
			 reducing uncertainty in the amount of compensation provided to injured
			 individuals; and
				(5)provide an
			 increased sharing of information in the health care system which will reduce
			 unintended injury and improve patient care.
				3.DefinitionsIn this Act:
			(1)Alternative
			 dispute resolution system; ADRThe term alternative dispute
			 resolution system or ADR means a system that provides for
			 the resolution of health care lawsuits in a manner other than through a civil
			 action brought in a State or Federal court.
			(2)ClaimantThe
			 term claimant means any person who brings a health care lawsuit,
			 including a person who asserts or claims a right to legal or equitable
			 contribution, indemnity or subrogation, arising out of a health care liability
			 claim or action, and any person on whose behalf such a claim is asserted or
			 such an action is brought, whether deceased, incompetent, or a minor.
			(3)Collateral
			 source benefitsThe term collateral source benefits
			 means any amount paid or reasonably likely to be paid in the future to or on
			 behalf of the claimant, or any service, product or other benefit provided or
			 reasonably likely to be provided in the future to or on behalf of the claimant,
			 as a result of the injury or wrongful death, pursuant to—
				(A)any State or
			 Federal health, sickness, income-disability, accident, or workers’ compensation
			 law;
				(B)any health,
			 sickness, income-disability, or accident insurance that provides health
			 benefits or income-disability coverage;
				(C)any contract or
			 agreement of any group, organization, partnership, or corporation to provide,
			 pay for, or reimburse the cost of medical, hospital, dental, or income
			 disability benefits; and
				(D)any other
			 publicly or privately funded program.
				(4)Compensatory
			 damagesThe term compensatory damages means
			 objectively verifiable monetary losses incurred as a result of the provision
			 of, use of, or payment for (or failure to provide, use, or pay for) health care
			 services or medical products, such as past and future medical expenses, loss of
			 past and future earnings, cost of obtaining domestic services, loss of
			 employment, and loss of business or employment opportunities, damages for
			 physical and emotional pain, suffering, inconvenience, physical impairment,
			 mental anguish, disfigurement, loss of enjoyment of life, loss of society and
			 companionship, loss of consortium (other than loss of domestic service),
			 hedonic damages, injury to reputation, and all other nonpecuniary losses of any
			 kind or nature. Such term includes economic damages and noneconomic damages, as
			 such terms are defined in this section.
			(5)Contingent
			 feeThe term contingent fee includes all
			 compensation to any person or persons which is payable only if a recovery is
			 effected on behalf of one or more claimants.
			(6)Economic
			 damagesThe term economic damages means objectively
			 verifiable monetary losses incurred as a result of the provision of, use of, or
			 payment for (or failure to provide, use, or pay for) health care services or
			 medical products, such as past and future medical expenses, loss of past and
			 future earnings, cost of obtaining domestic services, loss of employment, and
			 loss of business or employment opportunities.
			(7)Health care
			 goods or servicesThe term health care goods or
			 services means any goods or services provided by a health care
			 institution, provider, or by any individual working under the supervision of a
			 health care provider, that relates to the diagnosis, prevention, care, or
			 treatment of any human disease or impairment, or the assessment of the health
			 of human beings.
			(8)Health care
			 institutionThe term health care institution means
			 any entity licensed under Federal or State law to provide health care services
			 (including but not limited to ambulatory surgical centers, assisted living
			 facilities, emergency medical services providers, hospices, hospitals and
			 hospital systems, nursing homes, or other entities licensed to provide such
			 services).
			(9)Health care
			 lawsuitThe term health care lawsuit means any
			 health care liability claim concerning the provision of health care goods or
			 services affecting interstate commerce, or any health care liability action
			 concerning the provision of (or the failure to provide) health care goods or
			 services affecting interstate commerce, brought in a State or Federal court or
			 pursuant to an alternative dispute resolution system, against a health care
			 provider or a health care institution regardless of the theory of liability on
			 which the claim is based, or the number of claimants, plaintiffs, defendants,
			 or other parties, or the number of claims or causes of action, in which the
			 claimant alleges a health care liability claim.
			(10)Health care
			 liability actionThe term health care liability
			 action means a civil action brought in a State or Federal Court or
			 pursuant to an alternative dispute resolution system, against a health care
			 provider or a health care institution regardless of the theory of liability on
			 which the claim is based, or the number of plaintiffs, defendants, or other
			 parties, or the number of causes of action, in which the claimant alleges a
			 health care liability claim.
			(11)Health care
			 liability claimThe term health care liability claim
			 means a demand by any person, whether or not pursuant to ADR, against a health
			 care provider or health care institution, including third-party claims,
			 cross-claims, counter-claims, or contribution claims, which are based upon the
			 provision of, use of, or payment for (or the failure to provide, use, or pay
			 for) health care services, regardless of the theory of liability on which the
			 claim is based, or the number of plaintiffs, defendants, or other parties, or
			 the number of causes of action.
			(12)Health care
			 provider
				(A)In
			 generalThe term health care provider means any
			 person (including but not limited to a physician (as defined by section 1861(r)
			 of the Social Security Act (42 U.S.C. 1395x(r)), registered nurse, dentist,
			 podiatrist, pharmacist, chiropractor, or optometrist) required by State or
			 Federal law to be licensed, registered, or certified to provide health care
			 services, and being either so licensed, registered, or certified, or exempted
			 from such requirement by other statute or regulation.
				(B)Treatment of
			 certain professional associationsFor purposes of this Act, a
			 professional association that is organized under State law by an individual
			 physician or group of physicians, a partnership or limited liability
			 partnership formed by a group of physicians, a nonprofit health corporation
			 certified under State law, or a company formed by a group of physicians under
			 State law shall be treated as a health care provider under subparagraph
			 (A).
				(13)Malicious
			 intent to injureThe term malicious intent to injure
			 means intentionally causing or attempting to cause physical injury other than
			 providing health care goods or services.
			(14)Noneconomic
			 damagesThe term noneconomic damages means damages
			 for physical and emotional pain, suffering, inconvenience, physical impairment,
			 mental anguish, disfigurement, loss of enjoyment of life, loss of society and
			 companionship, loss of consortium (other than loss of domestic service),
			 hedonic damages, injury to reputation, and all other nonpecuniary losses of any
			 kind or nature.
			(15)Punitive
			 damagesThe term punitive damages means damages
			 awarded, for the purpose of punishment or deterrence, and not solely for
			 compensatory purposes, against a health care provider or health care
			 institution. Punitive damages are neither economic nor noneconomic
			 damages.
			(16)RecoveryThe
			 term recovery means the net sum recovered after deducting any
			 disbursements or costs incurred in connection with prosecution or settlement of
			 the claim, including all costs paid or advanced by any person. Costs of health
			 care incurred by the plaintiff and the attorneys’ office overhead costs or
			 charges for legal services are not deductible disbursements or costs for such
			 purpose.
			(17)StateThe
			 term State means each of the several States, the District of
			 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
			 Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific
			 Islands, and any other territory or possession of the United States, or any
			 political subdivision thereof.
			4.Encouraging
			 speedy resolution of claims
			(a)In
			 generalExcept as otherwise provided for in this section, the
			 time for the commencement of a health care lawsuit shall be 3 years after the
			 date of manifestation of injury or 1 year after the claimant discovers, or
			 through the use of reasonable diligence should have discovered, the injury,
			 whichever occurs first.
			(b)General
			 exceptionThe time for the commencement of a health care lawsuit
			 shall not exceed 3 years after the date of manifestation of injury unless the
			 tolling of time was delayed as a result of—
				(1)fraud;
				(2)intentional
			 concealment; or
				(3)the presence of a
			 foreign body, which has no therapeutic or diagnostic purpose or effect, in the
			 person of the injured person.
				(c)MinorsAn
			 action by a minor shall be commenced within 3 years from the date of the
