116 HR 5102 IH: Coastal Resilience Research and Education Act
U.S. House of Representatives
2019-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5102IN THE HOUSE OF REPRESENTATIVESNovember 14, 2019Mr. Panetta (for himself, Mr. Waltz, Mr. Rouda, Mr. Palazzo, Mr. Carbajal, Mr. Suozzi, Ms. Eshoo, and Mr. Richmond) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Natural Resources, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo designate public colleges and universities that provide research, data, and recommendations on
			 physical and biological science, social science, economic analysis, policy
			 analysis, risk analysis, monitoring, predicting, and planning for
			 sea-level rise and associated coastal flooding and shoreline erosion as
			 National Centers of Excellence in Coastal Resilience Research and
			 Education, and for other purposes.

 1.Short titleThis Act may be cited as the Coastal Resilience Research and Education Act. 2.National Centers of Excellence in Coastal Resilience Research and Education (a)In generalThe Administrator of the National Oceanic and Atmospheric Administration shall designate public institutions of higher education as National Centers of Excellence in Coastal Resilience Research and Education (in this section referred to as National Centers of Excellence). The Administrator shall make the first such designation by not later than 180 days after the date of enactment of this Act.
 (b)PurposesThe purposes of such designation are the following: (1)To recognize institutions of higher education that have exhibited national leadership in research and education in coastal climate change adaptation and mitigation.
 (2)To identify such National Centers of Excellence as sources of expert advice and guidance for Federal agencies engaged in research and education related to coastal climate change resilience.
 (3)To formalize and enhance existing collaborations and partnerships between public institutions of higher education and Federal agencies, with the goal of ensuring information and recommendations are communicated effectively between such entities.
 (c)Criteria for designationThe Administrator shall designate as a National Center of Excellence only a public institution of higher education that—
 (1)has demonstrated proven expertise in the physical, engineering, and environmental sciences, particularly research and education focused on the impacts of sea-level rise, coastal flooding, or shoreline erosion;
 (2)has demonstrated a commitment to understanding the socioeconomic impacts of climate change; (3)is located in a State that frequently experiences coastal flooding or shoreline erosion in connection with sea-level rise, severe coastal storms, or seawater intrusion into groundwater supplies;
 (4)has previously partnered with, or is receiving funds from, Federal agencies for research on coastal flooding or shoreline erosion issues;
 (5)has collaborated with State agencies or State legislators as technical and scientific advisory entities with respect to coastal flooding or shoreline erosion;
 (6)can demonstrate institutional collaboration in coastal flooding or shoreline erosion research and education with other public institutions of higher education, including minority-serving institutions, within the same State; and
 (7)can demonstrate a history of convening local, State, or Federal entities to develop plans for coastal flooding or shoreline erosion.
				3.Information collection and dissemination; reviews and additional designs
 (a)Annual reportThe Administrator shall annually submit to Congress and the President a report describing the activities, partnership and collaborations, Federal policy recommendations, previous and continuing budgets, and findings of, and any other applicable information from, the National Centers of Excellence, and make such reports available to the public in an easily accessible format on the website of the National Oceanic and Atmospheric Administration.
 (b)Review of reports from national centers of excellenceThe Administrator shall review reports from National Centers of Excellence to ensure that recommendations and guidance of such Centers regarding sea-level rise, coastal flooding, shoreline erosion, and related issues are communicated to relevant Federal agencies.
 (c)Review of National Centers of Excellence and potential designeesThe Administrator shall periodically review each National Center of Excellence and potential new designees as such Centers, to—
 (1)ensure that each National Center of Excellence continues to meet the criteria for designation under this Act; and
 (2)designate additional National Centers of Excellence in accordance with this Act. (d)RevocationIf the Secretary determines under subsection (c) that a National Center for Excellence does not meet the criteria for such designation, the Secretary shall revoke such designation by such process as the Secretary determines appropriate.
			4.Additional authorities
 In carrying out this Act, the Administrator may use— (1)the National Oceanographic Partnership Program established by section 8931 of title 10, United States Code, as a venue for collaboration and coordination to leverage partnerships between public institutions of higher education and Federal agencies;
 (2)the Coastlines and People initiative under the National Science Foundation as a tool to use ongoing interdisciplinary research; and
 (3)the National Sea Grant College Program as a resource to help foster collaboration between public institutions of higher education and Federal agencies.
 5.DefinitionsIn this Act: (1)Institution of higher educationThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (2)Minority-serving institutionThe term minority-serving institution means an institution of higher education eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).


114 S2744 IS: Genetic Research Privacy Protection Act
U.S. Senate
2016-04-05
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.

		II
		114th CONGRESS2d Session
		S. 2744
		IN THE SENATE OF THE UNITED STATES

			April 5, 2016
			Ms. Warren (for herself and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Public Health Service Act to protect the privacy of individuals who are research
			 subjects, and for other purposes.

		1.Short title
 This Act may be cited as the Genetic Research Privacy Protection Act.
		2.Protection of privacy of individuals who are research subjects
 (a)In generalSubsection (d) of section 301 of the Public Health Service Act (42 U.S.C. 241) is amended to read as follows:

					(d)Protection of privacy of individuals who are research subjects
						(1)Issuance of certificate
 (A)In generalIf a person is engaged in biomedical, behavioral, clinical, or other research, in which identifiable, sensitive information is collected (including research on mental health and research on the use and effect of alcohol and other psychoactive drugs), the Secretary, in coordination with other Departments, as applicable—
 (i)shall issue to such person a certificate of confidentiality to protect the privacy of individuals who are the subjects of such research if the research is funded wholly or in part by the Federal Government; and
 (ii)may, upon application by a person engaged in research, issue to such person a certificate of confidentiality to protect the privacy of such individuals if the research is not so funded.
 (B)Result of certificateExcept as provided in subparagraph (C), any person to whom a certificate is issued under subparagraph (A) to protect the privacy of individuals described in such subparagraph shall not disclose or provide to any other person not connected with the research the name of such an individual or any information, document, or biospecimen that contains identifiable, sensitive information about such an individual and that was created or compiled for purposes of the research.
 (C)ExceptionsThe disclosure prohibition in subparagraph (B) shall not apply to disclosure or use that is— (i)required by Federal, State, or local laws, excluding instances described in subparagraph (D);
 (ii)necessary for the medical treatment of the individual to whom the information, document, or biospecimen pertains;
 (iii)made with the consent of the individual to whom the information, document, or biospecimen pertains; or
 (iv)made for the purposes of other scientific research that is in compliance with applicable Federal regulations governing the protection of human subjects in research.
 (D)Prohibition on compelling disclosureAny person to whom a certificate is issued under subparagraph (A) to protect the privacy of an individual described in such subparagraph shall not, in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding, disclose or provide the name of such individual or any such information, document, or biospecimen that contains identifiable, sensitive information about the individual and that was created or compiled for purposes of the research.
 (E)ImmunityIdentifiable, sensitive information protected under subparagraph (A), and all copies thereof, shall be immune from the legal process, and shall not, without the consent of the individual to whom the information pertains, be admissible as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding.
 (F)Terms of protectionIdentifiable, sensitive information collected by a person to whom a certificate has been issued under subparagraph (A), and all copies thereof, shall be subject to the protections afforded by this section for perpetuity.
 (G)Minimizing administrative burdenThe Secretary shall take steps to minimize the burden to researchers, streamline the process, and reduce the time it takes to comply with the requirements of this subsection.
 (2)Rule of constructionNothing in this subsection shall be construed to limit the access of an individual who is a subject of research to information about himself or herself collected during such individual’s participation in the research.
 (3)DefinitionsFor purposes of this subsection, the term identifiable, sensitive information means information that is about an individual and that is gathered or used during the course of research described in paragraph (1)(A) and—
 (A)through which an individual is identified; or (B)for which there is a risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources could be used to deduce the identity of an individual..
 (b)ApplicabilityBeginning on the date of enactment of this Act, all persons engaged in research and authorized by the Secretary of Health and Human Services to protect information under section 301(d) of the Public Health Service Act (42 U.S.C. 241(d)) prior to the date of enactment of this Act shall be subject to the requirements of such section (as amended by this Act).
 3.Protection of identifiable, sensitive informationSection 301 of the Public Health Service Act (42 U.S.C. 241) is amended by adding at the end the following:

 (f)(1)The Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, biomedical information that is about an individual and that is gathered or used during the course of biomedical research if—
 (A)an individual is identified; or (B)there is a risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources could be used to deduce the identity of an individual.
 (2)(A)Each determination of the Secretary under paragraph (1) to exempt information from disclosure shall be made in writing and accompanied by a statement of the basis for the determination.
 (B)Each such determination and statement of basis shall be available to the public, upon request, through the Office of the Chief FOIA Officer of the Department of Health and Human Services.
 (3)Nothing in this subsection shall be construed to limit a research participant’s access to information about such participant collected during the participant’s participation in the research.
					.


