115 HR 6097 IH: State-Based Universal Health Care Act of 2018
U.S. House of Representatives
2018-06-13
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. 6097IN THE HOUSE OF REPRESENTATIVESJune 13, 2018Ms. Jayapal (for herself, Ms. Schakowsky, and Mr. Pocan) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Oversight and Government Reform, Armed Services, and Education and the Workforce, 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 I of the Patient Protection and Affordable Care Act to authorize the establishment
			 of, and provide support for, State-based universal health care systems
			 that provide comprehensive health benefits to State residents, and for
			 other purposes.

		1.Short title; purpose
 (a)Short titleThis Act may be cited as the State-Based Universal Health Care Act of 2018. (b)PurposeThe purpose of this Act is to establish a flexible framework under which States can provide comprehensive universal health coverage to all of their residents.
			2.Waiver for State universal health care
 (a)In generalTitle I of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by striking section 1332 (42 U.S.C. 18052) and inserting the following new section:

					1332.Waiver for State universal health care
						(a)Application
 (1)In generalA State may apply to the Secretary (as defined in subsection (i)(3)) for the waiver of so much of the requirements described in paragraph (2) with respect to health benefits coverage within that State for plan years beginning on or after January 1, 2019, as is necessary to implement a comprehensive State universal health care plan in the State under this section. Such application shall—
 (A)be filed at such time and in such manner as the Secretary may require; (B)contain such information as the Secretary may require, including—
 (i)a comprehensive description of the State legislation and program to implement a plan meeting the requirements for a waiver under this section;
 (ii)a plan for how the State will achieve in 5 years health coverage for at least 95 percent of the population of the State, with five percent of the population of the State not spending more than 10 percent of their adjusted gross income on health; and
 (iii)a 10-fiscal-year budget plan for such plan that is budget neutral for the Federal Government; and (C)provide an assurance that the State has enacted, or will be enacting before the current State legislative session adjourns, the law described in subsection (b)(2).
 (2)RequirementsThe requirements described in this paragraph with respect to health benefits coverage within the State for plan years beginning on or after January 1, 2019, are as follows:
 (A)Parts I, II, and III of this subtitle. (B)Section 1402.
 (C)Sections 36B and 4980H of the Internal Revenue Code of 1986. (D)Title XI of the Social Security Act.
 (E)Title XVIII of the Social Security Act. (F)Title XIX of the Social Security Act.
 (G)Title XXI of the Social Security Act. (H)Chapter 89 of title 5 of the United States Code.
 (I)Chapter 55 of title 10, United States Code, including coverage under the TRICARE program. (J)Section 514 of the Employee Retirement Income Security Act of 1974.
 (3)Pass through of fundingWith respect to a State waiver under paragraph (1), under which the State assumes responsibility for health coverage under a specified Federal health program, including under each of the Federal health care or subsidy programs specified in subparagraphs (B), (C), (E), (F), (G), and (H) of paragraph (2), the Secretary shall not spend Federal health funds that would otherwise have been spent for such program and shall provide for an alternative means by which the aggregate amount of such funds shall be paid to the State for purposes of implementing the State plan under the waiver. Such amount shall be determined annually by the Secretary, taking into account the amount that would otherwise have been spent under such Federal health program with respect to residents of such State, if such waiver did not apply. Such amount shall include funds equal to the amount of premium tax credits, cost-sharing reductions, or small-business credits under sections 36B and 45R of the Internal Revenue Code of 1986 or under section 1402 that would have been available to individuals and businesses in the State if such waiver did not apply.
							(4)Waiver consideration and transparency
 (A)In generalAn application for a waiver under this section shall be considered by the Secretary, after taking into account recommendations of the Panel under subsection (g), in accordance with the regulations described in subparagraph (B).
 (B)RegulationsNot later than 180 days after the date of enactment of the State-Based Universal Health Care Act of 2017, the Secretary shall promulgate regulations relating to waivers under this section that provide— (i)a process for public notice and comment in accordance with the public notice and comment requirements applicable under regulations used for Medicaid waivers pursuant to section 1115 of the Social Security Act;
 (ii)a process for the submission of an application that ensures the disclosure of— (I)the provisions of law that the State involved seeks to waive; and
 (II)the specific plans of the State to ensure that the waiver will be in compliance with subsection (b);
 (iii)a process for providing public notice and comment after the application is received by the Secretary, that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to, or duplicative of, requirements imposed under the Administrative Procedure Act, or requirements that are unreasonable or unnecessarily burdensome with respect to State compliance;
 (iv)a process for the Panel under subsection (g) to consider the applications for waivers so submitted and provide recommendations with respect to such applications;
 (v)a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver;
 (vi)a process for the periodic evaluation by the Secretary with respect to waivers granted under this section; and
 (vii)a process for providing technical assistance on— (I)how to develop an application to any State seeking to submit an application for a waiver relating to developing a program of providing health care for all residents for such State; and
 (II)how to improve such a program for purposes of a State seeking assistance pursuant to subsection (e)(2).
 (C)ReportThe Secretary shall annually report to Congress concerning actions taken by the Secretary with respect to applications for waivers, and programs conducted through waivers granted, under this section. Each such report shall include, with respect to any action by the Secretary so taken, with respect to an application, that was not consistent with the recommendations of the Panel under subsection (g), with respect to such application, the reasons such action was taken.
 (5)Regional waiver request and planNothing in this section shall be construed to prevent two or more States in a region from submitting a single application under this section for a waiver that establishes a plan that is applicable to all of the States included in such application. In the case of such an application and plan, the requirements of this section shall continue to be applicable with respect to each State included in such application.
 (6)Authorization of appropriationsThere is authorized to be appropriated such sums as may be necessary for providing funds to States with a waiver under this section for purposes of carrying out activities described in subsection (b)(1)(E).
							(b)Granting of waivers
 (1)In generalThe Secretary may grant a request for a waiver under subsection (a)(1) only if the Secretary determines that the State plan—
 (A)will provide, in accordance with subparagraph (B), health benefits coverage to State residents that is at least as comprehensive as the health benefits coverage that such residents would have received under the specified Federal health program (as defined in subsection (i)(4)) for which such residents would have been eligible, absent such waiver;
 (B)will provide, in the case of such a waiver under subsection (a)(1) for the State to waive any of the requirements described in subsection (a)(2)(F), health benefits coverage to State residents who would have otherwise received health benefits coverage in the form of medical assistance under the State Federal health program described in subsection (i)(4)(B) (regardless of whether the State provides for such assistance through a State plan under title XIX of the Social Security Act or a waiver of such plan) that includes at least the mandatory benefits under title XIX of the Social Security Act that are required of a State without a waiver of a State plan under such title, including at least benefits for early and periodic screening, diagnostic, and treatment; benefits for non-emergency transportation; and retroactive coverage;
 (C)will provide coverage and cost sharing protections against excessive out-of-pocket spending to State residents that are at least as affordable as the coverage and cost sharing protections under the specified Federal health program (as defined in subsection (i)(4)) for which such residents would have been eligible, absent such waiver;
 (D)will provide coverage to all residents of the State, including all those otherwise covered under the Federal health care or subsidy programs specified in subparagraphs (B), (C), (E), (F), (G), and (H) of subsection (a)(2), except individuals who are eligible for benefits through the Indian Health Service or for benefits and services under title 38, United States Code;
 (E)will provide for public education activities to raise awareness of the availability of qualified health plans and the facilitation of enrollment in such coverage in a manner similar to an entity that serves as a navigator under a grant under section 1311(i);
 (F)will be publicly administered by an agency of the State; (G)will not preclude the purchase of supplemental insurance;
 (H)will provide systems for complaints, appeals, independent review, and other procedures for accessing and maintaining benefits that are at least as accessible to State residents as those of the specified Federal health programs (as defined in subsection (i)(4)) for which such residents would have otherwise been eligible without application of such waiver under subsection (a)(1); and
 (I)will not increase the Federal deficit. Subparagraph (D) shall not be construed as limiting a State from contracting with one or more private entities to administer the plan.(2)Requirement to enact a law (A)In generalA law described in this paragraph is a State law that provides for State actions under a waiver under this section, including the implementation of the State plan under subsection (a)(1)(B).
 (B)Termination of opt outA State may repeal a law described in subparagraph (A) and terminate the authority provided under the waiver with respect to the State.
								(c)Scope of waiver
 (1)In generalThe Secretary shall determine the scope of a waiver of a requirement described in subsection (a)(2) granted to a State under subsection (a)(1).
 (2)LimitationUnder this section, the Secretary may not waive any Federal law or requirement that is not listed in subsection (a)(2).
							(d)Determinations by Secretary
 (1)Time for determinationThe Secretary shall, with respect to an application from a State under this subsection and after taking into account recommendations of the Panel under subsection (g) for such application, make a determination under subsection (a)(1) not later than 90 days after the receipt of such recommendations.
							(2)Effect of Determination
 (A)Granting of waiversIf the Secretary determines to grant a waiver under subsection (a)(1), the Secretary shall notify the State involved of such determination and the terms and effectiveness of such waiver.
 (B)Denial of waiverIf the Secretary determines a waiver should not be granted under subsection (a)(1), the Secretary shall notify the State involved and the appropriate committees of Congress of such determination and the reasons therefor.
								(e)Required reports; 5-Year review
 (1)In generalAs a condition of receipt of a waiver under this section, after each 5-year period of such waiver, a State shall submit to the Secretary a report that is carried out by an independent, non-partisan entity, with respect to such 5-year period and after a process for public notice and comment at the State level, including public hearings, sufficient to ensure a meaningful level of public input, on the following:
 (A)How waiver funds have been spent by the State. (B)The number of residents of the State without health insurance and a description of how the State plans to provide health insurance coverage within the subsequent 5 years to residents of the State without health insurance.
 (C)How affordability in the State for health care has changed over the period. (D)Whether the State has achieved health coverage for at least 95 percent of the population of the State.
