110 HR 3429 IH: Hire a Hero

U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3429
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Patrick J. Murphy of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To authorize a competitive grant program to assist
		  members of the National Guard and Reserve and former and current members of the
		  Armed Forces in securing employment in the private sector, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Hire a Hero
			 Act.
		2.Competitive award of
			 grants to nonprofit organizations for assistance of members and former members
			 of the Armed Forces in securing private sector employment
			(a)FindingsCongress
			 finds that—
				(1)the unemployment
			 rate of former members of the Armed Forces who served in Iraq or Afghanistan
			 exceeds the national average unemployment rate; and
				(2)career training
			 and employment services dedicated to providing former members of the Armed
			 Forces with professional skills and technical competency in various trades have
			 shown remarkable levels of success and are helping to ameliorate the high
			 unemployment rate among former members of the Armed Forces.
				(b)Sense of
			 CongressIt is the sense of Congress that the Federal Government
			 should support private sector employment initiatives for military personnel in
			 order to help ensure that those who serve or have served in the Armed Forces
			 have access to gainful employment.
			(c)Award of
			 grants
				(1)In
			 generalThe Chief of the National Guard Bureau may, utilizing
			 amounts authorized to be appropriated by subsection (h), award grants to
			 nonprofit organizations to assist individuals described in paragraph (2) in
			 securing employment in the private sector. The nonprofit organizations to be
			 awarded grants shall be determined on a competitive basis.
				(2)Covered
			 individualsAn individual described in this paragraph is any
			 individual as follows:
					(A)A member of the
			 National Guard or Reserve.
					(B)A member of the
			 Armed Forces who is nearing separation, discharge, or release from the Armed
			 Forces.
					(C)A former member of
			 the Armed Forces.
					(3)Grant
			 termA grant under paragraph (1) may be for a term of one or more
			 years, as determined by the Chief of the National Guard Bureau.
				(4)Expenditure of
			 fundsThe Chief of the National Guard Bureau may specify in any
			 grant under paragraph (1) dates by which specific percentages of funds under
			 the grant shall be expended.
				(5)Employment in
			 particular areas of economyIt is the sense of Congress that the
			 Chief of the National Guard Bureau should, in awarding grants under this
			 section, consider nonprofit organizations that partner with entities and
			 associations in the private sector involved in construction, energy,
			 transportation, aerospace, domestic security, and other areas of the economy in
			 which the employment of individuals having past military service would be of
			 particular utility.
				(d)Utilization of
			 grant amounts
				(1)In
			 generalA nonprofit organization awarded a grant under subsection
			 (c) may utilize the grant for operating expenses, job training, public
			 information activities, and such other activities as the Chief of the National
			 Guard Bureau determines appropriate.
				(2)Exception for
			 salariesThe Chief of the National Guard Bureau shall determine
			 the percentage of amounts received by a nonprofit organization pursuant to a
			 grant awarded under subsection (c) that may be used to provide salaries to
			 employees of the organization. Any such determination shall be made on a
			 case-by-case basis.
				(e)Fiscal control,
			 accountability, and program performanceThe Chief of the National
			 Guard Bureau shall establish fiscal control, accountability, and program
			 performance measures for nonprofit organizations awarded grants under
			 subsection (c) in the administration of such grants.
			(f)Reports
				(1)Progress
			 reportNot later than 180 days after the date of the enactment of
			 this Act, the Chief of the National Guard Bureau shall submit to the
			 congressional defense committees a report setting forth the following:
					(A)An assessment of
			 the progress made toward implementing the requirements of this section.
					(B)A description of
			 any grants awarded under subsection (c).
					(2)Annual
			 reportNot later than 180 days after the date of the enactment of
			 this Act, and annually thereafter, the Chief of the National Guard Bureau shall
			 submit to the congressional defense committees a report containing a
			 description of each grant awarded under subsection (c) during the preceding
			 fiscal year.
				(g)Congressional
			 defense committees definedThe term congressional defense
			 committees has the meaning given that term in section 101(a)(16) of
			 title 10, United States Code.
			(h)FundingThere
			 is authorized to be appropriated for each of fiscal years 2008 through 2012 for
			 the Department of Defense for operation and maintenance for the Army National
			 Guard, $25,000,000 to carry out this section.


 HR 1132 ENR: To designate the facility of the United States Postal Service located at 1048 West Robinhood Drive in Stockton, California, as the “W. Ronald Coale Memorial Post Office Building”.
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 1132

AN ACT
To designate the facility of the United States Postal Service located at 1048 West Robinhood Drive in Stockton, California, as the W. Ronald Coale Memorial Post Office Building.

1.W. Ronald Coale Memorial Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 1048 West Robinhood Drive in Stockton, California, shall be known and designated as the W. Ronald Coale Memorial Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the W. Ronald Coale Memorial Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 4997 IH: United States Leadership to Eradicate Obstetric Fistula Act of 2014
U.S. House of Representatives
2014-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4997
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2014
			Ms. DeLauro (for herself, Ms. McCollum, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Foreign Affairs

		A BILL
		To provide assistance to sub-Saharan Africa to combat obstetric fistula.