110 HR 839 RS: To authorize the Secretary of the Interior to study the

U.S. House of Representatives
2007-06-28
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.

		II
		Calendar No. 254
		110th CONGRESS
		1st Session
		H. R. 839
		[Report No. 110–120]
		IN THE SENATE OF THE UNITED STATES

			March 20, 2007
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			June 28, 2007
			Reported by Mr.
			 Bingaman, without amendment

		AN ACT
		To authorize the Secretary of the Interior to study the
		  feasibility of enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah,
		  to provide additional water for the Weber Basin Project to fulfill the purposes
		  for which that project was authorized.

		1.Short titleThis Act may be cited as the Arthur
			 V. Watkins Dam Enlargement Act.
		2.FindingsCongress finds the following:
			(1)Arthur V. Watkins
			 Dam is a feature of the Weber Basin Project, which was authorized by law on
			 August 29, 1949.
			(2)Increasing the
			 height of Arthur V. Watkins Dam and construction of pertinent facilities may
			 provide additional storage capacity for the development of additional water
			 supply for the Weber Basin Project for uses of municipal and industrial water
			 supply, flood control, fish and wildlife, and recreation.
			3.Authorization of
			 feasibility studyThe
			 Secretary of the Interior, acting through the Bureau of Reclamation, is
			 authorized to conduct a feasibility study on raising the height of Arthur V.
			 Watkins Dam for the development of additional storage to meet water supply
			 needs within the Weber Basin Project area and the Wasatch Front. The
			 feasibility study shall include such environmental evaluation as required under
			 the National Environmental Policy Act of
			 1969 (42 U.S.C. 4321 et seq.) and a cost allocation as required
			 under the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
		4.Cost
			 shares
			(a)Federal
			 ShareThe Federal share of the costs of the study authorized in
			 section 3 shall not exceed 50 percent of the total cost of the study.
			(b)In-Kind
			 ContributionsThe Secretary shall accept, as appropriate, in-kind
			 contributions of goods or services from the Weber Basin Water Conservancy
			 District. Such goods and services accepted under this section shall be counted
			 as part of the non-Federal cost share for the study.
			5.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Secretary $1,000,000 for the Federal cost
			 share of the study authorized in section 3.
		6.SunsetThe authority of the Secretary to carry out
			 any provisions of this Act shall terminate 10 years after the date of the
			 enactment of this Act.

		June 28, 2007
		Reported without amendment


113 HR 4979 RH: Red River Private Property Protection Act
U.S. House of Representatives
2014-12-22
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.

IB
Union Calendar No. 531
113th CONGRESS 2d Session
H. R. 4979
[Report No. 113–700]
IN THE HOUSE OF REPRESENTATIVES

June 26, 2014
Mr. Thornberry (for himself, Mr. Flores, Mr. Marchant, Mr. Burgess, and Mr. Neugebauer) introduced the following bill; which was referred to the Committee on Natural Resources

December 22, 2014
Additional sponsors: Mr. Stockman, Mr. McCaul, Mr. Weber of Texas, Mr. Farenthold, Mr. Gohmert, Mr. Olson, Mr. Lankford, Mr. Carter, and Mr. Sam Johnson of Texas

December 22, 2014
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on June 26, 2014

A BILL
To provide legal certainty to property owners along the Red River in Texas, and for other purposes.

1.Short titleThis Act may be cited as the Red River Private Property Protection Act.
2.Disclaimer of interest The Secretary hereby disclaims any right, title, and interest to all Red River lands located south of the South Bank of the Red River. This Act does not change or affect in any manner the sovereignty rights of federally recognized Indian tribes over lands located to the north of the South Bank of the Red River. Tribal sovereignty rights continue to be established and defined by controlling Federal law.
3.Claims process and issuance of deeds
(a)In generalThe Secretary shall relinquish, disclaim, and shall transfer by special warranty deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that the claimant—
(1)holds all right, title, and interest under a chain of title for at least 30 years from the time of submission;
(2)has a deed recorded in the appropriate county; and
(3)has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency.
(b)Public NotificationThe Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a).
(c)Standard of ApprovalThe Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest, including all land accreted to those lands identified by such records by the processes of erosion and accretion.
(d)Time Period for Approval or Disapproval of RequestThe Secretary shall approve or disapprove a request for a special warranty deed under subsection (a) not later than 180 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 180-day period, the request shall be deemed to be approved.
(e)Requirements for decisionAny final decision by the Secretary must contain—
(1)a field note description used to determine the property claim, which must be—
(A)sufficient to locate the land on the ground;
(B)consistent with the claimant’s deed; and
(C)include all land accreted to the claimant by the processes of erosion and accretion;
(2)an accurate plat of the land that is—
(A)consistent with the field notes; and
(B)prepared by a Texas licensed State land surveyor; and
(3)any other matters required by law or as the Secretary considers appropriate consistent with the provisions and intent of this Act.
4.Administrative hearing
(a)In generalThe Secretary shall establish procedures for an administrative hearing—
(1)for a claimant to appeal the final decision made pursuant to section 3 regarding a claim by Secretary to the claimant’s property; and
(2)to adjudicate disputes between two or more private property owners who have interest claims that overlap pursuant to documents submitted under section 3.
(b)Judicial resolutionIf after the final determination has been issued under subsection (a) and the private property owner disputes the decision, the private property owner may pursue a claim in a Federal district court within the State of Texas.
5.Resource Management PlanThe Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3.
6.ConstructionNothing in this Act shall alter—
(1)any present or future rights and interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest;
(2)any tribal trust lands;
(3)allotted lands that may be held in trust or lands subject to a Federal restriction against alienation;
(4)any boundaries of lands owned by the tribes referred to in paragraph (1), including lands referred to in paragraphs (2) and (3), pursuant to the gradient boundary survey method; and
(5)the sovereign rights, jurisdiction, or other governmental interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest existing or which may be acknowledged by Federal and tribal law.
7.Sale of remaining red river surface rights
(a)Competitive sale of identified Federal landsAfter the Secretary has ensured that Red River lands parcels are not subject to transfer under section 3, the Secretary shall offer any and all such remaining identified Federal lands for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice.
(b)Existing rightsThe sale of identified Federal lands under this section shall be subject to valid existing tribal, State, and local rights.
(c)Proceeds of sale of landsNet proceeds from the sale of identified Federal lands under this section shall be used to offset any costs associated with this Act.
(d)ReportNot later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of any identified Federal lands that have not been sold under subsection (a) and the reasons such lands were not sold.
8.DefinitionsFor the purposes of this Act—
(1)the term Red River lands means lands along the approximately 116-mile stretch of the Red River from its confluence with the North Fork of the Red River on the west to the 98th meridian on the east between the States of Texas and Oklahoma;
(2)the term Secretary means the Secretary of the Interior, acting through the Director of Bureau of Land Management;
(3)the term South Bank means the water-washed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly or right side of the Red River which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river; as specified in the fifth paragraph of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687; and
(4)the term gradient boundary survey means the measurement technique used to demarcate a division of ownership or jurisdiction along the South Bank under the methodology established by the United States Supreme Court which recognizes that the boundary line between the States of Texas and Oklahoma along the Red River is subject to such changes as have been or may be wrought by the natural and gradual processes known as erosion and accretion as specified in the second, third, and fourth paragraphs of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687.

