CLAIMS

Amendments

Dept. of Veterans Affairs: improve processing of claims for benefits (S. 1203), S7938, S7939 [10NO]

Bills and resolutions

Alaska: reinstate certain mining claims (see S. 1395), S3183 [20MY]

Alaska Native Claims Settlement Act: provide for equitable allotment of land to Alaska Native veterans (see S. 1955), S6380 [5AU] (see H.R. 2387), H3252 [15MY]

——— provide for the recognition of certain Native communities and the settlement of certain claims (see S. 872), S2040 [26MR] (see H.R. 2386), H3252 [15MY]

Alexander Creek, AK: recognize as a Native village (see S. 2017), S6533 [9SE] (see H.R. 1730), H2111 [26MR]

Americans With Disabilities Act: promote compliance through education, clarify requirements for demand letters, and provide for a notice and cure period before commencement of a private civil action (see H.R. 3765), H7026 [20OC]

——— require a plaintiff to provide a defendant with an opportunity to voluntarily correct a violation prior to commencing civil action (see H.R. 241), H187 [9JA]

Armed Forces: allow for certiorari review of certain cases denied relief or review by the U.S. Court of Appeals for the Armed Forces (see H.R. 2828), H4541 [18JN]

——— make invalid and unenforceable predispute arbitration agreements relative to controversies arising under the Servicemembers Civil Relief Act and preserve rights to bring class actions (see S. 2331), S8160 [19NO]

Bankruptcy: clarify rule allowing discharge as a nonpriority claim of governmental claims arising from disposition of farm assets (see S. 194), S283 [20JA]

——— exempt firearms from claims of creditors (see H.R. 1488), H1802 [19MR]

——— improve protections for employees and retirees in business bankruptcies (see S. 1156), S2567 [30AP] (see H.R. 97), H39 [6JA]

——— require disclosure and filing by certain trusts of quarterly reports that contain detailed information on receipt and disposition of claims for injuries based on exposure to asbestos (see S. 357), S771 [4FE] (see H.R. 526), H581 [26JA]

BLM: provide small miner waivers from claim maintenance fees for a period of time after written receipt of defects is provided to the claimant to cure defects or pay the claim maintenance fee (see H.R. 334), H358 [13JA]

Bureau of Reclamation: authorize and implement water rights compact between Montana and the Blackfeet Indian Tribe (see S. 1125), S2473 [28AP]

CERCLA: amend relative to Federal liability and require reimbursement to the Judgement Fund for certain claims (see H.R. 3655), H6749 [30SE]

Colleges and universities: prohibit inclusion of mandatory arbitration clauses in federally funded school enrollment agreements, thereby restricting pursuit of legal claims against higher education institutions in court (see S. 1122), S2473 [28AP] (see H.R. 2079), H2497 [28AP]

Courts: clarify meaning of the term ‘‘prevailing party’’ relative to recovery of attorneys’ fees (see H.R. 4282), H9690 [17DE]

——— eliminate mandatory arbitration clauses in employment, consumer, civil rights, and antitrust cases (see S. 1133), S2530 [29AP] (see H.R. 2087), H2652 [29AP]

——— ensure appropriate judicial review of Federal actions by amending prohibition on exercise of jurisdiction by U.S. Court of Federal Claims of certain claims pending in other courts (see S. 1353), S2933 [14MY] (see H.R. 2329), H3211 [14MY]

——— limit recovery of damages in a civil action relative to disclosure of certain personal information from State motor vehicle records (see H.R. 4176), H9011 [3DE]

——— prohibit recovery of damages in certain wrongful birth and wrongful life civil actions (see H.R. 281), H224 [12JA]

——— protect the right of a claimant in a civil action before a Federal court to retain a structured settlement broker to negotiate the terms of payment of an award (see H.R. 2664), H3914 [4JN]

Crime: provide that employment-related arbitration agreements shall not be enforceable relative to tort claims arising out of rape (see S. 852), S1781 [24MR]

Cuba: prohibit transactions with the Cuban military, incentivize arrest of those responsible for attack on U.S. aircraft, coordinate capture of U.S. fugitives, return confiscated property, and support Cuban people (see S. 1489), S3678 [3JN] (see H.R. 2937), H4770 [25JN]

