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Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bridges to the Cuban People Act of
2001''.

TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA

SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.

(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, to Cuba.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any prohibition or restriction imposed under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or
successor statute for goods containing parts or components on
which export controls are in effect under that section; or
(2) any prohibition or restriction imposed under section
203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) insofar as the prohibition or restriction is
exercised to deal with a threat to the national security of the
United States by virtue of the technology incorporated in such
machinery or equipment.
(c) Supersedes Existing Law.--Subsection (a) supersedes the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R.
5426 of the One Hundred Sixth Congress, as enacted into law by section
1(a) of Public Law 106-387, and as contained in the appendix of that
Act) or any other provision of law.

SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.

Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.

SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.

(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.

SEC. 104. REPORT TO CONGRESS.

Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.

SEC. 105. DEFINITIONS.

In this title:
(1) Agricultural commodity.--The term ''agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medical device.--The term ''medical device'' has the
meaning given the term ''device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ''medicine'' has the meaning given
the term ''drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321).

TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA

SEC. 201. TRAVEL TO CUBA.

(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) Lawfully admitted for permanent residence.--The term
''lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
(2) National of the united states.--The term ''national of
the United States'' has the meaning given the term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).

TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS

SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.

(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science. In awarding scholarships under this paragraph, the
President shall give preference to individuals not employed by
the Cuban government or actively participating in the communist
party.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.

(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.

SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).

SEC. 403. IMPORTATION OF DRUGS AND DEVICES.

Any prohibition or restriction in law (including a regulation) on
trade or financial transactions with Cuba shall not apply with respect
to--
(1) a new drug for which an application for investigation
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) has been submitted to the Secretary of
Health and Human Services;
(2) a biological product for which an application for
investigation under section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) has been submitted to the
Secretary of Health and Human Services;
(3) a device for which an application for investigation
under section 520(g) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of
Health and Human Services;
(4) a drug that is the subject of an approved application
under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355);
(5) a biological product that is the subject of an approved
license under section 351 of the Public Health Service Act (42
U.S.C. 262); or
(6) a device that--
(A) is cleared for marketing under section 510(k)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k));
(B) is the subject of an approved application for
premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or
(C) is exempted from premarket clearance under
subsection (l) or (m) of section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360).

SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.

Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries).

Ex Output:
Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Research on Human Fetal Tissue
Amendments of 1993''.

SEC. 2. ESTABLISHMENT OF AUTHORITIES AND PROTECTIONS REGARDING
TRANSPLANTATION OF HUMAN FETAL TISSUE.

Part G of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498 the following new
section:

''research on transplantation of fetal tissue

''Sec. 498A. (a) Establishment of Program.--
''(1) In general.--The Secretary may conduct or support
research on the transplantation of human fetal tissue for
therapeutic purposes.
''(2) Source of tissue.--Human fetal tissue may be used in
research carried out under paragraph (1) regardless of whether
the tissue is obtained pursuant to a spontaneous or induced
abortion or pursuant to a stillbirth.
''(b) Informed Consent of Donor.--
''(1) In general.--In research carried out under subsection
(a), human fetal tissue may be used only if the woman providing
the tissue makes a statement, made in writing and signed by the
woman, declaring that--
''(A) the woman donates the fetal tissue for use in
research described in subsection (a);
''(B) the donation is made without any restriction
regarding the identity of individuals who may be the
recipients of transplantations of the tissue; and
''(C) the woman has not been informed of the
identity of any such individuals.
''(2) Additional statement.--In research carried out under
subsection (a), human fetal tissue may be used only if the
attending physician with respect to obtaining the tissue from
the woman involved makes a statement, made in writing and
signed by the physician, declaring that--
''(A) in the case of tissue obtained pursuant to an
induced abortion--
''(i) the consent of the woman for the
abortion was obtained prior to requesting or
obtaining consent for the tissue to be used in
such research; and
''(ii) no alteration of the timing, method,
or procedures used to terminate the pregnancy
was made solely for the purposes of obtaining
the tissue;
''(B) the tissue has been donated by the woman in
accordance with paragraph (1); and
''(C) full disclosure has been provided to the
woman with regard to--
''(i) such physician's interest, if any, in
the research to be conducted with the tissue;
and
''(ii) any known medical risks to the woman
or risks to her privacy that might be
associated with the donation of the tissue and
that are in addition to risks of such type that
are associated with the woman's medical care.
''(c) Informed Consent of Researcher and Donee.--In research
carried out under subsection (a), human fetal tissue may be used only
if the individual with the principal responsibility for conducting the
research involved makes a statement, made in writing and signed by the
individual, declaring that the individual--
''(1) is aware that--
''(A) the tissue is human fetal tissue;
''(B) the tissue may have been obtained pursuant to
a spontaneous or induced abortion or subsequent to a
stillbirth; and
''(C) the tissue was donated for research purposes;
''(2) has provided such information to other individuals
with responsibilities regarding the research;
''(3) will require, prior to obtaining the consent of an
individual to be a recipient of a transplantation of the
tissue, written acknowledgment of receipt of such information
by such recipient; and
''(4) has had no part in any decisions as to the timing,
method, or procedures used to terminate the pregnancy made
solely for the purposes of the research.
''(d) Availability of Statements for Audit.--
''(1) In general.--In research carried out under subsection
(a), human fetal tissue may be used only if the head of the
agency or other entity conducting the research involved
certifies to the Secretary that the statements required under
subsections (b)(2) and (c) will be available for audit by the
Secretary.
''(2) Confidentiality of audit.--Any audit conducted by the
Secretary pursuant to paragraph (1) shall be conducted in a
confidential manner to protect the privacy rights of the
individuals and entities involved in such research, including
such individuals and entities involved in the donation,
transfer, receipt, or transplantation of human fetal tissue.
With respect to any material or information obtained pursuant
to such audit, the Secretary shall--
''(A) use such material or information only for the
purposes of verifying compliance with the requirements
of this section;
''(B) not disclose or publish such material or
information, except where required by Federal law, in
which case such material or information shall be coded
in a manner such that the identities of such
individuals and entities are protected; and
''(C) not maintain such material or information
after completion of such audit, except where necessary
for the purposes of such audit.
''(e) Applicability of State and Local Law.--
''(1) Research conducted by recipients of assistance.--The
Secretary may not provide support for research under subsection
(a) unless the applicant for the financial assistance involved
agrees to conduct the research in accordance with applicable
State and local law.
''(2) Research conducted by secretary.--The Secretary may
conduct research under subsection (a) only in accordance with
applicable State and local law.
''(f) Definition.--For purposes of this section, the term 'human
fetal tissue' means tissue or cells obtained from a dead human embryo
or fetus after a spontaneous or induced abortion, or after a
stillbirth.''.

SEC. 3. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF
TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.

Part G of title IV of the Public Health Service Act, as amended by
section 2 of this Act, is amended by inserting after section 498A the
following new section:

''prohibitions regarding human fetal tissue

''Sec. 498B. (a) Purchase of Tissue.--It shall be unlawful for any
person to knowingly acquire, receive, or otherwise transfer any human
fetal tissue for valuable consideration if the transfer affects
interstate commerce.
''(b) Solicitation or Acceptance of Tissue as Directed Donation for
Use in Transplantation.--It shall be unlawful for any person to solicit
or knowingly acquire, receive, or accept a donation of human fetal
tissue for the purpose of transplantation of such tissue into another
person if the donation affects interstate commerce, the tissue will be
or is obtained pursuant to an induced abortion, and--
''(1) the donation will be or is made pursuant to a promise
to the donating individual that the donated tissue will be
transplanted into a recipient specified by such individual;
''(2) the donated tissue will be transplanted into a
relative of the donating individual; or
''(3) the person who solicits or knowingly acquires,
receives, or accepts the donation has provided valuable
consideration for the costs associated with such abortion.
''(c) Criminal Penalties for Violations.--
''(1) In general.--Any person who violates subsection (a)
or (b) shall be fined in accordance with title 18, United
States Code, subject to paragraph (2), or imprisoned for not
more than 10 years, or both.
''(2) Penalties applicable to persons receiving
consideration.--With respect to the imposition of a fine under
paragraph (1), if the person involved violates subsection (a)
or (b)(3), a fine shall be imposed in an amount not less than
twice the amount of the valuable consideration received.
''(d) Definitions.--For purposes of this section:
''(1) The term 'human fetal tissue' has the meaning given
such term in section 498A(f).
''(2) The term 'interstate commerce' has the meaning given
such term in section 201(b) of the Federal Food, Drug, and
Cosmetic Act.
''(3) The term 'valuable consideration' does not include
reasonable payments associated with the transportation,
implantation, processing, preservation, quality control, or
storage of human fetal tissue.''.