		1.Short title and table of contents
			(a)Short titleThis Act may be cited as the United States Leadership to Eradicate Obstetric Fistula Act of 2014.
			(b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					Sec. 4. Comprehensive, integrated, 10-year strategy to combat obstetric fistula in sub-Saharan
			 Africa.
					Sec. 5. Prevention, treatment, and monitoring of obstetric fistula in sub-Saharan African
			 countries.
					Sec. 6. United States Advisory Committee for the Eradication of Obstetric Fistula.
					Sec. 7. Report.
					Sec. 8. Authorization of appropriations.
			2.FindingsCongress makes the following findings:
			(1)Obstetric fistula is a catastrophic childbirth injury which arises as a complication of obstructed
			 labor.
			(2)An estimated 2 to 3 million women currently are afflicted by the devastating physical and social
			 effects of obstetric fistula—a scourge of epidemic proportions. As many as
			 130,000 new cases occur each year.
			(3)Historically, obstetric fistula affected women in the United States and around the world. Advances
			 in obstetric care and access to improved surgical techniques resulted in a
			 drastic reduction in obstetric fistula by the early 20th century in the
			 United States.
			(4)Today, obstetric fistula primarily affects the poorest women in the poorest parts of the world. It
			 disproportionately affects women in sub-Saharan Africa and girls—some as
			 young as 13 years old—who are subjected to child marriage and whose bodies
			 are not fully capable of handling the demands of childbirth. Many of these
			 young girls and women have been subjected to female genital mutilation,
			 which can increase the risk for and be a direct cause of obstetric
			 fistula.
			(5)Obstetric fistula, which usually results in fetal death by asphyxia, occurs when the tissues that
			 normally separate a woman’s vagina from her bladder or rectum are
			 destroyed by prolonged pressure from the fetal head trapped in the birth
			 canal.
			(6)Obstetric fistula typically occurs because a woman does not have access to emergency obstetric care
			 or because she does not have the financial means, transportation, or
			 access to surgical repair.
			(7)Left untreated, an obstetric fistula afflicts a woman with devastating physical conditions:
			 incontinence, painful ulcers, and constant and uncontrollable emission of
			 offensive odors. These symptoms leave a woman indelibly and perpetually
			 stigmatized by her condition.
			(8)Because obstetric fistula does not heal on its own, women affected by this condition are
			 marginalized for the remainder of their lives. Expelled from their
			 communities and denied education and health care, obstetric fistula
			 victims are left in desperate economic circumstances.
			(9)Victims also suffer social ostracism that results in involuntary divorce, exclusion from religious
			 activities, deepening poverty, malnutrition, deteriorating physical
			 health, depression, and despair. As a result, victims are left defenseless
			 and vulnerable.
			(10)This social isolation compounds already existing problems such as illiteracy and lack of economic
			 opportunities.
			(11)Because obstetric fistula are not themselves fatal, millions of women live with this horrific
			 condition and have been overlooked by the international medical community.
			 At present, humanitarian aid and nongovernmental programs treat fistula
			 cases on a small scale and are not equipped to systematically prevent,
			 treat, and eradicate obstetric fistula.
			(12)Obstetric fistula can be prevented when women and their families are educated about the birthing
			 process and are provided access to emergency obstetric care.
			(13)Today, doctors can surgically repair obstetric fistula with a low-cost, low-technology surgery.
			(14)The impact of an obstetric fistula-repair surgery is immediate and consequential. Women can be
			 re-integrated into society and are afforded basic human necessities such
			 as familial relationships, health care, and the opportunity to earn a
			 living.
			(15)The prevention, treatment, and ultimately the eradication of obstetric fistula will advance the
			 emancipation and empowerment of women, strengthen families and
			 communities, and improve the overall economic, educational, and social
			 well-being of affected societies.
			(16)Basic interventions to identify and repair obstetric fistula have achieved meaningful and
			 cost-effective results.
			(17)The best available data suggests that existing programs can only repair 10 percent of new obstetric
			 fistula cases each year, and less than 1 percent of existing obstetric
			 fistula cases are repaired each year.
			(18)The challenge is to expand existing pilot programs into a scalable, comprehensive, and sustainable
			 campaign to eradicate obstetric fistula.
			(19)Nongovernmental organizations with experience in obstetric care, surgery, and women’s rights have
			 proven effective in making progress towards eliminating the scourge of
			 obstetric fistula and can be a resource in assisting indigenous
			 organizations in severely afflicted countries in their efforts to treat
			 and care for women with obstetric fistula.
			(20)The nature of obstetric fistula—and the fact that it affects vulnerable women in poor and isolated
			 communities which offer little or no access to obstetric care—demands a
			 comprehensive, coordinated, long-term, international response focused on
			 the prevention and treatment of obstetric fistula, including—
				(A)safe-childbirth education and obstetric fistula prevention, care, and treatment; post-operative
			 care, including rehabilitation, social reintegration, and post-surgical
			 follow-up; basic and applied research and clinical work; and training of
			 health care workers and educators, particularly local, grassroots
			 educators and medical workers;
				(B)designation of a university-based medical center in the United States, designated as the
			 International Obstetric Fistula Institute for Sub-Saharan Africa
			 established under section 5(d), responsible for marshaling surgical and
			 other necessary health resources to effectuate the campaign against
			 obstetric fistula; for building prevention and treatment capacity in
			 sub-Saharan Africa, including coordinating partnerships with sub-Saharan
			 African institutions and governments; and for developing and managing
			 community education and mobilization programs at home and abroad;
				(C)development of health care infrastructure and delivery systems through Centers of Clinical
			 Excellence for Obstetric Fistula Care for Sub-Saharan Africa as well as
			 through cooperative and coordinated public efforts and public-private
			 partnerships;
				(D)strengthening universities, research centers, and training programs for health professionals
			 through institutional capacity-building partnerships;
				(E)development and implementation of a United States Obstetric Fistula Treatment and Prevention Corps
			 which recruits and trains doctors—especially obstetricians, gynecologists,
			 urologists, general surgeons, and anesthesiologists—nurses, and other
			 community-development and public-health personnel to serve regions
			 affected by obstetric fistula and which partners United States medical
			 professionals with sub-Saharan African professionals, promoting a joint
			 effort to eradicate this devastating condition;
				(F)coordination of efforts to make the treatment of obstetric fistula a higher priority in sub-Saharan
			 African hospitals, specifically aimed at ameliorating the paucity of
			 training related to obstetric fistula treatment; and
				(G)coordination of efforts between the medical community, nongovernmental organizations, national
			 governments, and private sector organizations, including faith-based
			 organizations.
				(21)The United States has the capacity to lead and enhance the effectiveness of the international
			 community’s response by—
				(A)providing substantial resources, medical expertise, and training, particularly of health care
			 personnel and community workers and leaders;
				(B)making United States surgeons and health care professionals available to serve, train, and build
			 workforce capacity in afflicted countries through a United States
			 Obstetric Fistula Treatment and Prevention Corps;
				(C)encouraging governments and faith-based and community organizations to adopt policies that treat
			 obstetric fistula and its causes as a multi-sector, public-health problem
			 that profoundly affects women’s health, women’s empowerment, education,
			 the economy, and promotion of strong and successful families;
				(D)encouraging education about healthy practices, including education about the health risks
			 associated with child marriage and female genital mutilation;
				(E)building successful communities by preventing obstetric fistula and the ensuing social stigma which
			 often separates an obstetric fistula victim from her family;
				(F)contributing to public health and health-care delivery system research to improve obstetric fistula
			 prevention, treatment, and reintegration;
				(G)encouraging active involvement and cooperation across sectors, including the medical and scientific
			 communities, charitable foundations, private and voluntary organizations
			 and nongovernmental organizations, faith-based organizations,
			 community-based organizations, and other not-for-profit entities; and
				(H)engaging in medical diplomacy, with a particular focus on the further empowerment and emancipation
			 of women.
				(22)Unaddressed obstetric emergencies and untreated obstetric fistula result in the needless,
			 systematic degradation and marginalization of women. It should be the
			 policy of the United States to help eradicate this preventable and curable
			 condition.
			(23)Strong coordination must exist among the implementing agencies of the United States to ensure
			 effective and efficient use of financial, medical, and technical resources
			 within the United States Government with respect to international
			 obstetric fistula eradication.
			(24)Obstetric fistula is a medical condition which historically affected women around the globe. The
			 United States long ago eliminated this needlessly oppressive condition
			 because of access to skilled medical professionals and medical care.
			 Obstetric fistula can be prevented and repaired. No woman should suffer a
			 lifetime of debilitating physical and social consequences—as obstetric
			 fistula victims do—simply because she lacks access to basic obstetric
			 care.
			3.DefinitionsIn this Act:
			(1)Advisory CommitteeThe term Advisory Committee means the United States Advisory Committee for the Eradication of Obstetric Fistula established
			 under section 6.
			(2)Clinical Center of ExcellenceThe term Center of Clinical Excellence means a Center of Clinical Excellence for Obstetric Fistula Care in sub-Saharan Africa established
			 under section 5(d)(5).
			(3)CorpsThe term Corps means the United States Obstetric Fistula Treatment and Prevention Corps established under section
			 5(d)(6).
			(4)InstituteThe term Institute means the International Obstetric Fistula Institute for Sub-Saharan Africa established under
			 section 5(d)(1).
			(5)Relevant executive branch agenciesThe term relevant executive branch agencies means the Department of State, the United States Agency for International Development, and any
			 other department or agency of the United States that participates in
			 international health and humanitarian activities pursuant to the
			 authorities of such department or agency or the Foreign Assistance Act of
			 1961.
			(6)SecretaryThe term Secretary means the Secretary of State.
			(7)Sub-Saharan AfricaThe terms sub-Saharan Africa, sub-Saharan African, and sub-Saharan African country shall have the meanings given to such terms for purposes of this Act by the Secretary.
			4.Comprehensive, integrated, 10-year strategy to combat obstetric fistula in sub-Saharan Africa
			(a)In generalThe President, acting through the Administrator of the United States Agency for International
			 Development, shall establish a comprehensive, integrated, 10-year strategy