——— submit a plan for resolving all outstanding claims relative to property confiscated by Cuba before taking action to ease restrictions on travel to or trade (see S. 1388), S3060 [19MY] (see H.R. 2466), H3505 [20MY]

Dept. of Education: improve determination of cohort default rates, provide for enhanced civil penalties, and require executives and owners to assume liability relative to for-profit colleges (see S. 2098), S7005 [29SE] (see H.R. 3992), H8152 [5NO]

Dept. of HHS: develop and disseminate clinical practice guidelines and create a safe harbor for defendants in medical malpractice actions who demonstrate adherence to such guidelines (see S. 1475), S3456 [2JN] (see H.R. 2603), H3756 [2JN]

——— increase access to Medicare data (see S. 679), S1336 [9MR] (see H.R. 804), H855 [5FE]

Dept. of Justice: improve claims process under the Radiation Exposure Compensation Program for those exposed to atmospheric nuclear testing (see S. 1895), S6136 [29JY] (see H.R. 3345), H5765 [29JY]

——— improve compensation under the Radiation Exposure Compensation Program for workers involved in uranium mining (see S. 331), S697 [2FE] (see H.R. 994), H1068 [13FE]

Dept. of the Treasury: allow for use of certain foreign assets to satisfy certain judgments against terrorist parties (see H.R. 3394), H5767 [29JY]

——— provide for transparency of payments made from the Judgment Fund (see S. 350), S736 [3FE] (see H.R. 1669), H2108 [26MR]

——— require an annual report on amounts paid or payable by Federal agencies to the Judgment Fund (see H.R. 3699), H6892 [7OC]

Dept. of Transportation: increase limitation on liability for passenger rail accidents or incidents (see S. 1360), S2971 [18MY]

Dept. of Veterans Affairs: accept certain documents as proof of service in determining eligibility of an individual to receive amounts from the Filipino Veterans Equity Compensation Fund (see H.R. 1875), H2307 [16AP]

——— adjudicate and pay survivor’s benefits without requiring the filing of a formal claim (see S. 1451), S3238 [21MY] (see H.R. 2691), H4001 [9JN]

——— authorize entrance into contracts with administrative contractors to process claims for hospital care and medical services furnished in non-departmental facilities (see H.R. 3320), H5764 [29JY]

——— authorize the Board of Veterans’ Appeals to develop evidence in appeal cases (see H.R. 1379), H1661 [16MR]

——— carry out a pilot program to provide veterans the option of using an alternative appeals process to more quickly determine disability claims (see H.R. 800), H855 [5FE]

——— carry out Veteran Engagement Team events where veterans can complete claims for disability compensation and pension (see H.R. 3936), H8149 [5NO]

——— codify certain existing provisions of law relative to effective dates for claims (see H.R. 245), H187 [9JA]

——— collaborate with nonprofit organizations and institutions of higher learning that provide administrative assistance to veterans (see H.R. 3884), H7623 [3NO]

——— conduct outreach to veterans on the effect of certain delayed payments and submit to Congress an annual report on such delayed payments (see H.R. 1862), H2306 [16AP]

——— establish a deadline for the certification of certain forms by regional offices (see H.R. 1302), H1612 [4MR]

——— establish a priority for processing claims for compensation for veterans who have attained a certain age, are terminally ill, or have a life-threatening illness (see H.R. 2286), H2956 [13MY]

——— establish a task force to evaluate the backlog of disability claims (see H.R. 517), H532 [22JA]

——— establish an ombudsman within the Veterans Health Administration (see H.R. 3978), H8151 [5NO]

——— improve opportunity for veterans to use video conferencing for hearings before the Board of Veterans’ Appeals (see H.R. 732), H811 [4FE]

——— improve processing of claims for benefits (see S. 1203), S2687 [6MY]

——— improve treatment of medical evidence provided by non-departmental medical professionals in support of disability claims compensation (see S. 666), S1303 [4MR] (see H.R. 1331), H1613 [4MR]