SEC. 4. REPORT BY GENERAL ACCOUNTING OFFICE ON ADEQUACY OF PROTECTIONS.

(a) In General.--With respect to research on the transplantation of
human fetal tissue for therapeutic purposes, the Comptroller General of
the United States shall conduct an audit for the purpose of
determining--
(1) whether and to what extent such research conducted or
supported by the Secretary of Health and Human Services has
been conducted in accordance with section 498A of the Public
Health Service Act (as added by section 2 of this Act); and
(2) whether and to what extent there have been violations
of section 498B of such Act (as added by section 3 of this
Act).
(b) Report.--Not later than May 19, 1995, the Comptroller General
of the United States shall complete the audit required in subsection
(a) and submit to the Congress a report describing the findings made
pursuant to the audit.

Ex Output:
Research on Human Fetal Tissue Amendments of 1993 - Amends the Public Health Service Act to authorize and regulate research on human fetal tissue transplantation without regard to whether the tissue is obtained after a spontaneous or induced abortion or a stillbirth in accordance with State law.
Imposes criminal penalties for: (1) transferring such tissue for valuable consideration affecting interstate commerce; or (2) soliciting or receiving a directed donation.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Patient and Physician Safety and
Protection Act of 2001''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The Federal government, through its Medicare program,
pays approximately $8 billion per year solely to train
resident-physicians in the United States, and as a result, has
an interest in assuring the safety of patients treated by
resident-physicians and the safety of resident-physicians
themselves.
(2) Resident-physicians spend a significant amount of their
time performing activities not related to the educational
mission of training competent physicians.
(3) The excessive numbers of hours worked by resident-
physicians is inherently dangerous for patient care and for the
lives of resident-physicians.
(4) The scientific literature has consistently demonstrated
that the sleep deprivation of the magnitude seen in residency
training programs leads to cognitive impairment.
(5) A substantial body of research indicates that excessive
hours worked by resident-physicians lead to higher rates of
medical error, motor vehicle accidents, depression and
pregnancy complications.
(6) The medical community has not adequately addressed the
issue of excessive resident-physician work hours.
(7) Different medical specialty training programs have
different patient care considerations but the effects of sleep
deprivation on resident-physicians does not change between
specialties.
(8) The Federal government has regulated the work hours of
other industries when the safety of employees or the public is
at risk.

SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION
REGARDING WORKING HOURS OF RESIDENTS.