			 to combat obstetric fistula in sub-Saharan Africa that strengthens the
			 capacity of the United States to be an effective leader in the movement
			 for international women’s health and empowerment.
			(b)ElementsSuch strategy shall maintain sufficient flexibility and remain responsive to the needs of women
			 afflicted with obstetric fistula or who stand at risk of suffering from
			 obstetric fistula and shall include the following:
				(1)A plan for implementation and coordination of programs and activities under this Act, including
			 grants and contracts for prevention, treatment, and monitoring of
			 obstetric fistula under section 5.
				(2)Specific objectives, multi-sector approaches, and specific strategies to treat women who suffer
			 from obstetric fistula and to prevent further occurrences of obstetric
			 fistula.
				(3)Assignment of priorities for relevant executive branch agencies.
				(4)Public health and health care delivery system research on the prevention, repair, and
			 rehabilitation of obstetric fistula.
				(5)Development, implementation, and evaluation of evidence-based systems of care connecting maternity
			 and obstetric fistula care facilities with local care delivery and
			 community education programs. Such systems of care should promote rapid
			 and long-term prevention of obstetric fistula, including—
					(A)referral to prenatal care to identify and mitigate risk factors for obstetric fistula;
					(B)culturally appropriate childbirth education, preparation, and planning;
					(C)access to skilled obstetric care; and
					(D)promoting prompt detection of prolonged labor and appropriate action to address it.
					(6)Provision that the reduction of health and social risks which increase the likelihood of obstetric
			 fistula shall be a priority of all prevention efforts in terms of funding,
			 educational messages, and activities promoting a decrease in child
			 marriage and the adolescent pregnancy rate, prompt detection of prolonged
			 labor, and immediate intervention in cases of obstructed labor through
			 improved access to emergency obstetric services provided by partner
			 hospitals.
				(7)Improvement of coordination and reduce duplication among relevant executive branch agencies,
			 foreign governments, and international organizations.
				(8)Projection of general levels of resources needed to achieve the stated objectives.
				(9)Expansion of public-private partnerships and the leveraging of resources.
				(10)Maximization of United States capabilities in the areas of medical training and research and
			 application of those capabilities in sub-Saharan Africa. Such efforts may
			 include the provision of grants by relevant executive branch agencies for
			 institutional capacity-building partnerships between United States and
			 foreign institutions, as well as between in-country institutions, for the
			 purpose of mobilizing in-country capacity, resources, and expertise to
			 prevent and repair cases of obstetric fistula.
				(11)Priorities for the distribution of resources based on factors such as the size and demographics of
			 the population suffering from obstetric fistula, the needs of that
			 population, and the existing infrastructure or funding levels that may
			 exist to treat and prevent obstetric fistula.
				(12)A long-term commitment to the eradication of obstetric fistula by expanding health system capacity
			 and training opportunities for doctors and other health service providers
			 in sub-Saharan Africa.
				(13)A plan to maximize United States efforts in workforce training, capacity-building, and retention
			 relating to obstetric fistula prevention, treatment, rehabilitation, and
			 research. Such plan shall be coordinated with existing United States and
			 in-country workforce capacity-building plans and efforts. Such plan may
			 include training of foreign health workers at United States institutions
			 and train-the-trainer programs.
				(14)A plan for institutional capacity-building partnerships to strengthen universities, research
			 centers, health-profession training programs, and government institutes to
			 build the in-country capacity needed to eradicate obstetric fistula.
				(c)ReportNot later than 1 year after the date of the enactment of this Act, the President shall submit to
			 Congress a report that contains the strategy required under this section.
			5.Prevention, treatment, and monitoring of obstetric fistula in sub-Saharan African countries
			(a)In generalThe President, acting through the Administrator of the United States Agency for International
			 Development, is authorized to provide grants to or enter into contracts
			 with an eligible entity described in subsection (b) to carry out
			 activities to prevent, treat, and monitor obstetric fistula in sub-Saharan
			 African countries in accordance with this section.
			(b)Eligible entity describedIn this section, the term eligible entity means a major, university-based medical center in the United States.
			(c)Application and selection
				(1)ApplicationThe President shall provide for eligible entities to submit applications to the President for
			 grants or contracts under this section in such form and manner as the
			 President may require to carry out the purposes of this section.
				(2)Selection
					(A)In generalFrom among the applications submitted under paragraph (1), the President shall select an eligible
			 entity to receive grants or contracts under this section pursuant to a
			 competitive selection process.
					(B)CriteriaThe competitive selection process referred to in subparagraph (A) shall be based upon selection
			 criteria, which shall include—
						(i)the breadth and depth of medical faculty, particularly with experience in obstetrics and
			 reconstructive pelvic surgery;
						(ii)breadth and depth of public health and international health faculty;
						(iii)experience in and capacity to conduct training of the global health workforce and to strengthen
			 capacity-building and health systems;
						(iv)experience in building institutional capacity in sub-Saharan Africa, including through
			 institutional partnerships;
						(v)willingness to supplement amounts received under grants or contracts under subsection (a) by
			 engaging in community partnerships; and
						(vi)whether the applicant, for purposes of this Act, has entered into a cooperative agreement with one
			 or more major, university-based medical centers in sub-Saharan Africa.
						(d)Use of funds
				(1)International Obstetric Fistula Institute for Sub-Saharan AfricaAmounts received under grants or contracts under subsection (a) shall be used to establish and
			 operate at the eligible entity’s medical center in the United States an
			 institute to carry out paragraphs (2) through (7), to be known as the
			 International Obstetric Fistula Institute for Sub-Saharan Africa. The
			 purpose of the Institute shall be to prevent, treat, and monitor obstetric
			 fistula in sub-Saharan African countries.
				(2)Administration and trainingThe Institute shall—
					(A)serve as the primary administrative and medical-training hub for the campaign to prevent, treat,
			 and monitor obstetric fistula in sub-Saharan African countries;
					(B)ensure the campaign described in subparagraph (A) is carried out on both a scientific and
			 humanitarian basis;
					(C)initiate and oversee the training and clinical activities of physicians, other health
			 professionals, and educators serving at Centers of Clinical Excellence;
			 and
					(D)ensure a progressive increase in health system and workforce capacity to prevent, treat, and
			 monitor obstetric fistula in each country in which a Center of Clinical
			 Excellence is located.
					(3)Enforce clinical standards and accountabilityThe Institute shall—
					(A)promote the utilization of standard clinical protocols, facilitate data collection, coordinate
			 research efforts, and oversee and participate in multi-center randomized
			 surgical trials; and
					(B)enforce the highest standards of clinical practice and ethical behavior as described in the
			 published code of medical ethics for obstetric fistula surgeons.
					(4)Develop evidence-based programs for prevention and access to emergency obstetric careThe Institute shall—
					(A)develop and implement comprehensive and culturally appropriate protocols to prevent the formation
			 of obstetric fistula, including the development and implementation of
			 evidence-based systems of care, which identify, track, and evaluate
			 obstetric fistula prevention programs;
					(B)develop and implement prevention programs that—
						(i)teach women and family members, in a culturally appropriate manner, how to identify prolonged
			 labor;
						(ii)inform women and family members of the risks of not seeking appropriate medical care;
						(iii)refer women and family members to prenatal, perinatal, and postnatal care;
						(iv)teach women and family members how to mobilize community resources to assist in seeking emergency
			 obstetric care; and
						(v)teach women and family members to identify symptoms of obstetric fistula and refer women to
			 treatment;
						(C)assist Centers of Clinical Excellence in developing localized programs for childbirth education,
			 preparation and planning, prolonged-labor detection, labor monitoring, and
			 transportation from villages to local hospitals for obstetric care and to
			 Centers of Clinical Excellence for obstetric fistula care, accounting for
			 factors such as transportation, geography, and scalability of such
			 solutions; and
					(D)seek to partner with United States medical personnel and volunteers to train and employ local men
			 and women as community-based labor monitors who can educate and assist
			 other women at risk of suffering from obstetric fistula, thereby
			 empowering an entire sector of women in sub-Saharan Africa with
			 information and employment.
					(5)Centers of Clinical Excellence for Obstetric Fistula Care in Sub-Saharan Africa
					(A)In generalThe Institute, in cooperation with each medical center in sub-Saharan African described in
			 subsection (b), shall establish not less than 8 centers in sub-Saharan
			 Africa to treat and prevent obstetric fistula in countries and areas in
			 which obstetric fistula is widespread, as determined by the Institute in
			 consultation with the Advisory Committee. Such centers shall be known as
			 Centers of Clinical Excellence for Obstetric Fistula Care in sub-Saharan
			 Africa.
					(B)General dutiesEach Center of Clinical Excellence shall establish programs to treat and prevent obstetric fistula
			 at hospitals and to expand the networks of such hospitals. the Centers of
			 Excellence shall be co-located or located within reasonable proximity to
			 hospitals capable of providing emergency and routine obstetric care, in
			 order to fulfill its duties and to ensure hospitals meet emergency
			 obstetric needs.
					(C)Specific dutiesEach Center of Clinical Excellence shall function as localized epicenters of training and clinical
			 excellence for obstetric fistula care, and shall—
						(i)be a major locus of medical and surgical care for obstetric fistula patients;
						(ii)be centers for the training of obstetric fistula surgeons, nurses, and other medical personnel;
						(iii)coordinate and implement community outreach and prevention programs;
						(iv)partner with the national ministry of health or equivalent government body and medical educators in
			 the country in which the Center of Clinical Excellence is located to
			 develop country-specific training programs for surgeons and other health
			 care personnel involved in obstetric fistula care;
						(v)be a vehicle for expanding access to emergency obstetric services in affiliated communities;
						(vi)establish a consulting and referral relationship with a hospital in its geographic vicinity, assist
			 the hospital by completing an initial, comprehensive assessment of what
			 resources the hospital would need to improve delivery of emergency
			 obstetric services, and based on the needs assessments and subject to the