——— make interim payments of disability compensation benefits for certain claims for such compensation prior to the adjudication of such claims (see H.R. 1414), H1721 [17MR]

——— make permanent the Advisory Committee on Minority Veterans (see H.R. 4306), H10710 [18DE]

——— provide certain employees of Members of Congress and certain State or local government employees with access to case-tracking information (see H.R. 3335), H5764 [29JY]

——— provide notice of average times for processing claims and percentage of claims approved (see H.R. 2139), H2767 [30AP]

——— reduce backlog of appeals of disability claims by facilitating pro bono legal assistance for veterans and provide authority to address unreasonably delayed claims (see S. 1286), S2759 [11MY]

——— require an independent review of the process by which assessments of cognitive impairments resulting from traumatic brain injury are made relative to awarding disability compensation (see S. 244), S420 [22JA]

——— submit an annual report on performance of regional offices (see H.R. 658), H703 [2FE]

Employment: clarify appropriate standards for Federal employment age discrimination and retaliation claims (see S. 2180), S7272 [8OC]

Endangered Species Act: establish a procedure for approval of certain settlements (see S. 293), S590 [28JA] (see H.R. 585), H660 [28JA]

EPA: address liability relative to release of wastewater from Gold King Mine into Animas and San Juan Rivers (see S. 2135), S7124 [5OC]

——— provide compensation to injured persons relating to the Gold King Mine spill and amend CERCLA to address mining-related issues (see S. 2063), S6893 [22SE] (see H.R. 3602), H6227 [24SE]

——— remove exemption from liability relative to a response under CERCLA when such response causes additional damage at clean-up sites (see H.R. 3531), H6135 [17SE]

Federal agencies and departments: facilitate recovering costs of litigation and agency adjudications for prevailing parties in an action against the U.S. (see H.R. 3754), H6974 [9OC]

——— reestablish period of limitations for claims of the U.S. that may be collected by garnishing payments received from the Government (see S. 2233), S7722 [3NO]

Federal aid programs: prohibit administrative offset of Social Security, railroad retirement, and black lung benefit payments with respect to claims arising from Federal debts (see S. 2387), S8602 [10DE]

——— prohibit administrative offset of Social Security benefit payments with respect to claims arising from Federal student loans (see H.R. 3967), H8151 [5NO]

FEMA: improve the process for claims for losses under the National Flood Insurance Program (see H.R. 3456), H5865 [9SE]

FHA: ensure that any authority of the Mutual Mortgage Insurance Fund to borrow amounts from the Treasury is used only to pay mortgage insurance claims (see H.R. 982), H1068 [13FE]

Guam War Claims Review Commission: implement recommendations (see H.R. 44), H37 [6JA]

Health care professionals: limit liability of volunteers who provide health care services in response to a disaster (see H.R. 865), H980 [11FE]

Insurance: facilitate prompt and efficient adjusting of claims in the case of natural and other disasters and losses and encourage licensing of claims adjusters (see H.R. 2998), H5029 [9JY]

Iran: use parts of fines levied against companies that do business with Iran to establish a fund to pay claims to Americans held hostage in Iran and their families identified in a certain court case (see S. 868), S2040 [26MR] (see H.R. 3338), H5765 [29JY]

IRS: prohibit designation of individuals who are not employees of the IRS to examine certain books and witnesses (see H.R. 3167), H5402 [22JY]

Law enforcement: amend laws relative to certain tort claims arising out of the criminal misconduct of confidential informants (see H.R. 2986), H4955 [8JY]

Medicare: amend the application of secondary payer rules to workers’ compensation settlement agreements and set-asides under such agreements (see H.R. 2649), H3912 [4JN]

——— establish a payment option to freely contract, without penalty, for fee-for-service items and services, while allowing beneficiaries to use their benefits (see S. 1849), S5526 [23JY] (see H.R. 1650), H2107 [26MR]

——— improve efficiency of appeals process (see S. 2368), S8494 [8DE]

——— provide for an established provider system under which providers of services and suppliers representing a low risk for submitting fraudulent claims are provided certain claim review protections (see H.R. 4077), H8360 [18NO]