			 alleged manifestation of injury except that if such minor is under the full age
			 of 6 years, such action shall be commenced within 3 years of the manifestation
			 of injury, or prior to the eighth birthday of the minor, whichever provides a
			 longer period. Such time limitation shall be tolled for minors for any period
			 during which a parent or guardian and a health care provider or health care
			 institution have committed fraud or collusion in the failure to bring an action
			 on behalf of the injured minor.
			(d)Rule 11
			 sanctionsWhenever a Federal or State court determines (whether
			 by motion of the parties or whether on the motion of the court) that there has
			 been a violation of Rule 11 of the Federal Rules of Civil Procedure (or a
			 similar violation of applicable State court rules) in a health care liability
			 action to which this Act applies, the court shall impose upon the attorneys,
			 law firms, or pro se litigants that have violated Rule 11 or are responsible
			 for the violation, an appropriate sanction, which shall include an order to pay
			 the other party or parties for the reasonable expenses incurred as a direct
			 result of the filing of the pleading, motion, or other paper that is the
			 subject of the violation, including a reasonable attorneys' fee. Such sanction
			 shall be sufficient to deter repetition of such conduct or comparable conduct
			 by others similarly situated, and to compensate the party or parties injured by
			 such conduct.
			5.Compensating
			 patient injury
			(a)Unlimited
			 amount of damages for actual economic losses in health care
			 lawsuitsIn any health care lawsuit, nothing in this Act shall
			 limit the recovery by a claimant of the full amount of the available economic
			 damages, notwithstanding the limitation contained in subsection (b).
			(b)Additional
			 noneconomic damages
				(1)Health care
			 providersIn any health care lawsuit where final judgment is
			 rendered against a health care provider, the amount of noneconomic damages
			 recovered from the provider, if otherwise available under applicable Federal or
			 State law, may be as much as $250,000, regardless of the number of parties
			 other than a health care institution against whom the action is brought or the
			 number of separate claims or actions brought with respect to the same
			 occurrence.
				(2)Health care
			 institutions
					(A)Single
			 institutionIn any health care lawsuit where final judgment is
			 rendered against a single health care institution, the amount of noneconomic
			 damages recovered from the institution, if otherwise available under applicable
			 Federal or State law, may be as much as $250,000, regardless of the number of
			 parties against whom the action is brought or the number of separate claims or
			 actions brought with respect to the same occurrence.
					(B)Multiple
			 institutionsIn any health care lawsuit where final judgment is
			 rendered against more than one health care institution, the amount of
			 noneconomic damages recovered from each institution, if otherwise available
			 under applicable Federal or State law, may be as much as $250,000, regardless
			 of the number of parties against whom the action is brought or the number of
			 separate claims or actions brought with respect to the same occurrence, except
			 that the total amount recovered from all such institutions in such lawsuit
			 shall not exceed $500,000.
					(c)No discount of
			 award for noneconomic damagesIn any health care lawsuit—
				(1)an award for
			 future noneconomic damages shall not be discounted to present value;
				(2)the jury shall
			 not be informed about the maximum award for noneconomic damages under
			 subsection (b);
				(3)an award for
			 noneconomic damages in excess of the limitations provided for in subsection (b)
			 shall be reduced either before the entry of judgment, or by amendment of the
			 judgment after entry of judgment, and such reduction shall be made before
			 accounting for any other reduction in damages required by law; and
				(4)if separate
			 awards are rendered for past and future noneconomic damages and the combined
			 awards exceed the limitations described in subsection (b), the future
			 noneconomic damages shall be reduced first.
				(d)Fair share
			 ruleIn any health care lawsuit, each party shall be liable for
			 that party’s several share of any damages only and not for the share of any
			 other person. Each party shall be liable only for the amount of damages
			 allocated to such party in direct proportion to such party’s percentage of
			 responsibility. A separate judgment shall be rendered against each such party
			 for the amount allocated to such party. For purposes of this section, the trier
			 of fact shall determine the proportion of responsibility of each party for the
			 claimant’s harm.
			6.Maximizing
			 patient recovery
			(a)Court
			 supervision of share of damages actually paid to claimants
				(1)In
			 generalIn any health care lawsuit, the court shall supervise the
			 arrangements for payment of damages to protect against conflicts of interest
			 that may have the effect of reducing the amount of damages awarded that are
			 actually paid to claimants.
				(2)Contingency
			 fees
					(A)In
			 generalIn any health care lawsuit in which the attorney for a
			 party claims a financial stake in the outcome by virtue of a contingent fee,
			 the court shall have the power to restrict the payment of a claimant’s damage
			 recovery to such attorney, and to redirect such damages to the claimant based
			 upon the interests of justice and principles of equity.
					(B)LimitationThe
			 total of all contingent fees for representing all claimants in a health care
			 lawsuit shall not exceed the following limits:
						(i)40
			 percent of the first $50,000 recovered by the claimant(s).
						(ii)331/3
			 percent of the next $50,000 recovered by the claimant(s).
						(iii)25 percent of
			 the next $500,000 recovered by the claimant(s).
						(iv)15
			 percent of any amount by which the recovery by the claimant(s) is in excess of
			 $600,000.
						(b)Applicability
				(1)In
			 generalThe limitations in subsection (a) shall apply whether the
			 recovery is by judgment, settlement, mediation, arbitration, or any other form
			 of alternative dispute resolution.
				(2)MinorsIn
			 a health care lawsuit involving a minor or incompetent person, a court retains
			 the authority to authorize or approve a fee that is less than the maximum
			 permitted under this section.
				(c)Expert
			 witnesses
				(1)RequirementNo
			 individual shall be qualified to testify as an expert witness concerning issues
			 of negligence in any health care lawsuit against a defendant unless such
			 individual—
					(A)except as
			 required under paragraph (2), is a health care professional who—
						(i)is
			 appropriately credentialed or licensed in 1 or more States to deliver health
			 care services; and
						(ii)typically treats
			 the diagnosis or condition or provides the type of treatment under review;
			 and
						(B)can demonstrate
			 by competent evidence that, as a result of training, education, knowledge, and
			 experience in the evaluation, diagnosis, and treatment of the disease or injury
			 which is the subject matter of the lawsuit against the defendant, the
			 individual was substantially familiar with applicable standards of care and
			 practice as they relate to the act or omission which is the subject of the
			 lawsuit on the date of the incident.
					(2)Physician
			 reviewIn a health care lawsuit, if the claim of the plaintiff
			 involved treatment that is recommended or provided by a physician (allopathic
			 or osteopathic), an individual shall not be qualified to be an expert witness
			 under this subsection with respect to issues of negligence concerning such
			 treatment unless such individual is a physician.
				(3)Specialties and
			 subspecialtiesWith respect to a lawsuit described in paragraph
			 (1), a court shall not permit an expert in one medical specialty or
			 subspecialty to testify against a defendant in another medical specialty or
			 subspecialty unless, in addition to a showing of substantial familiarity in
			 accordance with paragraph (1)(B), there is a showing that the standards of care
			 and practice in the two specialty or subspecialty fields are similar.
				(4)LimitationThe
			 limitations in this subsection shall not apply to expert witnesses testifying
			 as to the degree or permanency of medical or physical impairment.
				7.Additional
			 health benefits
			(a)In
			 generalThe amount of any damages received by a claimant in any
			 health care lawsuit shall be reduced by the court by the amount of any
			 collateral source benefits to which the claimant is entitled, less any
			 insurance premiums or other payments made by the claimant (or by the spouse,
			 parent, child, or legal guardian of the claimant) to obtain or secure such
			 benefits.
			(b)Preservation of
			 current lawWhere a payor of collateral source benefits has a
			 right of recovery by reimbursement or subrogation and such right is permitted
			 under Federal or State law, subsection (a) shall not apply.
			(c)Application of
			 provisionThis section shall apply to any health care lawsuit
			 that is settled or resolved by a fact finder.
			8.Punitive
			 damages
			(a)Punitive
			 damages permitted
				(1)In