			 approval of the Institute approve funding for each hospital to undergo
			 appropriate physical renovation and reimburse the hospital for emergency
			 obstetric care and cesarean deliveries; and
						(vii)coordinate a system of village “labor monitors” to help prevent obstetric fistula by identifying
			 pregnant women in their communities, monitoring their labors, and
			 activating an organized emergency-transport system to move high-risk women
			 to local hospitals with adequate obstetric care.
						(6)United States Obstetric Fistula Treatment and Prevention Corps
					(A)In generalThe Institute, in cooperation with each medical center in sub-Saharan African described in
			 subsection (b), shall establish and operate a United States Obstetric
			 Fistula Treatment and Prevention Corps.
					(B)DutiesThe Corps shall—
						(i)provide volunteer medical services at Centers of Clinical Excellence and train local surgeons and
			 other health professionals in techniques of obstetric fistula repair and
			 in other aspects of the care of women with obstetric fistula;
						(ii)seek to establish an enabling environment in which patient care can be provided effectively,
			 consistently, humanely, and ethically to women with obstetric fistula; and
						(iii)develop evidence-based systems of care for the prevention of obstetric fistula.
						(C)MembershipThe Corps shall consist of—
						(i)graduates of United States or African residency programs in such fields as obstetrics and
			 gynecology, general surgery, urology, and anesthesiology; and
						(ii)other doctors, nurses, community-health professionals, public-health professionals, and other
			 expert personnel as needed to further the duties of the Institute to
			 prevent, treat, and monitor obstetric fistula in sub-Saharan African
			 countries.
						(D)Duration of serviceMembers of the Corps shall commit to a duration of service of not less than 28 months.
					(E)Compensation, other benefitsThe Institute may provide compensation, other employment benefits, and loan guarantees to
			 individuals who agree to serve as members of the Corps.
					(F)Alumni CorpsThe Institute is authorized to establish an Alumni Corps, comprised of former members of the Corps
			 who have completed successfully at least one period of service described
			 in subparagraph (D) in order to augment medical personnel at Centers for
			 Clinical Excellence.
					(7)Annual reportThe Institute shall submit to Congress and make available to the public an annual report on the
			 implementation of this subsection, including a description of—
					(A)the recruitment for and implementation of the Corps; and
					(B)the activities of each Center of Clinical Excellence, including—
						(i)the number of women served at the Center;
						(ii)the success rate of obstetric fistula-repair surgeries, prevention efforts, and other programs used
			 by the Center and surrounding communities; and
						(iii)other delivery system and quality measures as appropriate.
						(e)PersonnelThe Institute shall be administered by qualified, essential personnel including—
				(1)a director, who reports directly to the head of the medical center in the United States referred to
			 in subsection (b);
				(2)expert leadership to oversee key aspects of the duties of the Institute, including—
					(A)medical and surgical activities;
					(B)prevention, education, and outreach;
					(C)partnerships and capacity building;
					(D)emergency obstetric services; and
					(E)program management;
					(3)professional and administrative staff responsible for administration, coordination, and campaign
			 performance;
				(4)dedicated, full-time, experienced surgeons responsible for the medical supervision and training of
			 United States and sub-Saharan African surgeons assigned to Centers of
			 Clinical Excellence, and for medical research, data collection, and
			 successful implementation of medical programs in sub-Saharan Africa;
				(5)full-time prevention, education, and outreach coordinators, responsible for the Institute’s
			 outreach, education, prevention, and social reintegration programs as well
			 as for the supervision and training of outreach and education staff
			 assigned to the Centers of Clinical Excellence;
				(6)an advisory panel for surgical outcomes and quality comprised of no fewer than 15 senior practicing
			 surgeons from the United States and other countries—
					(A)to ensure a high, uniform level of surgical care;
					(B)to engage in clinical practice with Centers of Clinical Excellence for Sub-Saharan Africa to share
			 their surgical experience and to provide clinical oversight; and
					(C)to liaise with Centers of Clinical Excellence for Sub-Saharan Africa and the Institute to ensure
			 the Centers of Clinical Excellence are accountable for providing a
			 consistent and high level of surgical care; and
					(7)an internal oversight and steering committee comprised of individuals who are medical
			 professionals, public health professionals, international social welfare
			 advisors, economists specializing in international development, or
			 professors of law or political science.
				(f)Additional personnelThe Institute may appoint and fix the pay of additional personnel as the Institute considers
			 appropriate.
			6.United States Advisory Committee for the Eradication of Obstetric Fistula
			(a)EstablishmentThere is established an advisory committee to be known as the United States Advisory Committee for
			 the Eradication of Obstetric Fistula.
			(b)Membership
				(1)Selection; qualificationsThe Advisory Committee shall be composed of 14 members selected by the Secretary (through a
			 competitive process) from among individuals who are distinguished
			 scholars, clinicians, scientists, advocates, and philanthropists and who,
			 collectively—
					(A)have knowledge and experience in health care and global health policy, including international
			 health, obstetrics, women’s empowerment, human rights, and international
			 law; and
					(B)have direct experience abroad especially in sub-Saharan Africa.
					(2)SelectionThe Advisory Committee shall be composed of 14 members selected by the Secretary through a
			 competitive process.
				(3)DisqualificationAn individual shall not be appointed as a member of the Advisory Committee if such individual
			 possesses any personal or financial interest in the discharge of any
			 duties of the Advisory Committee.
				(4)TermsThe term of office of each member of the Advisory Committee shall be 5 years. Members of the
			 Advisory Committee shall be eligible for reappointment for up to 2 terms.
				(c)Meetings
				(1)Initial meetingThe Advisory Committee shall hold its initial meeting on the date that is no later than 120 days
			 after the date of the enactment of this Act.
				(2)MeetingsThe Advisory Committee shall meet at the call of the Chairman or a majority of its members. The
			 Advisory Committee shall meet no less than twice per calendar year.
				(3)QuorumSix members of the Advisory Committee shall constitute a quorum for purposes of conducting
			 business, except that 2 members of the Advisory Committee shall constitute
			 a quorum for purposes of receiving testimony.
				(4)VacanciesAny vacancy of the Advisory Committee shall not affect its powers, but shall be filled promptly in
			 the manner in which the original appointment was made.
				(d)Administration
				(1)Travel expensesMembers of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of
			 subsistence, at rates authorized for employees of agencies under
			 subchapter I of chapter 57 of title 5, United States Code, while away from
			 their homes or regular places of business in performance of services for
			 the Advisory Committee.
				(2)Administrative supportThe Secretary shall assist the Advisory Committee by providing to the Advisory Committee such staff
			 and administrative services as may be necessary and appropriate for the
			 Advisory Committee to perform its functions. Upon request of the Advisory
			 Committee, the head of any Federal department or agency may detail any of
			 the personnel of that department or agency to the Advisory Committee
			 without reimbursement to the department or agency of that employee and
			 such detail shall be without interruption or loss of civil service status
			 or privilege.
				(3)Experts and consultantsThe Advisory Committee may procure temporary and intermittent services under section 3109(b) of
			 title 5, United States Code.
				(4)Other resourcesThe Advisory Committee shall have reasonable access to materials, resources, statistical data, and
			 other information the Advisory Committee determines to be necessary to
			 carry out its duties from the Library of Congress, the Department of
			 State, the National Library of Medicine, and other departments and
			 agencies of the executive and legislative branches of the Federal
			 Government. The Chairman of the Advisory Committee shall make requests for
			 such access in writing when necessary.
				(5)Obtaining official dataThe Advisory Committee may secure directly from any department or agency of the United States
			 information necessary to enable it to carry out this section. Upon the
			 request of the Chairman of the Advisory Committee, the head of that
			 department or agency shall furnish that information to the Advisory
			 Committee.
				(e)DutiesThe primary duties of the Advisory Committee shall include—
				(1)advising the Institute on an ongoing basis in carrying out the duties of the Institute;
				(2)evaluating programs and activities to eradicate obstetric fistula and making recommendations
			 regarding the programs of the Institute;
				(3)advising the Department of State and the United States Agency for International Development on an
			 ongoing basis in carrying out programs and activities to eradicate
			 obstetric fistula;
				(4)monitoring funds available for programs and activities to eradicate obstetric fistula to ensure
			 such funds are used efficiently and are accounted for properly, including
			 through the conduct of periodic audits; and
				(5)advising the Administrator of the United States Agency for International Development in an annual
			 written report of the Institute’s performance and success in carrying out
			 its duties.
				(f)Actions against governments failing To meet minimum standards
				(1)By Advisory CommitteeThe Advisory Committee—
					(A)shall advise the Administrator of the United States Agency for International Development, based on
			 information provided to the Advisory Committee by the Institute or based
			 on independent sources of information, of each county that by reason of
			 corruption, indifference, or ineffectiveness, significantly impedes the
			 Institute’s ability to provide services to victims of obstetric fistula
			 and women who are vulnerable to obstetric fistula; and
					(B)may request the Administrator to recommend suspension of the provision of United States
			 nonhumanitarian, nontrade-related foreign assistance to each country
			 described in subparagraph (A).
					(2)By USAIDBased on the advice of the Advisory Committee under paragraph (1), the Administrator may accept the
			 advice and, in consultation with the Secretary, recommend to the President
			 the suspension of United States nonhumanitarian, nontrade-related foreign
			 assistance to a county described in paragraph (1)(A).
				7.ReportThe President, acting through the Administrator of the United States Agency for International
			 Development, shall submit to Congress on an annual basis a report on the
			 implementation of this Act for the preceding year, including an evaluation
			 of the effectiveness and performance of the Institute, the Centers of
			 Clinical Excellence, the Corps, and all related community outreach and
			 medical programs.
		8.Authorization of appropriations
			(a)In generalThere are authorized to be appropriated to the President to carry out this Act—
				(1)$10,000,000 for fiscal year 2015; and
				(2)$180,000,000 for the period of fiscal years 2016 through 2024.
				(b)AvailabilityAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are
			 authorized to remain available until expended.