——— provide for transparent testing to assess the transition under the fee-for-service claims processing system from the ICD–9 to the ICD–10 standard (see H.R. 2247), H2876 [12MY]

Medicare/Medicaid: provide a grace period for physicians and other health care providers in transitioning from the ICD–9 to the ICD–10 standard (see H.R. 2652), H3913 [4JN]

——— provide a safe harbor period for physicians and other health care providers in transitioning from the ICD–9 to the ICD–10 standard (see H.R. 3018), H5088 [10JY]

Mining and mineral resources: authorize the collection of claim location and maintenance fees for a certain period (see H.R. 3843), H7331 [28OC]

——— modify requirements applicable to locatable minerals on public domain lands (see S. 2254), S7814 [5NO]

——— modify requirements applicable to locatable minerals on public domain lands consistent with the principles of self-initiation of mining claims (see H.R. 963), H1066 [13FE]

Native Americans: address certain Indian land-related takings claims of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan and its individual members (see H.R. 3133), H5330 [21JY]

——— address certain Indian land-related takings claims of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan and its individual members (H.R. 3133), refer to U.S. Court of Federal Claims (see H. Res. 376), H5467 [23JY] (see H. Res. 381), H5523 [27JY]

——— restore opportunity for tribal economic development by the Alabama-Coushatta Tribe on terms that are equal and fair (see S. 1457), S3309 [22MY] (see H.R. 2684), H3914 [4JN]

New Mexico: make technical corrections to Navajo water rights settlement (see S. 501), S982 [12FE] (see H.R. 1406), H1721 [17MR]

Patient Protection and Affordable Care Act: impose restrictions on risk corridor program (see S. 359), S771 [4FE] (see H.R. 724), H811 [4FE]

SEC: prohibit mandatory pre-dispute arbitration agreements (see H.R. 1098), H1368 [26FE]

SSA: improve ability to fight fraud, prevent errors, and protect the Social Security Trust Fund (see H.R. 1419), H1767 [18MR]

Taxation: disallow deductions for the payment of punitive damages (see S. 169), S201 [13JA]

——— exclude from income amounts received from certain unlawful discrimination claims and allow income averaging for backpay and frontpay awards from such claims (see S. 2059), S6809 [17SE] (see H.R. 3550), H6136 [17SE]

——— prevent claims of the earned income tax credit by aliens in an unlawful immigration status (see H.R. 3123), H5329 [21JY]

Territories: improve administration of programs in the insular areas (see S. 2360), S8438 [7DE]

Terrorism: deter and provide justice for victims by ensuring foreign sponsors of terrorism are held accountable to their victims in U.S. courts (see S. 2040), S6699 [16SE] (see H.R. 3815), H7174 [23OC]

U.S. Court of Appeals for Veterans Claims: extend temporary expansion to ensure that judges of such court may enroll in the Federal Employee Group Life Insurance program (see H.R. 1067), H1163 [25FE]

——— make permanent the temporary increase in number of judges (see S. 1754), S5061 [14JY]

Volunteer workers: provide for liability protection for organizations and entities (see S. 1684), S4648 [25JN]

Letters

Civil Justice Tax Fairness Act: Terisa E. Chaw, National Employment Lawyers Association, S6815 [17SE]

Remarks in House

Americans With Disabilities Act: promote compliance through education, clarify requirements for demand letters, and provide for a notice and cure period before commencement of a private civil action (H.R. 3765), H7393 [3NO]

BLM: notify tribal landowners of right to appeal surveys, grant tribes right of first refusal to purchase BLM lands, fully compensate landowners, and protect certain tribal surface or mineral interests, H9179–H9181 [9DE]

CERCLA: amend relative to Federal liability and require reimbursement to the Judgement Fund for certain claims (H.R. 3655), H7193 [27OC]

Colleges and universities: prohibit inclusion of mandatory arbitration clauses in federally funded school enrollment agreements, thereby restricting pursuit of legal claims against higher education institutions in court (H.R. 2079), H2479 [28AP]

Dept. of HHS: establish a Biodefense Injury Compensation Program, E1835 [18DE]

Dept. of Justice: improve compensation under the Radiation Exposure Compensation Program for workers involved in uranium mining (H.R. 994), E1074 [15JY]