December 22, 2014
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


		I
		111th CONGRESS
		1st Session
		H. R. 1083
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2009
			Mr. Boucher (for
			 himself, Mr. Goodlatte,
			 Mr. Davis of Alabama,
			 Mrs. Bachmann,
			 Ms. Herseth Sandlin,
			 Mr. Jones,
			 Mr. Scott of Virginia,
			 Mr. Jordan of Ohio,
			 Mr. Weiner,
			 Mr. Pence, and
			 Mr. Wilson of South Carolina)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To regulate certain State taxation of interstate
		  commerce, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Business Activity Tax Simplification
			 Act of 2009.
		2.Modernization of
			 public law 86–272
			(a)Solicitations
			 With Respect to Sales and Transactions of Other Than Tangible Personal
			 PropertySection 101 of the Act entitled An Act relating
			 to the power of the States to impose net income taxes on income derived from
			 interstate commerce, and authorizing studies by congressional committees of
			 matters pertaining thereto, approved September 14, 1959 (15 U.S.C. 381
			 et seq.), is amended—
				(1)in
			 section (a), by striking either, or both, and inserting
			 any one or more;
				(2)in subsection
			 (a)(1), by striking by such person and all that follows and
			 inserting “(which are sent outside the State for approval or rejection) or
			 customers by such person, or his representative, in such State for sales or
			 transactions, which are—

						(A)in the case of
				tangible personal property, filled by shipment or delivery from a point outside
				the State; and
						(B)in the case of all
				other forms of property, services, and other transactions, fulfilled or
				distributed from a point outside the
				State;
						;
				(3)in subsection
			 (a)(2), by striking the period at the end and inserting a semicolon;
				(4)in subsection (a),
			 by adding at the end the following new paragraphs:

						(3)the furnishing of
				information to customers or affiliates in such State, or the coverage of events
				or other gathering of information in such State by such person, or his
				representative, which information is used or disseminated from a point outside
				the State; and
						(4)those business
				activities directly related to such person’s potential or actual purchase of
				goods or services within the State if the final decision to purchase is made
				outside the
				State.
						;
				(5)by striking
			 subsection (c) and inserting the following new subsection:

						(c)For purposes of
				subsection (a) of this section, a person shall not be considered to have
				engaged in business activities within a State during any taxable year
				merely—
							(1)by reason of sales
				or transactions in such State, the solicitation of orders for sales or
				transactions in such State, the furnishing of information to customers or
				affiliates in such State, or the coverage of events or other gathering of
				information in such State, on behalf of such person by one or more independent
				contractors;
							(2)by reason of the
				maintenance of an office in such State by one or more independent contractors
				whose activities on behalf of such person in such State consist solely of
				making sales or fulfilling transactions, soliciting order for sales or
				transactions, the furnishing of information to customers or affiliates, or the
				coverage of events or other gathering of information; or
							(3)by reason of the
				furnishing of information to an independent contractor by such person ancillary
				to the solicitation of orders or transactions by the independent contractor on
				behalf of such person.
							;
				and
				(6)in subsection
			 (d)(1)—
					(A)by inserting
			 or fulfilling transactions, after selling;
			 and
					(B)by striking
			 the sale of, tangible personal property and inserting a
			 sale or transaction, furnishing information, or covering events, or otherwise
			 gathering information.
					(b)Application of
			 Prohibitions to Other Business Activity TaxesTitle I of the Act
			 entitled An Act relating to the power of the States to impose net income
			 taxes on income derived from interstate commerce, and authorizing studies by
			 congressional committees of matters pertaining thereto, approved
			 September 14, 1959 (15 U.S.C. 381 et seq.), is amended by adding at the end the
			 following:

					105.For taxable periods beginning on or after
				January 1, 2010, the prohibitions of section 101 that apply with respect to net
				income taxes shall also apply with respect to each other business activity tax,
				as defined in section 3(g) of the Business Activity Tax Simplification Act of
				2009. A State or political subdivision thereof may not assess or collect any
				tax which by reason of this section the State or political subdivision may not
				impose.
					.
			(c)Effective
			 DateThe amendments made by this section shall apply with respect
			 to the imposition, assessment, and collection of taxes for taxable periods
			 beginning on or after January 1, 2010.
			3.Minimum
			 jurisdictional standard for State and local net income taxes and other business
			 activity taxes
			(a)In
			 GeneralNo taxing authority of a State shall have power to
			 impose, assess, or collect a net income tax or other business activity tax on
			 any person relating to such person’s activities in interstate commerce unless
			 such person has a physical presence in the State during the taxable period with
			 respect to which the tax is imposed.
			(b)Requirements for
			 Physical Presence
				(1)In
			 generalFor purposes of subsection (a), a person has a physical
			 presence in a State only if such person’s business activities in the State
			 include any of the following during such person’s taxable year:
					(A)Being an
			 individual physically in the State, or assigning one or more employees to be in
			 the State.
					(B)Using the services
			 of an agent (excluding an employee) to establish or maintain the market in the
			 State, if such agent does not perform business services in the State for any
			 other person during such taxable year.
					(C)The leasing or
			 owning of tangible personal property or of real property in the State.
					(2)De minimis
			 physical presenceFor purposes of this section, the term
			 physical presence shall not include—
					(A)presence in a State
			 for less than 15 days in a taxable year (or a greater number of days if
			 provided by State law); or
					(B)presence in a
			 State to conduct limited or transient business activity.
					(c)Taxable Periods
			 Not Consisting of a YearIf the taxable period for which the tax
			 is imposed is not a year, then any requirements expressed in days for
			 establishing physical presence under this Act shall be adjusted pro rata
			 accordingly.
			(d)Minimum
			 jurisdictional standardThis section provides for minimum
			 jurisdictional standards and shall not be construed to modify, affect, or
			 supersede the authority of a State or any other provision of Federal law
			 allowing persons to conduct greater activities without the imposition of tax
			 jurisdiction.
			(e)Exceptions
				(1)Domestic
			 business entities and individuals domiciled in, or residents of, the
			 stateSubsection (a) does not apply with respect to—
					(A)a person (other
			 than an individual) that is incorporated or formed under the laws of the State
			 (or domiciled in the State) in which the tax is imposed; or
					(B)an individual who
			 is domiciled in, or a resident of, the State in which the tax is
			 imposed.
					(2)Taxation of
			 partners and similar personsThis section shall not be construed
			 to modify or affect any State business activity tax liability of an owner or
			 beneficiary of an entity that is a partnership, an S corporation (as defined in
			 section 1361 of the Internal Revenue Code of 1986), a limited liability company
			 (classified as a partnership for Federal income tax purposes), a trust, an
			 estate, or any other similar entity, if the entity has a physical presence in
			 the State in which the tax is imposed.
				(3)Preservation of
			 authorityThis section shall not be construed to modify, affect,
			 or supersede the authority of a State to bring an enforcement action against a
			 person or entity that may be engaged in an illegal activity, a sham
			 transaction, or any perceived or actual abuse in its business activities if
			 such enforcement action does not modify, affect, or supersede the operation of
			 any provision of this section or of any other Federal law.
				(f)Rule of
			 ConstructionThis section shall not be construed to modify,
			 affect, or supersede the operation of title I of the Act entitled An Act
			 relating to the power of the States to impose net income taxes on income
			 derived from interstate commerce, and authorizing studies by congressional
			 committees of matters pertaining thereto, approved September 14, 1959
			 (15 U.S.C. 381 et seq.).
			(g)Definitions,
			 etcFor purposes of this
			 section:
				(1)Net income
			 taxThe term net income tax has the meaning given
			 that term for the purposes of the Act entitled An Act relating to the
			 power of the States to impose net income taxes on income derived from
			 interstate commerce, and authorizing studies by congressional committees of
			 matters pertaining thereto, approved September 14, 1959 (15 U.S.C. 381
			 et seq.).
				(2)Other business
			 activity tax
					(A)In
			 generalThe term other business activity tax means
			 any tax in the nature of a net income tax or tax measured by the amount of, or
			 economic results of, business or related activity conducted in the
			 State.
					(B)ExclusionThe
			 term other business activity tax does not include a sales tax, a
			 use tax, or a similar transaction tax, imposed on the sale or acquisition of
			 goods or services, whether or not denominated a tax imposed on the privilege of
			 doing business.
					(3)PersonThe
			 term person has the meaning given such term by section 1 of title
			 1 of the United States Code.
				(4)StateThe
			 term State means any of the several States, the District of
			 Columbia, or any territory or possession of the United States, or any political
			 subdivision of any of the foregoing.
				(5)Tangible personal
			 propertyFor purposes of subsection (b)(1)(C), the leasing or
			 owning of tangible personal property does not include the leasing or licensing
			 of computer software.
				(h)Effective
			 dateThis section shall apply
			 with respect to taxable periods beginning on or after January 1, 2009.