114 HR 491 IH: Geolocational Privacy and Surveillance Act
U.S. House of Representatives
2015-01-22
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.

		I
		114th CONGRESS
		1st Session
		H. R. 491
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2015
			Mr. Chaffetz (for himself, Mr. Welch, and Mr. Conyers) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select), 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 amend title 18, United States Code, to specify the circumstances in which a person may acquire
			 geolocation information and for other purposes.

 1.Short titlesThis Act may be cited as the Geolocational Privacy and Surveillance Act or the GPS Act. 2.Protection of geolocation information (a)In generalPart 1 of title 18, United States Code, is amended by inserting after chapter 119 the following:

					120Geolocation information

							Sec.
							2601. Definitions.
							2602. Interception and disclosure of geolocation information.
							2603. Prohibition of use as evidence of acquired geolocation information.
							2604. Emergency situation exception.
							2605. Recovery of civil damages authorized.
 2601.DefinitionsIn this chapter: (1)Electronic communication serviceThe term electronic communication service has the meaning given that term in section 2510.
 (2)Electronic surveillanceThe term electronic surveillance has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
 (3)Geolocation informationThe term geolocation information means, with respect to a person, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as that term is defined section 3117) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person.
 (4)Geolocation information serviceThe term geolocation information service means the provision of a global positioning service or other mapping, locational, or directional information service to the public, or to such class of users as to be effectively available to the public, by or through the operation of any wireless communication device, including any mobile telephone, global positioning system receiving device, mobile computer, or other similar or successor device.
 (5)InterceptThe term intercept means the acquisition of geolocation information through the use of any electronic, mechanical, or other device.
 (6)Investigative or law enforcement officerThe term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.
 (7)PersonThe term person means any employee or agent of the United States, or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.
 (8)Remote computing serviceThe term remote computing service has the meaning given that term in section 2711. (9)StateThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
 (10)Wireless communication deviceThe term wireless communication device means any device that enables access to, or use of, an electronic communication system or service, remote computing service, or geolocation information service, if that device utilizes a radio or other wireless connection to access such system or service.
 (11)Covered serviceThe term covered services means electronic communication service, remote computing service, or of geolocation information service.
							2602.Interception and disclosure of geolocation information
							(a)In general
 (1)Prohibition on disclosure or useExcept as otherwise specifically provided in this chapter, it shall be unlawful for any person to— (A)intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person;
 (B)intentionally disclose, or endeavor to disclose, to any other person geolocation information pertaining to another person, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph;
 (C)intentionally use, or endeavor to use, any geolocation information, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph; or
									(D)
 (i)intentionally disclose, or endeavor to disclose, to any other person the geolocation information pertaining to another person intercepted by means authorized by subsections (b) through (h), except as provided in such subsections;
 (ii)knowing or having reason to know that the information was obtained through the interception of such information in connection with a criminal investigation;
 (iii)having obtained or received the information in connection with a criminal investigation; and (iv)with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.
 (2)PenaltyAny person who violates paragraph (1) shall be fined under this title, imprisoned not more than five years, or both.
 (b)Exception for information acquired in the normal course of businessIt shall not be unlawful under this chapter for an officer, employee, or agent of a provider of covered services, whose facilities are used in the transmission of geolocation information, to intercept, disclose, or use that information in the normal course of the officer, employee, or agent's employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the provider of that service, except that a provider of a geolocation information service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
 (c)Exception for conducting foreign intelligence surveillanceNotwithstanding any other provision of this chapter, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of the official duty of the officer, employee, or agent to conduct electronic surveillance, as authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
							(d)Exception for consent
 (1)In generalIt shall not be unlawful under this chapter for a person to intercept geolocation information pertaining to another person if such other person has given prior consent to such interception unless such information is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
 (2)ChildrenThe exception in paragraph (1) permits a parent or legal guardian of a child to intercept geolocation information pertaining to that child or to give consent for another person to intercept such information.
 (e)Exception for public informationIt shall not be unlawful under this chapter for any person to intercept or access geolocation information relating to another person through any system that is configured so that such information is readily accessible to the general public.
 (f)Exception for emergency informationIt shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept or access geolocation information relating to a person if such information is used—
 (1)to respond to a request made by such person for assistance; or (2)in circumstances in which it is reasonable to believe that the life or safety of the person is threatened, to assist the person.
 (g)Exception for theft or fraudIt shall not be unlawful under this chapter for a person acting under color of law to intercept geolocation information pertaining to the location of another person who has unlawfully taken the device sending the geolocation information if—
 (1)the owner or operator of such device authorizes the interception of the person's geolocation information;
 (2)the person acting under color of law is lawfully engaged in an investigation; and (3)the person acting under color of law has reasonable grounds to believe that the geolocation information of the other person will be relevant to the investigation.
								(h)Exception for warrant
 (1)DefinitionsIn this subsection: (A)Court of competent jurisdictionThe term court of competent jurisdiction includes—
 (i)any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that—
 (I)has jurisdiction over the offense being investigated; (II)is in or for a district in which the provider of a geolocation information service is located or in which the geolocation information is stored; or
 (III)is acting on a request for foreign assistance pursuant to section 3512 of this title; or (ii)a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants.
 (B)Governmental entityThe term governmental entity means a department or agency of the United States or any State or political subdivision thereof. (2)WarrantA governmental entity may intercept geolocation information or require the disclosure by a provider of covered services of geolocation information only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
								(i)Prohibition on divulging geolocation information
 (1)In generalExcept as provided in paragraph (2), a person providing covered services shall not intentionally divulge geolocation information pertaining to another person.
 (2)ExceptionsA person providing covered services may divulge geolocation information— (A)as otherwise authorized in subsections (b) through (h);
 (B)with the lawful consent of such other person; (C)to another person employed or authorized, or whose facilities are used, to forward such geolocation information to its destination; or
 (D)which was inadvertently obtained by the service provider and which appears to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.
 2603.Prohibition of use as evidence of acquired geolocation informationWhenever any geolocation information has been acquired, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
						2604.Emergency situation exception
 (a)Emergency situation exceptionNotwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may intercept geolocation information if—
 (1)such officer reasonably determines that an emergency situation exists that— (A)involves—
 (i)immediate danger of death or serious physical injury to any person; (ii)conspiratorial activities threatening the national security interest; or
 (iii)conspiratorial activities characteristic of organized crime; and (B)requires geolocation information be intercepted before an order authorizing such interception can, with due diligence, be obtained;
 (2)there are grounds upon which an order could be entered to authorize such interception; and (3)an application for an order approving such interception is made within 48 hours after the interception has occurred or begins to occur.
								(b)Failure To obtain court order
 (1)Termination of acquisitionIn the absence of an order, an interception of geolocation information carried out under subsection (a) shall immediately terminate when the information sought is obtained or when the application for the order is denied, whichever is earlier.
 (2)Prohibition on use as evidenceIn the event such application for approval is denied, the geolocation information shall be treated as having been obtained in violation of this chapter and an inventory shall be served on the person named in the application.
								2605.Recovery of civil damages authorized
 (a)In generalAny person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person, other than the United States, which engaged in that violation such relief as may be appropriate.
 (b)ReliefIn an action under this section, appropriate relief includes— (1)such preliminary and other equitable or declaratory relief as may be appropriate;
 (2)damages under subsection (c) and punitive damages in appropriate cases; and (3)a reasonable attorney's fee and other litigation costs reasonably incurred.
 (c)Computation of damagesThe court may assess as damages under this section whichever is the greater of— (1)the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or
 (2)statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d)DefenseIt is a complete defense against any civil or criminal action brought against an individual for conduct in violation of this chapter if such individual acted in a good faith reliance on—
 (1)a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;
 (2)a request of an investigative or law enforcement officer under section 2604; or (3)a good-faith determination that an exception under section 2602 permitted the conduct complained of.
 (e)LimitationA civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation.
 (f)Administrative disciplineIf a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.
 (g)Improper disclosure is violationAny willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this chapter is a violation of this chapter for purposes of this section..
 (b)Clerical amendmentThe table of chapters for part 1 of title 18, United States Code, is amended by inserting after the item relating to chapter 119 the following:

						120. Geolocation information2601.
 (c)Conforming amendmentsSection 3512(a) of title 18, United States Code, is amended— (1)in paragraph (2)—
 (A)by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and
 (B)by inserting after subparagraph (A) the following:  (B)a warrant or order for geolocation information or records related thereto, as provided under section 2602 of this title;.
 3.Requirement for search warrants to acquire geolocation informationRule 41(a) of the Federal Rules of Criminal Procedure is amended— (1)in paragraph (2)(A), by striking the period at the end and inserting a comma and including geolocation information.; and
 (2)by adding at the end the following:  (F)Geolocation information has the meaning given that term in section 2601 of title 18, United States Code..
			4.Fraud and related activity in connection with obtaining geolocation information
 (a)Criminal violationSection 1039(h) of title 18, United States Code, is amended— (1)in paragraph (2)—
 (A)in subparagraph (A), by striking and at the end; (B)in subparagraph (B), by striking the period at the end and inserting a semicolon and and; and
 (C)by adding at the end the following new subparagraph:  (C)includes any geolocation information service.;
 (2)by redesignating paragraph (4) as paragraph (5); and (3)by inserting after paragraph (3) the following:

 (4)Geolocation information serviceThe term geolocation information service has the meaning given that term in section 2601.. (b)Conforming amendments (1)Definition amendmentsSection 1039(h)(1) of title 18, United States Code, is amended—
 (A)in the paragraph heading, by inserting or GPS after phone; and (B)in the matter preceding subparagraph (A), by inserting or GPS after phone.
 (2)Conforming amendmentsSection 1039 of title 18, United States Code, is amended— (A)in the section heading by inserting or GPS after phone;
 (B)in subsection (a)— (i)in the matter preceding paragraph (1), by inserting or GPS after phone; and
 (ii)in paragraph (4), by inserting or GPS after phone; (C)in subsection (b)—
 (i)in the subsection heading, by inserting or GPS after phone; (ii)in paragraph (1), by inserting or GPS after phone both places that term appears; and
 (iii)in paragraph (2), by inserting or GPS after phone; and (D)in subsection (c)—
 (i)in the subsection heading, by inserting or GPS after phone; (ii)in paragraph (1), by inserting or GPS after phone both places that term appears; and
 (iii)in paragraph (2), by inserting or GPS after phone. (3)Chapter analysisThe table of sections for chapter 47 of title 18, United States Code, is amended by striking the item relating to section 1039 and inserting the following:

							1039. Fraud and related activity in connection with obtaining confidential phone or GPS records
			 information of a covered entity..
				(c)Sentencing guidelines
 (1)Review and AmendmentNot later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 1039 of title 18, United States Code, as amended by this section.
 (2)AuthorizationThe United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.
				5.Statement of exclusive means of acquiring geolocation information
 (a)In generalNo person may acquire the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by section 3, or the amendments made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
 (b)Geolocation information definedIn this section, the term geolocation information has the meaning given that term in section 2601 of title 18, United States Code, as amended by section 2.


