		II
		Calendar No. 461
		112th CONGRESS
		2d Session
		S. 3406
		IN THE SENATE OF THE UNITED STATES

			July 19, 2012
			Mr. Baucus, from the
			 Committee on Finance,
			 reported the following original bill; which was read twice and placed on the
			 calendar

		A BILL
		To authorize the extension of nondiscriminatory treatment
		  (normal trade relations treatment) to products of the Russian Federation and
		  Moldova, to require reports on the compliance of the Russian Federation with
		  its obligations as a member of the World Trade Organization, and to impose
		  sanctions on persons responsible for gross violations of human rights, and for
		  other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Russia and Moldova
			 Jackson-Vanik Repeal and Magnitsky Rule of Law Accountability Act of
			 2012.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—Permanent normal trade relations for the Russian
				Federation
					Sec. 101. Findings.
					Sec. 102. Termination of application of title IV of the Trade
				Act of 1974 to products of the Russian Federation.
					TITLE II—Trade enforcement measures relating to the Russian
				Federation
					Sec. 201. Reports on implementation by the Russian Federation
				of obligations as a member of the World Trade Organization and enforcement
				actions by the United States Trade Representative.
					Sec. 202. Promotion of the rule of law in the Russian
				Federation to support United States trade and investment.
					Sec. 203. Reports on laws, policies, and practices of the
				Russian Federation that discriminate against United States digital
				trade.
					Sec. 204. Efforts to reduce barriers to trade imposed by the
				Russian Federation.
					TITLE III—Sanctions with respect to persons responsible for gross
				violations of human rights
					Sec. 301. Short title.
					Sec. 302. Findings.
					Sec. 303. Definitions.
					Sec. 304. Identification of persons responsible for the
				detention, abuse, and death of Sergei Magnitsky and other gross violations of
				human rights.
					Sec. 305. Inadmissibility of certain aliens.
					Sec. 306. Financial measures.
					Sec. 307. Report to Congress.
					TITLE IV—Permanent normal trade relations for Moldova
					Sec. 401. Findings.
					Sec. 402. Termination of application of title IV of the Trade
				Act of 1974 to products of Moldova.

			IPermanent normal
			 trade relations for the Russian Federation
			101.FindingsCongress finds the following:
				(1)The Russian
			 Federation allows its citizens the right and opportunity to emigrate, free of
			 any heavy tax on emigration or on the visas or other documents required for
			 emigration and free of any tax, levy, fine, fee, or other charge on any
			 citizens as a consequence of the desire of those citizens to emigrate to the
			 country of their choice.
				(2)The Russian
			 Federation has been found to be in full compliance with the freedom of
			 emigration requirements under title IV of the Trade Act of 1974 (19 U.S.C. 2431
			 et seq.) since 1994.
				(3)The Russian
			 Federation has received normal trade relations treatment since concluding a
			 bilateral trade agreement with the United States that entered into force in
			 1992.
				(4)On December 16,
			 2011, the Ministerial Conference of the World Trade Organization invited the
			 Russian Federation to accede to the World Trade Organization.
				102.Termination of
			 application of title IV of the Trade Act of 1974 to products of the Russian
			 Federation
				(a)Presidential
			 determinations and extension of nondiscriminatory
			 treatmentNotwithstanding any provision of title IV of the Trade
			 Act of 1974 (19 U.S.C. 2431 et seq.), the President may—
					(1)determine that
			 such title should no longer apply to the Russian Federation; and
					(2)after making a
			 determination under paragraph (1) with respect to the Russian Federation,
			 proclaim the extension of nondiscriminatory treatment (normal trade relations
			 treatment) to the products of the Russian Federation.
					(b)Effective date
			 of nondiscriminatory treatmentThe extension of nondiscriminatory
			 treatment to the products of the Russian Federation pursuant to subsection (a)
			 shall be effective not sooner than the effective date of the accession of the
			 Russian Federation to the World Trade Organization.
				(c)Termination of
			 applicability of title IVOn and after the effective date under
			 subsection (b) of the extension of nondiscriminatory treatment to the products
			 of the Russian Federation, title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
			 seq.) shall cease to apply to the Russian Federation.
				IITrade
			 enforcement measures relating to the Russian Federation
			201.Reports on
			 implementation by the Russian Federation of obligations as a member of the
			 World Trade Organization and enforcement actions by the United States Trade
			 Representative
				(a)Reports on
			 implementation
					(1)In
			 generalNot later than one year after the effective date under
			 section 102(b) of the extension of nondiscriminatory treatment to the products
			 of the Russian Federation, and annually thereafter, the United States Trade
			 Representative shall submit to the Committee on Finance of the Senate and the
			 Committee on Ways and Means of the House of Representatives a report assessing
			 the following:
						(A)The extent to
			 which the Russian Federation is implementing the WTO Agreement (as defined in
			 section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)) and the
			 following agreements annexed to that Agreement:
							(i)The
			 Agreement on the Application of Sanitary and Phytosanitary Measures (referred
			 to in section 101(d)(3) of the Uruguay Round Agreements Act (19 U.S.C.
			 3511(d)(3))).
							(ii)The Agreement on
			 Trade-Related Aspects of Intellectual Property Rights (referred to in section
			 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15))).
							(B)The progress made
			 by the Russian Federation in acceding to, and the extent to which the Russian
			 Federation is implementing, the following:
							(i)The
			 Ministerial Declaration on Trade in Information Technology Products of the
			 World Trade Organization, agreed to at Singapore December 13, 1996 (commonly
			 referred to as the Information Technology Agreement) (or a
			 successor agreement).
							(ii)The Agreement on
			 Government Procurement (referred to in section 101(d)(17) of the Uruguay Round
			 Agreements Act (19 U.S.C. 3511(d)(17))).
							(2)Plan for action
			 by Trade Representative
						(A)In
			 generalIf, in preparing a report required by paragraph (1), the
			 Trade Representative believes that the Russian Federation is not fully
			 implementing an agreement specified in subparagraph (A) or (B) of that
			 paragraph or that the Russian Federation is not making adequate progress in
			 acceding to an agreement specified in subparagraph (B) of that paragraph, the
			 Trade Representative shall, except as provided in subparagraph (B) of this
			 paragraph, include in the report a description of the actions the Trade
			 Representative plans to take to encourage the Russian Federation to improve its
			 implementation of the agreement or increase its progress in acceding to the
			 agreement, as the case may be.
						(B)Classified
			 informationIf any information regarding a planned action
			 referred to in subparagraph (A) is classifiable under Executive Order 13526 (75
			 Fed. Reg. 707; relating to classified national security information) or a
			 subsequent executive order, the Trade Representative shall report that
			 information to the Committee on Finance of the Senate and the Committee on Ways
			 and Means of the House of Representatives by—
							(i)including the
			 information in a classified annex to the report required by paragraph (1);
			 or
							(ii)consulting with
			 the Committee on Finance and the Committee on Ways and Means with respect to
			 the information instead of including the information in the report or a
			 classified annex to the report.
							(3)Public
			 comments
						(A)In
			 generalIn developing the report required by paragraph (1), the
			 Trade Representative shall provide an opportunity for the public to comment,
			 including by holding a public hearing.
						(B)Publication in
			 Federal RegisterThe Trade Representative shall publish notice of
			 the opportunity to comment and hearing required by subparagraph (A) in the
			 Federal Register.
						(b)Report on
			 enforcement actions taken by Trade RepresentativeNot later than
			 180 days after the effective date under section 102(b) of the extension of
			 nondiscriminatory treatment to the products of the Russian Federation, and
			 annually thereafter, the United States Trade Representative shall submit to the
			 Committee on Finance of the Senate and the Committee on Ways and Means of the
			 House of Representatives a report describing the enforcement actions taken by
			 the Trade Representative against the Russian Federation to ensure the full
			 compliance of the Russian Federation with its obligations as a member of the
			 World Trade Organization, including obligations under agreements with members
			 of the Working Party on the accession of the Russian Federation to the World
			 Trade Organization.
				202.Promotion of
			 the rule of law in the Russian Federation to support United States trade and
			 investment
				(a)Reports on
			 promotion of rule of lawNot later than one year after the
			 effective date under section 102(b) of the extension of nondiscriminatory
			 treatment to the products of the Russian Federation, and annually thereafter,
			 the United States Trade Representative and the Secretary of State shall jointly
			 submit to the Committee on Finance of the Senate and the Committee on Ways and
			 Means of the House of Representatives a report—
					(1)on the measures
			 taken by the Trade Representative and the Secretary and the results achieved
			 during the year preceding the submission of the report with respect to
			 promoting the rule of law in the Russian Federation, including with respect
			 to—
						(A)strengthening
			 formal protections for United States investors in the Russian Federation,
			 including through the negotiation of a new bilateral investment treaty;
						(B)advocating for
			 United States investors in the Russian Federation, including by promoting the
			 claims of United States investors in Yukos Oil Company;
						(C)encouraging all
			 countries that are parties to the Convention on Combating Bribery of Foreign
			 Public Officials in International Business Transactions of the Organisation for
			 Economic Co-operation and Development, done at Paris December 17, 1997
			 (commonly referred to as the OECD Anti-Bribery Convention),
			 including the Russian Federation, to fully implement their commitments under
			 the Convention to prevent overseas business bribery by the nationals of those
			 countries;
						(D)promoting a
			 customs administration, tax administration, and judiciary in the Russia
			 Federation that are free of corruption; and
						(E)increasing
			 cooperation between the United States and the Russian Federation to expand the
			 capacity for civil society organizations to monitor, investigate, and report on
			 suspected instances of corruption; and
						(2)that discloses
			 the status of any pending petition for espousal filed with the Secretary by a
			 United States investor in the Russian Federation.
					(b)Anti-bribery
			 reporting and assistance
					(1)In
			 generalThe Secretary of Commerce shall establish and maintain a
			 dedicated phone hotline and secure website, accessible from within and outside
			 the Russian Federation, for the purpose of allowing United States
			 entities—
						(A)to report
			 instances of bribery, attempted bribery, or other forms of corruption in the
			 Russian Federation that impact or potentially impact their operations;
			 and
						(B)to request the
			 assistance of the United States with respect to issues relating to corruption
			 in the Russian Federation.
						(2)Report
			 required
						(A)In
			 generalNot later than one year after the effective date under
			 section 102(b) of the extension of nondiscriminatory treatment to the products
			 of the Russian Federation, and annually thereafter, the Secretary of Commerce
			 shall submit to the Committee on Finance of the Senate and the Committee on
			 Ways and Means of the House of Representatives a report that includes the
			 following:
							(i)The
			 number of instances in which bribery, attempted bribery, or other forms of
			 corruption have been reported using the hotline or website established pursuant
			 to paragraph (1).
							(ii)A
			 description of the regions in the Russian Federation in which those instances
			 are alleged to have occurred.
							(iii)A
			 summary of actions taken by the United States to provide assistance to United
			 States entities pursuant to paragraph (1)(B).
							(iv)A
			 description of the efforts taken by the Secretary to inform United States
			 entities conducting business in the Russian Federation or considering
			 conducting business in the Russian Federation of the availability of assistance
			 through the hotline and website.
							(B)ConfidentialityThe
			 Secretary shall not include in the report required by subparagraph (A) the
			 identity of a United States entity that reports instances of bribery, attempted
			 bribery, or other forms of corruption in the Russian Federation or requests
			 assistance pursuant to paragraph (1).
						203.Reports on
			 laws, policies, and practices of the Russian Federation that discriminate
			 against United States digital tradeSection 181(a) of the Trade Act of 1974 (19
			 U.S.C. 2241(a)) is amended—
				(1)by redesignating paragraph (3) as paragraph
			 (4); and
				(2)by inserting after paragraph (2) the
			 following:

						(3)Inclusion of
				certain discriminatory laws, policies, and practices of the Russian
				FederationFor calender year
				2012 and each succeeding calendar year, the Trade Representative shall include
				in the analyses and estimates under paragraph (1) an identification and
				analysis of any laws, policies, or practices of the Russian Federation that
				deny fair and equitable market access to United States digital
				trade.
						.
				204.Efforts to
			 reduce barriers to trade imposed by the Russian FederationThe United States Trade Representative shall
			 continue to pursue the reduction of barriers to trade imposed by the Russian
			 Federation on articles exported from the United States to the Russian
			 Federation through efforts—
				(1)to negotiate a bilateral agreement under
			 which the Russian Federation will accept the sanitary and phytosanitary
			 measures of the United States as equivalent to the sanitary and phytosanitary
			 measures of the Russian Federation; and
				(2)to obtain the
			 adoption by the Russian Federation of an action plan for providing greater
			 protections for intellectual property rights than the protections required by
			 the Agreement on Trade-Related Aspects of Intellectual Property Rights
			 (referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19
			 U.S.C. 3511(d)(15))).
				IIISanctions with
			 respect to persons responsible for gross violations of human rights
			301.Short
			 titleThis title may be cited
			 as the Sergei Magnitsky Rule of Law
			 Accountability Act of 2012.
			302.FindingsCongress finds the following:
				(1)The United States supports the people of
			 the Russian Federation in their efforts to realize their full economic
			 potential and to advance democracy, human rights, and the rule of law.
				(2)The Russian Federation—
					(A)is a member of the United Nations, the
			 Organization for Security and Co-operation in Europe, the Council of Europe,
			 and the International Monetary Fund; and
					(B)is a party to the Convention against
			 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
			 International Covenant on Civil and Political Rights, the United Nations
			 Convention against Corruption, and the European Convention on Human
			 Rights.
					(3)In becoming parties to human rights
			 treaties, governments voluntarily undertake international obligations to
			 respect and encourage certain fundamental rights and freedoms of their
			 citizens. The protection and encouragement of human rights throughout the world
			 is an important objective of United States foreign policy.
				(4)Good governance and anti-corruption
			 measures are instrumental in the protection of human rights and in achieving
			 sustainable economic growth, which benefits both the people of the Russian
			 Federation and the international community through the creation of open and
			 transparent markets.
				(5)Systemic corruption erodes trust and
			 confidence in democratic institutions, the rule of law, and human rights
			 protections. This is the case when public officials are allowed to abuse their
			 authority with impunity for political or financial gains in collusion with
			 private entities.
				(6)The Russian nongovernmental organization
			 INDEM has estimated that corruption amounts to hundreds of billions of dollars
			 a year, an increasing share of the gross domestic product of the Russian
			 Federation.
				(7)The President of the Russian Federation,
			 Dmitry Medvedev, has addressed corruption in many public speeches, including
			 stating in his 2009 address to Russia’s Federal Assembly, [Z]ero
			 tolerance of corruption should become part of our national culture. . . . In
			 Russia we often say that there are few cases in which corrupt officials are
			 prosecuted. . . . [S]imply incarcerating a few will not resolve the problem.
			 But incarcerated they must be.. President Medvedev went on to say,
			 We shall overcome underdevelopment and corruption because we are a
			 strong and free people, and deserve a normal life in a modern, prosperous
			 democratic society.. Furthermore, President Medvedev has acknowledged
			 Russia’s disregard for the rule of law and used the term legal
			 nihilism to describe a criminal justice system that continues to
			 imprison innocent people.
				(8)In light of the
			 importance of legitimate and transparent public institutions and the serious
			 negative effects that corruption has on the efforts of the United States to
			 strengthen democratic institutions and free market systems, Presidential
			 Proclamation 7750 of January 12, 2004, allows the Secretary of State to suspend
			 the entry into the United States of aliens who are suspected of participating
			 in corrupt practices.
				(9)The systematic abuse of Sergei Magnitsky,
			 including his repressive arrest and torture in custody by the same officers of
			 the Ministry of the Interior of the Russian Federation that Mr. Magnitsky had
			 implicated in the embezzlement of funds from the Russian Treasury and the
			 misappropriation of 3 companies from his client, Hermitage, reflects how deeply
			 the protection of human rights is affected by corruption.
				(10)The
			 politically motivated nature of the persecution of Mr. Magnitsky is
			 demonstrated by—
					(A)the denial by
			 all state bodies of the Russian Federation of any justice or legal remedies to
			 Mr. Magnitsky during the nearly 12 full months he was kept without trial in
			 detention; and
					(B)the impunity
			 of state officials he testified against for their involvement in corruption and
			 the carrying out of his repressive persecution since his death.
					(11)Mr.
			 Magnitsky died on November 16, 2009, at the age of 37, in Matrosskaya Tishina
			 Prison in Moscow, Russia, and is survived by a mother, a wife, and 2
			 sons.
				(12)The Public Oversight Commission of the City
			 of Moscow for the Control of the Observance of Human Rights in Places of Forced
			 Detention, an organization empowered by Russian law to independently monitor
			 prison conditions, concluded, A man who is kept in custody and is being
			 detained is not capable of using all the necessary means to protect either his
			 life or his health. This is a responsibility of a state which holds him
			 captive. Therefore, the case of Sergei Magnitsky can be described as a breach
			 of the right to life. The members of the civic supervisory commission have
			 reached the conclusion that Magnitsky had been experiencing both psychological
			 and physical pressure in custody, and the conditions in some of the wards of
			 Butyrka can be justifiably called torturous. The people responsible for this
			 must be punished..
				(13)On July 6,
			 2011, President Medvedev's Human Rights Council announced the results of its
			 independent investigation into the death of Sergei Magnitsky. The Human Rights
			 Council concluded that Sergei Magnitsy's arrest and detention was illegal, he
			 was denied access to justice by the courts and prosecutors of the Russian
			 Federation, he was investigated by the same law enforcement officers whom he
			 had accused of stealing Hermitage Fund companies and illegally obtaining a
			 fraudulent $230,000,000 tax refund, he was denied necessary medical care in
			 custody, he was beaten by 8 guards with rubber batons on the last day of his
			 life, and the ambulance crew that was called to treat him as he was dying was
			 deliberately kept outside of his cell for one hour and 18 minutes until he was
			 dead. The report of the Human Rights Council also states the officials
			 falsified their accounts of what happened to Sergei Magnitsky and, 18 months
			 after his death, no officials had been brought to trial for his false arrest or
			 the crime he uncovered.
				(14)The second
			 trial, verdict, and sentence against former Yukos executives Mikhail
			 Khodorkovsky and Platon Lebedev evoke serious concerns about the right to a
			 fair trial and the independence of the judiciary in the Russian Federation. The
			 lack of credible charges, intimidation of witnesses, violations of due process
			 and procedural norms, falsification or withholding of documents, denial of
			 attorney-client privilege, and illegal detention in the Yukos case are highly
			 troubling. The Council of Europe, Freedom House, and Amnesty International,
			 among others, have concluded that they were charged and imprisoned in a process
			 that did not follow the rule of law and was politically influenced.
			 Furthermore, senior officials of the Government of the Russian Federation have
			 acknowledged that the arrest and imprisonment of Khodorkovsky were politically
			 motivated.
				(15)According to
			 Freedom House’s 2011 report entitled The Perpetual Battle: Corruption in
			 the Former Soviet Union and the New EU Members, [t]he highly
			 publicized cases of Sergei Magnitsky, a 37-year-old lawyer who died in pretrial
			 detention in November 2009 after exposing a multimillion-dollar fraud against
			 the Russian taxpayer, and Mikhail Khodorkovsky, the jailed business magnate and
			 regime critic who was sentenced at the end of 2010 to remain in prison through
			 2017, put an international spotlight on the Russian state’s contempt for the
			 rule of law. . . . By silencing influential and accomplished figures such as
			 Khodorkovsky and Magnitsky, the Russian authorities have made it abundantly
			 clear that anyone in Russia can be silenced..
				(16)Sergei
			 Magnitsky’s experience, while particularly illustrative of the negative effects
			 of official corruption on the rights of an individual citizen, appears to be
			 emblematic of a broader pattern of disregard for the numerous domestic and
			 international human rights commitments of the Russian Federation and impunity
			 for those who violate basic human rights and freedoms.
				(17)The tragic
			 and unresolved murders of Nustap Abdurakhmanov, Maksharip Aushev, Natalya
			 Estemirova, Akhmed Hadjimagomedov, Umar Israilov, Paul Klebnikov, Anna
			 Politkovskaya, Saihadji Saihadjiev, and Magomed Y. Yevloyev, the death in
			 custody of Vera Trifonova, the disappearances of Mokhmadsalakh Masaev and
			 Said-Saleh Ibragimov, the torture of Ali Israilov and Islam Umarpashaev, the
			 near-fatal beatings of Mikhail Beketov, Oleg Kashin, Arkadiy Lander, and
			 Mikhail Vinyukov, and the harsh and ongoing imprisonment of Mikhail
			 Khodorkovsky, Alexei Kozlov, Platon Lebedev, and Fyodor Mikheev further
			 illustrate the grave danger of exposing the wrongdoing of officials of the
			 Government of the Russian Federation, including Chechen President Ramzan