		I
		112th CONGRESS
		1st Session
		H. R. 3711
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2011
			Mr. Hastings of
			 Florida introduced the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committee on
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To require the President to call a White House Conference
		  on Haiti.

		1.Short titleThis Act may be cited as the
			 White House Conference on Haiti Act of
			 2011.
		2.FindingsCongress finds the following:
			(1)Haiti is the
			 poorest country in the Western Hemisphere.
			(2)On January 12,
			 2010, a 7.0 magnitude earthquake struck the country of Haiti.
			(3)The earthquake
			 caused massive devastation across Haiti, destroying government buildings,
			 hospitals, schools, and vital aid offices including the headquarters of the
			 United Nations mission to Haiti.
			(4)An estimated
			 3,000,000 people have been directly affected by the disaster in Haiti, nearly
			 one-third of the country’s population, who are currently at risk of long-term
			 displacement and vulnerability.
			(5)Prior to the
			 earthquake, Haiti was still in the process of recovering from a recent series
			 of hurricanes and tropical storms, previous natural disasters, and food
			 shortages and rising commodity prices, but was showing encouraging signs of
			 improvement.
			(6)On October 21,
			 2010, the Centers for Disease Control and Prevention confirmed an outbreak of
			 cholera in Haiti.
			(7)As of May 29,
			 2011, there have been 321,066 cases of cholera and 5,337 deaths, and 500,000
			 total cases are expected by the end of the year.
			(8)President Obama
			 vowed the unwavering support of the United States and pledged a
			 swift, coordinated and aggressive effort to save lives and support the
			 recovery in Haiti.
			(9)Prior to the
			 earthquake, there were approximately 10,000 nongovernmental organizations
			 operating in Haiti.
			(10)At least
			 3,000,000 Haitians live abroad.
			(11)Haitians abroad
			 provide significant capital to local economies in Haiti through travel and
			 remittances and have the potential to advance reconstruction efforts by
			 providing needed skills and resources.
			(12)The response to
			 the tragedy from the global community has been overwhelmingly positive.
			(13)Individuals,
			 businesses, and philanthropic organizations across the United States and
			 throughout the international community have responded in support of Haiti
			 during this time of crisis.
			3.Authorization of
			 the conference
			(a)Authority To
			 call conferenceNot later than June 30, 2012, the President shall
			 call the White House Conference on Haiti (in this Act referred to as the
			 Conference) to be convened not later than 6 months after the
			 selection of the Policy Committee established in section 4, in order to make
			 fundamental policy recommendations on ways to assist in the recovery and
			 long-term development of Haiti.
			(b)Planning and
			 directionThe Secretary of State and the Secretary of Homeland
			 Security (in this Act referred to as the Co-chairs) shall plan,
			 conduct, and convene the Conference, in consultation with other appropriate
			 Cabinet members.
			(c)Purposes of
			 conferenceThe purposes of the Conference are to—
				(1)bring attention to
			 the ongoing challenges facing Haiti and the progress made in its recovery from
			 the January 12, 2010, earthquake;
				(2)promote
			 collaboration and coordination between the United States Government, foreign
			 governments, the private sector, international nongovernmental organizations,
			 and the Haitian Diaspora;
				(3)identify gaps or
			 duplication in the provision of humanitarian assistance;
				(4)highlight
			 innovative ideas for sustainable rebuilding and redevelopment in Haiti;
				(5)share best
			 practices in development assistance in Haiti and in nations facing similar
			 challenges;
				(6)develop
			 opportunities for greater involvement in Haiti’s recovery by the Haitian
			 Diaspora and the private sector;
				(7)review the
			 structure, scope, and effectiveness of existing policies and initiatives by
			 public and private entities regarding development assistance, stability, and
			 long-term economic growth in Haiti; and
				(8)identify possible
			 changes to United States immigration, trade, and foreign aid policies that may
			 assist in a more rapid, sustainable recovery.
				4.Policy committee;
			 related committees
			(a)EstablishmentNot
			 later than July 31, 2012, there is established a Policy Committee comprising of
			 17 members to be selected as follows:
				(1)Presidential
			 appointeesNine members shall be selected by the President and
			 shall include—
					(A)3 members who are
			 officers or employees of the United States; and
					(B)6 members with
			 experience in addressing the needs of disaster-stricken and developing
			 countries.
					(2)House
			 appointees
					(A)Selection by
			 speakerTwo members shall be selected by the Speaker of the House
			 of Representatives after consultation with the chairperson of the Committee on
			 Foreign Affairs, the chairperson of the Committee on Homeland Security, the
			 chairperson of the Committee on the Judiciary, the chairperson of the Committee
			 on Energy and Commerce, and the chairperson of the Committee on Financial
			 Services, of the House of Representatives.
					(B)Selection by
			 minority leaderTwo members shall be selected by the minority
			 leader of the House of Representatives, after consultation with the ranking
			 minority members of such committees.
					(3)Senate
			 appointees
					(A)Selection by
			 majority leaderTwo members shall be selected by the majority
			 leader of the Senate, after consultation with members of the Committee on
			 Foreign Relations, the Committee on Homeland Security and Governmental Affairs,
			 the Committee on Commerce, Science, and Transportation, and the Committee on
			 Finance, of the Senate.
					(B)Selection by
			 minority leaderTwo members shall be selected by the minority
			 leader of the Senate, after consultation with members of such
			 committees.
					(b)Voting;
			 chairperson
				(1)VotingThe
			 Policy Committee shall act by the vote of a majority of the members present. A
			 quorum of Committee members shall not be required to conduct Committee
			 business.
				(2)ChairpersonThe
			 Under Secretary of State for Public Diplomacy and Public Affairs shall serve as
			 the chairperson of the Policy Committee. The chairperson may vote only to break
			 a tie vote of the other members of the Policy Committee.
				(c)Duties of the
			 policy committeeThe Policy Committee shall initially meet at the
			 call of the Co-chairs, not later than 30 days after the last member is selected
			 under subsection (a). Subsequent meetings of the Policy Committee shall be held
			 at the call of the chairperson. Through meetings, hearings, and working
			 sessions, the Policy Committee shall—
				(1)make
			 recommendations to the Co-chairs to facilitate the timely convening of the
			 Conference;
				(2)submit to the
			 Co-chairs a proposed agenda for the Conference not later than 90 days after the
			 first meeting of the Policy Committee;
				(3)make
			 recommendations for the delegates of the Conference;
				(4)establish the
			 number of delegates to be selected under section 5; and
				(5)establish an
			 executive committee consisting of 3 members of the Policy Committee to work
			 with delegates of the Conference.
				5.Conference
			 delegatesTo carry out the
			 purposes of the Conference, the Co-chairs shall bring together delegates
			 representative of the spectrum of thought in the fields of development and
			 humanitarian assistance, infrastructure development, trade, democratic
			 strengthening, and Haitian culture and history, without regard to political
			 affiliation or past partisan activity, who shall include—
			(1)representatives of
			 the United States and international governments;
			(2)members of the
			 Haitian Diaspora;
			(3)representatives of