			 generalPunitive damages may, if otherwise available under
			 applicable State or Federal law, be awarded against any person in a health care
			 lawsuit only if it is proven by clear and convincing evidence that such person
			 acted with malicious intent to injure the claimant, or that such person
			 deliberately failed to avoid unnecessary injury that such person knew the
			 claimant was substantially certain to suffer.
				(2)Filing of
			 lawsuitNo demand for punitive damages shall be included in a
			 health care lawsuit as initially filed. A court may allow a claimant to file an
			 amended pleading for punitive damages only upon a motion by the claimant and
			 after a finding by the court, upon review of supporting and opposing affidavits
			 or after a hearing, after weighing the evidence, that the claimant has
			 established by a substantial probability that the claimant will prevail on the
			 claim for punitive damages.
				(3)Separate
			 proceedingAt the request of any party in a health care lawsuit,
			 the trier of fact shall consider in a separate proceeding—
					(A)whether punitive
			 damages are to be awarded and the amount of such award; and
					(B)the amount of
			 punitive damages following a determination of punitive liability.
					If a
			 separate proceeding is requested, evidence relevant only to the claim for
			 punitive damages, as determined by applicable State law, shall be inadmissible
			 in any proceeding to determine whether compensatory damages are to be
			 awarded.(4)Limitation
			 where no compensatory damages are awardedIn any health care
			 lawsuit where no judgment for compensatory damages is rendered against a
			 person, no punitive damages may be awarded with respect to the claim in such
			 lawsuit against such person.
				(b)Determining
			 amount of punitive damages
				(1)Factors
			 consideredIn determining the amount of punitive damages under
			 this section, the trier of fact shall consider only the following:
					(A)the severity of
			 the harm caused by the conduct of such party;
					(B)the duration of
			 the conduct or any concealment of it by such party;
					(C)the profitability
			 of the conduct to such party;
					(D)the number of
			 products sold or medical procedures rendered for compensation, as the case may
			 be, by such party, of the kind causing the harm complained of by the
			 claimant;
					(E)any criminal
			 penalties imposed on such party, as a result of the conduct complained of by
			 the claimant; and
					(F)the amount of any
			 civil fines assessed against such party as a result of the conduct complained
			 of by the claimant.
					(2)Maximum
			 awardThe amount of punitive damages awarded in a health care
			 lawsuit may not exceed an amount equal to two times the amount of economic
			 damages awarded in the lawsuit or $250,000, whichever is greater. The jury
			 shall not be informed of the limitation under the preceding sentence.
				(c)Liability of
			 health care providers
				(1)In
			 generalA health care
			 provider who prescribes, or who dispenses pursuant to a prescription, a drug,
			 biological product, or medical device approved by the Food and Drug
			 Administration, for an approved indication of the drug, biological product, or
			 medical device, shall not be named as a party to a product liability lawsuit
			 invoking such drug, biological product, or medical device and shall not be
			 liable to a claimant in a class action lawsuit against the manufacturer,
			 distributor, or product seller of such drug, biological product, or medical
			 device.
				(2)Medical
			 productThe term medical product means a drug or
			 device intended for humans. The terms drug and device
			 have the meanings given such terms in sections 201(g)(1) and 201(h) of the
			 Federal Food, Drug and Cosmetic Act (21 U.S.C. 321), respectively,
			 including any component or raw material used therein, but excluding health care
			 services.
				9.Authorization of
			 payment of future damages to claimants in health care lawsuits
			(a)In
			 generalIn any health care lawsuit, if an award of future
			 damages, without reduction to present value, equaling or exceeding $50,000 is
			 made against a party with sufficient insurance or other assets to fund a
			 periodic payment of such a judgment, the court shall, at the request of any
			 party, enter a judgment ordering that the future damages be paid by periodic
			 payments in accordance with the Uniform Periodic Payment of Judgments Act
			 promulgated by the National Conference of Commissioners on Uniform State
			 Laws.
			(b)ApplicabilityThis
			 section applies to all actions which have not been first set for trial or
			 retrial before the effective date of this Act.
			10.Effect on other
			 laws
			(a)General vaccine
			 injury
				(1)In
			 generalTo the extent that title XXI of the
			 Public Health Service Act establishes
			 a Federal rule of law applicable to a civil action brought for a
			 vaccine-related injury or death—
					(A)this Act shall
			 not affect the application of the rule of law to such an action; and
					(B)any rule of law
			 prescribed by this Act in conflict with a rule of law of such title XXI shall
			 not apply to such action.
					(2)ExceptionIf
			 there is an aspect of a civil action brought for a vaccine-related injury or
			 death to which a Federal rule of law under title XXI of the
			 Public Health Service Act does not
			 apply, then this Act or otherwise applicable law (as determined under this Act)
			 will apply to such aspect of such action.
				(b)Smallpox
			 vaccine injury
				(1)In
			 generalTo the extent that part C of title II of the
			 Public Health Service Act establishes
			 a Federal rule of law applicable to a civil action brought for a smallpox
			 vaccine-related injury or death—
					(A)this Act shall
			 not affect the application of the rule of law to such an action; and
					(B)any rule of law
			 prescribed by this Act in conflict with a rule of law of such part C shall not
			 apply to such action.
					(2)ExceptionIf
			 there is an aspect of a civil action brought for a smallpox vaccine-related
			 injury or death to which a Federal rule of law under part C of title II of the
			 Public Health Service Act does not
			 apply, then this Act or otherwise applicable law (as determined under this Act)
			 will apply to such aspect of such action.
				(c)Other Federal
			 lawExcept as provided in this section, nothing in this Act shall
			 be deemed to affect any defense available, or any limitation on liability that
			 applies to, a defendant in a health care lawsuit or action under any other
			 provision of Federal law.
			11.State
			 flexibility and protection of states’ rights
			(a)Health care
			 lawsuitsThe provisions governing health care lawsuits set forth
			 in this Act shall preempt, subject to subsections (b) and (c), State law to the
			 extent that State law prevents the application of any provisions of law
			 established by or under this Act. The provisions governing health care lawsuits
			 set forth in this Act supersede chapter 171 of title 28, United States Code, to
			 the extent that such chapter—
				(1)provides for a
			 greater amount of damages or contingent fees, a longer period in which a health
			 care lawsuit may be commenced, or a reduced applicability or scope of periodic
			 payment of future damages, than provided in this Act; or
				(2)prohibits the
			 introduction of evidence regarding collateral source benefits.
				(b)Preemption of
			 certain State lawsNo provision of this Act shall be construed to
			 preempt any State law (whether effective before, on, or after the date of the
			 enactment of this Act) that specifies a particular monetary amount of
			 compensatory or punitive damages (or the total amount of damages) that may be
			 awarded in a health care lawsuit, regardless of whether such monetary amount is
			 greater or lesser than is provided for under this Act, notwithstanding section
			 5(a).
			(c)Protection of
			 state’s rights and other laws
				(1)In
			 generalAny issue that is not governed by a provision of law
			 established by or under this Act (including the State standards of negligence)
			 shall be governed by otherwise applicable Federal or State law.
				(2)Rule of
			 constructionNothing in this Act shall be construed to—
					(A)preempt or
			 supersede any Federal or State law that imposes greater procedural or
			 substantive protections (such as a shorter statute of limitations) for a health
			 care provider or health care institution from liability, loss, or damages than
			 those provided by this Act;
					(B)preempt or
			 supercede any State law that permits and provides for the enforcement of any
			 arbitration agreement related to a health care liability claim whether enacted
			 prior to or after the date of enactment of this Act;
					(C)create a cause of
			 action that is not otherwise available under Federal or State law; or
					(D)affect the scope
			 of preemption of any other Federal law.
					12.Applicability;
			 effective dateThis Act shall
			 apply to any health care lawsuit brought in a Federal or State court, or
			 subject to an alternative dispute resolution system, that is initiated on or
			 after the date of the enactment of this Act, except that any health care
			 lawsuit arising from an injury occurring prior to the date of enactment of this
			 Act shall be governed by the applicable statute of limitations provisions in
			 effect at the time the injury occurred.