——— prohibit funding to pay the salaries and expenses of personnel to negotiate or conclude a settlement that includes terms requiring the defendant to donate or contribute funds to an organization or individual, H3733, H3734 [2JN], H9015 [7DE]

Dept. of the Interior, environment, and related agencies: prohibit funding to pay salaries and expenses of personnel to negotiate or conclude a settlement that includes terms requiring the defendant to donate or contribute funds, H4937 [8JY]

Dept. of the Treasury: require an annual report on amounts paid or payable by Federal agencies to the Judgment Fund (H.R. 3699), H7193 [27OC]

Dept. of Transportation: retroactively increase limitation on liability for passenger rail accidents or incidents, H8993 [3DE]

Dept. of Veterans Affairs: Board of Veterans Appeals funding, H2593 [29AP]

——— Center for Women Veterans funding, H2592 [29AP]

——— disability claim backlog reduction funding through reductions in administrative account funding, H2620 [29AP]

——— disability claim backlog reduction funding through reductions in Office of General Counsel funding, H2592 [29AP]

——— disability claim backlog reduction funding through reductions in Veterans Benefits Administration general operating expenses account funding, H2594 [29AP]

——— improve access of veterans to medical services by improving scheduling, staff training and hiring, access to care from non-departmental providers, and administrative matters, H3646 [2JN], H8427 [30NO]

——— improve accountability of employees, H3399 [20MY], H3545 [21MY], H3646 [2JN], H4371, H4372 [15JN]

——— include number of unprocessed informal claims in performance metrics report, H2598 [29AP]

——— information technology systems funding through reductions in administrative account funding, H2593, H2594 [29AP]

——— Inspector General report on mismanagement at Philadelphia, PA, VA Regional Office, H2590 [29AP]

——— make interim payments of disability compensation benefits for certain claims for such compensation prior to the adjudication of such claims, H5515, H5516 [27JY]

——— provide notice of average times for processing claims and percentage of claims approved, H5516 [27JY]

——— resolve backlog of disability claims, H2599 [29AP], H8653 [1DE]

EPA: remove exemption from liability relative to a response under CERCLA when such response causes additional damage at clean-up sites (H.R. 3531), H7193 [27OC]

France: agreement with U.S. to pay compensation to Holocaust survivors, their spouses and heirs from the French government for the deportations of Jews and other prisoners aboard French trains, H9211 [10DE]

Guam War Claims Review Commission: implement recommendations (H.R. 44), E10 [6JA]

Insurance: facilitate prompt and efficient adjusting of claims in the case of natural and other disasters and losses and encourage licensing of claims adjusters (H.R. 2998), E1027 [9JY]

Mining and mineral resources: modify requirements applicable to locatable minerals on public domain lands consistent with the principles of self-initiation of mining claims (H.R. 963), H7049 [21OC], E1521 [23OC]

New Mexico: make technical corrections to Navajo water rights settlement (S. 501), H6002 [16SE]

Permanent Court of Arbitration: ruling that Russia violated the Energy Charter Treaty when it expropriated Yukos Oil Co., assets, E1084 [20JY]

SSA: improve ability to fight fraud, prevent errors, and protect the Social Security Trust Fund (H.R. 1419), E356 [18MR]

U.S. Court of Appeals for Veterans Claims: extend temporary expansion to ensure that judges of such court may enroll in the Federal Employee Group Life Insurance program, H5515, H5516 [27JY]

Remarks in Senate

Alaska: reinstate certain mining claims (S. 1395), S3185 [20MY]

Alaska Native Claims Settlement Act: provide for the recognition of certain Native communities and the settlement of certain claims (S. 872), S2049 [26MR]

Alexander Creek, AK: recognize as a Native village (S. 2017), S6536 [9SE]

Armed Forces: make invalid and unenforceable predispute arbitration agreements relative to controversies arising under the Servicemembers Civil Relief Act and preserve rights to bring class actions (S. 2331), S8165 [19NO]

Bankruptcy: clarify rule allowing discharge as a nonpriority claim of governmental claims arising from disposition of farm assets (S. 194), S284 [20JA]