			 international nongovernmental organizations; and
			(4)individuals from
			 private sector entities.
			6.Conference
			 administration
			(a)AdministrationIn
			 administering this section, the Co-chairs shall—
				(1)provide written
			 notice to all members of the Policy Committee of each meeting, hearing, or
			 working session of such Committee not later than 48 hours before the occurrence
			 of such meeting, hearing, or working session;
				(2)request the
			 cooperation and assistance of the heads of such other Federal departments and
			 agencies as may be appropriate, including the detailing of personnel;
				(3)make available for
			 public comment a proposed agenda prepared by the Policy Committee, which will
			 reflect to the greatest extent possible the major issues facing assistance to
			 Haiti with the purposes of the Conference set forth in section 3(c);
				(4)prepare and make
			 available background materials that the Co-chairs deem necessary for the use of
			 delegates to the Conference; and
				(5)employ such
			 additional personnel as may be necessary to carry out the provisions of this
			 Act without regard to provisions of title 5, United States Code, governing
			 appointments in the competitive service, and without regard to chapter 51 and
			 subchapter III of chapter 53 of such title relating to classification and
			 General Schedule pay rates.
				(b)DutiesIn
			 carrying out the Co-chairs’s responsibilities and functions under this section,
			 the Co-chairs shall ensure that—
				(1)the proposed
			 agenda prepared under subsection (a)(3) is published in the Federal Register
			 not later than 30 days after such agenda is approved by the Policy
			 Committee;
				(2)the personnel
			 employed under subsection (a)(5) are fairly balanced in terms of points of
			 views represented and are appointed without regard to political affiliation or
			 previous partisan activities;
				(3)the
			 recommendations of the Conference are not inappropriately influenced by any
			 public official or by any special interest, but instead are the result of the
			 independent and collective judgment of the delegates of the Conference;
			 and
				(4)before the
			 Conference is convened—
					(A)current and
			 adequate statistical data and other information on health and social outcomes
			 in Haiti, and
					(B)such information
			 as may be necessary to evaluate programs and policies relating to Haiti,
					which the
			 Co-chairs may obtain by making grants to or entering into an agreement with,
			 public agencies or nonprofit organizations, are readily available in advance of
			 the Conference to the delegates.(c)GiftsThe
			 Co-chairs may accept, on behalf of the United States, gifts (in cash or in
			 kind, including voluntary and uncompensated services), which shall be available
			 to carry out this Act. Gifts of cash shall be available in addition to amounts
			 appropriated to carry out this Act. Gifts may be earmarked by the donor or the
			 executive committee for a specific purpose.
			(d)RecordsThe
			 Co-chairs shall maintain records regarding—
				(1)the sources,
			 amounts, and uses of gifts accepted under subsection (c); and
				(2)the identity of
			 each person receiving assistance to carry out this Act, and the amount of such
			 assistance received by each such person.
				7.Report of the
			 conference
			(a)Preliminary
			 reportNot later than 100 days after the Conference adjourns, the
			 Policy Committee shall prepare a preliminary report on the Conference which
			 shall be published in the Federal Register and submitted to Members of Congress
			 and relevant administration officials. The Policy Committee shall request that
			 Members of Congress and administration officials submit to the Policy
			 Committee, not later than 45 days after receiving such report, their views and
			 findings on such report.
			(b)Final
			 reportNot later than 6 months after the date on which the
			 Conference adjourns, the Policy Committee shall—
				(1)prepare a final
			 report of the Conference which shall include a compilation of the views and
			 findings of the Members of Congress and administration officials received under
			 subsection (a); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, the
			 recommendations for the administrative action and the legislation necessary to
			 implement the recommendations contained in such report.
				8.Status
			 reports
			(a)Initial status
			 reportNot later than 1 year after the date on which the
			 Conference adjourns, the Under Secretary of State for Public Diplomacy and
			 Public Affairs shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in the
			 final report described in section 7(b)(1); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				(b)Subsequent
			 status reportsNot later than 5 years after the date on which the
			 Conference adjourns, and every 5 years thereafter until all recommendations in
			 the final report described in section 7(b)(1) are achieved, the Comptroller
			 General shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in such
			 final report; and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				9.Committee
			 hearings
			(a)Hearings on
			 reportsThe Committee on Foreign Affairs of the House of
			 Representatives and the Committee on Foreign Relations of the Senate shall each
			 hold hearings on the recommendations and status reports received by Congress
			 under sections 7(b)(2), 8(a)(2), and 8(b)(2).
			(b)HearingsThe
			 Committee on Foreign Affairs of the House of Representatives and the Committee
			 on Foreign Relations of the Senate shall each hold annual hearings on recovery
			 and long-term development of Haiti.
			(c)Exercise of
			 rulemaking authoritySubsections (a) and (b) are enacted—
				(1)as an exercise of
			 the rulemaking power of the House of Representatives and Senate, and, as such,
			 they shall be considered as part of the rules of the House or Senate (as the
			 case may be), and such rules shall supersede any other rule of the House or
			 Senate only to the extent that rule is inconsistent therewith; and
				(2)with full
			 recognition of the constitutional right of either House to change such rules
			 (so far as relating to the procedure in such House) at any time, in the same
			 manner, and to the same extent as in the case of any other rule of the House or
			 Senate.
				10.Authorization of
			 appropriations
			(a)Authorization
				(1)In
			 generalThere are authorized to be appropriated to carry out this
			 Act—
					(A)such sums as may
			 be necessary for the first fiscal year in which the Policy Committee plans the
			 Conference and for the following fiscal year; and
					(B)such sums as may
			 be necessary for the fiscal year in which the Conference is held.
					(2)LimitationAny
			 new spending authority or new authority to enter into contracts under this Act,
			 and under which the United States is obligated to make outlays, shall be
			 effective only to the extent, and in such amounts, as are provided in advance
			 in appropriations Acts.
				(b)Availability of
			 funds
				(1)In
			 generalExcept as provided in paragraph (3), funds appropriated
			 to carry out this Act and funds received as gifts under section 6(c) shall
			 remain available for obligation or expenditure until the expiration of the
			 1-year period beginning on the date the Conference adjourns.
				(2)Unobligated
			 fundsExcept as provided in paragraph (3), any such funds neither
			 obligated nor expended before the expiration of the 1-year period beginning on
			 the date the Conference adjourns shall be returned to the United States
			 Treasury.
				(3)Conference not
			 convenedIf the Conference is not convened before December 31,
			 2012, a trust fund shall be established and such funds shall be deposited in
			 the trust fund and shall only be available for a future Conference on
			 Haiti.


114 S1347 ES: Electronic Health Fairness Act of 2015
U.S. Senate

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.