		May 4, 2006
		Read the second time and placed on the
		  calendar


113 HR 3299 IH: Security Before Access Act of 2013
U.S. House of Representatives
2013-10-16
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3299IN THE HOUSE OF REPRESENTATIVESOctober 16, 2013Mr. Ross 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 concernedA BILLTo amend section 340A of the Public Health Service Act to protect the privacy of personally identifiable information in relation to enrollment activities of health insurance exchanges, and for other purposes.1.Short titleThis Act may be cited as the Security Before Access Act of 2013.2.Protecting the privacy of personally identifiable information in enrollment activities of health insurance exchanges(a)In generalSection 340A(c) of the Public Health Service Act (42 U.S.C. 256a(c)) is amended by adding at the end the following new paragraph:(3)Ensuring privacy of personally identifiable information; liability; penalties; consumer opt out(A)In generalThe Secretary shall require each recipient of a grant under this section to implement procedures specified by the Secretary consistent with this paragraph in order protect the privacy of personally identifiable information.(B)Required proceduresThe procedures specified by the Secretary under subparagraph (A) shall include at least the following:(i)Prohibition of access without explicit consentNo certified application counselor, health insurance navigator, or non-navigator assistance personnel shall have access to personally identifiable information relating to an individual without the express, witnessed, written consent of that individual.(ii)Requiring licensure, background checksNo such individual shall have access to personally identifiable information unless the individual—(I)has undergone, within 60 days before commencing enrollment assistance for any consumer seeking coverage through health insurance exchanges, both a criminal background and fingerprint check and has a clean record free of criminal infractions; and(II)meets educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State they seek to assist consumers with health insurance enrollment.(iii)Requirement for prior certification of safeguardsThe recipient of the grant may not collect personally identifiable information for any reason until the Comptroller General of the United States, in agreement with the Inspector General of the Department of Health and Human Services, certifies to Congress that such Department, along with any other relevant Federal agencies involved with health insurance assistance or enrollment, or collection or verification of personally identifiable information, have implemented all appropriate and necessary actions to safeguard both the such information and financial information of individuals seeking enrollment in a health plan through an Exchange and to protect such individuals from fraud and abuse.(C)LiabilityNot later than 90 days after the date of the enactment of this paragraph, the Secretary—(i)shall issue guidance concerning how liability and penalties will be applied in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of personally identifiable information;(ii)shall determine whether such liability lies with the person (such as a navigator, certified application counselor, or non-navigator assistance personnel) having direct contact with the prospective enrollee in enrollment assistance-related actions or whether liability lies with the entity that received Federal or Exchange-generated funds to carry out consumer outreach activities; and(iii)shall determine whether the entities identified under clause (ii) are required to obtain professional liability coverage.(D)Penalties(i)Criminal penalties(I)Any individual or entity who, under this section, has possession of, or access to, personally identifiable information the disclosure of which is prohibited by this section (or section 552a of title 5, United States Code) or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or entity not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.(II)A person who commits the offense described under subclause (I) with the intent to sell, transfer, or use personally identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both.(III)Any person who knowingly and willfully requests or obtains any personally identifiable information protected under this section concerning an individual under false pretenses shall be guilty of a felony and fined not more than $100,000, imprisoned for not more than 5 years, or both.(ii)Potential exposure to tax penaltyAny navigator, certified application counselor, or non-navigator assistance personnel who engages in health plan enrollment consumer assistance activities under this section and who is exposed to consumer tax return information is potentially subject to criminal liability under section 7213(a) of the Internal Revenue Code of 1986 for any instances of unauthorized disclosure of such information.(iii)Disqualification from further assistanceIf the Secretary determines that any individual, including any navigator, certified application counselor, or non-navigator assistance personnel, has a criminal background or is otherwise in violation of this paragraph with respect to the requirements relating to disclosure and use of personally identifiable information, the Secretary shall permanently disqualify the individual from any further involvement in consumer assistance activities required under this section or the Patient Protection and Affordable Care Act and may disqualify and rescind the Federal and Exchange-generated funds from the entity which employs or contracts with such an individual.(E)Consumer opt out for lack of privacy protectionBeginning on the date of health insurance exchange operations for both individuals and businesses, no individual consumer shall be made responsible for failure to meet a requirement under the Patient Protection and Affordable Care Act (including any amendments made by this Act) for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive protection of personally identifiable information, with respect to any health insurance enrollment activity electronic or otherwise, are in place prior to any consumer disclosure or transmission of personally identifiable information for health insurance enrollment purposes.(F)Personally identifiable information definedIn this paragraph, the term personally identifiable information includes Social Security numbers, bank account information, insurance records, health records, personal income data, and any other information deemed personally identifiable and sensitive in nature by the Federal Trade Commission, the Department of Justice, the Social Security Administration, the Consumer Financial Protection Bureau, the President’s Task Force on Identity Theft, and any other relevant Federal agency, which is disclosed or obtained in connection with any health insurance enrollment activity conducted under this section..(b)Effective dateThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment.


116 S4060 IS: Open Back Better Act of 2020
U.S. Senate
2020-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4060IN THE SENATE OF THE UNITED STATESJune 24, 2020Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo provide additional funds for Federal and State facility energy resiliency programs, and for other purposes.1.Short titleThis Act may be cited as the Open Back Better Act of 2020.2.Facilities energy resiliency(a)DefinitionsIn this section:(1)Covered projectThe term covered project means a building project at an eligible facility that—(A)increases—(i)resiliency, including—(I)public health and safety;(II)power outages;(III)natural disasters;(IV)indoor air quality; and (V)any modifications necessitated by the COVID–19 pandemic;(ii)energy efficiency;(iii)renewable energy; and (iv)grid integration; and(B)may have combined heat and power and energy storage as project components. (2)Early childhood education programThe term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).(3)Elementary schoolThe term elementary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4)Eligible facilityThe term eligible facility means a public facility, as determined by the Secretary, including—(A)a public school, including an elementary school and a secondary school;(B)a facility used to operate an early childhood education program;(C)a local educational agency;(D)a medical facility;(E)a local or State government building;(F)a community facility;(G)a public safety facility; (H)a day care center;(I)an institution of higher education; (J)a public library; and(K)a wastewater treatment facility. (5)Environmental justice communityThe term environmental justice community means a community with significant representation of communities of color, low income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (6)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(7)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(8)Low incomeThe term low income, with respect to a household, means an annual household income equal to, or less than, the greater of—(A)80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and(B)200 percent of the Federal poverty line.(9)Low income communityThe term low income community means a census block group in which not less than 30 percent of households are low income.(10)Secondary schoolThe term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(11)SecretaryThe term Secretary means the Secretary of Energy.(12)StateThe term State has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202).(13)State Energy ProgramThe term State Energy Program means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (14)Tribal organization(A)In generalThe term tribal organization has the meaning given the term in section 3765 of title 38, United States Code.(B)Technical amendmentSection 3765(4) of title 38, United States Code, is amended by striking section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)) and inserting section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(b)State programs(1)EstablishmentNot later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects.(2)Use of funds(A)In generalSubject to subparagraph (B), grant funds under paragraph (1) may be used for technical assistance, project facilitation, and administration.(B)Technical assistanceA State may use not more than 10 percent of grant funds received under paragraph (1) to provide technical assistance for the development, facilitation, management, oversight, and measurement of results of covered projects implemented using those funds.(C)Environmental justice and other communitiesTo support communities adversely impacted by the COVID–19 pandemic, a State shall use not less than 40 percent of grant funds received under paragraph (1) to implement covered projects in environmental justice communities or low income communities.(D)Private financingA State receiving a grant under paragraph (1) shall—(i)to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but(ii)maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (E)GuidanceIn carrying out a covered project using grant funds received under paragraph (1), a State shall, to the extent practicable, adhere to guidance developed by the Secretary pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection.(3)No matching requirementNotwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding. (4)ReportNot later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated under paragraph (5) are no longer available, the Secretary shall submit a report on the use of those funds (including in the communities described in paragraph (2)(C)) to—(A)the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B)the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C)the Committee on Energy and Natural Resources of the Senate; and(D)the Committee on Energy and Commerce of the House of Representatives. (5)FundingIn addition to any amounts made available to the Secretary to carry out the State Energy Program, there is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $18,000,000,000 to carry out this subsection, to remain available until September 30, 2025.(6)Supplement, not supplantFunds made available under paragraph (5) shall supplement, not supplant, any other funds made available to States for the State Energy Program or the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.).(c)Federal Energy Management Program(1)In generalNot later than 60 days after the date of enactment of this Act, the Secretary shall use the funds appropriated under paragraph (4) to provide grants under the AFFECT program under the Federal Energy Management Program of the Department of Energy to implement covered projects.(2)Private financingA recipient of a grant under paragraph (1) shall—(A)to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but(B)maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (3)ReportNot later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated under paragraph (4) are no longer available, the Secretary shall submit a report on the use of those funds to—(A)the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B)the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;(C)the Committee on Energy and Natural Resources of the Senate; and(D)the Committee on Energy and Commerce of the House of Representatives.(4)FundingIn addition to any amounts made available to the Secretary to carry out the AFFECT program described in paragraph (1), there is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $500,000,000 to carry out this subsection, to remain available until September 30, 2025. (d)Tribal organizations(1)In generalNot later than 60 days after the date of enactment of this Act, the Secretary, acting through the head of the Office of Indian Energy, shall distribute funds made available under paragraph (3) to tribal organizations to implement covered projects.(2)ReportNot later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to—(A)the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B)the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;(C)the Committee on Energy and Natural Resources of the Senate; and(D)the Committee on Energy and Commerce of the House of Representatives. (3)FundingThere is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, to remain available until September 30, 2025.(e)Use of American iron, steel, and manufactured goods(1)In generalExcept as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.(2)ExceptionsThe requirement under paragraph (1) shall be waived by the head of the relevant Federal department or agency in any case or category of cases in which the head of the relevant Federal department or agency determines that— (A)adhering to that requirement would be inconsistent with the public interest;(B)the iron, steel, and manufactured goods needed for the project are not produced in the United States—(i)in sufficient and reasonably available quantities; and (ii)in a satisfactory quality; or(C)the inclusion of iron, steel, and relevant manufactured goods produced in the United States would increase the overall cost of the project by more than 25 percent.(3)Waiver publicationIf the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver.(4)International agreementsThis subsection shall be applied in a manner consistent with the obligations of the United States under all applicable international agreements. (f)Wage rate requirements(1)In generalNotwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act). (2)AuthorityWith respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 3.Personnel(a)In generalTo carry out section 2, the Secretary shall hire within the Department of Energy—(1)not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy;(2)not less than 100 full-time employees, to be distributed among—(A)the Office of General Counsel;(B)the Office of Procurement Policy;(C)the Golden Field Office;(D)the National Energy Technology Laboratory; and (E)the Office of the Inspector General; and(3)not less than 20 full-time employees in the Office of Indian Energy.(b)TimelineNot later than 60 days after the date of enactment of this Act, the Secretary shall—(1)hire all personnel under subsection (a); or (2)certify that the Secretary is unable to hire all personnel by the date required under this subsection.(c)Contract hires(1)In generalIf the Secretary makes a certification under subsection (b)(2), the Secretary may hire on a contract basis not more than 50 percent of the personnel required to be hired under subsection (a).(2)DurationAn individual hired on a contract basis under paragraph (1) shall have an employment term of not more than 1 year. (d)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $84,000,000 for each of fiscal years 2021 through 2031.(e)ReportNot later than 60 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit a report on progress made in carrying out subsection (a) to—(1)the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate;(2)the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;(3)the Committee on Energy and Natural Resources of the Senate; and(4)the Committee on Energy and Commerce of the House of Representatives.