 (E)Any additional information specified by the Secretary for purposes of determining the successes and challenges of the waiver.
 (2)5-year reviewIn the case a State, based on the report submitted under paragraph (1) for a 5-year period— (A)has been determined by the Secretary, after taking into account recommendations of the Panel under subsection (g), to have not achieved health coverage for at least 95 percent of the population of the State—
 (i)the State shall have access to technical assistance described in subsection (a)(4)(B)(vii) to improve the health insurance program of the State implemented through the waiver under this section;
 (ii)the State shall have a grace period of 6 months after such determination to achieve health coverage for at least 95 percent of such population; and
 (iii)if after such 6 months, the State has not achieved such health coverage, the waiver under this section shall be terminated; and
 (B)has been determined by the Secretary, after taking into account recommendations of the Panel under subsection (g), to have achieved health coverage for at least 95 percent of the population of the State, the State, as a condition of continuing such waiver, shall submit to the Secretary a plan for achieving health coverage for the remainder of the population of the State.
								(f)Assuring coordination
 (1)In generalNot later than 180 days after the enactment of the State-Based Universal Health Care Act of 2018, the Secretary of Health and Human Services, the Secretary of the Treasury, the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Labor shall, through the execution of an interagency memorandum of understanding among such Secretaries and the Director—
 (A)develop a process for coordinating and consolidating the State waiver processes applicable under the provisions of this section, and the existing waiver processes applicable under—
 (i)titles XI, XVIII, XIX, and XXI of the Social Security Act; and (ii)any other Federal law relating to the provision of health care items or services; and
 (B)ensure that— (i)regulations (including regulations required under subsection (a)(4)(B)), rulings, and interpretations issued by such Secretaries and the Director relating to the same matter over which two or more such Secretaries or Director have responsibility under this section are administered so as to have the same effect at all times; and
 (ii)coordination of policies relating to the granting, implementation, and continuation of waivers through such Secretaries and Director in order to have a coordinated strategy that avoids duplication of effort by the States or Secretaries and Director and ensures clarity about waiver application status and approval.
 (2)Single applicationThe process under paragraph (1)(A) shall permit a State to submit a single application for a waiver under all of the provisions of this section and the provisions of law listed under clauses (i) and (ii) of such paragraph.
 (3)Submission of conforming amendmentsThe Secretary of Health and Human Services, in coordination with the other Secretaries (including the Director of the Office of Personnel Management), shall submit to Congress such recommendations for such technical and conforming amendments to law as may be appropriate to assist in the implementation of this section.
							(g)Independent Assessment Panel for Comprehensive Health Care
 (1)EstablishmentThere is established a committee to be known as the Independent Assessment Panel for Comprehensive Health Care (in this section referred to as the Panel). (2)Consideration of submissionsThe Secretary shall forward a copy of each waiver application submitted under this section to the Panel for consideration under this subsection.
 (3)DutiesThe Panel shall— (A)review any waiver application by a State forwarded under paragraph (2) and any report submitted under paragraph (1) of subsection (e) for purposes of the review under paragraph (2) of such subsection;
 (B)not later than 90 days after submission of such application (or report) by the State, provide to the State and to the Secretary the recommendations of the Panel regarding the approval or disapproval of such waiver application (or regarding the status of the waiver for continuation pursuant to subsection (e)(2)) and, if applicable, possible improvements to such application (or for purposes of subsection (e)(2)); and
 (C)submit to Congress an annual report on waiver applications (and waiver reports under subsection (e)) reviewed by the Panel during the applicable year, including the number of applications (and reports) received and the number of applications recommended for approval (and of reports with respect to which recommendations for continuation were provided).
								(4)Membership
 (A)Number and appointmentThe Panel shall consist of seven members appointed by the Secretary of Health and Human Services, of whom—
 (i)one shall be appointed on the recommendation of the Speaker of the House of Representatives; (ii)one shall be appointed on the recommendation of the minority leader of the House of Representatives;
 (iii)one shall be appointed on the recommendation of the majority leader of the Senate; (iv)one shall be appointed on the recommendation of the minority leader of the Senate;
 (v)one shall be appointed from the Republican Governors Association; (vi)one shall be appointed from the Democratic Governors Association; and
 (vii)one shall be a representative from the consumer advocacy community. (B)Term of service (i)In generalEach member of the Panel shall serve a three-year term. A member may serve after the expiration of that member’s term until a successor has been appointed pursuant to subparagraph (A).
 (ii)VacancyAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
 (C)PayMembers of the Panel shall serve without pay. (D)Chairperson; Vice Chairperson (i)ChairpersonThe Secretary of Health and Human Services, or a designee of the Secretary, shall serve on the Panel as the Chairperson of the Panel.
 (ii)Vice ChairpersonThe Administrator of the Federal Emergency Management Agency, or a designee of the Administrator, shall serve on the Panel as the Vice Chairperson of the Panel.
 (5)Staff, experts, and consultantsThe Panel may— (A)appoint such staff as the Panel considers to be appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service;
 (B)fix the pay of such staff, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; and
 (C)procure the services of experts and consultants in accordance with the provisions of section 3109(b) of such title.
 (6)Detail of Federal personnelUpon request of the Panel, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Panel to assist it in carrying out the duties under paragraph (3).
 (7)Federal Advisory Committee ActThe Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Panel. (8)Authorization of appropriationsThere is authorized to be appropriated such sums as may be necessary to the Panel for carrying out the duties of the panel for each of fiscal years 2018 through 2023.
							(h)Guidance relating to American Indians and Alaska Natives
 (1)In generalThe Secretary shall issue guidance with respect to applying the provisions of this section in a manner consistent with the following:
 (A)To further the goal that Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting responsibility to, the American Indian people.
 (B)No enrollment fee, premium, or similar charge, and no deduction, copayment, cost sharing, or similar charge is to be imposed against an Indian who is furnished an item or service through a waiver under this section. All costs incurred in waiving such charges shall be borne by the Federal Government in fulfillment of the trust responsibility.
 (C)A State may not require the enrollment of an individual who is an Indian in health insurance offered through a waiver under this section.
 (D)Health insurance issuers offering coverage pursuant to a waiver under this section must make good faith efforts to contract with Indian Health Care Providers operating within the area served by the issuers.
 (E)Health insurance issuers offering coverage pursuant to a waiver under this section shall pay Indian Health Care Providers, whether such providers are participating or nonparticipating providers with respect to the coverage, for covered services provided to those Indian enrollees who are eligible to receive services from such providers at a rate equal to the rate negotiated between such entity and the provider involved or, if such a rate has not been negotiated, at a rate that is not less than the level and amount of payment which the entity would make for the services if the services were furnished by a participating provider which is not an Indian Health Care Provider.
 (F)Health insurance issuers offering coverage pursuant to a waiver under this section will include a standard contract addendum when contracting with Indian Health Care Providers. The contract addendum will be developed in consultation with tribes and in conference with Urban Indian Health Programs operating within the service area of the State.
 (G)The treatment of Indians under this legislation does not constitute invidious racial discrimination in violation of the Due Process Clause of the Fifth or Fourteenth Amendments, but is reasonable and rationally designed to further the health of Indians.
 (H)In the case of any State in which 1 or more Indian Health Care Programs furnishes health care services, the State will provide for a process under which the State seeks advice on a regular, ongoing basis from designees of such Indian Health Care Programs and Urban Indian Organizations on matters relating to the application of a waiver under this section that are likely to have a direct effect on such Indian Health Programs and that—
 (i)shall include solicitation of advice prior to submission of any plan amendments, waiver requests, and proposals for demonstration projects likely to have a direct effect on Indians or Indian Health Care Programs; and
 (ii)may include appointment of an advisory committee and of a designee of such Indian Health Care Programs to the medical care advisory committee advising the State on its waiver under this section.
 (2)DefinitionsFor purposes of this subsection: (A)The term Indian has the meaning given such term in section 447.50 of title 42 of the Code of Federal Regulations (as in effect on July 1, 2010).
 (B)The term Indian Health Care Provider has the meaning given such term in section 438.14(a) of title 42 of the Code of Federal Regulations.
 (i)DefinitionsIn this section: (1)Health benefits coverageThe term health benefits coverage—
 (A)means— (i)health insurance coverage, as such term is defined in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)); and
 (ii)coverage under a group health plan, as such term is defined in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg–91(a)); and
 (B)includes any medical coverage or health benefits provided under any specified Federal health program described in subparagraphs (A) through (E) of paragraph (4).
 (2)ResidentWith respect to a State, the term resident means an individual— (A)who is—
 (i)a citizen or national of the United States; or (ii)an alien lawfully residing in the State (including an alien who is granted deferred action or who is otherwise authorized to remain in the United States); and
 (B)whose primary residence (as defined by the State) is located in the State. (3)SecretaryThe term Secretary means—
 (A)the Secretary of Health and Human Services with respect to waivers relating to the provisions described in subparagraphs (A), (B), and (D) through (G) of paragraph (2) of subsection (a);
 (B)the Secretary of the Treasury with respect to waivers relating to the provisions described in subparagraph (C) of such paragraph;
 (C)the Director of the Office of Personnel Management with respect to waivers relating to the provisions described in subparagraph (H) of such paragraph;
 (D)the Secretary of Defense with respect to waivers relating to the provisions described in subparagraph (I) of such paragraph; and
 (E)the Secretary of Labor with respect to waivers relating to the provisions described in subparagraph (J) of such paragraph.
 (4)Specified Federal health programThe term specified Federal health program means all of the following programs: (A)The Medicare program under title XVIII of the Social Security Act.
 (B)The Medicaid program under title XIX of the Social Security Act. (C)The Children’s Health Insurance Program under title XXI of the Social Security Act.
 (D)The Federal Employees Health Benefits Plan under chapter 89 of title 5 of the United States Code. (E)Medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program.
 (F)An Exchange established under this subtitle. (G)Subsidies under section 1402.
 (H)Tax credits under sections 36B and 45R of the Internal Revenue Code of 1986.. (b)Clerical amendmentThe item in the table of contents in section 1(b) of the Patient Protection and Affordable Care Act relating to section 1332 is amended to read as follows:

						Sec. 1332. Waiver for State universal health care..
			(c)Continuation of current law for current waivers and waiver applications
 (1)In generalSubject to paragraph (2), in the case of a State that has applied to the Secretary of Health and Human Services for a waiver under section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 18052), as in effect before the enactment of this Act, for plan year 2018, such section 1332 shall continue to apply to such application and to any waiver under such application for subsequent plan years.
 (2)Transition to new waiver lawNothing in paragraph (1) shall be construed as preventing a State described in such paragraph from withdrawing an application described in such paragraph (or requesting the Secretary to terminate an approved waiver referred to in such paragraph) for plan year 2019 or a subsequent plan year and subsequently applying for a waiver under section 1332 of the Patient Protection and Affordable Care Act, as amended by subsection (a), for such a plan year.


		II
		112th CONGRESS
		2d Session
		S. 2997
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  majantol.

		1.Majantol
			(a)In
			 generalHeading 9902.01.39 of the Harmonized Tariff Schedule of
			 the United States (relating to 2,2-Dimethyl-3-(3-methylphenyl)propanol) is
			 amended by striking the date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


115 HRES 26 IH: Expressing the sense of the House of Representatives that the provisions of the Patient Protection and Affordable Care Act that restored the original black lung benefits eligibility requirements should not be reduced but should be preserved and protected.
U.S. House of Representatives
2017-01-05
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. 26IN THE HOUSE OF REPRESENTATIVESJanuary 5, 2017Mr. Jenkins of West Virginia (for himself, Mr. Rogers of Kentucky, Mr. McKinley, Mr. Griffith, and Mr. Mooney of West Virginia) submitted the following resolution; which was referred to the Committee on Education and the WorkforceRESOLUTIONExpressing the sense of the House of Representatives that the provisions of the Patient Protection
			 and Affordable Care Act that restored the original black lung benefits
			 eligibility requirements should not be reduced but should be preserved and
			 protected.

 Whereas men and women who spend their lives mining coal deserve the black lung benefits afforded them through the Black Lung Benefits Act;
 Whereas these critical benefits are important for thousands of men and women across the United States;
 Whereas, since 1969, black lung benefits have been guaranteed by the Federal Government and have provided assistance for miners and their widows;
 Whereas, in 1981, the Black Lung Benefits Act was amended tightening eligibility requirements and eliminating two provisions regarding the entitlement benefits of coal minors and survivors alike;
 Whereas the Black Lung Benefits Act was amended by the Patient Protection and Affordable Care Act to restore provisions similar to those in the original Black Lung Benefits Act, providing equity for certain eligible survivors;
 Whereas these restored black lung benefits are critical for the widows and widowers of miners; Whereas the leadership of the House of Representatives and the Senate have indicated that Congress will act to repeal the Patient Protection and Affordable Care Act in the 115th Congress; and
 Whereas President-elect Donald Trump has indicated that he would sign a repeal of the Patient Protection and Affordable Care Act: Now, therefore, be it

 That it is the sense of the House of Representatives that in the event that Congress drafts provisions to amend or repeal the Patient Protection and Affordable Care Act, the provisions of such Act that restored the original black lung benefits eligibility requirements should not be reduced but should be preserved and protected.


		I
		112th CONGRESS
		1st Session
		H. R. 1617
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2011
			Mr. Honda (for
			 himself, Ms. Bordallo,
			 Ms. Chu, Ms. Clarke of New York,
			 Mr. Ellison,
			 Mr. Faleomavaega,
			 Mr. Filner,
			 Mr. Al Green of Texas,
			 Mr. Grijalva,
			 Mr. Gutierrez,
			 Ms. Hirono,
			 Ms. Lee of California,
			 Ms. Matsui,
			 Mr. Polis,
			 Mr. Quigley,
			 Ms. Roybal-Allard,
			 Mr. Sablan,
			 Mr. Stark,
			 Ms. Zoe Lofgren of California,
			 Mrs. Napolitano,
			 Mr. Gene Green of Texas, and
			 Ms. Hanabusa) introduced the following
			 bill; which was referred to the Committee
			 on Education and the Workforce

		A BILL
		To strengthen communities through English literacy and
		  civics education for new Americans, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Strengthen and Unite Communities with Civics Education and
			 English Development Act of 2011.
			(b)Table of
			 contentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Title I—Expanding English literacy, U.S. history, and civics
				education
					Sec. 101. Increased investment in English literacy, U.S.
				history, and civics education under the Adult Education and Family Literacy
				Act.
					Sec. 102. Definitions of English language learner.
					Sec. 103. Research in adult education.
					Title II—Supporting English language acquisition and adult
				education in the workforce
					Sec. 201. Presidential award for business leadership in
				promoting United States citizenship.
					Title III—Building stronger communities
					Sec. 301. Office of Citizenship and Immigrant
				Integration.
					Sec. 302. Grants to States.
					Sec. 303. Authorized activities.
					Sec. 304. Reporting and evaluation.
					Sec. 305. New citizens award program.
					Sec. 306. Rule of construction.
					Sec. 307. Authorization of appropriations.