114th CONGRESS1st SessionS. 1347IN THE SENATE OF THE UNITED STATESAN ACTTo amend title XVIII of the Social Security Act with respect to the treatment of patient encounters
			 in ambulatory surgical centers in determining meaningful EHR use, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Electronic Health Fairness Act of 2015. 2.FindingsCongress finds the following:
 (1)Ambulatory surgery centers were not covered under the provisions of the HITECH Act of 2009, which created certification standards and incentives for adopting electronic health record (EHR) technology in the physician office and hospital settings.
 (2)The Centers for Medicare & Medicaid Services (CMS) defines a meaningful EHR user as an eligible professional having 50 percent or more of the professional’s outpatient encounters at practices or locations equipped with certified EHR technology.
 (3)Physicians with patient encounters in an ambulatory surgical center are at a disadvantage when attempting to meet meaningful use requirements because there currently is not certified EHR technology for such centers.
 (4)Until such time as EHR technology is certified specifically for use in the ambulatory surgical centers, patient encounters that occur in such a center should not be used when calculating whether an eligible professional meets meaningful use requirements, unless an eligible professional elects to include those encounters.
 3.Treatment of patient encounters in ambulatory surgical centers in determining meaningful EHR useSection 1848(o)(2) of the Social Security Act (42 U.S.C. 1395w–4(o)(2)) is amended by adding at the end of the following new subparagraph:

				(E)Treatment of patient encounters at ambulatory surgical centers
 (i)In generalSubject to clause (ii), for a payment year after 2015, any patient encounter of an eligible professional occurring at an ambulatory surgical center (described in section 1833(i)(1)(A)) shall not be treated as a patient encounter in determining whether an eligible professional qualifies as a meaningful EHR user. Notwithstanding any other provision of law, the Secretary may implement this clause by program instruction or otherwise.
 (ii)SunsetClause (i) shall no longer apply as of the first payment year that begins more than 3 years after the date the Secretary determines, through notice and comment rulemaking, that certified EHR technology is applicable to the ambulatory surgical center setting..Passed the Senate August 5, 2015.Secretary


		II

		109th CONGRESS

		1st Session

		S. 1276

		IN THE SENATE OF THE UNITED

		  STATES

			June 21, 2005

			Mr. Cornyn introduced

			 the following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To amend section 1111 of the Elementary and

		  Secondary Education Act of 1965 regarding challenging academic content

		  standards for physical education.

		1.FindingsCongress makes the following

			 findings:

			(1)Obesity-related diseases cost the United

			 States economy more than $100,000,000,000 every year.

			(2)Almost half of young people aged 12 through

			 21, and more than a third of high school students, do not participate in

			 vigorous physical activity on a regular basis.

			2.Physical

			 educationSection 1111(b) of

			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is

			 amended—

			(1)in paragraph (1)(C)—

				(A)by striking arts, and and

			 inserting arts,; and

				(B)by striking science, and

			 inserting science and (beginning in the 2006–2007 school year) physical

			 education,; and

				(2)in paragraph (3)—

				(A)in subparagraph (A)—

					(i)by striking and science and

			 inserting science, and physical education; and

					(ii)by inserting before the period and

			 no State shall be required to meet the requirements of this part relating to

			 physical education assessments until the beginning of the 2008–2009 school

			 year; and

					(B)in subparagraph (C)(v)—

					(i)in subclause (II)(cc), by inserting

			 and after the semicolon; and

					(ii)by adding at the end the following:

							(III)beginning not later than school year

				2008–2009, measure the proficiency of all students in physical education and be

				administered not less than 1 time during—

								(aa)grades 3 through 5;

								(bb)grades 6 through 9; and

								(cc)grades 10 through

				12;

								.


114 S714 IS: Frontline Mental Health Provider Training Act
U.S. Senate
2015-03-11
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.

		II
		114th CONGRESS1st Session
		S. 714
		IN THE SENATE OF THE UNITED STATES

			March 11, 2015
			Mr. Donnelly (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

		A BILL
		To require the Secretary of Defense and the Secretary of Veterans Affairs to jointly conduct a
			 pilot program to assess the feasibility and advisability of expanding the
			 use by the Department of Defense and the Department of Veterans Affairs of
			 physician assistants specializing in psychiatric medicine, and for other
			 purposes.

		1.Short title
 This Act may be cited as the Frontline Mental Health Provider Training Act.
		2.Pilot program on expansion of use of physician assistants to provide mental health care to members
			 of the Armed Forces and veterans
 (a)Pilot programNot later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs (in this section referred to as the Secretaries) shall jointly commence the conduct of a pilot program to assess the feasibility and advisability of expanding the use by the Department of Defense and the Department of Veterans Affairs of physician assistants specializing in psychiatric medicine at medical facilities of the Department of Defense and the Department of Veterans Affairs in order to meet the increasing demand for mental health care providers at such facilities through the use of an 18-month psychiatry fellowship program for physician assistants.
			(b)Locations
 (1)Department of DefenseThe Secretary of Defense shall carry out the pilot program at not less than three military medical treatment facilities, of which—
 (A)not less than one shall be a military medical treatment facility under the jurisdiction of the Secretary of the Army;
 (B)not less than one shall be a military medical treatment facility under the jurisdiction of the Secretary of the Navy; and
 (C)not less than one shall be a military medical treatment facility under the jurisdiction of the Secretary of the Air Force.
 (2)Department of Veterans AffairsThe Secretary of Veterans Affairs shall carry out the pilot program at not less than three medical centers of the Department of Veterans Affairs.
				(c)Eligible individuals
 (1)In generalExcept as provided in paragraph (2), an individual eligible for participation in the pilot program is an individual who—
 (A)has successfully graduated with a masters degree in physician assistant studies from an accredited physician assistant program;
 (B)is certified by the National Commission on Certification of Physician Assistants; (C)has a valid license, certification, and registration necessary to practice medicine; and
 (D)does not have any pending challenge, investigation, revocation, restriction, disciplinary action, suspension, reprimand, probation, denial, or withdrawal with respect to any license, certification, or registration described in subparagraph (C).
 (2)Department of DefenseWith respect to the conduct of the pilot program at a military medical treatment facility, an individual eligible for participation in the pilot program is an individual who—
 (A)qualifies as an eligible individual under paragraph (1); (B)is a commissioned officer in the Armed Forces; and
 (C)meets the requirements necessary to be deployed as such an officer throughout the world. (d)Selection of individuals (1)In generalEach of the Secretaries shall select not less than 12 individuals described in subsection (c) to participate in the pilot program for each 18-month psychiatry fellowship program carried out under subsection (e).
 (2)DistributionEach of the Secretaries shall equally distribute the individuals selected under paragraph (1) among the locations at which the pilot program is to be carried out by such Secretary.
				(e)Psychiatry fellowship program
 (1)In generalIn carrying out the pilot program, the Secretaries shall establish an 18-month psychiatry fellowship program for physician assistants that meets the training model for acuity, mixture, and volume established for psychiatric residency programs.
 (2)Training and educationThe psychiatric fellowship program established under paragraph (1) shall provide to eligible individuals who are selected for the program the following:
 (A)Training that is equivalent to training received during a psychiatric residency with respect to guidelines, objectives, and milestones.
 (B)Education leading to a clinical doctorate of science in psychiatry that addresses the following: (i)Inpatient care.
 (ii)Outpatient care. (iii)Emergency psychiatry.
 (iv)Neurology, including child, adolescent, and geriatric neurology. (v)Pain management.
 (vi)Addictive psychiatry. (vii)Psycho-pharmacology.
 (viii)Traumatic brain injury. (ix)Clinical practice guidelines.
 (C)Education that addresses the particular needs of rural and other underserved populations of members of the Armed Forces and veterans to ensure a particular approach to psychiatry that benefits those individuals.
 (3)Use of other programsIn carrying out the psychiatric fellowship program under paragraph (1), the Secretaries shall use resources available to the Secretaries under existing graduate medical education programs of the Department of Defense and the Department of Veterans Affairs to the greatest extent possible.
				(f)Reports on pilot program
				(1)Initial report
 (A)In generalNot later than two years after the date on which the pilot program commences under subsection (a), the Secretaries shall jointly submit to the appropriate committees of Congress a report on the pilot program.
 (B)ElementsThe report required by subparagraph (A) shall include the following: (i)A description of the implementation of the pilot program at each location of the pilot program, including a detailed description of the education and training provided under the pilot program at such location.
 (ii)A description and explanation of differences, if any, in the implementation and performance of the pilot program among the locations of the pilot program.
 (iii)An assessment of the satisfaction of members of the Armed Forces and veterans with mental health care provided under the pilot program, including an assessment of the outcomes of such care.
 (iv)An assessment of cost savings, if any, to the Federal Government resulting from the pilot program. (v)A description of improvements, if any, to the access of members of the Armed Forces and veterans to mental health care resulting from the pilot program.
 (vi)A description of recommendations, if any, of the Secretaries of alternative methods to improve the access of members of the Armed Forces and veterans to mental health care other than through the pilot program.
 (vii)A recommendation as to the feasibility and advisability of extending or expanding the pilot program.
 (2)Final reportNot later than 90 days before the date on which the pilot program terminates under subsection (g), the Secretaries shall jointly submit to the appropriate committees of Congress an update to the report submitted under paragraph (1).
 (3)Appropriate committees of congress definedIn this subsection, the term appropriate committees of Congress means— (A)the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and
 (B)the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.
 (g)TerminationThe authority of the Secretaries to carry out the pilot program shall terminate upon the completion of two 18-month psychiatry fellowship programs conducted under subsection (e).