		I
		111th CONGRESS
		1st Session
		H. R. 4346
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2009
			Mr. Conyers (for
			 himself, Mr. Daniel E. Lungren of
			 California, Ms. Jackson-Lee of
			 Texas, and Mr. Hastings of
			 Florida) introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish a commission to commemorate the ending of
		  chattel slavery in the United States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 National Emancipation Commemoration
			 Act of 2009.
		2.PurposeThe purpose of this Act is to establish the
			 National Emancipation Commemoration Commission in order to—
			(1)ensure a suitable national observance of
			 the 150th anniversary of the ending of chattel slavery in the United States
			 through the Emancipation Proclamation and the Thirteenth Amendment of the
			 Constitution;
			(2)highlight the
			 protections of the living 13th Amendment against modern slavery in all its
			 forms and explore why servitude still exists in the United States and
			 elsewhere;
			(3)provide assistance
			 to the development of programs, curricula, and activities concerning both
			 antebellum and modern slavery, in conjunction with the 150th anniversary of
			 Emancipation and thereafter; and
			(4)support and
			 facilitate efforts for events, a commemorative coin, stamp, and related
			 activities for the observances of the 150th anniversary of Emancipation and the
			 adoption of the Thirteenth Amendment.
			3.DefinitionsIn this Act:
			(1)CommemorationThe term commemoration means
			 the commemoration of the 150th anniversaries of the Preliminary Emancipation
			 Proclamation, the Emancipation Proclamation, the Thirteenth Amendment to the
			 United States Constitution and its ongoing application to modern slavery,
			 passage of Federal anti-peonage legislation and the extension of the Thirteenth
			 Amendment protections to all races and ethnicities, and the activities of the
			 Bureau of Refugees, Freedmen and Abandoned Lands (Freedman’s
			 Bureau) in attempting to meet the needs of newly freed persons in the
			 years following the Civil War.
			(2)CommissionThe
			 term Commission means the Commission established by this
			 Act.
			(3)Modern
			 slaveryThe term modern slavery means activities
			 that violate the Federal statutory prohibitions against slavery and human
			 trafficking set forth in chapter 77 of title 18, United States Code.
			4.Attorney General
			 to assist the commemorationIn
			 order to ensure that the 150th anniversary of Emancipation provides a lasting
			 legacy and long-term public benefit by assisting in the development of
			 appropriate programs and facilities, the Attorney General, through the Office
			 of Justice Programs, may make grants and provide technical assistance to
			 appropriate Federal, State, and local entities and nonprofit
			 organizations—
			(1)to plan and carry
			 out programs and activities appropriate to for the commemoration;
			(2)to generally
			 facilitate commemoration-related activities throughout the United
			 States;
			(3)to encourage
			 civic, patriotic, historical, educational, religious, economic, and other
			 organizations throughout the United States to organize and participate in
			 anniversary activities to expand the understanding and appreciation of the
			 significance of the events commemorated by the commemoration;
			(4)to coordinate and facilitate public
			 scholarly research on, publication about, and interpretation of: chattel
			 slavery, the trans-Atlantic slave trade, the lives and work of such historical
			 figures as Abraham Lincoln, Frederick Douglass, Sojourner Truth, Levi and
			 Catherine Coffin, and Harriet Tubman, the Emancipation, success and failures in
			 implementing the Emancipation, expansion of the protections of the Thirteenth
			 Amendment to all persons in the United States, modern effects of chattel
			 slavery and the Emancipation on American culture and society, and the continued
			 application of the Thirteenth Amendment and enabling legislation in combating
			 modern slavery in the United States and abroad;
			(5)to encourage
			 efforts for a commemorative coin, stamp, and related activities for the
			 commemoration;
			(6)to assist in the
			 appropriate development of commemoration-related heritage tourism and the
			 economic benefits of that tourism to the United States; and
			(7)to facilitate commemoration-related
			 activities and informational displays at sites and locations that are part of
			 the National Park Service Underground Railroad Network to Freedom Program and
			 the National Underground Railroad Freedom Center.
			5.National
			 emancipation commemoration commission
			(a)In
			 generalThere is established a commission to be known as the
			 National Emancipation Commemoration Commission.
			(b)Duties
				(1)In
			 generalThe Commission shall—
					(A)advise the
			 Attorney General with regard to making grants and giving technical assistance
			 under this Act; and
					(B)conduct a study on modern slavery in all
			 its forms that—
						(i)addresses why
			 slavery in all its forms still exists globally;
						(ii)analyzes the
			 persistence of modern slavery in the United States from 1865 to the present;
			 and
						(iii)makes
			 recommendations to address issues and concerns highlighted by the study.
						(2)Reports
					(A)Interim
			 reportNot later than January 1, 2013, the Commission shall
			 complete an interim report that contains—
						(i)a
			 summary of the activities of the Commission;
						(ii)any
			 interim results, findings, or recommendations of the study conducted under
			 paragraph (1)(B); and
						(iii)an
			 accounting of funds received and expended by the Commission through September
			 30, 2012.
						(B)Final
			 reportNot later than March 2, 2017, the Commission shall
			 complete a final report that contains—
						(i)a
			 summary of the activities of the Commission;
						(ii)the
			 results of the study conducted under paragraph (1)(B);
						(iii)a
			 final accounting of funds received and expended by the Commission; and
						(iv)any
			 findings and recommendations of the Commission.
						(c)Membership
				(1)In
			 generalThe Commission shall be composed of 18 members, of
			 whom—
					(A)one shall be the Assistant Attorney General
			 for Civil Rights, who shall be the Chair of the Commission;
					(B)one shall be the
			 Ambassador at Large, Director of the Office to Monitor and Combat Trafficking
			 in Persons, who shall be the Vice-Chair of the Commission;
					(C)one shall be the Librarian of Congress, or
			 a designee of the Librarian of Congress;
					(D)one shall be the
			 Director of the National Park Service, or a designee of the Director;
					(E)one shall be the
			 Director of the National Museum of American History of the Smithsonian
			 Institution, or a designee of the Director;
					(F)one shall be the
			 Director of the National Underground Railroad Freedom Center (or any successor
			 institution), or a designee of the Director;
					(G)one shall be the
			 Director of the National Civil Rights Museum, or a designee of the
			 Director;
					(H)one shall be the
			 Executive Director of the National Hispanic Cultural Center, or a designee of
			 the Executive Director;
					(I)one shall be the
			 Executive Director of the Asian Law Alliance, or a designee of the Executive
			 Director;
					(J)four shall be
			 appointed by the Speaker of the House in consultation with the minority leader;
			 and
					(K)four shall be
			 appointed by the majority leader of the Senate in consultation with the
			 minority leader.
					(2)Term;
			 vacancies
					(A)TermThe
			 term of an appointed member of the Commission is for the life of the
			 Commission.
					(B)Vacancies
						(i)In
			 generalA vacancy among the appointed members of the Commission
			 shall be filled in the same manner in which the original appointment was
			 made.
						(ii)Partial
			 termA member appointed to fill a vacancy on the Commission shall
			 serve for the remainder of the term for which the predecessor of the member was
			 appointed.
						(3)Meetings
					(A)In
			 generalThe Commission shall meet—
						(i)at
			 least twice each year; and
						(ii)additionally, at
			 the call of the Chairperson or the majority of the members of the
			 Commission.
						(B)Initial
			 meetingNot later than 30 days after the date on which all
			 appointed members of the Commission have been appointed, the Commission shall
			 hold the initial meeting of the Commission.
					(4)Voting
					(A)In
			 generalThe Commission shall act only on an affirmative vote of a
			 majority of the members of the Commission.
					(B)QuorumA
			 majority of the Commission shall constitute a quorum.
					(d)Powers of the
			 commissionThe Commission may—
				(1)accept donations
			 and make dispersions of money, personal services, and real and personal
			 property related to its duties;
				(2)appoint such
			 advisory committees of its members as the Commission determines to be necessary
			 to carry out its duties;
				(3)authorize any
			 member or employee of the Commission to take any action that the Commission is
			 authorized to take by this Act;
				(4)procure supplies,
			 services, and property, and make or enter into contracts, leases, or other
			 legal agreements, to carry out its duties (except that any contracts, leases,
			 or other legal agreements made or entered into by the Commission shall not
			 extend beyond the date of termination of the Commission); and
				(5)use the United
			 States mails in the same manner and under the same conditions as a Federal
			 agency.
				(e)Commission
			 personnel matters
				(1)Compensation of
			 members of the commission
					(A)In
			 generalExcept as provided in this paragraph, a member of the
			 Commission shall serve without compensation.
					(B)Federal
			 employeesA member of the Commission who is an officer or
			 employee of the Federal Government shall serve without compensation in addition
			 to the compensation received for the services of the member as an officer or
			 employee of the Federal Government.
					(C)Travel
			 expensesA member or employee of the Commission shall be allowed
			 travel expenses, including per diem in lieu of subsistence, at rates authorized
			 for an employee of an agency under subchapter I of chapter 57 of title 5,
			 United States Code, while away from the home or regular place of business of
			 the member or employee in the performance of the duties of the
			 Commission.
					(2)Staff
					(A)In
			 generalThe Chairperson of the Commission may, without regard to
			 the civil service laws (including regulations), appoint and terminate an
			 executive director and such other additional personnel as are necessary to
			 enable the Commission to perform the duties of the Commission.
					(B)Approval of
			 executive directorThe employment of an executive director shall
			 require approval by a majority of the Commission members.
					(3)Compensation
					(A)In
			 generalExcept as provided in subparagraph (B), the Chairperson
			 of the Commission may fix the compensation of the executive director and other
			 personnel without regard to the provisions of chapter 51 and subchapter III of
			 chapter 53 of title 5, United States Code, relating to classification of
			 positions and General Schedule pay rates.
					(B)Maximum rate of
			 payThe rate of pay for the executive director and other
			 personnel shall not exceed the rate payable for level V of the Executive
			 Schedule under section 5316 of title 5, United States Code.
					(4)Detail of
			 government employees
					(A)Federal
			 employees
						(i)In
			 generalOn the request of the Commission, the head of any Federal
			 agency may detail, on a reimbursable or non-reimbursable basis, any of the
			 personnel of the agency to the Commission to assist the Commission in carrying
			 out the duties of the Commission under this Act.
						(ii)Civil service
			 statusThe detail of an employee under clause (I) shall be
			 without interruption or loss of civil service status or privilege.
						(B)State
			 employeesThe Commission may—
						(i)accept the
			 services of personnel detailed from States (including subdivisions of States);
			 and
						(ii)reimburse States
			 for services of detailed personnel.
						(5)Volunteer and
			 uncompensated servicesNotwithstanding section 1342 of title 31,
			 United States Code, the Commission may accept and use voluntary and
			 uncompensated services as the Commission determines necessary.
				(6)Support
			 servicesThe Attorney General shall provide to the Commission, on
			 a reimbursable basis, such administrative support services as the Commission
			 may request.
				(f)Procurement of
			 temporary and intermittent servicesThe Chairperson of the
			 Commission may procure temporary and intermittent services in accordance with
			 section 3109(b) of title 5, United States Code, at rates for individuals that
			 do not exceed the daily equivalent of the annual rate of basic pay prescribed
			 for level V of the Executive Schedule under section 5316 of that title.
			(g)TerminationThe
			 Commission shall terminate on September 30, 2017. Any advisory committee
			 established under this Act that is not previously terminated by the Commission
			 shall also terminate on that date.