			 Kadyrov, or of seeking to obtain, exercise, defend, or promote internationally
			 recognized human rights and freedoms.
				(18)The people of
			 the Russian Federation, like people everywhere, deserve to have their human
			 rights and fundamental freedoms respected. Human rights and fundamental
			 freedoms are inalienable and universal in character and thus bind all
			 states.
				303.DefinitionsIn this title:
				(1)Admitted;
			 alienThe terms
			 admitted and alien have the meanings given those
			 terms in section 101 of the Immigration and Nationality Act (8 U.S.C.
			 1101).
				(2)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means—
					(A)the Committee
			 on Armed Services, the Committee on Financial Services, the Committee on
			 Foreign Affairs, the Committee on Homeland Security, and the Committee on the
			 Judiciary of the House of Representatives; and
					(B)the Committee
			 on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the
			 Committee on Foreign Relations, the Committee on Homeland Security and
			 Governmental Affairs, and the Committee on the Judiciary of the Senate.
					(3)Financial
			 institutionThe term financial institution has the
			 meaning given that term in section 5312 of title 31, United States Code.
				(4)United
			 States personThe term United States person
			 means—
					(A)a United
			 States citizen or an alien lawfully admitted for permanent residence to the
			 United States; or
					(B)an entity
			 organized under the laws of the United States or of any jurisdiction within the
			 United States, including a foreign branch of such an entity.
					304.Identification
			 of persons responsible for the detention, abuse, and death of Sergei Magnitsky
			 and other gross violations of human rights
				(a)In
			 generalNot later than 120 days after the date of the enactment
			 of this Act, the Secretary of State, in consultation with the Secretary of the
			 Treasury, shall submit to the appropriate congressional committees a list of
			 each person the Secretary of State determines—
					(1)(A)is responsible for the
			 detention, abuse, or death of Sergei Magnitsky;
						(B)participated in efforts to conceal the
			 legal liability for the detention, abuse, or death of Sergei Magnitsky;
						(C)benefitted financially from the
			 detention, abuse, or death of Sergei Magnitsky; or
						(D)was involved in the criminal
			 conspiracy uncovered by Sergei Magnitsky;
						(2)is
			 responsible for extrajudicial killings, torture, or other gross violations of
			 internationally recognized human rights committed against individuals
			 seeking—
						(A)to expose
			 illegal activity carried out by officials of the Government of the Russian
			 Federation; or
						(B)to obtain,
			 exercise, defend, or promote internationally recognized human rights and
			 freedoms, such as the freedoms of religion, expression, association, and
			 assembly and the rights to a fair trial and democratic elections, anywhere in
			 the world; or
						(3)acted as an agent
			 of or on behalf of a person in a matter relating to an activity described in
			 paragraph (1) or (2).
					(b)UpdatesThe
			 Secretary of State shall update the list required by subsection (a) as new
			 information becomes available.
				(c)Removal
			 from listA person shall be removed from the list required by
			 subsection (a) if the Secretary of State determines that the person did not
			 engage in the activity for which the person was added to the list.
				(d)Form of list;
			 public availability
					(1)In
			 generalExcept as provided in paragraph (2), the list required by
			 subsection (a) shall be submitted in unclassified form.
					(2)Classified
			 annexThe list required by subsection (a) may include a
			 classified annex if the Secretary of State—
						(A)determines that
			 it is necessary for the national security interests of the United States to do
			 so; and
						(B)prior to
			 submitting the list including a classified annex, provides to the appropriate
			 congressional committees notice of, and a justification for, including each
			 person in the classified annex.
						(3)Review of
			 classified annexNot later than 300 days after the date of the
			 enactment of this Act, and annually thereafter, the Secretary shall—
						(A)review the
			 classified annex, if any, included in the list required by subsection (a);
			 and
						(B)provide to the
			 appropriate congressional committees a justification for continuing to include
			 each person in the classified annex.
						(4)Public
			 availability of unclassified portionThe unclassified portion of
			 the list required by subsection (a) shall be published in the Federal
			 Register.
					(e)Requests by
			 chairperson and ranking member of appropriate congressional committees
					(1)In
			 generalNot later than 120 days after receiving a written request
			 from the chairperson and the ranking member of one of the appropriate
			 congressional committees with respect to whether a person meets the criteria
			 for being added to the list required by subsection (a), the Secretary of State
			 shall submit a response to the committee the chairperson and ranking member of
			 which made the request with respect to whether or not the Secretary determines
			 that the person meets those criteria.
					(2)FormThe
			 Secretary of State may submit a response required by paragraph (1) in
			 classified form if the Secretary determines that it is necessary for the
			 national security interests of the United States to do so.
					(f)Nonapplicability
			 of confidentiality requirement with respect to visa recordsThe
			 Secretary of State shall publish the list required by subsection (a) without
			 regard to the requirements of section 222(f) of the Immigration and Nationality
			 Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to
			 the issuance or refusal of visas or permits to enter the United States.
				305.Inadmissibility
			 of certain aliens
				(a)Ineligibility
			 for visasAn alien is
			 ineligible to receive a visa to enter the United States and ineligible to be
			 admitted to the United States if the alien is on the list required by section
			 304(a).
				(b)Current
			 visas revokedThe Secretary of State shall revoke, in accordance
			 with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)),
			 the visa or other documentation of any alien who would be ineligible to receive
			 such a visa or documentation under subsection (a).
				(c)Waiver for
			 national security interestsThe Secretary of State may waive the
			 application of subsection (a) or (b) in the case of an alien if—
					(1)the Secretary
			 determines that such a waiver—
						(A)is necessary to
			 permit the United States to comply with the Agreement between the United
			 Nations and the United States of America regarding the Headquarters of the
			 United Nations, signed June 26, 1947, and entered into force November 21, 1947;
			 or
						(B)is in the
			 national security interests of the United States; and
						(2)prior to granting
			 such a waiver, the Secretary provides to the appropriate congressional
			 committees notice of, and a justification for, the waiver.
					306.Financial
			 measures
				(a)Freezing of
			 assetsThe Secretary of the
			 Treasury shall, pursuant to the International Emergency Economic Powers Act (50
			 U.S.C. 1701 et seq.), freeze and prohibit all transactions in all property and
			 interests in property of a person that the Secretary, in consultation with the
			 Secretary of State, determines has engaged in an activity described in
			 paragraph (1), (2), or (3) of section 304(a) if such property and interests in
			 property are in the United States, come within the United States, or are or
			 come within the possession or control of a United States person.
				(b)Waiver for
			 national security interestsThe Secretary of the Treasury may
			 waive the application of subsection (a) if the Secretary determines that such a
			 waiver is in the national security interests of the United States. Prior to
			 granting such a waiver, the Secretary shall provide to the appropriate
			 congressional committees notice of, and a justification for, the waiver.
				307.Report to
			 CongressNot later than 1 year
			 after the date of the enactment of this Act, and annually thereafter, the
			 Secretary of State and the Secretary of the Treasury shall submit to the
			 appropriate congressional committees a report on—
				(1)the actions taken to carry out this title,
			 including—
					(A)the number of
			 times and the circumstances in which persons described in section 304(a) have
			 been added to the list required by that section during the year preceding the
			 report; and
					(B)if few or no
			 such persons have been added to that list during that year, the reasons for not
			 adding more such persons to the list; and
					(2)efforts to
			 encourage the governments of other countries to impose sanctions that are
			 similar to the sanctions imposed under this title.
				IVPermanent normal
			 trade relations for Moldova
			401.FindingsCongress finds the following:
				(1)Moldova allows
			 its citizens the right and opportunity to emigrate, free of any heavy tax on
			 emigration or on the visas or other documents required for emigration and free
			 of any tax, levy, fine, fee, or other charge on any citizens as a consequence
			 of the desire of those citizens to emigrate to the country of their
			 choice.
				(2)Moldova has been
			 found to be in full compliance with the freedom of emigration requirements
			 under title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) since
			 1997.
				(3)Moldova acceded
			 to the World Trade Organization on July 26, 2001.
				402.Termination of
			 application of title IV of the Trade Act of 1974 to products of
			 Moldova
				(a)Presidential
			 determinations and extension of nondiscriminatory
			 treatmentNotwithstanding any provision of title IV of the Trade
			 Act of 1974 (19 U.S.C. 2431 et seq.), the President may—
					(1)determine that
			 such title should no longer apply to Moldova; and
					(2)after making a
			 determination under paragraph (1) with respect to Moldova, proclaim the
			 extension of nondiscriminatory treatment (normal trade relations treatment) to
			 the products of Moldova.
					(b)Termination of
			 applicability of title IVOn and after the date on which the
			 President extends nondiscriminatory treatment to the products of Moldova
			 pursuant to subsection (a), title IV of the Trade Act of 1974 (19 U.S.C. 2431
			 et seq.) shall cease to apply to Moldova.