		II

		109th CONGRESS

		2d Session

		S. 2497

		IN THE SENATE OF THE UNITED STATES

			April 3, 2006

			Mr. Kohl (for himself,

			 Mr. Kennedy, and

			 Mr. Durbin) introduced the following

			 bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		To authorize the Attorney General to award grants to

		  State courts to develop and implement State courts interpreter

		  programs.

		1.Short titleThis Act may be cited as the

			 State Court Interpreter Grant Program

			 Act.

		2.FindingsCongress finds that—

			(1)the fair

			 administration of justice depends on the ability of all participants in a

			 courtroom proceeding to understand that proceeding, regardless of their English

			 proficiency;

			(2)19 percent of the

			 population of the United States over 5 years of age speaks a language other

			 than English at home;

			(3)only qualified

			 court interpreters can ensure that persons with limited English proficiency

			 comprehend judicial proceedings in which they are a party;

			(4)the knowledge and

			 skills required of a qualified court interpreter differ substantially from

			 those required in other interpretation settings, such as social service,

			 medical, diplomatic, and conference interpreting;

			(5)the Federal

			 Government has demonstrated its commitment to equal administration of justice

			 regardless of English proficiency;

			(6)regulations

			 implementing title VI of the Civil Rights Act of 1964, as well as the guidance

			 issued by the Department of Justice pursuant to Executive Order 13166, issued

			 August 11, 2000, clarify that all recipients of Federal financial assistance,

			 including State courts, are required to take reasonable steps to provide

			 meaningful access to their proceedings for persons with limited English

			 proficiency;

			(7)34 States have

			 developed, or are developing, court interpreting programs;

			(8)robust, effective

			 court interpreter programs—

				(A)actively recruit

			 skilled individuals to be court interpreters;

				(B)train those

			 individuals in the interpretation of court proceedings;

				(C)develop and use a

			 thorough, systematic certification process for court interpreters; and

				(D)have sufficient

			 funding to ensure that a qualified interpreter will be available to the court

			 whenever necessary; and

				(9)Federal funding

			 is necessary to—

				(A)encourage State

			 courts that do not have court interpreter programs to develop them;

				(B)assist State

			 courts with nascent court interpreter programs to implement them;

				(C)assist State

			 courts with limited court interpreter programs to enhance them; and

				(D)assist State

			 courts with robust court interpreter programs to make further improvements and

			 share successful programs with other States.

				3.State court

			 interpreter program

			(a)Grants

			 authorized

				(1)In

			 generalThe Administrator of the Office of Justice Programs of

			 the Department of Justice (referred to in this section as the

			 Administrator) shall make grants, in accordance with such

			 regulations as the Attorney General may prescribe, to State courts to develop

			 and implement programs to assist individuals with limited English proficiency

			 to access and understand State court proceedings in which they are a

			 party.

				(2)Technical

			 assistanceThe Administrator shall allocate, for each fiscal

			 year, $500,000 of the amount appropriated pursuant to section 4 to be used to

			 establish a court interpreter technical assistance program to assist State

			 courts receiving grants under this Act.

				(b)Use of

			 grantsGrants awarded under subsection (a) may be used by State

			 courts to—

				(1)assess regional

			 language demands;

				(2)develop a court

			 interpreter program for the State courts;

				(3)develop,

			 institute, and administer language certification examinations;

				(4)recruit, train,

			 and certify qualified court interpreters;

				(5)pay for salaries,

			 transportation, and technology necessary to implement the court interpreter

			 program developed under paragraph (2); and

				(6)engage in other

			 related activities, as prescribed by the Attorney General.

				(c)Application

				(1)In

			 generalThe highest State court of each State desiring a grant

			 under this section shall submit an application to the Administrator at such

			 time, in such manner, and accompanied by such information as the Administrator

			 may reasonably require.

				(2)State

			 courtsThe highest State court of each State submitting an

			 application under paragraph (1) shall include in the application—

					(A)an identification

			 of each State court in that State which would receive funds from the

			 grant;

					(B)the amount of

			 funds each State court identified under subparagraph (A) would receive from the

			 grant; and

					(C)the procedures

			 the highest State court would use to directly distribute grant funds to State

			 courts identified under subparagraph (A).

					(d)State court

			 allotments

				(1)Base

			 allotmentFrom amounts appropriated for each fiscal year pursuant

			 to section 4, the Administrator shall allocate $100,000 to each of the highest

			 State court of each State, which has an application approved under subsection

			 (c).

				(2)Discretionary

			 allotmentFrom amounts appropriated for each fiscal year pursuant

			 to section 4, the Administrator shall allocate a total of $5,000,000 to the

			 highest State court of States that have extraordinary needs that must be

			 addressed in order to develop, implement, or expand a State court interpreter

			 program.

				(3)Additional

			 allotmentIn addition to the allocations made under paragraphs

			 (1) and (2), the Administrator shall allocate to each of the highest State

			 court of each State, which has an application approved under subsection (c), an

			 amount equal to the product reached by multiplying—

					(A)the unallocated

			 balance of the amount appropriated for each fiscal year pursuant to section 4;

			 and

					(B)the ratio between

			 the number of people over 5 years of age who speak a language other than

			 English at home in the State and the number of people over 5 years of age who

			 speak a language other than English at home in all the States that receive an

			 allocation under paragraph (1), as those numbers are determined by the Bureau

			 of the Census.

					4.Authorization of

			 appropriationsThere are

			 authorized to be appropriated $15,000,000 for each of the fiscal years 2007

			 through 2010 to carry out this Act.