113 HR 4942 IH: Underserved Veterans Access to Health Care Act
U.S. House of Representatives
2014-06-23
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. 4942
		IN THE HOUSE OF REPRESENTATIVES

			June 23, 2014
			Ms. Titus (for herself, Mr. O’Rourke, Mr. Takano, Mr. Hastings of Florida, Ms. Kuster, Ms. Norton, and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to increase the number of graduate medical education
			 residency positions at hospitals administered by the Secretary of Veterans
			 Affairs.

		1.Short titleThis Act may be cited as the Underserved Veterans Access to Health Care Act.
		2.Increase of graduate medical education residency positions
			(a)In generalSection 7302 of title 38, United States Code, is amended by adding at the end the following new
			 subsection:

					(e)
						(1)In carrying out this section, the Secretary shall establish medical residency programs, or ensure a
			 sufficient number of residency positions in medical residency programs, at
			 medical facilities of the Department that the Secretary determines—
							(A)are experiencing a shortage of physicians; and
							(B)are located in communities that are designated as a health professional shortage area (as defined
			 in section 332 of the Public Health Service Act (42 U.S.C. 254e)).
							(2)In carrying out paragraph (1), the Secretary shall—
							(A)determine the specialty of health care professionals that a location is experiencing a shortage of,
			 including with respect to primary care and mental health;
							(B)allocate the residency positions under paragraph (1) based on such determination; and
							(C)notify Congress of the information used by the Secretary to make such determination.
							.
			(b)Five-Year goalDuring the five-year period beginning on the date of the enactment of this Act, the Secretary of
			 Veterans Affairs shall establish not fewer than 2,000 graduate medical
			 education residency positions pursuant to section 7302(e) of title 38,
			 United States Code, as added by subsection (a). In establishing such
			 positions, the Secretary shall give priority to medical facilities of the
			 Department of Veterans Affairs that—
				(1)as of the date of the enactment of this Act, do not have medical residency programs; and
				(2)are located in communities that have a high concentration of veterans.


116 HR 3482 IH: To amend the Immigration and Nationality Act to waive certain requirements for naturalization for American Samoan United States nationals to become United States citizens, and for other purposes.
U.S. House of Representatives
2019-06-25
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. 3482IN THE HOUSE OF REPRESENTATIVESJune 25, 2019Mrs. Radewagen introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, 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 Immigration and Nationality Act to waive certain requirements for naturalization for
			 American Samoan United States nationals to become United States citizens,
			 and for other purposes.