Dept. of Education: improve determination of cohort default rates, provide for enhanced civil penalties, and require executives and owners to assume liability relative to for-profit colleges, S8448 [8DE]

Dept. of HHS: increase access to Medicare data, S6171 [30JY]

Dept. of Justice: improve claims process under the Radiation Exposure Compensation Program for those exposed to atmospheric nuclear testing (S. 1895), S6143 [29JY]

——— improve compensation under the Radiation Exposure Compensation Program for workers involved in uranium mining (S. 331), S5146 [16JY]

Dept. of Veterans Affairs: improve access of veterans to medical services by improving scheduling, staff training and hiring, access to care from non-departmental providers, and administrative matters, S383 [22JA], S730–S732 [3FE], S7448, S7449 [22OC]

——— improve processing of claims for benefits (S. 1203), S7939 [10NO]

EPA: address liability relative to release of wastewater from Gold King Mine into Animas and San Juan Rivers, S7633 [29OC], S7768 [4NO]

Federal aid programs: prohibit administrative offset of Social Security, railroad retirement, and black lung benefit payments with respect to claims arising from Federal debts (S. 2387), S8604 [10DE]

Iran: establish a deficit-neutral reserve fund to pay claims from sanctions revenue to U.S. citizens held hostage in Iran and their families, S1979, S1998, S1999 [26MR]

——— require Iranian government make a formal apology to Americans held hostage in Iran and compensate hostages and their families, S463 [26JA]

——— use parts of fines levied against companies that do business with Iran to establish a fund to pay claims to Americans held hostage in Iran and their families identified in a certain court case (S. 868), S7751 [4NO]

Medicare: improve efficiency of appeals process (S. 2368), S8496 [8DE]

Mining and mineral resources: modify requirements applicable to locatable minerals on public domain lands (S. 2254), S7817–S7819 [5NO]

New Mexico: make technical corrections to Navajo water rights settlement (S. 501), S3249 [21MY]

Taxation: disallow deductions for the payment of punitive damages (S. 169), S204 [13JA]

——— exclude from income amounts received from certain unlawful discrimination claims and allow income averaging for backpay and frontpay awards from such claims (S. 2059), S6815 [17SE]

Territories: improve administration of programs in the insular areas (S. 2360), S8439 [7DE]

Veterans: improve provision of medical services and benefits, S3277 [22MY]

Reports filed

Audit & Appeals Fairness, Integrity, and Reforms in Medicare (AFIRM) Act: Committee on Finance (Senate) (S. 2368) (S. Rept. 114–177), S8492 [8DE]

Furthering Asbestos Claim Transparency (FACT) Act: Committee on the Judiciary (House) (H.R. 526) (H. Rept. 114–352), H8644 [30NO]

New Mexico Navajo Water Settlement Technical Corrections Act: Committee on Indian Affairs (Senate) (S. 501) (S. Rept. 114–41), S2759 [11MY]

——— Committee on Natural Resources (House) (S. 501) (H. Rept. 114–255), H5847 [8SE]

21st Century Veterans Benefits Delivery Act: Committee on Veterans’ Affairs (Senate) (S. 1203) (S. Rept. 114–153), S7303 [19OC]

Summaries

Protecting Employees and Retirees in Business Bankruptcies Act (H.R. 97), E15–E18 [6JA]

Texts of

S. 194, Family Farmer Bankruptcy Clarification Act, S285 [20JA]

S. 293, establish a procedure for approval of certain Endangered Species Act settlements, S602 [28JA]

S. 501, New Mexico Navajo Water Settlement Technical Corrections Act, S3249 [21MY], H6002 [16SE]

S. 1122, Court Legal Access and Student Support (CLASS) Act, S2479 [28AP]

S. 1156, Protecting Employees and Retirees in Business Bankruptcies Act, S2573–S2577 [30AP]

S. 1203, 21st Century Veterans Benefits Delivery Act, S7939–S7954 [10NO]

S. 2040, Justice Against Sponsors of Terrorism Act, S6701 [16SE]

S. 2387, Protection of Social Security Benefits Restoration Act, S8604 [10DE]