110 HR 3411 IH: To improve the treatment of juveniles with mental health

U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3411
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Kennedy (for
			 himself, Ms. Carson,
			 Mr. Clay, Ms. DeLauro, Mr.
			 McDermott, Mr. Stark,
			 Mr. Cummings, and
			 Ms. Solis) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor, and in addition to the Committee on
			 Energy and Commerce, 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 improve the treatment of juveniles with mental health
		  or substance abuse disorders by establishing new grant programs for increased
		  training, technical assistance, and coordination of service providers, and for
		  other purposes.

		1.Short titleThis Act may be cited as the Juvenile
			 Crime Reduction Act.
		2.Reducing crime
			 and promoting rehabilitation by providing grants to improve identification of
			 and services for juveniles with mental health or substance abuse
			 disorders
			(a)In
			 generalTitle II of the
			 Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et
			 seq.) is amended—
				(1)by redesignating
			 part F as part G; and
				(2)by inserting after
			 part E the following new part:

						FReducing crime and
				promoting rehabilitation by improving identification of and services for
				juveniles with mental health or substance abuse disorders.
							270.Training grants
				to increase diversion of juveniles with mental health or substance abuse
				disorders into home- or community-based care
								(a)Establishing
				grant programThe Administrator may award grants for the purposes
				described in subsection (b) to a public agency who complies with the
				eligibility requirements described in subsection (c).
								(b)Purpose
									(1)Use of
				fundsThe recipient of a grant awarded under this section shall
				use the funds to provide training, in conjunction with the public or private
				agency that provides mental health services, to individuals involved in making
				decisions regarding the disposition of cases involving youth who enter the
				juvenile justice system, including any of the following categories of
				individuals:
										(A)Juvenile justice
				intake personnel.
										(B)Law enforcement
				personnel.
										(C)Prosecutors.
										(D)Juvenile court
				judges.
										(E)Public
				defenders.
										(F)Mental health
				service providers and administrators.
										(G)Substance abuse
				disorder service providers and administrators.
										(H)Probation
				officers.
										(I)Parents or parent
				advocates.
										(2)Focus of
				trainingTraining provided through a grant awarded under this
				section shall focus on the following:
										(A)The availability of standardized,
				validated, age-appropriate, and culturally competent screening and assessment
				tools and the effective use of such tools to divert juveniles from secure
				confinement into home-based and community-based care.
										(B)The purpose,
				benefits, and availability of home-based and community-based mental health or
				substance abuse treatment programs available to juveniles within the
				jurisdiction of the grantee.
										(C)Public and private
				programs available to juveniles to pay for home-based and community-based
				mental health or substance abuse treatment programs.
										(D)The appropriate
				use of effective home-based and community-based alternatives to juvenile
				justice or mental health system institutional placements.
										(c)Eligibility
				requirementsIn order to be eligible to receive a grant under
				this section, a public agency shall prepare and submit an application, at such
				time and in such form as the Administrator may require, that includes the
				following:
									(1)An assurance that
				the agency will work with public or private entities in the area to administer
				the training funded under this section to ensure that such training is
				comprehensive, constructive, linguistically and culturally competent, and of a
				high quality.
									(2)An assurance that
				the agency—
										(A)is committed to a
				goal of increasing the diversion of juveniles coming under its jurisdiction
				into appropriate home-based or community-based care when the interest of the
				juvenile and public safety allow;
										(B)intends to utilize
				the grant provided under this section to further such goal; and
										(C)has a plan to
				demonstrate, using appropriate benchmarks, the agency’s progress in meeting
				such goal.
										(3)An assurance that
				not less than 25 percent of the total cost of the training conducted with the
				grant will be contributed by non-Federal sources.
									271.Encouraging
				comprehensive collaborations to address mental health or substance abuse
				disorders among at-risk juveniles
								(a)Grant To develop
				comprehensive collaborative plan
									(1)In
				generalThe Administrator, in consultation with the Administrator
				of the Substance Abuse and Mental Health Services Administration, may award a
				1-year grant to an eligible public agency to develop a comprehensive
				collaborative plan (as described in paragraph (2)) to address the service needs
				of juveniles with mental health or substance abuse disorders who come into
				contact with the justice system or who are at risk of coming into contact with
				the justice system.
									(2)Plan
				describedThe plan referred
				to in paragraph (1) shall be a plan that—
										(A)revises and
				improves the current delivery of intensive home-based and community-based
				services to juveniles who have been in contact with or who are at risk of
				coming into contact with the justice system;
										(B)determines how the
				service needs of juveniles with mental health or substance abuse disorders who
				come into contact with the juvenile justice system will be furnished from the
				initial detention stage until after discharge in order for these juveniles to
				avoid further contact with the justice system;
										(C)demonstrates that
				the public agency has entered into appropriate agreements with all entities
				responsible for providing services under the plan, such as the public agency
				charged with administering juvenile justice programs, the public agency charged
				with providing mental health services, the public agency charged with providing
				substance abuse treatment services, the State or local educational agency, the
				State or local child welfare system, and private nonprofit community-based
				organizations;
										(D)ensures that the
				State has in effect any laws necessary for services to be delivered in
				accordance with the plan;
										(E)establishes a
				network of individuals (or incorporates an existing network) to provide
				coordination between mental health service providers, substance abuse service
				providers, probation and parole officers, judges, corrections personnel, law
				enforcement personnel, State and local educational agency personnel, parents
				and families, and other appropriate parties regarding effective treatment of
				juveniles with mental health or substance abuse disorders;
										(F)provides for
				cross-system training among law enforcement personnel, corrections personnel,
				State and local educational agency personnel, mental health service providers,
				and substance abuse service providers to enhance collaboration among
				systems;
										(G)provides for
				coordinated and effective aftercare programs for juveniles who have been
				diagnosed with a mental health or substance abuse disorder and who are
				discharged from home-based care, community-based care, any other treatment
				program, secure detention facilities, secure correctional facilities, or
				jail;
										(H)provides for the
				purchase of technical assistance to support the implementation of the
				plan;
										(I)estimates the costs
				of implementing the plan and proposes funding sources sufficient to meet the
				non-federal funding requirements for implementation of the plan under
				subsection (b);
										(J)describes the
				methodology to be used to identify juveniles at risk of coming into contact
				with the juvenile justice system;
										(K)provides
				assurances that all training and services provided under the plan will be
				culturally and linguistically competent; and
										(L)describes the
				outcome measures and benchmarks that will be used to evaluate the progress and
				effectiveness of the plan.
										(3)Eligibility
				requirementsIn order to be eligible to receive a grant under
				this subsection, a public agency shall prepare and submit an application at
				such time, in such form, and with such information as the Administrator may
				require to demonstrate—
										(A)the ability of the
				agency to develop and implement the comprehensive plan, including the support
				of necessary collaborative partners; and
										(B)that the agency
				has implemented a procedure to ensure that, upon the release of a juvenile from
				a secure facility, the juvenile will be eligible to participate in those
				government programs in which the juvenile would be eligible to participate but
				for the juvenile’s detention in a secure facility (except to the extent
				prohibited under Federal law).
										(b)Grant To
				implement comprehensive plan
									(1)In
				generalThe Administrator shall award a grant payable over 4
				years to an eligible public agency to implement the plan developed under
				subsection (a).
									(2)Eligibility
				requirementsA public agency receiving a grant under subsection
				(a) automatically shall be eligible to receive a grant under this subsection if
				it submits to the Administrator—
										(A)a copy of the plan
				developed under subsection (a) that meets the requirements of subsection
				(a)(2);
										(B)an assurance that
				the agency will report annually to the Administrator on—
											(i)the progress of
				implementation of the plan using the outcome measures and benchmarks described
				in the plan (as required by subsection (a)(2)(L)), and
											(ii)any amendments
				that the agency proposes to make to the plan; and
											(C)an assurance that
				the agency will meet the requirements of paragraph (3) for each fiscal year of
				funding.
										(3)Non-Federal share
				of costs to implement plan definedFor each fiscal year of
				funding, the public agency shall be required to contribute the following
				percentages of the plan’s estimated implementation costs using non-Federal
				sources:
										(A)During the first
				fiscal year of funding to implement the plan, 25%.
										(B)During the second
				fiscal year of funding to implement the plan, 40%.
										(C)During the third
				fiscal year of funding to implement the plan, 60%.
										(D)During the fourth
				fiscal year of funding to implement the plan, 75%.
										272.Creating
				regional technical assistance centers
								(a)In
				generalThe Administrator may award grants for the establishment
				of 4 regional research, training, and technical assistance centers to carry out
				the following activities within geographic regions specified by the
				Administrator:
									(1)Provide training
				on the provision of state-of-the-art mental health and substance abuse disorder
				services in custodial and non-custodial juvenile justice-related settings
				(including post-release services) and on how to engage in successful
				collaborations between mental health or substance abuse disorder service
				providers and juvenile justice systems to—
										(A)public
				policymakers;
										(B)juvenile justice
				intake personnel;
										(C)law enforcement
				personnel;
										(D)prosecutors;
										(E)juvenile court
				judges;
										(F)public
				defenders;
										(G)mental health
				service providers and administrators;
										(H)substance abuse
				disorder service providers and administrators; and
										(I)parents or parent
				advocates.
										(2)Provide direct
				technical assistance, including assistance provided through toll-free telephone
				numbers, on methods to improve the provision of services for juveniles with
				mental health or substance abuse disorders, including information on—
										(A)what types of
				mental health or substance abuse service approaches are effective within the
				juvenile justice system; and
										(B)how home- and
				community-based mental health or substance abuse services are often more
				effective in reducing recidivism and promoting rehabilitation than secure
				confinement (including information on relevant regional, ethnic, and
				gender-related considerations) and how such services can be improved to be more
				effective.
										(3)Provide
				information, training, and technical assistance to public agency officials to
				enhance the capacity of such officials to provide appropriate services relating
				to mental health or substance abuse disorders among juveniles.
									(b)EligibilityIn
				order to receive grants under this section, an entity shall—
									(1)be either a public
				agency or a not-for-profit private entity; and
									(2)prepare and submit
				an application at such time, in such form, and with such information and
				assurances as the Administrator may require to demonstrate the ability of the
				entity to deliver the services described in subsection (a) within the
				particular geographic region in which the entity is located.
									(c)Authorization of
				appropriationsThere is
				authorized to be appropriated $4,000,000 for fiscal year 2008 and each
				succeeding fiscal year for grants under this section.
								273.Encouraging and
				supporting reforms in mental health and substance abuse policies
								(a)Establishing
				grant programThe
				Administrator shall award a grant to an eligible public agency to hire or
				contract with one or more mental health professionals or a public or private
				organization with particular expertise in the area of mental health or
				substance abuse disorders among juveniles who come into contact with the
				juvenile justice system to assist the agency in reforming its mental health and
				substance abuse policies with respect to such juveniles.
								(b)Limitations
									(1)DurationA public agency shall use a grant awarded
				under this section to hire (or contract with) on a temporary basis not to
				exceed 3 years an individual or organization described in subsection
				(a).
									(2)Maximum grant
				amountA grant awarded under this section shall not exceed
				$300,000.
									(3)Number of grants
				per applicantA public agency shall not receive more than 1 grant
				under this section.
									(c)Eligibility
				requirementsIn order to be
				eligible to receive a grant under this section, a public agency shall prepare
				and submit an application, at such time and in such form as the Administrator
				may require, that includes the following:
									(1)A description of
				the intended use of the grant.
									(2)An assurance that
				the grant is necessary for the agency to affect a lasting improvement in the
				agency’s practices and procedures related to juveniles with mental health or
				substance abuse disorders coming under its jurisdiction.
									(3)An assurance that the agency will expend
				funds received under this section to supplement and not supplant other funds
				available to the agency for the purpose of reforming its mental health and
				substance abuse policies with respect to juveniles who come into contact with
				the juvenile justice system.
									(4)An assurance that
				not less than 25 percent of the total cost of hiring an individual or
				organization described in subsection (a) will be contributed by non-Federal
				sources.
									(d)Authorization of
				appropriationsThere is authorized to be appropriated $5,000,000
				for fiscal year 2008 and each succeeding fiscal year for grants under this
				section.
								.
				(b)General
			 authorization of appropriationsSection 299 of the Juvenile
			 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is
			 amended—
				(1)in subsection
			 (a)—
					(A)in the heading, by
			 striking C and
			 E and inserting
			 C, E, and
			 F, and
					(B)by striking
			 C and E and inserting C, E, and F;
					(2)by
			 redesignating subsection (d) as subsection (e); and
				(3)by inserting after
			 subsection (c) the following new subsection:

						(d)Authorization of
				Appropriations for Part FThere are authorized to be appropriated to
				carry out part F such sums as may be necessary for fiscal year 2008 and each
				succeeding fiscal year, subject to the applicable limitations of such
				part.
						.
				3.Encouraging
			 States to improve screening and assessment techniques for juveniles with mental
			 health or substance abuse disorders
			(a)Additional
			 Requirement for State PlansSection 223(a) of the Juvenile
			 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is
			 amended—
				(1)in paragraph (27),
			 by striking ; and and inserting a semicolon;
				(2)in paragraph (28),
			 by striking the period at the end and inserting a semicolon; and
				(3)by adding at the
			 end the following new paragraphs:

						(29)describe the State’s efforts to implement
				an evidence-based mental health and substance abuse disorder screening and
				assessment program for all juveniles held in a secure facility for a period of
				more than 24 hours that provides for one or more initial screenings and, if a
				juvenile’s initial screening demonstrates a need, further assessment;
				and
						(30)describe the
				State’s method for providing or arranging for mental health and substance abuse
				disorder treatment for juveniles determined to be in need of such
				treatment.
						.
				(b)Effective
			 DateThe amendments made by
			 subsection (a) shall apply to a plan or a plan’s annual amendments (as
			 described in section 223(a) of the Juvenile Justice and Delinquency Prevention
			 Act of 1974 (42 U.S.C. 5633(a))) submitted at any time after the expiration of
			 the 45-day period which begins on the date of enactment of this Act.
			4.Establishing
			 evidence-based practice bonuses
			(a)In
			 generalTitle V of the Juvenile Justice and Delinquency
			 Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is amended—
				(1)by redesignating
			 section 505 as section 506; and
				(2)by inserting after
			 section 504 the following new section:

						505.Use of
				appropriations exceeding $110,000,000 for evidence-based practice
				bonuses
							(a)Availability of
				bonusesIf the total sums appropriated in a fiscal year under
				section 506 exceed $110,000,000, the Administrator shall distribute those sums
				exceeding $110,000,000 as evidence-based practice bonuses to recipients of
				grants under section 504 in that fiscal year who meet the requirements of
				subsection (b).
							(b)RequirementsIn
				order to be eligible to receive an evidence-based practice bonus, the recipient
				of a grant under section 504 shall prepare and submit an application, at such
				time, in such form, and with such information as the Administrator may require,
				that includes—
								(1)a commitment to
				expend an amount, specified in the application, of the grant received under
				section 504 on evidence-based practices for the treatment of mental health or
				substance abuse disorders of juveniles within the jurisdiction;
								(2)a request for an
				evidence-based practice bonus in an amount not to exceed 33 percent of the
				amount specified in paragraph (1) to support specific evidence-based practices
				for the treatment of mental health or substance abuse disorders of juveniles
				within the jurisdiction; and
								(3)a detailed
				description of the specific evidence-based practices that will be carried out
				with the bonus.
								(c)Competitively
				awarded bonusesThe Administrator shall award evidence-based
				practice bonuses under this section on a competitive basis.
							(d)Amount of
				bonusesThe Administrator shall determine the amount of each
				evidence-based practice bonus on a competitive basis among the other recipients
				of bonuses, except that the bonus awarded to any bonus recipient may not exceed
				the amount requested in the recipient’s application under subsection
				(b)(2).
							(e)Carry
				overAmounts appropriated pursuant to the authorization in
				section 506 in a fiscal year that are available for distribution as
				evidence-based practice bonuses under this section shall remain available for
				distribution until the end of the succeeding fiscal
				year.
							.
				(b)Effective
			 DateThe amendments made by subsection (a) shall take effect
			 beginning with fiscal year 2008.
			5.Improving
			 information about prevalence of mental health and substance abuse disorders in
			 juvenile justice system
			(a)Including mental
			 health and substance abuse disorder information in required annual
			 report
				(1)In
			 generalSection 207(1) of the Juvenile Justice and Delinquency
			 Prevention Act of 1974 (42 U.S.C. 5617(1)) is amended—
					(A)in subparagraph
			 (E), by striking ; and and inserting a semicolon;
					(B)in subparagraph
			 (F), by striking the period at the end and inserting ; and;
			 and
					(C)by adding at the
			 end the following new subparagraph:

							(G)the prevalence of
				mental health disorders among juveniles, including separate information on the
				diagnoses of serious mental health disorders, substance abuse disorders, and
				both such
				disorders.
							.
					(2)Effective
			 DateThe amendments made by subsection (a) shall take effect
			 beginning with fiscal year 2008.
				(b)Examination and
			 report on evidence-based practices by Coordinating Council on Juvenile Justice
			 and Delinquency Prevention
				(1)In
			 generalSection 206(c)(1) of such Act (42 U.S.C. 5616(c)(1)) is
			 amended by adding at the end the following sentence: The Council shall
			 examine and report on evidence-based practices for decreasing delinquency and
			 recidivism among juveniles with mental health or substance abuse
			 disorders..
				(2)Effective
			 dateThe amendments made by paragraph (1) shall apply to the
			 first annual report under section 206(c)(1) of the Juvenile Justice and
			 Delinquency Prevention Act of 1974 (42 U.S.C. 5616(c)(1)) issued after the
			 expiration of the 45-day period which begins on the date of enactment of this
			 Act and to each succeeding annual report.
				6.Dedicating excess
			 appropriations for jail diversion programs to programs specifically targeting
			 juveniles
			(a)Grants for
			 programs targeting juveniles for diversionThe Secretary of
			 Health and Human Services shall ensure that at least 25 percent of the grants
			 awarded in a fiscal year under section 520G of the Public Health Service Act
			 (42 U.S.C. 290bb–38) are awarded to programs specifically targeting juveniles
			 for diversion.
			(b)Minimum
			 appropriation requiredSubsection (a) only shall apply to a
			 fiscal year in which the amount appropriated for grants under section 520G of
			 the Public Health Service Act (42 U.S.C. 290bb–38) for that fiscal year exceeds
			 the amount appropriated for such grants in fiscal year 2007 by more than 50
			 percent.