116 S1559 IS: Fly Smart Act
U.S. Senate
2019-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1559IN THE SENATE OF THE UNITED STATESMay 21, 2019Mr. Merkley (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo provide standards relating to airline travel by Federal employees for official business.1.Short titleThis Act may be cited as the Fly Smart Act.2.Airline accommodations for official Government travel(a)In general(1)Coach-class requirementExcept as provided in subsection (b), for official travel, both domestic and international, a covered employee, including the head of an agency, shall use coach-class accommodations.(2)Ban on military aircraft for domestic travelA covered employee, including the head of an agency, may not travel on a military aircraft for domestic official travel unless—(A)the destination of the covered employee is a military installation; or(B)the covered employee is serving in, or applying to, as applicable, a position in the Department of Defense.(b)Exceptions(1)First-class and business classSubject to the other provisions of this subsection, the head of the agency employing a covered employee (or to which a covered employee is applying, as applicable), or in the case of the head of an agency, the White House Chief of Staff, may sign a waiver authorizing the covered employee or the agency head, as applicable, to use—(A)first-class accommodations for official travel if—(i)no coach-class accommodations are available on any flight that is scheduled to—(I)leave not more than 24 hours before the proposed departure time of the covered employee or the agency head; or(II)arrive not more than 24 hours after the proposed arrival time of the covered employee or the agency head;(ii)the use of first-class accommodations is necessary to accommodate a disability or a special need that has been certified under paragraph (4); or(iii)the use of first-class accommodations is necessary because of exceptional security circumstances, which—(I)shall be established by the individual signing the waiver;(II)shall be found only when required to meet the mission of the agency in which the covered employee or the agency head is employed, or to which the covered employee is applying, as applicable; and(III)include a situation in which—(aa)the use of accommodations other than first-class accommodations would endanger—(AA)the life of the covered employee or the agency head; or(BB)Government property;(bb)the covered employee is—(AA)an agent on protective detail; and(BB)accompanying an individual who is authorized to use first-class accommodations; or(cc)the covered employee is a courier or control officer accompanying controlled pouches or packages; and(B)business-class accommodations for official travel if—(i)the use of business-class accommodations is necessary because of a situation described in clause (ii) or (iii) of subparagraph (A);(ii)coach-class accommodations on an authorized or approved foreign airline do not provide adequate sanitation or health standards;(iii)(I)regularly scheduled flights between origin and destination points, including connecting points, provide only other than coach-class accommodations; and(II)the covered employee or the agency head certifies, on the voucher of the covered employee or the agency head, that the situation described in subclause (I) applies;(iv)the transportation costs of the covered employee or the agency head are paid in full through the acceptance by the agency in which the covered employee or the agency head is employed, or to which the covered employee is applying, as applicable, of payment from a non-Federal source in accordance with chapter 300 of title 41, Code of Federal Regulations, or any successor regulation;(v)subject to paragraph (5), with respect to a situation in which the origin or the destination of the travel is outside the continental United States—(I)the scheduled flight time is more than 14 hours; and(II)the covered employee or the agency head is required to report to duty not later than the day after the date on which the travel of the covered employee or the agency head begins;(vi)the use of the accommodations results in overall cost savings to the Federal Government by avoiding additional subsistence costs, overtime, or lost productive time while the covered employee or the agency head waits for coach-class accommodations to become available;(vii)no space is available in coach-class accommodations in time to accomplish the mission of the agency in which the covered employee or the agency head is employed, or to which the covered employee is applying, as applicable, which is urgent and cannot be postponed; or(viii)when required because of the mission of the agency in which the covered employee or the agency head is employed, or to which the covered employee is applying, as applicable, consistent with the internal procedures of that agency.(2)Disclosure of costNot later than 90 days after the date on which official travel for which the head of an agency or the White House Chief of Staff has signed a waiver under paragraph (1) ends, the head of the agency or the White House Chief of Staff, as applicable, shall disclose on a public website—(A)the signed waiver;(B)the exception under that paragraph on which the head of the agency or the White House Chief of Staff relied when authorizing the travel; and(C)the cost of any flight in other than coach-class accommodations with respect to the waiver.(3)No blanket approvalThe head of the agency employing a covered employee (or to which a covered employee is applying, as applicable), or in the case of the head of an agency, the White House Chief of Staff, may authorize a covered employee or an agency head, as applicable, to use accommodations other than coach-class accommodations for official travel only on a case-by-case basis, unless the covered employee or the agency head has a disability or a special need that has been certified under paragraph (4).(4)Certification of disability or special need(A)Disability(i)In generalA disability described in paragraph (1)(A)(ii) shall be certified annually, unless the disability is a lifelong condition, in which case the disability shall be certified once.(ii)ContentsA certification required under clause (i) shall include, at a minimum—(I)a written statement by a competent medical authority stating that a special accommodation for the covered employee is necessary;(II)an approximate duration of the special accommodation described in subclause (I); and(III)a recommendation regarding the suitable class of transportation for the covered employee based on the disability.(B)Special needThe special need of a covered employee, including the head of an agency, described in paragraph (1)(A)(ii) shall be certified annually (unless the special need is a lifelong condition, in which case the special need shall be certified once) in accordance with the procedures of the agency in which the covered employee is employed, or to which the covered employee is applying, as applicable.(5)Application of 14-hour ruleA covered employee, including the head of an agency, who travels using business-class accommodations under paragraph (1)(B)(v) shall not be eligible for a rest stop on the way to, or upon arrival at, the duty site of the covered employee.(6)Inclusion of attendantIf a covered employee, including the head of an agency, the travel of whom in accommodations other than coach-class accommodations is authorized because of a disability or special need that is certified under paragraph (4), is authorized to have an attendant accompany that covered employee, the head of the agency employing the covered employee (or to which a covered employee is applying, as applicable), or in the case of the head of an agency, the White House Chief of Staff, may also authorize the attendant to use other than coach-class accommodations during that travel.(7)Limit on delegationThe head of an agency and the White House Chief of Staff may not delegate the duties and authorities under this subsection, except for the duties and authorities under paragraph (2).(c)Rules of construction(1)UpgradesNothing in this section may be construed to prevent a covered employee from upgrading to first-class accommodations or business-class accommodations for official travel at the personal expense of the covered employee, including through the redemption by the covered employee of frequent flyer benefits.(2)Two cabins available(A)Different seat typesIf an airline flight has 2 classes of accommodations available with 2 distinctly different seating types (including a situation in which the girth and pitch of the seats between the 2 cabins are different), the airline terms the front cabin as business-class accommodations or higher, and the tickets for the flight are fare-coded as business-class accommodations, the front cabin shall be construed to be other than coach-class accommodations for the purposes of this section.(B)Identical seat typesIf an airline flight has 2 cabins available with 1 type of seating available for the entire aircraft (such that the girth and pitch of the seats are identical in both cabins), the seats in the front cabin are fare-coded as full-fare economy class, and only restricted economy fares are available in the rear cabin, the entire aircraft shall be construed to be coach-class accommodations for the purposes of this section.3.DefinitionsIn this Act—(1)the term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code;(2)the term business-class accommodations means a premium class of accommodation offered by an airline that—(A)is more expensive, and offers more amenities, than coach-class accommodations;(B)is less expensive, and offers fewer amenities, than first-class accommodations; and(C)is occasionally described by the airline using terms including business, business elite, business first, world business, connoisseur, and envoy;(3)the term coach-class accommodations—(A)means the basic class of accommodation offered to a traveler on an airline and which is normally the lowest fare offered by the airline, without regard to the terminology used to describe the accommodations; and(B)is occasionally described by an airline using terms including—(i)tourist class or economy-class; and(ii)single class if the airline offers 1 class of accommodations to all travelers;(4)the term covered employee means—(A)an employee traveling on official business;(B)an individual who is—(i)interviewing for a position as an employee; and(ii)performing pre-employment interview travel;(C)an employee who is required to interrupt the official business travel of the employee to perform emergency travel as a result of—(i)an incapacitating illness or injury; or(ii)a personal emergency situation; or(D)an employee who—(i)is employed in a law enforcement or investigative capacity; and(ii)along with the family members of the employee, is required to relocate temporarily to safeguard the life of the employee, and any family members of the employee, as applicable, because of a threat resulting from the assigned duties of the employee;(5)the term employee means an individual employed in or under an agency, including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;(6)the term first-class accommodations means the highest class of accommodation offered by an airline with respect to cost and amenities;(7)the term other than coach-class accommodations—(A)means any class of accommodation above coach-class accommodations; and(B)includes first-class accommodations and business-class accommodations; and(8)the term scheduled flight time—(A)with respect to air travel, means the flight time between the originating departure point of the travel and the ultimate arrival point of the travel;(B)includes scheduled non-overnight time spent at an airport during a change of planes; and(C)does not include time spent at the originating or ultimate arrival airport.