		1.Waiver of certain naturalization requirements for American Samoan United States nationals to become
			 United States citizens
 (a)FindingsThe Congress finds the following: (1)Under the Immigration and Nationality Act, persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth.
 (2)The term national of the United States is defined under the Immigration and Nationality Act to include persons who, though not citizens of the United States, owe permanent allegiance to the United States.
 (3)A large number of American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States.
 (4)However, in order for American Samoans who are United States nationals to become United States citizens, they must follow the same procedure as aliens lawfully admitted for permanent residence. This procedure requires, among other steps, an application, fingerprinting, an interview, an English language and civics examination, and participation in an oath ceremony. The procedure may take years to complete.
 (5)Given that American Samoa’s education system is structured to closely resemble that of public schools in the United States, that courses on United States history, civics, and government are thoroughly taught, that English is the language of public school instruction, and that United States nationals by definition owe permanent allegiance to the United States, it is in the national interest that United States nationals be allowed to become United States citizens by more expeditious means.
 (b)Naturalization of certain residents of American SamoaSection 325 of the Immigration and Nationality Act (8 U.S.C. 1436) is amended to read as follows:  325.Nationals but not citizens of the United States; residence within outlying possessions (a)Eligibility for naturalizationA person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may—
 (1)if the person becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this title, except that in applications for naturalization filed under the provisions of this section, residence and physical presence within the United States within the meaning of this title shall include residence and physical presence within any of the outlying possessions of the United States; or
 (2)if the person has continuously resided in any State or outlying possession of the United States from birth to the date of approval of the application, be naturalized upon compliance with the applicable requirements of this title other than sections 312 and 337(a) and paragraphs (1) and (2) of section 316(a).
							(b)Jurisdiction
 (1)In generalThe Secretary shall provide that applications, interviews, filings, oaths, ceremonies, or other proceedings under this title, to the extent applicable, are available in an outlying possession of the United States with respect to—
 (A)any applicant for naturalization under subsection (a)(2); (B)any applicant for naturalization under section 328 or 329 who is a resident of an outlying possession of the United States; or
 (C)any child described in section 322(a)(5)(B) for whom an application is made under section 322. (2)LimitationNotwithstanding any other provision of law, including sections 310(c) and 336(b), no court shall have jurisdiction over any application for naturalization filed by or on behalf of a resident of an outlying possession of the United States.
 (c)ConstructionIn determining eligibility for naturalization under subsection (a)(2)— (1)absence from any State or outlying possession of the United States for a continuous period of more than 180 days shall break the continuity of such residence, unless the person establishes to the satisfaction of the Secretary of Homeland Security that the person did not abandon such person’s residence during such period;
 (2)in conducting the investigation and examination of the person under sections 332(a) and 335, the Secretary of Homeland Security may in the discretion of the Secretary waive a personal interview of the person; and
 (3)the Secretary of Homeland Security, in the discretion of the Secretary, may impose a reduced fee for an application for naturalization under such subsection compared to other applications for naturalization, taking into account the relative costs of processing an application for naturalization under such subsection..
 (c)Children residing in American SamoaSection 322(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1433(a)(5)) is amended to read as follows:

 (5)The child— (A)is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status; or
 (B)is present and resides in an outlying possession of the United States. 2.Sense of Congress regarding political status education in American SamoaIt is the sense of the Congress that the Secretary of the Interior may provide technical assistance to the Government of American Samoa under section 601(a) of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes, approved December 24, 1980 (48 U.S.C. 1469d(a)), for public education regarding political status options only if the political status options are consistent with the Constitution of the United States.


115 HR 6572 IH: Homeless Veterans Community Care Act of 2018
U.S. House of Representatives
2018-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6572IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Smith of New Jersey (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on Financial Services, 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 title 38, United States Code, to include Federally qualified health centers and primary
			 care associations in efforts to assist homeless veterans, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Homeless Veterans Community Care Act of 2018. 2.DefinitionsSection 2002(a) of title 38, United States Code, is amended by adding at the end the following:

 (3)The term Federally qualified health center has the meaning given that term in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)).
 (4)The term primary care association means an entity that is awarded a grant or contract under section 330(l) of the Public Health Service Act (42 U.S.C. 254b(l))..
 3.Changes to plan for coordination of outreach servicesSection 2022 of title 38, United States Code, is amended— (1)in subsection (b)—
 (A)in paragraph (1), by inserting , including Federally qualified health centers and primary care associations, after non-Department entities; and (B)in paragraph (6)—
 (i)by inserting primary care, after referral sources for; and (ii)by inserting a comma after mental health;
 (2)in subsection (c), by inserting , including Federally qualified health centers and primary care associations, after entities outside the Department; (3)in subsection (e)—
 (A)in paragraph (1)(A), by inserting and community resources, including Federally qualified health centers and primary care associations, after about benefits; and
 (B)in paragraph (2), by inserting Federally qualified health centers, primary care associations, after the Department of Defense,; and (4)in subsection (f)—
 (A)in paragraph (1)— (i)by striking October 1, 2002 and inserting 90 days after the date of the enactment of the Homeless Veterans Comprehensive Assistance Act of 2018; and
 (ii)by striking an initial report and inserting a report; (B)in paragraph (2)—
 (i)by striking December 31, 2005 and inserting 120 days after the date of the enactment of the Homeless Veterans Comprehensive Assistance Act of 2018; and
 (ii)by striking an interim report and inserting a report; and (C)in paragraph (3)—
 (i)by striking July 1, 2007 and inserting 360 days after the date of the enactment of the Homeless Veterans Comprehensive Assistance Act of 2018; and
 (ii)by striking final. 4.Extension of Authority for Housing Assistance for Homeless VeteransSection 2041(c) of title 38, United States Code, is amended by striking 2017 and inserting 2020.
 5.Additional options for dental careSection 2062 of title 38, United States Code, is amended— (1)in subsection (b)(2), by adding at the end the following:

 (E)A Federally qualified health center.; and (2)by adding at the end the following:

 (d)ProvidersFor purposes of section 1712(a)(1)(H), the Secretary may award a contract to a Federally qualified health center that provides services to a veteran described in subsection (b).
					.
 6.Extension of authority for technical assistance grants for nonprofit community-based groupsSection 2064(b) of title 38, United States Code, is amended by striking 2007 through 2012 and inserting 2019 through 2022. 7.Additions to annual reportSection 2065(c) of title 38, United States Code, is amended—
 (1)by redesignating paragraph (7) as paragraph (9); and (2)by inserting after paragraph (6) the following:

 (7)Information about the number of veterans referred to Federally qualified health centers. (8)Information about the methods used to communicate to veterans the availability of care at Federally qualified health centers and an evaluation of the effectiveness of such methods..
 8.Addition to advisory committee and extensionSection 2066 of title 38, United States Code, is amended— (1)in subsection (a)(2)—
 (A)in subparagraph (C), by inserting , including Federally qualified health centers and primary care associations after homeless individuals; (B)by redesignating subparagraph (J) as subparagraph (K); and
 (C)by inserting after subparagraph (I) the following:  (J)Advocates for women veterans.; and
 (2)in subsection (d), by striking September 30, 2018 and inserting December 31, 2022. 9.Extension of authority for Veterans Affairs supported housing programSubparagraph (B) of section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by striking clauses (i) through (v) and inserting the following:

 (i)for fiscal year 2019, the amount necessary to provide 2,500 vouchers for rental assistance under this subsection; and
 (ii)for fiscal year 2020, the amount necessary to provide 2,500 vouchers for rental assistance under this subsection..


115 SRES 430 IS: Expressing support for the designation of March 9, 2018, as a national day of remembrance in honor of the life, legacy, and many accomplishments of Billy Frank, Jr.
U.S. Senate
2018-03-12
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.

III115th CONGRESS2d SessionS. RES. 430IN THE SENATE OF THE UNITED STATESMarch 12, 2018Ms. Cantwell (for herself and Mrs. Murray) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing support for the designation of March 9, 2018, as a national day of remembrance in honor
			 of the life, legacy, and many accomplishments of Billy Frank, Jr.