			2.PurposesThe purposes of this Act are—
			(1)to meet the
			 growing need for English literacy, U.S. history, and civics education programs
			 for new Americans in the United States; and
			(2)to encourage
			 proactive policies to introduce new Americans into the Nation in order to
			 maximize the benefits provided to these individuals and to the
			 community.
			IExpanding English
			 literacy, U.S. history, and civics education
			101.Increased
			 investment in English literacy, U.S. history, and civics education under the
			 Adult Education and Family Literacy Act
				(a)Integrated
			 english literacy and civics education programSection 203 of the
			 Adult Education and Family Literacy Act (20 U.S.C. 9202) is amended—
					(1)by redesignating
			 paragraphs (12) through (18) as paragraphs (13) through (19), respectively;
			 and
					(2)by inserting after
			 paragraph (11), the following:

							(12)Integrated
				english literacy, U.S. history, and civics education programThe
				term integrated English literacy, U.S. history, and civics education
				program means a program of instruction designed to help an English
				language learner achieve competence in English through contextualized
				instruction on the rights and responsibilities of citizenship, naturalization
				procedures, civic participation, and United States history and government to
				help such learner acquire the skills and knowledge to become an active and
				informed parent, worker, and community
				member.
							.
					(b)State leadership
			 activitiesSection 223(a) of the Adult Education and Family
			 Literacy Act (20 U.S.C. 9223(a)) is amended by inserting after paragraph (11)
			 the following:

						(12)Technical
				assistance for grant applications of faith- and community-based
				organizations.
						.
				(c)National
			 institute for literacySection 242(c)(1) of the Adult Education
			 and Family Literacy Act (20 U.S.C. 9252(c)(1)) is amended—
					(1)by redesignating
			 subparagraphs (G), (H), and (I), as subparagraphs (I), (J), and (K),
			 respectively; and
					(2)by inserting after
			 subparagraph (F) the following:

							(G)to coordinate and
				share information with national organizations and associations that are
				interested in integrated English literacy, U.S. history, and civics education
				programs;
							(H)to study the
				effectiveness of distance learning or self-study programs in assisting the
				English language learner population achieve competence in
				English;
							.
					(d)ReportSection
			 242(k) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(k)) is
			 amended—
					(1)in paragraph (2),
			 by striking and after the semicolon;
					(2)by redesignating
			 paragraph (3) as paragraph (4); and
					(3)by inserting after
			 paragraph (2) the following:

							(3)a separate
				analysis of—
								(A)national and State
				adult English instruction needs;
								(B)data on the
				composition of recent immigration flows and immigration settlement patterns
				across the United States; and
								(C)estimated
				instructional needs based on the English ability and educational attainment of
				English language learners under recent migration patterns;
				and
								.
					(e)National
			 leadership activitiesSection 243 of the Adult Education and
			 Family Literacy Act (20 U.S.C. 9253) is amended—
					(1)in paragraph
			 (1)—
						(A)in subparagraph
			 (A), by inserting and integrated English literacy, U.S. history, and
			 civics education programs before the semicolon at the end; and
						(B)in subparagraph
			 (B), by inserting and integrated English literacy, U.S. history, and
			 civics education programs before , based on scientific
			 evidence; and
						(2)in paragraph
			 (2)—
						(A)in subparagraph
			 (B), by inserting and integrated English literacy, U.S. history, and
			 civics education programs before the semicolon at the end;
						(B)in subparagraph
			 (D)(ii), by inserting integrated English literacy, U.S. history, and
			 civics education programs, before and workplace literacy
			 programs; and
						(C)in subparagraph
			 (E)—
							(i)in
			 clause (i), by inserting and integrated English literacy, U.S. history,
			 and civics education programs before the semicolon at the end;
							(ii)in
			 clause (iii), by striking and after the semicolon;
							(iii)in
			 clause (iv)—
								(I)by striking
			 section 231 and inserting sections 231 and 244;
			 and
								(II)by inserting
			 and after the semicolon; and
								(iv)by
			 adding at the end the following:

									(v)the extent to
				which integrated English literacy, U.S. history, and civics education programs
				carried out under section 244 lead participants in such programs to increase
				their civic participation and, if applicable, lead such participants to become
				United States
				citizens;
									.
							(f)Integrated
			 english literacy, U.S. history, and civics educationChapter 4 of
			 subtitle A of the Adult Education and Family Literacy Act (20 U.S.C. 9251 et
			 seq.) is amended by adding at the end the following:

						244.Integrated
				english literacy, U.S. history, and civics education programs
							(a)Program
				authorizedFrom funds appropriated to carry out this section, the
				Secretary shall award grants to States, from allocations under subsection (b),
				for integrated English literacy, U.S. history, and civics education
				programs.
							(b)Allocations
								(1)In
				generalSubject to paragraph (2), from the amount appropriated
				under subsection (c) for a fiscal year, the Secretary shall allocate—
									(A)65 percent of such
				amount to States on the basis of a State's need for integrated English, U.S.
				history, and civics education programs, as determined by calculating each
				State's share of a 10-year average of the data compiled by the Office of
				Immigration Statistics of the Department of Homeland Security, for immigrants
				admitted for lawful permanent residence for the 10 most recent years;
				and
									(B)35 percent of such
				amount to the States on the basis of whether the State experienced growth, as
				measured by the average of the 3 most recent years for which data compiled by
				the Office of Immigration Statistics of the Department of Homeland Security are
				available, for immigrants admitted for lawful permanent residence.
									(2)MinimumNo
				State shall receive an allocation under paragraph (1) in an amount that is less
				than $60,000.
								(c)Authorization of
				appropriationFor the purpose of carrying out this section, there
				are authorized to be appropriated $200,000,000 for fiscal year 2012,
				$250,000,000 for fiscal year 2013, and $300,000,000 for fiscal year
				2015.
							.
				102.Definitions of
			 English language learner
				(a)Adult education
			 and family literacy ActThe Adult Education and Family Literacy
			 Act (20 U.S.C. 9201 et seq.) is amended—
					(1)in section 203(6)
			 (20 U.S.C. 9202(6)), by striking individuals of limited English
			 proficiency and inserting English language
			 learners;
					(2)in section 203 (20
			 U.S.C. 9202)—
						(A)in paragraph
			 (10)—
							(i)in
			 the paragraph heading, by striking Individual of limited english proficiency
			 and inserting English
			 language learner; and
							(ii)in
			 the matter preceding subparagraph (A), by striking individual of limited
			 English proficiency and inserting English language
			 learner; and
							(B)by redesignating
			 paragraphs (6), (7), (8), (9), and (10), as paragraphs (7), (8), (9), (10), and
			 (6), respectively;
						(3)in section
			 224(b)(10)(D) (20 U.S.C. 9224(b)(10)(D)), by striking individuals with
			 limited English proficiency and inserting English language
			 learners; and
					(4)in section
			 243(2)(D)(ii) (20 U.S.C. 9253(2)(D)(ii)), by striking individuals with
			 limited English proficiency who are adults and inserting adult
			 English language learners.
					(b)Elementary and
			 secondary education Act of 1965
					(1)AmendmentSection
			 9101(25) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7801(25)) is amended by striking the matter preceding subparagraph (A) and
			 inserting the following:

							(25)English
				language learnerThe term English language learner
				means an
				individual—
							.
					(2)ReferencesAny
			 reference in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
			 et seq.) to an individual who is limited English proficient shall be construed
			 to refer to an English language learner.
					103.Research in
			 adult education
				(a)In
			 generalSection 133(c)(2)(A) of the Education Sciences Reform Act
			 of 2002 (20 U.S.C. 9533(c)(2)(A)) is amended by inserting education
			 and before literacy.
				(b)National
			 research and development center
					(1)In
			 generalThe Secretary of Education shall direct the Commissioner
			 for Education Research of the National Center for Education Research
			 established pursuant to section 131 of the Education Sciences Reform Act of
			 2002 (20 U.S.C. 9531) to establish a national research and development center
			 for adult education and literacy as described in section 133(c)(2)(A) of such
			 Act (20 U.S.C. 9533(c)(2)(A)) (as amended by subsection (a)).
					(2)Provision for
			 expansion of researchIf, as of the date of enactment of this
			 Act, the Commissioner has established a center for adult literacy in accordance
			 with section 133(c)(2)(A) of the Education Sciences Reform Act of 2002, the
			 Commissioner shall expand the topic of research of such center to include adult
			 education, in accordance with the amendment made by subsection (a).
					IISupporting
			 English language acquisition and adult education in the workforce
			201.Presidential
			 award for business leadership in promoting United States citizenship
				(a)EstablishmentThere
			 is established the Presidential Award for Business Leadership in Promoting
			 United States Citizenship (referred to in this section as the
			 Presidential Citizenship Award), which shall be awarded to
			 companies and other organizations that make extraordinary efforts in assisting
			 their employees and members to learn English and increase their understanding
			 of United States history and civics.
				(b)Selection and
			 presentation of award
					(1)SelectionThe
			 President shall periodically award the Presidential Citizenship Award to large
			 and small companies and other organizations described in subsection (a) after
			 reviewing recommendations to the President with respect to such award by the
			 Secretary of Homeland Security and the Secretary of Commerce.
					(2)PresentationThe
			 presentation of the Presidential Citizenship Award shall be made by the
			 President, or a designee of the President, in conjunction with an appropriate
			 ceremony.
					IIIBuilding
			 stronger communities
			301.Office of
			 Citizenship and Immigrant Integration
				(a)Renaming of the
			 office of citizenship and immigrant integration
					(1)In
			 generalThe Office of Citizenship within United States
			 Citizenship and Immigration Services of the Department of Homeland Security
			 shall be renamed the Office of Citizenship and Immigrant
			 Integration.
					(2)Conforming
			 amendmentSection 451(f) of the Homeland Security Act of 2002 (6
			 U.S.C. 271(f)) is amended—
						(A)in the subsection
			 heading, by striking Citizenship. and inserting
			 Citizenship and Immigrant
			 Integration.;
						(B)in paragraph (1),
			 by inserting and Immigrant Integration after Office of
			 Citizenship; and
						(C)in paragraph (2),
			 by inserting and Immigrant Integration after Office of
			 Citizenship.
						(3)ReferencesAny
			 reference in a law, regulation, document, paper, or other record of the United
			 States to the Office of Citizenship within United States Citizenship and
			 Immigration Services of the Department of Homeland Security shall be deemed to
			 be a reference to the Office of Citizenship and Immigrant
			 Integration.
					(b)FunctionsSection
			 451(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)), as amended
			 by subsection (a)(2)(C), is further amended by striking for
			 promoting and all that follows through the period and inserting
			 “for—