		I
		111th CONGRESS
		1st Session
		H. R. 1434
		IN THE HOUSE OF REPRESENTATIVES

			March 11, 2009
			Mr. Boozman
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  deduction for certain travel expenses of qualified emergency
		  volunteers.

		1.Short titleThis Act may be cited as the
			 Volunteer Firefighter/Emergency
			 Medical Service Gas Price Relief Act of 2009.
		2.Allowance of
			 deduction for travel expenses of emergency volunteers
			(a)In
			 generalPart VII of
			 subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 additional itemized deductions for individuals) is amended by redesignating
			 section 224 as section 225 and by inserting after section 223 the following new
			 section:

					224.Travel expenses
				of emergency volunteers
						(a)Allowance of
				deductionIn the case of a
				qualified emergency volunteer, there shall be allowed as a deduction for the
				taxable year an amount equal to the qualified travel expenses paid or incurred
				by the qualified emergency volunteer during the taxable year.
						(b)Dollar
				limitationThe amount allowed as a deduction under subsection (a)
				with respect to a qualified emergency volunteer for any taxable year shall not
				exceed $250.
						(c)Qualified
				emergency volunteerFor
				purposes of this section, the term qualified emergency volunteer
				means a volunteer who provides firefighting or emergency medical services in
				conjunction with a qualified volunteer emergency response organization (as
				defined in section 139B).
						(d)Qualified travel
				expensesFor purposes of this section, the term qualified
				travel expenses means—
							(1)the distance traveled by the qualified
				emergency volunteer in a motor vehicle (as defined in section 30(c)(2)) owned
				by such volunteer to and from a qualified volunteer emergency response
				organization (as defined in section 139B) or the scene of an emergency with
				respect to which such volunteer provides firefighting or emergency medical
				services, multiplied by
							(2)the standard
				mileage rate (as defined in section 170(i)).
							(e)Denial of double
				benefitNo deduction shall be
				allowed under subsection (a) for any expense for which a deduction or credit is
				allowed under any other provision of this
				chapter.
						.
			(b)Deduction
			 allowed whether or not taxpayer itemizes other deductionsSubsection (a) of section 62 of such Code
			 (defining adjusted gross income) is amended by inserting before the last
			 sentence the following new paragraph:

					(22)Travel expenses
				of emergency volunteersThe
				deduction allowed by section
				224.
					.
			(c)Clerical
			 amendmentThe table of
			 sections for part VII of subchapter B of chapter 1 of such Code is amended by
			 striking the item relating to section 224 and by inserting after section 223
			 the following new items:

						Sec. 224. Travel expenses of emergency
				volunteers.
						Sec. 225. Cross
				reference.

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.


I
111th CONGRESS
2d Session
H. R. 4610
IN THE HOUSE OF REPRESENTATIVES

February 4, 2010
Mr. Pascrell (for himself and Ms. Jenkins) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to eliminate the drawback fee on the manufacture or production of certain distilled spirits used in nonbeverage products.

1.Elimination of drawback fee on manufacture or production of certain distilled spirits used in non-beverage products
(a)In generalSubsection (a) of section 5114 of the Internal Revenue Code of 1986 is amended by striking of $1 less than and inserting equal to.
(b)Effective dateThe amendment made by subsection (a) shall apply to claims filed on or after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4905
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mr. Clarke of
			 Michigan introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Tinopal OB
		  CO.

		1.Tinopal OB CO
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.002,5-Di (5′-tert-butyl benzoxazol-2′-yl) thiophene (CAS No.
						7128–64–5) (provided for in subheading 3204.20.80)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		II

		109th CONGRESS

		1st Session

		S. 1910

		IN THE SENATE OF THE UNITED STATES

			October 24, 2005

			Mr. Sununu introduced

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

			 Committee on

			 Finance

		A BILL

		A bill to amend title XVIII of the Social Security Act to

		  provide incentives to physicians for writing electronic

		  prescriptions.

		1.Short

			 title; Purpose

			(a)Short

			 titleThis Act may be cited

			 as the Electronic Prescription Drug

			 Act of 2005.

			(b)PurposeThe purpose of this Act is to provide a

			 budget neutral financial incentive for the rapid adoption of electronic

			 prescribing under the new medicare prescription drug program.

			2.Electronic

			 prescription incentivesSection 1860D–42 of the Social Security Act

			 (42 U.S.C. 1395w–152) is amended by adding at the end the following new

			 subsection:

				(d)Electronic

				prescription incentives

					(1)Physician

				paymentsFor each electronic prescription written by a physician

				during the period beginning on January 1, 2006, and ending on December 31,

				2009, the PDP sponsor of a prescription drug plan shall make a payment of an

				amount equal to—

						(A)$1.00,

				minus

						(B)an amount equal

				to the percentage of total claims that consist of electronic claims, as

				determined under subparagraphs (A) and (B) of paragraph (3) (expressed in

				cents).

						(2)Dispensing fee

				offset reductionFor each non-electronic prescription written by

				a physician during the period described in paragraph (1), the PDP sponsor of a

				prescription drug plan shall reduce the dispensing fee established in

				accordance with section 1860D–4(c)(2)(E) by an amount equal to—

						(A)$1.00,

				minus

						(B)an amount equal

				to the percentage of total claims that consist of non-electronic claims, as

				determined under subparagraphs (A) and (B) of paragraph (3) (expressed in

				cents).

						(3)Data

				used

						(A)Initial

				estimateSubject to the update required under subparagraph (B),

				in determining the percentage of total claims that consist of electronic claims

				and the percentage of total claims that consist of non-electronic claims, the

				Secretary shall use an estimate of the number of electronic claims and

				non-electronic claims that will be submitted as of January 1, 2006.

						(B)UpdateFor

				each 6 month period beginning after January 1, 2006, the Secretary shall update

				the estimate of the number of electronic claims and non-electronic claims used

				to determine the percentage of total claims that consist of electronic claims

				and the percentage of total claims that consist of non-electronic

				claims.

						To the

				extent feasible, the Secretary shall use the most recent data available,

				including real-time data on drug claims submitted under this part, to determine

				the percentage of total claims that consist of electronic claims and the

				percentage of total claims that consist of non-electronic claims.(4)RegulationsThe

				Secretary shall establish regulations and procedures for carrying out this

				subsection.

					.


		IIA
		Calendar No. 418
		111th CONGRESS
		2d Session
		S. J. RES. 26
		IN THE SENATE OF THE UNITED STATES

			January 21, 2010
			Ms. Murkowski (for
			 herself, Mrs. Lincoln,
			 Mr. Barrasso, Mr. Nelson of Nebraska, Mr. Chambliss, Ms.
			 Landrieu, Mr. Thune,
			 Mrs. Hutchison, Mr. Graham, Mr.
			 Coburn, Mr. Vitter,
			 Mr. Cornyn, Mr.
			 Isakson, Mr. Grassley,
			 Mr. Alexander, Mr. Bond, Mr.
			 Inhofe, Mr. Bunning,
			 Mr. Crapo, Mr.
			 Brownback, Mr. Roberts,
			 Mr. McConnell, Mr. Enzi, Mr.
			 McCain, Mr. Wicker,
			 Mr. Lugar, Mr.
			 Corker, Mr. Cochran,
			 Mr. Kyl, Mr.
			 Bennett, Mr. Risch,
			 Mr. Johanns, Mr. Sessions, Mr.
			 Voinovich, Mr. Burr,
			 Mr. Shelby, Mr.
			 Gregg, Mr. Hatch,
			 Mr. LeMieux, Mr. DeMint, and Mr.
			 Ensign) introduced the following joint resolution; which was read
			 twice and referred to the Committee on
			 Environment and Public Works

			June 7, 2010
			Committee discharged pursuant to chapter 8, title 5,
			 U.S.C. and placed on the calendar

		JOINT RESOLUTION
		Disapproving a rule submitted by the
		  Environmental Protection Agency relating to the endangerment finding and the
		  cause or contribute findings for greenhouse gases under section 202(a) of the
		  Clean Air Act.

		That Congress disapproves the rule
			 submitted by the Environmental Protection Agency relating to the endangerment
			 finding and the cause or contribute findings for greenhouse gases under section
			 202(a) of the Clean Air Act (published at 74 Fed. Reg. 66496 (December 15,
			 2009)), and such rule shall have no force or effect.

		June 7, 2010
		Placed on the calendar