 Whereas, in the 1850s, the United States Government signed a series of treaties with Washington State Tribes under which the Tribes granted millions of acres of land to the United States in exchange for the establishment of reservations and the recognition of traditional hunting, fishing, and gathering rights;
 Whereas Billy Frank, Jr., was born to Willie Frank, Sr., and Angeline Frank on March 9, 1931, at Frank’s Landing on the banks of the Nisqually River in Washington State;
 Whereas the tireless efforts and dedication of Billy Frank, Jr., led to a historic legal victory that ensured that the United States would honor promises made in treaties with the Washington Tribes;
 Whereas Billy Frank, Jr., was first arrested in December of 1945, at the age of 14, for fishing for salmon in the Nisqually River;
 Whereas Billy Frank, Jr., was subsequently arrested more than 50 times for exercising his treaty-protected right to fish for salmon;
 Whereas over the years, Billy Frank, Jr., and other Tribal members staged fish-ins that often placed the protestors in danger of being arrested or attacked; Whereas during these fish-ins, Billy Frank, Jr., and others demanded that they be allowed to fish in historically Tribal waters, a right the Nisqually had reserved in the Treaty of Medicine Creek;
 Whereas declining salmon runs in Washington waters resulted in increased arrests of Tribal members exercising their fishing rights under the Treaty of Medicine Creek;
 Whereas, on February 12, 1974, in the case of United States v. Washington, Judge George Hugo Boldt of the United States District Court for the Western District of Washington issued a decision that affirmed the right of Washington treaty Tribes to take up to half of the harvestable salmon in western Washington, reaffirmed Tribal treaty-reserved rights, and established the Tribes as comanagers of the salmon resource;
 Whereas the Ninth Circuit Court of Appeals and the Supreme Court of the United States upheld the Boldt decision;
 Whereas after the Boldt decision, Billy Frank, Jr., continued his fight to protect natural resources, salmon, and a healthy environment;
 Whereas the Northwest Indian Fisheries Commission, where Billy Frank, Jr., served as chairman, assists its 20 member Tribes in managing fisheries and works to establish relationships with State agencies and non-Indian groups to restore and protect habitats, and protect Tribal treaty rights;
 Whereas Billy Frank, Jr., refused to be bitter in the face of jail, racism, and abuse, and his influence was felt not just in Washington State but around the world;
 Whereas Billy Frank, Jr., was awarded the Albert Schweitzer Prize for Humanitarianism, the Common Cause Award for Human Rights Efforts, the American Indian Distinguished Service Award, the Washington State Environmental Excellence Award, and the Wallace Stegner Award for his years of service and dedication to his battle;
 Whereas, in 2015, Billy Frank, Jr., was posthumously awarded the Presidential Medal of Freedom by President Barack Obama;
 Whereas, in 2015, Congress passed the Billy Frank Jr. Tell Your Story Act (Public Law 114–101), renaming the Nisqually National Wildlife Refuge in honor of Billy Frank, Jr., and establishing a national memorial at nearby McAllister Creek, where the Medicine Creek Treaty was signed in 1854 between the United States Government and the Nisqually, Muckleshoot, Puyallup, and Squaxin Island Tribes;
 Whereas the legacy of Billy Frank, Jr., will live on in stories, in memories, and every time a Tribal member exercises his or her right to harvest salmon in Washington State; and
 Whereas the legacy of Billy Frank, Jr., continues to inspire those still around today and those still to come: Now, therefore, be it

 That the Senate supports a national day of remembrance in honor of the life, legacy, and many accomplishments of Billy Frank, Jr.


115 HRES 130 IH: Supporting efforts to increase competition and accountability in the health insurance marketplace, and to extend accessible, quality, affordable health care coverage to every American through the choice of a public insurance plan.
U.S. House of Representatives
2017-02-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 130IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2017Mr. DeFazio (for himself, Mr. Courtney, Mr. Blumenauer, Ms. Bonamici, Mr. Garamendi, Mr. Ellison, Ms. Norton, Mr. Polis, Ms. Shea-Porter, Ms. Roybal-Allard, and Ms. DeLauro) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONSupporting efforts to increase competition and accountability in the health insurance marketplace,
			 and to extend accessible, quality, affordable health care coverage to
			 every American through the choice of a public insurance plan.

 Whereas under the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 119) (referred to in this preamble as the Affordable Care Act), 20,000,000 Americans have gained health insurance coverage, including 11,000,000 Americans that have coverage through the public exchanges created by that Act;
 Whereas the uninsured rate is at its lowest point in history, but there is more work to be done to provide access to coverage for Americans that remain uninsured, and to reduce deductibles and out-of-pocket costs for the 31,000,000 Americans who are currently underinsured;
 Whereas before the date of enactment of the Affordable Care Act, millions of individuals with preexisting conditions were denied health coverage by insurance companies that controlled who received health care in the United States;
 Whereas profound disparities persist in health outcomes based on race, ethnicity, and geography, and nearly 4,000,000 adults, disproportionately people of color, lack coverage as a result of the failure of 19 States to expand the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) under the Affordable Care Act;
 Whereas public insurance options for workers’ compensation insurance have resulted in lower rates for small businesses and more competition in several States;
 Whereas giving all Americans the choice of a public, nonprofit health insurance option would— (1)lead to increased competition and reduced premiums;
 (2)cut wasteful spending on administration, marketing, and executive pay; and (3)ensure that consumers have the affordable choices they deserve;
 Whereas public programs such as the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) often deliver care more cost-effectively by limiting administrative overhead and securing better prices from providers; and
 Whereas the Congressional Budget Office has found that a public health insurance option would save taxpayers billions of dollars: Now, therefore, be it

 That the House of Representatives supports efforts to build on the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 119) by ensuring that, in addition to the health coverage options provided by private insurers, every American has access to a public health insurance option, which, when established, will—
 (1)strengthen competition; (2)improve affordability for families by reducing premiums and increasing choices; and
 (3)save American taxpayers billions of dollars.


		II

		109th CONGRESS

		2d Session

		S. 2480

		IN THE SENATE OF THE UNITED STATES

			March 29, 2006

			Mr. Bennett (for himself

			 and Mr. Leahy) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Commerce, Science, and

			 Transportation

		A BILL

		To amend the Fairness to Contact Lens Consumers Act with

		  respect to the availability of contact lenses.

		1.Short

			 titleThis Act may be cited as

			 the Contact Lens Consumer Protection

			 Act.

		2.Contact lens

			 consumer protectionThe

			 Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.) is amended by

			 inserting after section 7, the following new section:

				7A.Policy

				regarding the availability of contact lenses

					(a)In

				GeneralA manufacturer shall make any contact lens the

				manufacturer produces, markets, distributes, or sells available in a

				commercially reasonable and nondiscriminatory manner to—

						(1)prescribers;

						(2)entities

				associated with prescribers; and

						(3)alternative

				channels of distribution.

						(b)Exclusion

						(1)In

				generalFor purposes of this section, the term contact

				lens does not include lenses that are described in paragraph (2).

						(2)Lenses

				describedThe lenses described in this paragraph include—

							(A)rigid gas

				permeable lenses;

							(B)bitoric gas

				permeable lenses;

							(C)bifocal gas

				permeable lenses;

							(D)keratoconus

				lenses;

							(E)custom soft toric

				lenses; and

							(F)any other custom

				designed lenses that are manufactured for an individual patient and are not

				mass marketed or mass produced.

							(c)DefinitionsIn

				this section:

						(1)Alternative

				channels of distributionThe term alternative channels of

				distribution means any mail order company, Internet retailer, pharmacy,

				buying club, department store, or mass merchandise outlet, without regard to

				whether the entity is associated with a prescriber, unless the entity is a

				competitor as defined in paragraph (2).

						(2)CompetitorThe

				term competitor means an entity that manufactures contact lenses

				and sells the lenses in direct competition with another manufacturer.

						(3)ManufacturerThe

				term manufacturer includes the manufacturer and the parent company

				of the manufacturer, and any subsidiaries, affiliates, successors, and assigns

				of the manufacturer.

						(d)Safe Harbor for

				ManufacturersNothing in this section shall be deemed to impose

				on a manufacturer an obligation to—

						(1)sell to a

				competitor;

						(2)sell contact

				lenses to different contact lens distributors or customers at the same price,

				consistent with applicable Federal law;

						(3)open or maintain

				any account for a seller who is not in substantial compliance with this

				Act;

						(4)decide whether to

				sell to a low volume account directly or through a distributor; or

						(5)make available to

				sellers in all geographic areas lenses that are being test marketed on a

				limited basis in one geographic area.

						(e)RulemakingThe

				Federal Trade Commission shall prescribe rules to carry out this section in the

				same manner as set forth under section 8 of this Act and any rule prescribed

				under this section shall take effect not later than 60 days after the date of

				the enactment of this Act.

					(f)ViolationsAny

				violation of this section or the rules required under subsection (e) shall be

				treated in the same manner as provided for under section 9 of this

				Act.

					.