						(A)establishing
				national goals for introducing new Americans into the United States and
				measuring the degree to which such goals are met;
						(B)assessing and
				coordinating Federal policies, regulations, task forces, and commissions
				related to introducing immigrants into the United States;
						(C)continuing with
				the efforts of the Task Force on New Americans established under Executive
				Order No. 13404 to facilitate a dialogue among Federal agencies, make
				recommendations to the President of the United States, and follow through with
				initiatives administered by the Task Force under the authority of such
				Executive Order;
						(D)serving as a
				liaison and intermediary with State and local governments and other entities to
				assist in establishing local goals, task forces, and councils to assist in
				introducing immigrants to the United States;
						(E)coordinating with
				other Federal agencies to provide information to State and local governments on
				the demand for English acquisition programs and best practices in place on the
				Federal and State level for aliens who have recently arrived in the United
				States;
						(F)assisting States
				in coordinating activities with the grant program carried out under title III
				of the Strengthen and Unite Communities with
				Civics Education and English Development Act of 2011; and
						(G)promoting
				instruction and training on citizenship responsibilities for aliens interested
				in becoming naturalized citizens of the United States, including the
				development of educational materials for such
				aliens.
						.
				(c)DonationsSection
			 451(f) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)), as amended by
			 this section, is further amended by adding at the end the following:

						(3)Donations
							(A)Acceptance of
				donationsThe Chief of the
				Office of Citizenship and Immigrant Integration may accept monetary and in-kind
				donations to support the activities described in paragraph (2).
							(B)Dedication of
				fundsNotwithstanding any other provision of law—
								(i)any funds donated to the Office of
				Citizenship and Immigrant Integration to support the activities described in
				paragraph (2) shall be deposited entirely into an account established for such
				purpose;
								(ii)the funds
				contained in such account shall be used solely to support such activities;
				and
								(iii)funds that were
				not donated for the exclusive purpose of supporting such activities may not be
				deposited into such
				account.
								.
				(d)Report to
			 CongressThe Chief of the
			 Office of Citizenship and Immigrant Integration shall submit a biennial report
			 to the authorizing Committees in Congress that describes the activities of the
			 office.
				302.Grants to
			 States
				(a)Authority To
			 provide grantsSubject to
			 subsections (c) and (d), the Chief of the Office of Citizenship and Immigrant
			 Integration is authorized to provide competitive grants to States to form State
			 New American Councils as described in subsection (b) to carry out activities
			 described in section 303.
				(b)State new
			 American councilsA State New American Council shall consist of
			 not less than 15 and not more than 19 individuals from the State and shall
			 include, to the extent practicable, representatives from the following
			 sectors:
					(1)Business.
					(2)Faith-based
			 organizations.
					(3)Civic
			 organizations.
					(4)Philanthropic
			 leaders.
					(5)Nonprofit
			 organizations, including those with experience working with immigrant
			 communities.
					(6)Representatives
			 from key education stakeholders, such as State educational agencies, local
			 educational agencies, community colleges, teachers, or organizations
			 representing teachers and other employees.
					(7)Representatives of
			 State adult education offices.
					(8)Representatives of
			 State or local public libraries.
					(9)Representatives of
			 statewide or local government officials.
					(c)Waiver of
			 requirement
					(1)Authority to
			 grantThe Chief of the Office
			 of Citizenship and Immigrant Integration may award a grant under subsection (a)
			 to a State without requiring the State to form a State New American Council if
			 the Chief determines that the State is carrying out similar statewide
			 initiatives to introduce immigrants into the State and into the United
			 States.
					(2)GuidelinesThe
			 Chief shall establish guidelines for awarding grants to States described in
			 paragraph (1).
					(d)Grants to local
			 governmentsThe Chief of the
			 Office of Citizenship and Immigrant Integration may provide a grant under
			 subsection (a) to a local government at the discretion of the Chief.
				(e)ApplicationTo be eligible to receive a grant under
			 this section, an applicant shall submit an application to the Chief of the
			 Office of Citizenship and Immigrant Integration at such time, in such manner,
			 and containing such information as the Chief may reasonably require. Such
			 application shall include—
					(1)if the applicant
			 is a State seeking to form a State New American Council, an assurance that such
			 State New American Council will meet the requirements of subsection (b);
					(2)the number of
			 immigrants in the State in which the applicant is located;
					(3)a
			 description of the challenges in introducing new Americans in the State and
			 local community; and
					(4)any other
			 information that the Chief may reasonably require.
					(f)DurationA
			 grant awarded under subsection (a) shall be for a period of 5 years.
				(g)PriorityPriority
			 shall be given to grant applications that—
					(1)use matching
			 funds, from non-Federal sources, which may include in-kind contributions;
			 and
					(2)demonstrate
			 collaboration with private entities to achieve the goals of their comprehensive
			 plan.
					(h)Additional
			 considerationAdditional consideration shall be given to grant
			 applications submitted by States with a large increase in the population of
			 immigrants over the previous 10 years relative to past migration patterns,
			 based on data compiled by the Office of Immigration Statistics of the
			 Department of Homeland Security.
				(i)Grant
			 amountThe amount of a grant awarded under subsection (a) shall
			 be not less than $500,000 and not more than $5,000,000 for each fiscal
			 year.
				(j)Reservations
					(1)NationalThe Chief of the Office of Citizenship and
			 Immigrant Integration shall reserve not more than 1 percent of the amount
			 appropriated to carry out this section for such Office, including the
			 evaluation of funds distributed.
					(2)StatesA
			 State awarded a grant under subsection (a) may reserve not more than 10 percent
			 of such grant amount for the creation and operation of the State New American
			 Council.
					303.Authorized
			 activities
				(a)Mandatory
			 activitiesA grant awarded under section 302(a) shall be
			 used—
					(1)to develop,
			 implement, expand, or enhance a comprehensive plan to introduce new immigrants
			 into the State, including the increase in English literacy, U.S. history, and
			 civics education;
					(2)to provide
			 subgrants to local communities as described in subsection (c);
					(3)if the grant is
			 awarded to a State to form a State New American Council, to convene meetings of
			 the State New American Council not less frequently than once each
			 quarter;
					(4)to disseminate best practices and other
			 information compiled by the Office of Citizenship and Immigrant Integration
			 that pertains to effective programs for English acquisition and civics
			 education; and
					(5)to convene public
			 hearings not less frequently than once each year to report on the activities
			 carried out by such grant.
					(b)Permissible
			 activitiesA grant awarded under section 302(a) may be
			 used—
					(1)to solicit and
			 disseminate solutions and remedies to the challenges of introducing new
			 Americans in the State or municipality in which the grant is awarded;
					(2)to provide
			 technical assistance, training, or coordination for State or local agencies to
			 improve programs to introduce new Americans into the United States, such as
			 English literacy, U.S. history, and civics education;
					(3)to review and
			 develop strategies to expand distance learning as a method of instruction for
			 English literacy, U.S. history, and civics education and available
			 technological programs that may supplement or supplant quality classroom
			 instruction;
					(4)to coordinate with
			 entities of other States engaged in activities under this title or other
			 activities to introduce new Americans into the State or community; and
					(5)to develop
			 materials focused on preparation for the naturalization test, engage in
			 outreach and educational activities on the naturalization process, and provide
			 assistance to immigrants with the naturalization application, where
			 appropriate.
					(c)Subgrants to
			 local communities
					(1)Requirement to
			 awardA grant under section 302(a) shall be used to award
			 subgrants to entities of local governments to assist communities with local
			 efforts to introduce new Americans into the community.
					(2)Authorized
			 activitiesSubgrants shall be awarded under paragraph (1) to
			 entities of local governments for use to carry out activities in accordance
			 with—
						(A)a comprehensive
			 plan described in subsection (a)(1); and
						(B)any guidance provided by the Chief of the
			 Office of Citizenship and Immigrant Integration.
						(3)Subgrant
			 amountThe amount of a subgrant awarded under this subsection
			 shall be not less than $100,000 and not more than $600,000 for a fiscal
			 year.
					304.Reporting and
			 evaluation
				(a)Reporting
			 requirement
					(1)In
			 generalEach entity awarded a
			 grant under section 302(a) shall submit a report annually to the Office of
			 Citizenship and Immigrant Integration that—
						(A)describes the
			 activities of the State New American Council and subgrant recipients and how
			 these activities meet the goals of—
							(i)the Chief of the Office of Citizenship and
			 Immigrant Integration; and
							(ii)the
			 comprehensive plan described in section 303(a)(1); and
							(B)describes the
			 geographic areas being served, the number of immigrants in such areas, and the
			 primary languages spoken there.
						(2)Other
			 requirementsThe Chief of the
			 Office of Citizenship and Immigrant Integration may set out other requirements
			 as the Chief sees fit in order to—
						(A)impose
			 accountability; and
						(B)measure the
			 outcomes of the activities carried out with grants awarded under section
			 302(a).
						(b)Annual
			 evaluationThe Chief of the
			 Office of Citizenship and Immigrant Integration shall conduct an annual
			 evaluation of the grant program established under this title and use such
			 evaluation—
					(1)to improve the
			 effectiveness of programs carried out by the Chief;
					(2)to assess future
			 needs of immigrants and of State and local governments related to
			 immigrants;
					(3)to determine the
			 effectiveness of such grant program; and
					(4)to ensure that the
			 grantees and subgrantees are acting within the scope and purpose of this
			 title.
					305.New citizens
			 award program
				(a)EstablishmentThere
			 is established a new citizens award program to recognize citizens who—
					(1)have made an
			 outstanding contribution to the United States; and
					(2)are naturalized
			 during the 10-year period ending on the date of such recognition.
					(b)Presentation
			 authorized
					(1)In
			 generalThe President is authorized to present a medal, in
			 recognition of outstanding contributions to the United States, to citizens
			 described in subsection (a).
					(2)Maximum number
			 of awardsNot more than 10 citizens may receive a medal under
			 this section in any calendar year.
					306.Rule of
			 constructionNothing in this
			 title shall be construed to limit the authority of the Secretary of Homeland
			 Security, acting through the Director of United States Citizenship and
			 Immigration Services or such other officials of the Department of Homeland
			 Security as the Secretary of Homeland Security may direct, to manage, direct,
			 and control the activities of the Chief of the Office of Citizenship and
			 Immigrant Integration.
			307.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this title $100,000,000 for each of
			 the fiscal years 2012 through 2017.