(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) by striking ''and'' at the end of subparagraph
(R);
(B) by striking the period at the end of
subparagraph (S) and inserting ''; and''; and
(C) by inserting after subparagraph (S) the
following new subparagraph:
''(T) in the case of a hospital that uses the services of
physician residents or postgraduate trainees, to meet the
requirements of subsection (j).''; and
(2) by adding at the end the following new subsection:
''(j)(1)(A) In order that the working conditions and working hours
of physicians and postgraduate trainees promote the provision of
quality medical care in hospitals, as a condition of participation
under this title each hospital shall establish the following limits on
working hours for certain members of the medical staff and postgraduate
trainees:
''(i) Subject to subparagraph (C), postgraduate trainees
may work no more than a total of 80 hours per week and 24 hours
per shift.
''(ii) Subject to subparagraph (C), postgraduate trainees--
''(I) shall have at least 10 hours between
scheduled shifts;
''(II) shall have at least 1 full day out of every
7 days off and one full weekend off per month;
''(III) who are assigned to patient care
responsibilities in an emergency department shall work
no more than 12 continuous hours in that department;
and
''(IV) shall not be scheduled to be on call in the
hospital more often than every third night.
''(B) The Secretary shall promulgate such regulations as may be
necessary to ensure quality of care is maintained during the transfer
of direct patient care from one postgraduate trainee to another at the
end of each such 24 hour period referred to in subparagraph (A) and
shall take into account cases of individual patient emergencies.
''(C) The work hour limitations under subparagraph (A) and
requirements of subparagraph (B) shall not apply to a hospital during a
state of emergency declared by the Secretary that applies with respect
to that hospital.
''(2) The Secretary shall promulgate such regulations as may be
necessary to monitor and supervise postgraduate trainees assigned
patient care responsibilities as part of an approved medical training
program, as well as to assure quality patient care.
''(3) Each hospital shall inform postgraduate trainees of--
''(A) their rights under this subsection, including methods
to enforce such rights (including so-called whistle-blower
protections); and
''(B) the effects of their acute and chronic sleep
deprivation both on themselves and on their patients.
''(4) For purposes of this subsection, the term 'postgraduate
trainee' includes a postgraduate intern, resident, or fellow.''.
(b) Designation.--
(1) In general.--The Secretary of Health and Human Services
shall designate an individual within the Department of Health
and Human Services to handle all complaints of violations that
arise from residents who report that their programs are in
violation of the requirements of section 1866(j) of the Social
Security Act (as added by subsection (a)).
(2) Grievance rights.--A post graduate trainee or physician
resident may file a complaint with the Secretary of Health and
Human Services concerning a violation of such requirements.
Such a complaint may be filed anonymously. The Secretary may
conduct an investigation and take such corrective action with
respect to such a violation.
(3) Civil money penalty enforcement.--Any hospital that
violates such requirement is subject to a civil money penalty
not to exceed $100,000 for each resident training program in
any 6-month period. The provisions of section 1128A of the
Social Security Act (other than subsections (a) and (b)) shall
apply to civil money penalties under this paragraph in the same
manner as they apply to a penalty or proceeding under section
1128A(a) of such Act.
(4) Disclosure of violations and annual reports.--The
individual designated under paragraph (1) shall--
(A) provide for annual anonymous surveys of
postgraduate trainees to determine compliance with such
requirements and for the disclosure of the results of
such surveys to the public on a residency-program
specific basis;
(B) based on such surveys, conduct appropriate on-
site investigations;
(C) provide for disclosure to the public of
violations and compliance, on a hospital and residence-
program specific basis, of such requirements; and
(D) make an annual report to Congress on the
compliance of hospitals with such requirements,
including providing a list of hospitals found to be in
violation of such requirements.
(c) Whistleblower Protections.--
(1) In general.-- A hospital covered by the requirements of
section 1866(j)(1) of the Social Security Act (as inserted by
subsection (a)) shall not penalize, discriminate, or retaliate
in any manner against an employee with respect to compensation,
terms, conditions or privileges of employment, who in good
faith (as defined in paragraph (2)), individually or in
conjunction with another person or persons--
(A) reports a violation or suspected violation of
such requirements to a public regulatory agency, a
private accreditation body, or management personnel of
the hospital;
(B) initiates, cooperates or otherwise participates
in an investigation or proceeding brought by a
regulatory agency or private accreditation body
concerning matters covered by such requirements;
(C) informs or discusses with other employees, with
a representative of the employees, with patients or
patient representatives, or with the public, violations
or suspected violations of such requirements; or
(D) otherwise avails himself or herself of the
rights set forth in such section or this subsection.
(2) Good faith defined.--For purposes of this subsection,
an employee is deemed to act ''in good faith'' if the employee
reasonably believes--
(A) that the information reported or disclosed is
true; and
(B) that a violation has occurred or may occur.
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on the first July 1 that begins at least 1 year after the
date of the enactment of this Act.

SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS.

There are hereby appropriated to the Secretary of Health and Human
Services such amounts as may be required to provide for additional
payments to hospitals for their reasonable additional, incremental
costs incurred in order to comply with the requirements imposed by this
Act (and the amendments made by this Act).

Ex Output:
Patient and Physician Safety and Protection Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of physician residents or postgraduate trainees to limit their working hours to specified schedules.