		IB
		Union Calendar No. 44
		111th CONGRESS
		1st Session
		H. R. 1788
		[Report No.
		  111–97]
		IN THE HOUSE OF
		  REPRESENTATIVES

			March 30, 2009
			Mr. Berman (for
			 himself, Mr. Sensenbrenner,
			 Mr. Daniel E. Lungren of California,
			 Mr. Conyers, and
			 Mr. Cohen) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

			May 5, 2009
			Additional sponsors: Ms.
			 Linda T. Sánchez of California, Mr.
			 Thompson of Mississippi, Mr.
			 Platts, Mr. Sherman, and
			 Mr. Braley of Iowa

			May 5, 2009
			Committed to the Committee of the Whole House on the State
			 of the Union and ordered to be printed

		A BILL
		To amend the provisions of title 31, United
		  States Code, relating to false claims to clarify and make technical amendments
		  to those provisions, and for other purposes.

		1.Short titleThis Act may be cited as the
			 False Claims Act Correction Act of
			 2009.
		2.Liability for
			 false claimsSection 3729 of
			 title 31, United States Code, is amended to read as follows:

				3729.False
				claims
					(a)Liability for
				certain acts
						(1)In
				generalAny person who—
							(A)knowingly presents, or causes to be
				presented for payment or approval, a false or fraudulent claim for Government
				money or property,
							(B)knowingly makes, uses, or causes to be made
				or used, a false record or statement to get a false or fraudulent claim for
				Government money or property paid or approved,
							(C)has possession,
				custody, or control of Government money or property and either—
								(i)fails to comply
				with a statutory or contractual obligation to disclose an overpayment about
				which the person is on actual notice, or
								(ii)intending
				to—
									(I)defraud the
				Government, or
									(II)knowingly convert
				the money or property, permanently or temporarily, to an unauthorized
				use,
									fails to
				deliver or return, or fails to cause the return or delivery of, the money or
				property, or delivers, returns, or causes to be delivered or returned less
				money or property than the amount due or owed,(D)authorized to make or deliver a document
				certifying receipt of property used, or to be used, by the Government and,
				intending to defraud the Government, makes or delivers the receipt without
				completely knowing that the information on the receipt is true,
							(E)knowingly buys, or receives as a pledge of
				an obligation or debt, Government money or property from an officer or employee
				of the Government, or a member of the Armed Forces, who lawfully may not sell
				or pledge the money or property,
							(F)knowingly makes, uses, or causes to be made
				or used, a false record or statement to conceal, avoid, or decrease an
				obligation to pay or transmit money or property to the Government, or
							(G)conspires to commit any violation set forth
				in any of subparagraphs (A) through (F),
							is liable to the United States Government for a civil
				penalty of not less than $5,000 and not more than $10,000, plus 3 times the
				amount of damages that the Government or its administrative beneficiary
				sustains because of the act of that person, subject to paragraphs (2) and
				(3).(2)Lesser penalty
				if defendant cooperates with investigationIn an action brought for a violation under
				paragraph (1), the court may assess not less than 2 times the amount of damages
				that the Government or its administrative beneficiary sustains because of the
				act of the person committing the violation if the court finds that—
					(A)such person provided to those officials of
				the United States who are responsible for investigating false claims
				violations, all information known to the person about the violation within 30
				days after the date on which the person first obtained the information;
					(B)such person fully cooperated with any
				Government investigation of the violation; and
					(C)at the time such person provided to the
				United States the information about the violation under subparagraph (A), no
				criminal prosecution, civil action, or administrative action had commenced with
				respect to such violation, and the person did not have actual knowledge of the
				existence of an investigation into such violation.
					(3)Assessment of
				costsA person violating
				paragraph (1) shall, in addition to a penalty or damages assessed under
				paragraph (1) or (2), be liable to the United States Government for the costs
				of a civil action brought to recover such penalty or damages.
				(b)DefinitionsFor
				purposes of this section—
					(1)the terms known,
				knowing, and knowingly mean that a person, with
				respect to information—
						(A)has actual knowledge of the
				information,
						(B)acts in deliberate
				ignorance of the truth or falsity of the information, or
						(C)acts in reckless
				disregard of the truth or falsity of the information,
						and no
				proof of specific intent to defraud is required;(2)the term Government money or
				property means—
						(A)money or property
				belonging to the United States Government;
						(B)money or property
				that—
							(i)the United States
				Government provides or has provided to a contractor, grantee, agent, or other
				recipient, or for which the United States Government will reimburse a
				contractor, grantee, agent, or other recipient; and
							(ii)is to be spent or
				used on the Government’s behalf or to advance a Government program; and
							(C)money or property
				that the United States holds in trust or administers for any administrative
				beneficiary;
						(3)the term claim includes any
				request or demand, whether under a contract or otherwise, for Government money
				or property; and
					(4)the term
				administrative beneficiary means any entity, including any
				governmental or quasi-governmental entity, on whose behalf the United States
				Government, alone or with others, serves as custodian or trustee of money or
				property owned by that entity.
					(c)Statutory cause
				of actionLiability under this section is a statutory cause of
				action all elements of which are set forth in this section. No proof of any
				additional element of common law fraud or other cause of action is implied or
				required for liability to exist for a violation of subsection (a).
				(d)Exemption from
				disclosureAny information that a person provides pursuant to
				subparagraphs (A) through (C) of subsection (a)(2) shall be exempt from
				disclosure under section 552 of title 5.
				(e)ExclusionThis
				section does not apply to claims, records, or statements made under the
				Internal Revenue Code of
				1986.
				.
		3.Civil actions for
			 false claims
			(a)Actions by
			 private persons generallySection 3730(b) of title 31, United
			 States Code, is amended—
				(1)in paragraph (1),
			 by striking the last sentence and inserting the following: The action
			 may be dismissed only with the consent of the court and the Attorney
			 General.;
				(2)in paragraph (2),
			 by inserting after the second sentence the following: In the absence of
			 a showing of extraordinary need, the written disclosure of any material
			 evidence and information, and any other attorney work product, that the person
			 bringing the action provides to the Government shall not be subject to
			 discovery.;
				(3)in paragraph (4),
			 by striking subparagraph (B) and inserting the following:

						(B)notify the court that it declines to take
				over the action, in which case the person bringing the action shall have the
				right to conduct the action, and, within 45 days after the Government provides
				such notice, shall either—
							(i)move to dismiss the action without
				prejudice; or
							(ii)notify the court of the person’s
				intention to proceed with the action and move the court to unseal the
				complaint, and any amendments thereto, so as to permit service on the defendant
				and litigation of the action in a public forum.
							A person
				who elects to proceed with the action under subparagraph (B)(ii) shall serve
				the complaint within 120 days after the person’s complaint is unsealed under
				such subparagraph.;
				and
				(4)by amending
			 paragraph (5) to read as follows:

						(5)When a person brings an action under this
				subsection, no person other than the Government may join or intervene in the
				action, except with the consent of the person who brought the action. In
				addition, when a person brings an action that is pled in accordance with this
				subsection and section 3731(e), no other person may bring a separate action
				under this subsection based on the facts underlying a cause of action in the
				pending
				action.
						.
				(b)Rights of the
			 parties to qui tam actionsSection 3730(c)(5) of title 31, United
			 States Code, is amended by striking the second sentence and inserting the
			 following:

					An alternate remedy
			 includes—(A)anything of value received by the
				Government from the defendant, whether funds, credits, or in-kind goods or
				services, in exchange for an agreement by the Government either to release
				claims brought in, or to decline to intervene in or investigate, the action
				initiated under subsection (b); and
					(B)anything of value received by the
				Government based on the claims alleged by the person initiating the action, if
				that person subsequently prevails on the claims.
					If any
				such alternate remedy is pursued in another proceeding, the person initiating
				the action shall have the same rights in such proceeding as such person would
				have had if the action had continued under this section, except that the person
				initiating the action may not obtain an award calculated on more than the total
				amount of damages, plus any fines or penalties, that could be recovered by the
				United States under section
				3729(a)..
			(c)Award to qui tam
			 plaintiffSection 3730(d) of title 31, United States Code, is
			 amended—
				(1)in paragraph
			 (1)—
					(A)in the first
			 sentence, by inserting an award of  after
			 receive;
					(B)by striking the
			 second and third sentences and inserting the following: Any payment to a
			 person under this paragraph or under paragraph (2) or (3) shall be made from
			 the proceeds, and shall accrue interest, at the underpayment rate under section
			 6621 of the Internal Revenue Code of 1986, beginning 30 days after the date the
			 proceeds are paid to the United States, and continuing until payment is made to
			 the person by the United States.; and
					(C)in the next to the
			 last sentence, by striking necessarily;
					(2)in paragraph
			 (2)—
					(A)in the second
			 sentence, by striking and shall be paid out of such proceeds;
			 and
					(B)in the third
			 sentence, by striking necessarily; and
					(3)by amending
			 paragraph (3) to read as follows:

						(3)(A)Whether or not the
				Government proceeds with the action, if the court finds that the action was
				brought by a person who either—
								(i)planned and initiated the violation of
				section 3729 upon which the action was brought, or
								(ii)derived his or her knowledge of the
				action primarily from specific information relating to allegations or
				transactions (other than information provided by the person bringing the
				action) that the Government publicly disclosed, within the meaning of
				subsection (e)(4)(A), or that it disclosed privately to the person bringing the
				action in the course of its investigation into potential violations of section
				3729,
								then the
				court may, to the extent the court considers appropriate, reduce the share of
				the proceeds of the action that the person would otherwise receive under
				paragraph (1) or (2) of this subsection, taking into account the role of that
				person in advancing the case to litigation and any relevant circumstances
				pertaining to the violation. The court shall direct the defendant to pay any
				such person an amount for reasonable expenses that the court finds to have been
				incurred, plus reasonable attorneys’ fees and costs.

							(B)If the person bringing the action is
				convicted of criminal conduct arising from his or her role in the violation of
				section 3729, that person shall be dismissed from the civil action and shall
				not receive any share of the proceeds of the action. Such dismissal shall not
				prejudice the right of the United States to continue the action, represented by
				the Department of
				Justice.
							.
				(d)Certain actions
			 barredSection 3730(e)(4) of title 31, United States Code, is
			 amended to read as follows:

					(4)(A)Upon timely motion of
				the Attorney General of the United States, a court shall dismiss an action or
				claim brought by a person under subsection (b) if the allegations relating to
				all essential elements of liability of the action or claim are based
				exclusively on the public disclosure of allegations or transactions in a
				Federal criminal, civil, or administrative hearing, in a congressional, Federal
				administrative, or Government Accountability Office report, hearing, audit, or
				investigation, or from the news media.
						(B)For purposes of this paragraph, a
				public disclosure includes only disclosures that are made on the
				public record or have otherwise been disseminated broadly to the general
				public. An action or claim is based on a public disclosure only
				if the person bringing the action derived the person’s knowledge of all
				essential elements of liability of the action or claim alleged in the complaint
				from the public disclosure. The person bringing the action does not create a
				public disclosure by obtaining information from a request for information made
				under section 552 of title 5 or from exchanges of information with law
				enforcement and other Government employees if such information does not
				otherwise qualify as publicly disclosed under this
				paragraph.
						.
			(e)Relief from
			 retaliatory actionsSection
			 3730(h) of title 31, United States Code, is amended to read as follows:

					(h)Relief from
				retaliatory actionAny person
				who is discharged, demoted, suspended, threatened, harassed, or in any other
				manner discriminated against in the terms or conditions of employment, or is
				materially hindered in obtaining new employment or other business
				opportunities, by any other person because of lawful acts done by the person
				discriminated against or others associated with that person—
						(1)in furtherance of
				an actual or potential action under this section, including investigation for,
				initiation of, testimony for, or assistance in an action filed or to be filed
				under this section, or
						(2)in furtherance of
				other efforts to stop one or more violations of section 3729,
						shall be
				entitled to all relief, from the person who has engaged in the discrimination,
				that is necessary to make the person whole. Such relief shall include
				reinstatement with the same seniority status such person would have had but for
				the discrimination, 2 times the amount of back pay or business loss, interest
				on the back pay or business loss, and compensation for any special damages
				sustained as a result of the discrimination, including litigation costs and
				reasonable attorneys' fees. An action under this subsection may be brought in
				the appropriate district court of the United States for the relief provided in
				this
				subsection..
			(f)Relief to
			 administrative beneficiariesSection 3730 of title 31, United States
			 Code, is amended by adding at the end the following new subsection:

					(i)Damages
				collected for financial losses suffered by administrative
				beneficiaries
						(1)In
				generalAfter paying any awards due one or more persons who
				brought an action under subsection (b), the Government shall pay from the
				proceeds of the action to any administrative beneficiary, as defined in section
				3729(b), all amounts that the Government has collected in the action for
				financial losses suffered by such administrative beneficiary. Any remaining
				proceeds collected by the Government shall be treated in the same manner as
				proceeds collected by the Government for direct losses the Government suffers
				because of violations of section 3729.
						(2)Alternative
				remediesNothing in section 3729 or this section precludes
				administrative beneficiaries from pursuing any alternate remedies available to
				them for losses or other harm suffered by them that are not pursued or
				recovered in an action under this section, except that if proceedings for such
				alternate remedies are initiated after a person has initiated an action under
				subsection (b), such person shall be entitled to have such alternative remedies
				considered in determining any award in the action under subsection (b) to the
				same extent that such person would be entitled under subsection (c)(5) with
				respect to any alternate remedy pursued by the
				Government.
						.
			4.False claims
			 procedure
			(a)Statute of
			 limitations; intervention by the GovernmentSection 3731(b) of
			 title 31, United States Code, is amended to read as follows:

					(b)Statute of
				limitations; intervention by the Government
						(1)Statute of
				limitationsA civil action under section 3730 (a), (b), or (h)
				may not be brought more than 8 years after the date on which the violation of
				section 3729 or 3730(h) (as the case may be) is committed.
						(2)InterventionIf
				the Government elects to intervene and proceed with an action brought under
				section 3730(b), the Government may file its own complaint, or amend the
				complaint of the person who brought the action under section 3730(b), to
				clarify or add detail to the claims in which it is intervening and to add any
				additional claims with respect to which the Government contends it is entitled
				to relief. For purposes of paragraph (1), any such Government pleading shall
				relate back to the filing date of the complaint of the person who originally
				brought the action to the extent that the Government’s claim arises out of the
				conduct, transactions, or occurrences set forth, or attempted to be set forth,
				in the person’s prior
				complaint.
						.
			(b)Standard of
			 proofSection 3731(c) of title 31, United States Code, is
			 amended—
				(1)by striking (c) In and
			 inserting (c) Standard of
			 Proof.—In; and
				(2)by striking
			 United States and inserting plaintiff.
				(c)Notice of
			 Claims; void contracts, agreements, and conditions of employmentSection 3731 of title 31, United States
			 Code, is amended by adding at the end the following new subsections:

					(e)Notice of
				claimsIn pleading an action
				brought under section 3730(b), a person shall not be required to identify
				specific claims that result from an alleged course of misconduct if the facts
				alleged in the complaint, if ultimately proven true, would provide a reasonable
				indication that one or more violations of section 3729 are likely to have
				occurred, and if the allegations in the pleading provide adequate notice of the
				specific nature of the alleged misconduct to permit the Government effectively
				to investigate and defendants fairly to defend the allegations made.
					(f)Void contract,
				agreements, and conditions of employment
						(1)In
				generalAny contract, private agreement, or private term or
				condition of employment that has the purpose or effect of limiting or
				circumventing the rights of a person to take otherwise lawful steps to
				initiate, prosecute, or support an action under section 3730, or to limit or
				circumvent the rights or remedies provided to persons bringing actions under
				section 3730(b) and other cooperating persons under section 3729 shall be void
				to the full extent of such purpose or effect.
						(2)ExceptionParagraph
				(1) shall not preclude a contract or private agreement that is entered
				into—
							(A)with the United
				States and a person bringing an action under section 3730(b) who would be
				affected by such contract or agreement specifically to settle claims of the
				United States and the person under section 3730; or
							(B)specifically to
				settle any discrimination claim under section 3730(h) of a person affected by
				such contract or
				agreement.
							.
			(d)Conforming
			 amendmentsSection 3731 of title 31, United States Code, is
			 amended—
				(1)in subsection (a),
			 by striking (a) A subpena and inserting (a)
			 Service of
			 Subpoenas.—A subpoena; and
				(2)in subsection (d),
			 by striking (d) Notwithstanding and inserting (d)
			 Estoppel.—Notwithstanding.
				5.False claims
			 jurisdictionSection 3732 of
			 title 31, United States Code, is amended by adding at the end the following new
			 subsection:

				(c)Service on state
				or local authoritiesWith
				respect to any State or local government that is named as a co-plaintiff with
				the United States in an action brought under subsection (b), a seal on the
				action ordered by the court under section 3730(b) shall not preclude the
				Government or the person bringing the action from serving the complaint, any
				other pleadings, or the written disclosure of substantially all material
				evidence and information possessed by the person bringing the action on the law
				enforcement authorities that are authorized under the law of that State or
				local government to investigate and prosecute such actions on behalf of such
				governments.
				.
		6.Civil
			 Investigative Demands
			(a)Civil
			 investigative demandsSection 3733(a) of title 31, United States
			 Code, is amended—
				(1)in paragraph
			 (1)—
					(A)in the matter
			 following subparagraph (D)—
						(i)by striking
			 The Attorney General may not delegate and all that follows
			 through subsection.; and
						(ii)by
			 striking , the Deputy Attorney General, or an Assistant Attorney
			 General; and
						(B)by adding at the end the following:
			 Any information obtained by the Attorney General under this section may
			 be shared with any a person bringing an action under section 3730(b) if the
			 Attorney General determines that it is necessary as part of any false claims
			 law investigation.; and
					(2)in paragraph
			 (2)—
					(A)in subparagraph
			 (F), by striking or an Assistant Attorney General designated by the
			 Attorney General; and
					(B)in subparagraph
			 (G), by striking the second sentence.
					(b)Procedures
				(1)Oral
			 examinationsSection
			 3733(h)(6) of title 31, United States Code, is amended by striking , the
			 Deputy Attorney General, or an Assistant Attorney General.
				(2)CustodiansSection
			 3733(i)(3) of title 31, United States Code, is amended to read as
			 follows:

						(3) Use of
				material, answers, or transcripts in false claims actions and other
				proceedingsWhenever any attorney of the Department of Justice
				has been designated to handle any false claims law investigation or proceeding,
				or any other administrative, civil, or criminal investigation, case, or
				proceeding, the custodian of any documentary material, answers to
				interrogatories, or transcripts of oral testimony received under this section
				may deliver to such attorney such material, answers, or transcripts for
				official use in connection with any such investigation, case, or proceeding as
				such attorney determines to be required. Upon the completion of any such
				investigation, case, or proceeding, such attorney shall return to the custodian
				any such material, answers, or transcripts so delivered that have not passed
				into the control of a court, grand jury, or agency through introduction into
				the record of such case or
				proceeding.
						.
				(c)DefinitionsSection
			 3733(l) of title 31, United States Code, is amended—
				(1)in paragraph (6),
			 by striking and after the semicolon;
				(2)in paragraph (7),
			 by striking the period at the end and inserting ; and;
			 and
				(3)by adding at the
			 end the following:

						(8)the term
				official use means all lawful, reasonable uses in furtherance of
				an investigation, case, or proceeding, such as disclosures in connection with
				interviews of fact witnesses, settlement discussions, coordination of an
				investigation with a State Medicaid Fraud Control Unit or other government
				personnel, consultation with experts, and use in court pleadings and
				hearings.
						.
				(d)Delegation of
			 authoritySection 3733 of title 31, United States Code, is
			 amended by adding at the end the following:

					(m)DelegationThe Attorney General may delegate any
				authority that the Attorney General has under this
				section.
					.
			7.Effective
			 date
			(a)In
			 generalThe amendments made
			 by this Act shall take effect on the date of the enactment of this Act and,
			 except as provided in subsection (b), shall apply to any case pending on, or
			 filed on or after, that date.
			(b)ExceptionsThe
			 following provisions of title 31, United States Code, as amended by this Act,
			 shall apply only to cases filed on or after the date of the enactment of this
			 Act:
				(1)Section 3729(a)(1)(C)(i), relating to the
			 failure to comply with a statutory or contractual obligation to disclose an
			 overpayment.
				(2)Section 3730(h),
			 to the extent such section applies to discrimination against a person because
			 of lawful acts done by others associated with that person.
				(3)Section
			 3731(b)(1).

		May 5, 2009
		Committed to the Committee of the Whole House on the State
		  of the Union and ordered to be printed


110 HRES 511 EH: Congratulating the men’s volleyball team of

U.S. House of Representatives
2007-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. RES. 511
		In the House of Representatives, U.
		  S.,

			July 30, 2007

		RESOLUTION
		Congratulating the men’s volleyball team of
		  the University of California, Irvine, for winning the 2007 NCAA Division I
		  Men’s Volleyball National Championship.

		Whereas the men’s volleyball team of the University of
			 California, Irvine (UC Irvine), known as the Anteaters, achieved many historic
			 accomplishments during the 2006–2007 season;
		Whereas the UC Irvine men’s volleyball team won the
			 school’s first ever National Collegiate Athletic Association (NCAA) Division I
			 Men’s Volleyball National Championship;
		Whereas Matt Webber, a senior on the UC Irvine men’s
			 volleyball team, was selected as the tournament’s most valuable player with 22
			 kills in the championship match;
		Whereas UC Irvine men’s volleyball players Brian Thornton,
			 Jayson Jablonsky, and David Smith were named to the All-Tournament Team;
		Whereas UC Irvine men’s volleyball coach John Speraw is
			 only the third coach in history to win a NCAA volleyball championship as both a
			 player and as a head coach;
		Whereas the UC Irvine men’s volleyball team finished with
			 29 victories, the most victories in school history;
		Whereas the UC Irvine men’s volleyball team finished with
			 the most wins in the Nation for the 2006–2007 season;
		Whereas the UC Irvine men’s volleyball team won the 2007
			 Mountain Pacific Sports Federation Men’s Volleyball title;
		Whereas the UC Irvine men’s volleyball team had four
			 players selected to the American Volleyball Coaches Association (AVCA)
			 All-America Team, the most by any team in the Nation;
		Whereas middle blocker David Smith earned first-team
			 accolades on the AVCA All-America Team;
		Whereas Matt Webber, Jayson Jablonsky, and Brian Thornton
			 earned second-team accolades on the AVCA All-America Team;
		Whereas the UC Irvine men’s volleyball team started the
			 season as the preseason favorite in the CSTV/AVCA Division I Men’s Coaches Top
			 15 Poll;
		Whereas the UC Irvine men’s volleyball team finished first
			 in the CSTV/AVCA Division I Men’s Coaches Top 15 Poll, released May 7,
			 2007;
		Whereas the UC Irvine men’s volleyball team accomplished
			 these feats while playing a difficult schedule in the Mountain Pacific Sports
			 Federation;
		Whereas the title is UC Irvine’s first Division I title
			 since 1989; and
		Whereas UC Irvine, under the leadership of Chancellor
			 Michael V. Drake, M.D., has continued to establish itself as a world-class
			 research university, and as one of the top universities in the Nation: Now,
			 therefore, be it

		That the House of Representatives—
			(1)congratulates the men’s volleyball team of
			 the University of California, Irvine, and its Chancellor, Michael V. Drake,
			 M.D., for winning the 2007 NCAA Division I Men’s Volleyball National
			 Championship; and
			(2)recognizes the
			 achievements of the players, coaches, students, alumni, and staff who were
			 instrumental in helping the University of California, Irvine, win the national
			 title.

			Lorraine C. Miller,
			Clerk.