		July 19, 2012
		Read twice and placed on the calendar


110 HR 578 IH: Access to Capital for Entrepreneurs Act of 2007
U.S. House of Representatives
2007-01-19
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. 578
IN THE HOUSE OF REPRESENTATIVES

January 19, 2007
Mr. Pomeroy (for himself, Mr. Manzullo, Mr. Souder, Mr. Moore of Kansas, and Mr. Bartlett of Maryland) 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 credit against income tax for qualified equity investments in certain small businesses.

1.Short titleThis Act may be cited as the Access to Capital for Entrepreneurs Act of 2007.
2.Equity investment in small business tax credit
(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:

45O.Equity investment in small business tax credit
(a)General ruleFor purposes of section 38, in the case of a qualified investor, the equity investment in small business tax credit determined under this section for the taxable year is an amount equal to 25 percent of the amount of each qualified equity investment made by the qualified investor during the taxable year.
(b)Credit amountFor purposes of determining the small business tax credit under subsection (a)—
(1)Limitation per qualified investorThe amount of qualified equity investments made by the qualified investor during the taxable year shall not exceed $500,000.
(2)Limitation per qualified small businessThe amount of qualified equity investments made by the qualified investor in a qualified small business during the taxable year shall not exceed $250,000.
(c)DefinitionsFor purposes of this section—
(1)Qualified investorThe term qualified investor means—
(A)an individual who qualifies as an accredited investor under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission, or
(B)a partnership with respect to which all of the partners are individuals who qualify as accredited investors under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission.
(2)Qualified equity investmentThe term qualified equity investment means the transfer of cash or cash equivalents in exchange for stock or capital interest in a qualified small business.
(3)Qualified small businessThe term qualified small business means a private small business concern (within the meaning of section 3 of the Small Business Act)—
(A)that meets the applicable size standard (as in effect on January 1, 2005) established by the Administrator of the Small Business Administration pursuant to subsection (a)(2) of such section, and
(B)has its principal place of business in the United States.For purposes of this section, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 qualified small business.
(d)Active business requirement
(1)In generalHolding stock in a qualified small business shall not be treated as a qualified equity investment unless, during substantially all of the qualified investor’s holding period for such stock, such qualified small business meets the active business requirements of paragraph (2).
(2)Requirements
(A)In generalFor purposes of paragraph (1), the requirements of this paragraph are met by a qualified small business for any period if during such period at least 80 percent (by value) of the assets of such qualified small business are used by such qualified small business in the active conduct of 1 or more qualified trades or businesses.
(B)Special rule for certain activitiesFor purposes of subparagraph (A), if, in connection with any future qualified trade or business, a qualified small business is engaged in—
(i)start-up activities described in section 195(c)(1)(A),
(ii)activities resulting in the payment or incurring of expenditures which may be treated as research and experimental expenditures under section 174, or
(iii)activities with respect to in-house research expenses described in section 41(b)(4), assets used in such activities shall be treated as used in the active conduct of a qualified trade or business. Any determination under this subparagraph shall be made without regard to whether a qualified small business has any gross income from such activities at the time of the determination.
(C)Qualified trade or businessFor purposes of this paragraph, the term qualified trade or business is as defined in section 1202(e)(3).
(D)Stock in other entities
(i)Look-thru in case of subsidiariesFor purposes of this subsection, stock and debt in any subsidiary entity shall be disregarded and the parent qualified small business shall be deemed to own its ratable share of the subsidiary’s assets, and to conduct its ratable share of the subsidiary’s activities.
(ii)Portfolio stock or securitiesA qualified small business shall be treated as failing to meet the requirements of subparagraph (A) for any period during which more than 10 percent of the value of its assets (in excess of liabilities) consists of stock or securities in other entities which are not subsidiaries of such qualified small business other than assets described in subparagraph (E)).
(iii)SubsidiaryFor purposes of this subparagraph, an entity shall be considered a subsidiary if the parent owns more than 50 percent of the combined voting power of all classes of stock entitled to vote, or more than 50 percent in value of all outstanding stock, of such entity.
(E)Working capitalFor purposes of subparagraph (A), any assets which—
(i)are held as a part of the reasonably required working capital needs of a qualified trade or business of the qualified small business, or
(ii)are held for investment and are reasonably expected to be used within 2 years to finance research and experimentation in a qualified trade or business or increases in working capital needs of a qualified trade or business, shall be treated as used in the active conduct of a qualified trade or business. For periods after the qualified small business has been in existence for at least 2 years, in no event may more than 50 percent of the assets of the qualified small business qualify as used in the active conduct of a qualified trade or business by reason of this subparagraph.
(F)Maximum real estate holdingsA qualified small business shall not be treated as meeting the requirements of subparagraph (A) for any period during which more than 10 percent of the total value of its assets consists of real property which is not used in the active conduct of a qualified trade or business. For purposes of the preceding sentence, the ownership of, dealing in, or renting of real property shall not be treated as the active conduct of a qualified trade or business.
(G)Computer software royaltiesFor purposes of subparagraph (A), rights to computer software which produces active business computer software royalties (within the meaning of section 543(d)(1)) shall be treated as an asset used in the active conduct of a trade or business.
(e)Certain purchases by qualified investor of its own stock
(1)Redemptions from qualified investor or related personStock acquired by the qualified investor shall not be treated as a qualified equity investment if, at any time during the 4-year period beginning on the date 2 years before the issuance of such stock, the qualified small business issuing such stock purchased (directly or indirectly) any of its stock from the qualified investor or from a person related (within the meaning of section 267(b) or 707(b)) to the qualified investor.
(2)Significant redemptionsStock issued by a qualified small business to a qualified investor shall not be treated as a qualified equity investment if, during the 2-year period beginning on the date 1 year before the issuance of such stock, such qualified small business made 1 or more purchases of its stock with an aggregate value (as of the time of the respective purchases) exceeding 5 percent of the aggregate value of all of its stock as of the beginning of such 2-year period.
(3)Treatment of certain transactionsIf any transaction is treated under section 304(a) as a distribution in redemption of the stock of any qualified small business, for purposes of subparagraphs (A) and (B), such qualified small business shall be treated as purchasing an amount of its stock equal to the amount treated as such a distribution under section 304(a).
(f)Special rule for related parties
(1)In generalNo credit shall be allowed under subsection (a) with respect to a qualified equity investment made by a qualified investor in a qualified small business that is a related party to the qualified investor.
(2)Related partyFor purposes of paragraph (1), a person is a related party with respect to another person if such person bears a relationship to such other person described in section 267(b) or 707(b), or if such persons are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52).
(g)Recapture of credit in certain cases
(1)In generalIf, at any time during the 3-year period beginning on the date that the qualified equity investment is made by the qualified investor, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount.
(2)Credit recapture amountFor purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of—
(A)the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if no credit had been determined under this section with respect to such investment, plus
(B)interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved.No deduction shall be allowed under this chapter for interest described in subparagraph (B).
(3)Recapture eventFor purposes of paragraph (1), there is a recapture event with respect to a qualified equity investment if such investment is sold, transferred, or exchanged by the qualified investor, but only to the extent that such sale, transfer, or exchange is not the direct result of a complete or partial liquidation of the qualified small business in which such qualified equity investment is made.
(4)Special rules
(A)Tax benefit ruleThe tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted.
(B)No credits against taxAny increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.
(h)Basis reductionThe basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment.
(i)Regulations
(1)In generalThe Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.
(2)Certification of qualified equity investmentSuch regulations shall require that a qualified investor—
(A)certify that the small business in which the equity investment is made meets the requirements described in subsection (c)(3), and
(B)include the name, address, and taxpayer identification number of such small business on the return claiming the credit under subsection (a).
(j)TerminationThis section shall not apply to qualified equity investments made in taxable years beginning after December 31, 2011..
(b)Credit made part of general business creditSubsection (b) of section 38 of such Code is amended by striking and at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting , and, and by adding at the end the following new paragraph:

(31)in the case of a taxpayer, the equity investment in small business tax credit determined under section 45O(a)..
(c)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45O. Equity investment in small business tax credit..

(d)Effective dateThe amendments made by this section shall apply to qualified equity investments made after the date of the enactment of this Act.


		IA
		112th CONGRESS
		2d Session
		H. J. RES. 114
		IN THE HOUSE OF REPRESENTATIVES

			June 29, 2012
			Mr. Quayle introduced
			 the following joint resolution; which was referred to the
			 Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States relative to construing provisions of law as having been
		  enacted pursuant to the power of Congress to lay and collect
		  taxes.

		That the following article is
			 proposed as an amendment to the Constitution of the United States, which shall
			 be valid to all intents and purposes as part of the Constitution when ratified
			 by the legislatures of three-fourths of the several States:

				 —
					No provision of law shall be construed as
				having been made in execution of the power of Congress to lay and collect taxes
				unless such provision is explicitly designated by Congress as a tax in such
				provision.
					.


116 HR 8763 IH: To direct the Director of National Intelligence to award contracts or grants, or enter into transactions other than contracts, to encourage microelectronics research in support of artificial intelligence.
U.S. House of Representatives
2020-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8763IN THE HOUSE OF REPRESENTATIVESNovember 17, 2020Mr. Krishnamoorthi (for himself and Mr. Stewart) introduced the following bill; which was referred to the Permanent Select Committee on IntelligenceA BILLTo direct the Director of National Intelligence to award contracts or grants, or enter into transactions other than contracts, to encourage microelectronics research in support of artificial intelligence.1.Seedling investment in next-generation microelectronics in support of artificial intelligence(a)FindingsCongress finds that—(1)developing faster, more energy efficient, and more resilient computing is important to the future of the national security of the United States and the leadership by the United States in artificial intelligence; and(2)multidisciplinary teams co-designing microelectronics for artificial intelligence will lead to unprecedented capabilities that will help ensure that the United States maintains its superiority in this worldwide competition for economic and national security.(b)Awards for research and developmentThe Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, shall award contracts or grants, or enter into transactions other than contracts, to encourage microelectronics research. (c)Use of fundsThe Director shall award contracts or grants to, or enter into transactions other than contracts with, entities under subsection (b) to carry out any of the following:(1)Advanced engineering and applied research into novel computing models, materials, devices, architectures, or algorithms to enable the advancement of artificial intelligence and machine learning.(2)Research efforts to—(A)overcome challenges with engineering and applied research of microelectronics, including with respect to the physical limits on transistors, electrical interconnects, and memory elements; or(B)promote long-term advancements in computing technologies, including by fostering a unified and multidisciplinary approach encompassing research and development into algorithm design, computing architectures, microelectronic devices and circuits, and the chemistry and physics of new materials.(3)Any other activity the Director determines would promote the development of microelectronics research.(d)Award amountsIn awarding contracts or grants, or entering into transactions other than contracts, under subsection (b), the Director may award not more than a total of $15,000,000.


114 SRES 627 ATS: Designating December 3, 2016, as “National Phenylketonuria Awareness Day”.
U.S. Senate

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

III114th CONGRESS2d SessionS. RES. 627IN THE SENATE OF THE UNITED STATESDecember 1, 2016Mr. Isakson (for himself and Ms. Baldwin) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating December 3, 2016, as National Phenylketonuria Awareness Day.

 Whereas phenylketonuria (in this preamble referred to as PKU) is a rare, inherited metabolic disorder that is characterized by the inability of the body to process the essential amino acid phenylalanine and which causes intellectual disability and other neurological problems, such as memory loss and mood disorders, when treatment is not started within the first few weeks of life;
 Whereas PKU is also referred to as Phenylalanine Hydroxylase Deficiency; Whereas newborn screening for PKU was initiated in the United States in 1963 and was recommended for inclusion in State newborn screening programs under the Newborn Screening Saves Lives Act of 2007 (Public Law 110–204);
 Whereas approximately 1 out of every 15,000 infants in the United States is born with PKU;
 Whereas PKU is treated with medical food; Whereas the 2012 Phenylketonuria Scientific Review Conference affirmed the recommendation of lifelong dietary treatment for PKU made by the National Institutes of Health Consensus Development Conference Statement 2000;
 Whereas, in 2014, the American College of Medical Genetics and Genomics and Genetic Metabolic Dieticians International published medical and dietary guidelines on the optimal treatment of PKU;
 Whereas medical foods are medically necessary for children and adults living with PKU; Whereas adults with PKU who discontinue treatment are at risk for serious medical issues, such as depression, impulse control disorder, phobias, tremors, and pareses;
 Whereas women with PKU must maintain strict metabolic control before and during pregnancy to prevent fetal damage;
 Whereas children born from untreated mothers with PKU may have a condition known as maternal phenylketonuria syndrome, which can cause small brains, intellectual disabilities, birth defects of the heart, and low birth weights;
 Whereas, although there is no cure for PKU, treatment involving medical foods, medications, and restriction of phenylalanine intake can prevent progressive, irreversible brain damage;
 Whereas access to health insurance coverage for medical food varies across the United States and the long-term costs associated with caring for untreated children and adults with PKU far exceed the cost of providing medical food treatment;
 Whereas gaps in medical foods coverage has a detrimental impact on individuals with PKU, their families, and society;
 Whereas scientists and researchers are hopeful that breakthroughs in PKU research will be forthcoming;
 Whereas researchers across the United States are conducting important research projects involving PKU; and
 Whereas the Senate is an institution that can raise awareness of PKU among the general public and the medical community: Now, therefore, be it

 That the Senate— (1)designates December 3, 2016, as National Phenylketonuria Awareness Day;
 (2)encourages all people in the United States to become more informed about phenylketonuria and the role of medical foods in treating phenylketonuria; and
 (3)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to the National PKU Alliance, a nonprofit organization dedicated to improving the lives of individuals with phenylketonuria.


		II
		111th CONGRESS
		1st Session
		S. 2837
		IN THE SENATE OF THE UNITED STATES

			December 4, 2009
			Mrs. Lincoln introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend part E of title IV of the Social Security Act to
		  examine and improve the child welfare workforce, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Child Welfare Workforce
			 Improvement Act.
		2.FindingsCongress finds the following:
			(1)(A)Research indicates that
			 child welfare staff face a variety of obstacles that hinder their effective
			 work with children and families in the child welfare system. These obstacles
			 include barriers described in subparagraphs (B) through (D).
				(B)High caseload and high workload levels
			 prevent child welfare staff from working intensively with children and families
			 and monitoring their progress carefully.
				(C)Child welfare staff report an absence
			 of sufficient access to supervision, mentoring, and professional advancement. A
			 lack of access to supervision, mentoring, and professional advancement
			 contributes to staff burnout and turnover.
				(D)States report difficulty hiring and
			 retaining quality child welfare staff. The average tenure of such a staff
			 member is less than 2 years. In addition to the increased cost of hiring and
			 training new child welfare staff, high turnover rates among such staff are
			 associated with multiple placements of children in foster care, longer lengths
			 of stays in foster care, lower rates of permanency, and failed efforts at
			 family reunification. Lengthy periods of foster care increase costs for child
			 welfare agencies, as maintaining children in foster care is more expensive than
			 adoption, reunification, or other permanency options.
				(2)Supervision,
			 staff preparation and training, caseloads, workloads, data and accountability,
			 working conditions, cultural competence, and leadership are key components of
			 an effective child welfare workforce. There are few incentives in Federal law
			 that encourage improvements in these key areas.
			(3)Current
			 restrictions on Federal funding under part E of title IV of the Social Security
			 Act for training of child welfare staff create barriers to staff and children
			 fully benefitting from this important program. The related Federal funding
			 procedures are linked to an outdated income eligibility requirement and
			 administered in a way that fails to recognize the scope of work and types of
			 staff who are working with children in the child welfare system.
			3.DefinitionsSection 475 of the Social Security Act (42
			 U.S.C. 675) is amended by adding at the end the following:

				(9)The term
				child welfare staff means—
					(A)employees of
				State, tribal, or local child welfare agencies, who are working with children
				and families that have contact with such a child welfare agency, in order to
				promote safety, permanence, and well-being for children and families;
				and
					(B)employees of
				State-licensed or State-approved nonprofit private agencies, who are working
				with children and families that have contact with a State, tribal, or local
				child welfare agency in order to promote safety, permanence, and well-being for
				children and families.
					(10)The term
				related professionals, used with respect to child welfare staff,
				means individuals employed by public or nonprofit private agencies in child-
				and family-serving fields including education, health, mental health, substance
				abuse prevention and treatment, juvenile justice, law enforcement, and domestic
				violence, who work with children and families that have contact with a State,
				tribal, or local child welfare
				agency.
				.
		4.Data collection
			 and research to increase accountability for outcomes for childrenPart E of title IV of the Social Security
			 Act (42 U.S.C. 670 et seq.) is amended by inserting after section 479B the
			 following:

				479C.Data
				collection and research to increase accountability for outcomes for
				children
					(a)National child
				welfare staff study
						(1)Study and
				reportThe Secretary shall
				enter into an agreement with the National Academy of Sciences, under which the
				National Academy of Sciences shall—
							(A)conduct a national study of child welfare
				staff, highlighting promising approaches, to—
								(i)examine and
				provide findings related to the demographic and other characteristics of child
				welfare staff, including compensation, academic degrees held, education and
				training received, and turnover;
								(ii)examine and
				provide findings regarding factors contributing to child welfare staff turnover
				and strategies that have been effective in reducing the turnover by type of
				child welfare services, including preventive, protective, foster care,
				independent living, adoption, and kinship care services;
								(iii)(I)examine and provide
				findings regarding strengths and challenges present in the working relationship
				between child welfare staff, legal and court staff, and other related
				professionals; and
									(II)make recommendations regarding how this
				working relationship may be improved;
									(iv)examine and
				provide findings, and make recommendations, regarding appropriate overall
				workloads and caseloads for all child welfare staff, including appropriate
				workloads and caseloads for supervisors, analyzed by type of child welfare
				staff member supervised, including those providing child welfare services,
				including preventive, protective, foster care, independent living, adoption,
				and kinship care services, and appropriate measurement of such overall
				workloads and caseloads;
								(v)(I)examine and provide
				findings related to policy and practice regarding education level and training
				requirements for child welfare staff by type of work, including providing
				preventive, protective, foster care, adoption, and kinship care services;
				and
									(II)make recommendations regarding
				appropriate education levels and training to ensure competent child welfare
				staff; and
									(vi)(I)examine and provide
				findings related to the kinds of data available to or collected by State or
				local child welfare agencies with regard to child welfare staff;
									(II)examine the methods and kinds of data on
				child welfare staff that States report to the Secretary through the data
				collection systems authorized under section 103(c)(1)(C) of the Child Abuse
				Prevention and Treatment Act, section 477(f) of the Social Security Act (42
				U.S.C. 677(f)), and section 479 of that Act (42 U.S.C. 679);
									(III)make recommendations on how States
				might collect data on child welfare staff, including data on the type of work
				staff are performing, and report the data to the Secretary, regularly and in a
				manner that enables the data to be linked to the outcomes achieved for
				individual children served by the State or local child welfare agency involved,
				which shall include—
										(aa)a means of incorporating the data
				into the data collection system authorized under section 479 of the Social
				Security Act (42 U.S.C. 679); and
										(bb)as appropriate, a means of linking
				the data to the information collected through the data collection systems
				authorized under section 103(c)(1)(C) of the Child Abuse Prevention and
				Treatment Act and under section 477(f) of the Social Security Act (42 U.S.C.
				677(f)); and
										(IV)examine and provide findings regarding
				the impact of data collection procedures and requirements on child welfare
				staff, and make recommendations for collecting data on child welfare staff in
				such a way that the attention and time of child welfare staff are not diverted
				from providing services to children and families in order to meet data
				collection requirements; and
									(B)not later that 18
				months after the date on which the Secretary and the National Academy of
				Sciences enter into the agreement, submit a report containing the results of
				the study, including the findings and recommendations described in subparagraph
				(A), to the Secretary.
							(2)Consultation
				with Indian tribes and tribal organizationsThe agreement entered
				into by the Secretary and the National Academy of Sciences under paragraph (1)
				shall require that, in conducting the study described in that paragraph, the
				National Academy of Sciences shall consult with Indian tribes and tribal
				organizations (as defined in section 4 of the Indian Self-Determination and
				Education Assistance Act (25 U.S.C. 450b)) regarding any aspects of the study
				that will address tribal-specific or unique issues, concerns, or special
				circumstances with respect to Indian children and their families.
						(3)Report to
				CongressNot later than 3 months after receiving the report
				submitted under paragraph (1)(B), the Secretary shall transmit the report to
				the appropriate committees of Congress, along with a description of how the
				Secretary plans to consult with State administrators, Indian tribes and tribal
				organizations, child welfare staff, and other appropriate stakeholders to issue
				the proposed regulations described in subsection (b)(1).
						(4)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out paragraph (1), $5,000,000 for fiscal years 2010 through 2014.
						(b)Collection and
				reporting of data on child welfare staff
						(1)Proposed
				regulationsThe Secretary shall consult with State
				administrators, child welfare staff, and other appropriate stakeholders and,
				not later than 12 months after receiving the report described in subsection
				(a)(1)(B), shall issue proposed regulations, which shall—
							(A)be based on the
				recommendations in the report; and
							(B)require States to
				collect data on child welfare staff, and report the data to the Secretary,
				regularly and in a manner that enables the data to be linked to the outcomes
				achieved for individual children served by the State or local child welfare
				agency involved, which shall include—
								(i)a
				means of incorporating the data into the data collection system authorized
				under section 479 of the Social Security Act (42 U.S.C. 679); and
								(ii)as appropriate,
				a means of linking the data to the information collected through the data
				collection systems authorized under section 103(c)(1)(C) of the Child Abuse
				Prevention and Treatment Act and under section 477(f) of the Social Security
				Act (42 U.S.C. 677(f)).
								(2)Final
				regulationsNot later than 2 years after receiving the report
				described in subsection (a)(1)(B), the Secretary shall issue final regulations
				that meet the requirements of subparagraphs (A) and (B) of paragraph
				(1).
						.
		5.Removal of
			 barriers to providing training for child welfare staff and related
			 professionals under parts B and E of title IV of the Social Security
			 Act
			(a)Removal of
			 certain funding restrictions
				(1)In
			 generalSection 474 of the Social Security Act (42 U.S.C. 672) is
			 amended by adding at the end the following new subsection:

						(h)Training
				expenditures To develop and improve the child welfare workforce
							(1)De-linking of
				AFDC eligibility criteriaThe Secretary shall treat as necessary
				for the proper and efficient administration of the State plan all expenditures
				by a State for training activities described in subparagraph (A) or (B) of
				subsection (a)(3) without regard to whether individuals participating in such
				activities include individuals providing services or treatment to foster or
				adoptive children other than those on behalf of whom foster care maintenance
				payments, kinship guardianship assistance payments, or adoption assistance
				payments may be made under this part.
							(2)Removal of
				prohibition on funding State share from private sources for expenditures for
				training partnerships with private nonprofit educational
				institutionsWith respect to expenditures by a State for short-
				and long-term training at educational institutions through grants to such
				institutions or by direct financial assistance to students enrolled in such
				institutions for which Federal payments are provided under subparagraph (A) or
				(B) of subsection (a)(3) funds from private nonprofit educational institutions
				may be considered as the State's share in claiming Federal reimbursement for
				such expenditures without regard to any requirement that the funds—
								(A)be transferred to
				the State or local agency and under its administrative control;
								(B)be donated
				without any restriction which would require their use for the training of a
				particular individual or at particular facilities or institutions; or
								(C)do not revert to
				the private source's facility or use.
								(3)RequirementA
				State shall spend an amount equal to the amount of savings (if any) in State
				expenditures under this part resulting from the application of paragraphs (1)
				and (2) to all applicable children for a fiscal year to provide for workforce
				improvements to benefit children in the child welfare
				system.
							.
				(2)Conforming
			 amendmentsSection 474(a)(3) of the Social Security Act (42
			 U.S.C. 674(a)(3)) is amended—
					(A)in the matter
			 preceding subparagraph (A), by inserting subsection (h) and
			 before section 472(i);
					(B)in subparagraph
			 (A), by striking per centum and inserting
			 percent; and
					(C)in subparagraph
			 (B), by striking receiving assistance under this part.
					(b)Definition of
			 child welfare staff and related professionalsSection 474(a)(3)
			 of the Social Security Act (42 U.S.C. 674(a)(3)) is amended—
				(1)in the matter
			 preceding subparagraph (A), by striking for the provision of child
			 placement services and inserting to ensure safety, permanency,
			 and well-being for children;
				(2)in subparagraph
			 (A)—
					(A)by striking
			 personnel and inserting child welfare staff;
			 and
					(B)by inserting
			 or by State-licensed or State-approved nonprofit private
			 agencies, after political subdivision,; and
					(3)in subparagraph
			 (B) (as amended by subsection (a)(2)(C))—
					(A)by inserting
			 (i) after (B);
					(B)by adding
			 and after contract,; and
					(C)by adding at the
			 end the following new subclause:

							(ii)75 percent of so much of such
				expenditures as are for the short-term training of related professionals to the
				extent that such training pertains to the way in which those related
				professionals work with children and families that have contact with the State
				agency or the local agency administering the plan in the political
				subdivision,
							.
					(c)State plan
			 requirement for annual evaluation and assessment of training and staff
			 development activities under parts B and ESection 471(a)(7) of
			 the Social Security Act (42 U.S.C. 671(a)(7)) is amended—
				(1)by striking
			 will monitor and inserting “will—

						(A)monitor
						;
				(2)by adding
			 and after the semicolon; and
				(3)by adding the
			 following new subparagraph:

						(B)with respect to
				training activities for which Federal payments are provided under subparagraph
				(A) or (B) of 474(a)(3), establish and maintain a plan for evaluation of such
				activities, and of the child welfare services staff development and training
				conducted by the State in accordance with section 422(b)(4)(B), that includes
				at least an annual assessment of the nature of the such activities and such
				staff development and training, the types of staff trained and developed, and
				the intended and actual impact of the training and staff development activities
				on participating staff, and on children and
				families;
						.
				(d)Effective
			 Date
				(1)In
			 generalThe amendments made by this section shall take effect on
			 the 1st day of the 1st calendar quarter that begins on or after the date of the
			 enactment of this Act, without regard to whether regulations to implement the
			 amendment are promulgated by such date.
				(2)Delay permitted
			 if state legislation requiredIn the case of a State plan
			 approved under section 471 of the Social Security Act which requires State
			 legislation (other than legislation appropriating funds) in order for the plan
			 to meet the additional requirements imposed by the amendment made by subsection
			 (a) of this section, the State plan shall not be regarded as failing to comply
			 with the additional requirements solely on the basis of the failure of the plan
			 to meet the additional requirements before the first day of the first calendar
			 quarter beginning after the close of the first regular session of the State
			 legislature that begins after the date of the enactment of this Act. For
			 purposes of the previous sentence, in the case of a State that has a 2-year
			 legislative session, each year of such session shall be deemed to be a separate
			 regular session of the State legislature.
				6.Comprehensive
			 child welfare workforce improvement demonstration programPart E of title IV of the Social Security
			 Act (42 U.S.C. 670 et seq.), as amended by section 4, is amended by inserting
			 after section 479C the following:

				479D.Comprehensive
				child welfare workforce improvement demonstration program
					(a)PurposeThe purpose of this section is to establish
				a competitive child welfare workforce improvement demonstration program to
				assist eligible entities in developing and implementing child welfare workforce
				improvement plans to help facilitate implementation of the essential components
				of an effective child welfare workforce, throughout the child welfare
				continuum, from preventing child abuse and neglect through ensuring and
				supporting permanent families for children, in order to meet the needs of the
				children and families served by that workforce. Such plans shall be designed to
				ensure that the child welfare workforce—
						(1)is able to accurately assess and provide
				what children and families need;
						(2)has the resources needed to support its
				work; and
						(3)is connected to the communities and
				families it serves.
						(b)ApplicationAn
				eligible entity that desires to receive a demonstration grant under this
				section shall submit to the Secretary, at such time and in such manner as the
				Secretary may require, an application that includes information regarding how
				the entity shall implement each of the components required under the planning
				and implementation phases described in subsection (c).
					(c)Planning and
				implementation phases
						(1)Phase 1:
				Required planning components
							(A)Establishment
				of the Child Welfare Workforce Quality Improvement Task Force
								(i)In
				generalThe eligible entity shall ensure that the State agency
				responsible for administering programs under part B and this part establishes a
				Child Welfare Workforce Quality Improvement Task Force (in this section
				referred to as the Task Force), with broad representation from
				those groups that have a stake in child welfare workforce improvements,
				including representatives of public and private child welfare agencies, schools
				of social work and other educational institutions that prepare child welfare
				workers for employment, labor unions representing the child welfare workforce,
				court personnel, advocates for children and families, youth and parents who
				have been involved in the child welfare system, and, where possible,
				researchers who have studied the child welfare workforce.
								(ii)Application
				descriptionThe application submitted under subsection (b) shall
				include a description of the members of the Task Force, the role of the Task
				Force in guiding the assessment of the child welfare workforce, and the
				development, implementation, and ongoing monitoring of a plan for improving the
				quality of the child welfare workforce, and whether the Task Force is a new
				stand-alone entity, an already constituted entity, or a newly established
				entity that has been added to an overarching quality improvement workforce
				group in the State.
								(B)Assessment of
				the Child Welfare Workforce
								(i)In
				generalThe eligible entity, in collaboration with the Task
				Force, shall conduct an assessment of the adequacy of support for the child
				welfare workforce in each of the areas described in clause (iii) and shall
				propose improvements, with specific reference to the goals to be
				achieved.
								(ii)Application
				descriptionThe application submitted under subsection (b) shall
				include a description of how the assessment required under clause (i) is to be
				conducted and by whom, the extent to which staff and management will be
				involved in the assessment, and the amount of effort underway to support the
				workforce in each of the areas described in clause (iii).
								(iii)Areas
				describedThe areas described in this clause are the
				following:
									(I)Area
				1The ability of the child welfare workforce to accurately assess
				and provide what children and families need including provisions for—
										(aa)education and
				training of child welfare staff prior to employment;
										(bb)ongoing training
				and professional development activities;
										(cc)supervision and
				mentoring of staff;
										(dd)compensation,
				including salary and benefits; and
										(ee)promotion of
				positive leadership and leadership skills to help workers carry out their
				responsibilities.
										(II)Area
				2The adequacy of the resources necessary to support the child
				welfare workforce’s work with children and families including—
										(aa)the
				manageability of caseload and workloads carried by workers, supervisors and
				managers;
										(bb)the
				appropriateness of the organizational environment to the agency’s
				mission;
										(cc)efforts being
				taken to promote recruitment, selection, and retention;
										(dd)the
				effectiveness of oversight and accountability mechanisms in regularly assessing
				performance;
										(ee)the timeliness
				and accuracy of data available to the child welfare staff for use in case
				management;
										(ff)the quality of
				practice enhancing research and evaluations available to the child welfare
				staff;
										(gg)access to
				services and resources available to children and families at the Federal,
				State, and local levels and within and across child serving systems;
										(hh)appropriate
				supports to address the physical and emotional challenges facing staff,
				including secondary trauma, and technological resources to assist the staff and
				enhance their safety;
										(ii)safety and
				suitability of the working conditions encountered by staff;
										(jj)funding for
				workforce improvements; and
										(kk)the ability to
				monitor and evaluate workforce improvements and their impact on the
				workforce.
										(III)Area
				3The supports to help connect the child welfare workforce to the
				children and families it serves including—
										(aa)strategies to
				improve workers’ cultural competence and sensitivity;
										(bb)the knowledge
				and skills necessary to engage and build on the strengths of children and
				families and the community to promote effective work with them; and
										(cc)the capacity to
				work with and educate staff and others from community agencies and
				organizations (such as education, health, mental health, substance abuse
				prevention and treatment, juvenile justice, law enforcement, and domestic
				violence agencies and organizations, and courts) about the work of child
				welfare agencies with children and families.
										(C)Report on the
				needs assessmentThe application submitted under subsection (b)
				shall include an assurance that, if a grant is received, the eligible entity
				shall provide at the end of the planning year, a report on the assessment
				conducted under subparagraph (B), that includes the findings from the
				assessment, the areas identified as needing improvement, the goals for making
				those improvements, and the rationale for targeting those goals.
							(D)Permission to
				By-pass the Planning PhaseAn eligible entity that has already
				conducted a child welfare workforce needs assessment may submit a report that
				includes the information required under subparagraph (C) in lieu of receiving
				grant funds for conducting the assessment required under subparagraph
				(B).
							(2)Phase 2:
				required implementation components for child welfare workforce
				improvementsAn eligible entity that has completed the phase 1
				required components described in paragraph (1), or has bypassed the planning
				phase pursuant to subparagraph (D) of such paragraph, and that intends to
				continue to participate in the demonstration program, shall submit a phase 2
				application that contains the following:
							(A)Report on needs
				assessmentA copy of the report required under paragraph
				(1)(C).
							(B)Statement of
				goalsA description of the annual and interim goals for improving
				the child welfare workforce that the eligible entity plans to achieve with
				funds awarded under the demonstration program, which shall include at least 1
				goal for each of the areas identified in the report on needs assessment as
				needing improvement, unless the eligible entity can justify why a goal for the
				area is not necessary.
							(C)Proposed use of
				fundsA description of how the eligible entity proposes to use
				such funds to achieve the goals described in subparagraph (B) and how such
				activities are expected to improve the child welfare workforce and child
				outcomes, and which may include training and technical assistance, data and
				technological resources, recruitment and retention strategies, oversight and
				accountability mechanisms, monitoring and evaluation mechanisms, community
				outreach activities, and other activities intended to improve the quality of
				the child welfare workforce in particular areas, improve child outcomes and
				assist eligible entities with implementation of program improvement plans and
				performance in the program reviews conducted under section 1123A.
							(D)Progress
				indicatorsA description of what indicators will be used to
				measure progress in achieving the annual and interim goals specified in
				subparagraph (B) and how the Child Welfare Workforce Quality Improvement Task
				Force established under paragraph (1)(A) shall be involved in monitoring such
				progress.
							(d)Number of
				grants; duration; amount and matching requirements; preferences
						(1)In
				generalThe Secretary may award not more than 15 grants to carry
				out phase 1 under this subsection and not more than 15 grants to carry out
				phase 2.
						(2)DurationA
				phase 1 planning grant shall be awarded for a 1-year period. A phase 2 grant
				shall be awarded for a period that is not less than 4 years but not more than 5
				years. A phase 2 grant may be terminated before the end of the period for which
				the grant is awarded if the eligible entity receiving the grant requests that
				it be terminated or the Secretary determines that the entity has not made
				sufficient progress toward achieving the annual and interim goals identified in
				the application for the grant.
						(3)Amount and
				matching requirements
							(A)Phase 1
				planning grantsA phase 1 planning grant awarded to an eligible
				entity shall not exceed $100,000 and the eligible entity shall be required to
				provide 25 percent of the costs attributable to carrying out the activities
				specified in the grant application.
							(B)Phase 2
				implementation grants
								(i)In
				generalA phase 2 implementation grant awarded to an eligible
				entity shall be not less than $250,000 for each year for which the grant is
				awarded and the eligible entity shall be required to provide the applicable
				percentage of the costs attributable to carrying out the activities specified
				in the grant application.
								(ii)Applicable
				percentageFor purposes of clause (i), the applicable percentage
				specified in this clause is—
									(I)in the first year
				for which the grant is awarded, 10 percent; and
									(II)in the second
				and third such years, 15 and 20 percent, respectively; and
									(III)in the fourth,
				and if applicable, fifth such years, 25 percent.
									(C)Determination
				of amount of non-federal contribution; limitation on in-kind
				contributions
								(i)In
				generalSubject to clause (ii), non-Federal funds required to be
				provided under subparagraphs (A) and (B) may be in cash or in kind, fairly
				evaluated, including plant, equipment, or service. Amounts provided by the
				Federal Government, and any portion of any service subsidized by the Federal
				Government, may not be included in determining the amount of such non-Federal
				funds.
								(ii)Limitation on
				in-kind contributionsAt least 50 percent of the non-Federal
				funds required to be provided under subparagraphs (A) and (B) shall be in
				cash.
								(iii)SourcesAn
				entity that an eligible entity has established a partnership or collaboration
				with for purposes of carrying out activities under a grant awarded under this
				section may be a source of contributions for the non-Federal funds the eligible
				entity is required to provide under subparagraphs (A) and (B).
								(4)PreferencesIn
				awarding grants under the demonstration program, the Secretary shall give
				preference to awarding grants to eligible entities that demonstrate in the
				grant application that the entity has established partnerships or
				collaborations with other entities, such as private nonprofit agencies,
				universities or colleges, and other entities that advocate for improvements in
				the child welfare workforce to improve outcomes for children and
				families.
						(e)Technical
				assistance and evaluation
						(1)Technical
				assistance
							(A)In
				generalThe Secretary shall request the National Child Welfare
				Workforce Institute to provide technical assistance to eligible entities
				awarded grants under the demonstration program through the period for which
				such grants are awarded and, in providing such assistance, to collaborate with
				the National Resource Center for Tribes established under the Administration
				for Children and Families of the Department of Health and Human Services with
				respect to activities carried out under such grants that affect tribal welfare
				programs or Indian children and their families.
							(B)Specific
				requirementsThe technical assistance provided in accordance with
				subparagraph (A) shall be designed to assist eligible entities in assessing
				their child welfare workforce, identifying the improvements that have been made
				with respect to such workforce and those still needed, and developing and
				implementing a work plan for implementing the components of an effective child
				welfare workforce described in subsection (a).
							(2)EvaluationThe
				Secretary shall, by grant, contract, or interagency agreement, conduct an
				evaluation of the demonstration program established under this section. Such
				evaluation shall include an assessment of the gains made by eligible entities
				in achieving an effective child welfare workforce, the activities and methods
				used in making such achievements, and the impact on outcomes for children and
				families.
						(f)Reward for
				successful achievement of implementation goalsIf, upon the
				conclusion of the last year for which a phase 2 implementation grant is awarded
				to an eligible entity, the Secretary determines that the entity has
				successfully achieved the goals identified in subsection (c)(2)(B):
						(1)Increase in
				federal matching rateIf the entity is a State or Indian tribal
				organization or consortium, section 474(a)(3)(E) shall be applied to the State
				or Indian tribal organization or consortium, by substituting 53
				percent for one-half with respect to amounts expended
				for fiscal year quarters during the 5-year period that begins with the first
				fiscal year quarter that begins after the end of the last fiscal year quarter
				for which a grant is awarded under this section.
						(2)Payments to
				countiesIf the entity is a county or a consortium of counties,
				the Secretary shall—
							(A)require the State
				in which the county or consortium is located, as a condition for receiving
				payments under section 474(a)(3)(E) for the first fiscal year quarter of the
				5-year period described in paragraph (1), to include in the cost report
				submitted by the State for the quarter the aggregate administrative costs
				incurred by the county or consortium in carrying out the grant (for all years
				for which the grant was conducted by the county or consortium);
							(B)increase the
				amount paid to the State under section 474(a)(3)(E) for such quarter by an
				amount equal to 53 percent of such aggregate administrative costs; and
							(C)require the
				State, as a condition for receiving payments under such section for such
				quarter, to pass-through the additional amount paid to the State under
				subparagraph (B) to the county or consortium.
							(g)Definition of
				eligible entityIn this section, the term eligible
				entity means—
						(1)for purposes of
				phase 1 of the demonstration program established under this section, the State
				agency responsible for administering part B and this part, or an Indian tribal
				organization or a consortium of such organizations with an approved plan under
				section 479B. Such term may include a county, or a consortium of counties, with
				more than 1,000,000 residents, but only if the State agency responsible for
				administering part B and this part for the State in which the county is located
				does not submit an application to participate in such phase; and
						(2)for purposes of
				phase 2 of such demonstration program, an eligible entity awarded a grant for
				phase 1 that successfully completed the required components of that phase or
				bypassed that phase pursuant to subsection (c)(1)(D).
						(h)Appropriation
						(1)In
				generalSubject to paragraphs (2) and (3), out of any money in
				the Treasury of the United States not otherwise appropriated, there are
				appropriated to the Secretary for the purposes of awarding—
							(A)phase 1 planning
				grants under the demonstration program established under this section.
				$1,500,000 for fiscal year 2010; and
							(B)phase 2
				implementation grants for child welfare workforce improvements, $5,000,000 for
				each of fiscal years 2011 through 2014.
							(2)LimitationNot
				more than $1,000,000 of the amount appropriated for fiscal year 2010 may be
				awarded to up to 4 eligible entities that pursuant to subsection (c)(1)(D)
				submit a report in lieu of receiving grant funds for conducting the assessment
				required under subsection (c)(1)(B).
						(3)ReservationThe
				Secretary shall reserve an amount equal to 5 percent of the amount appropriated
				under paragraph (1)(B) for each fiscal year for purposes of conducting the
				technical assistance, including technical assistance requested to be provided
				by the National Child Welfare Workforce Institute, and the evaluation required
				under subsection
				(e).
						.
		7.Application to
			 Indian tribes and tribal organizationsFor purposes of applying this Act or any
			 amendment made by this Act to an Indian tribe or tribal organization (as
			 defined in section 4 of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 450b)), the Secretary of Health and Human Services may waive or
			 modify any provision of this Act or such an amendment if the Secretary
			 determines that the waiver or modification would alleviate or prevent an undue
			 burden on the Indian tribe or tribal organization, promote the health and
			 safety of children, or otherwise advance the purposes of this Act.


		II
		111th CONGRESS
		2d Session
		S. 3401
		IN THE SENATE OF THE UNITED STATES

			May 24, 2010
			Mr. Burr (for himself
			 and Mr. Coburn) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for the use of unobligated discretionary
		  stimulus dollars to address AIDS Drug Assistance Program waiting lists and
		  other cost containment measures impacting State ADAP programs.

		1.Short
			 titleThis Act may be cited as
			 the Addressing Cost Containment
			 Measures To Ensure the Sustainability and Success of ADAP
			 Act or the ACCESS ADAP Act.
		2.AIDS drug
			 assistance programs
			(a)TransferThere shall be transferred to the Secretary
			 of Health and Human Services, $126,000,000 from discretionary amounts
			 appropriated under the American Recovery and Reinvestment Act (Public Law
			 111–5) that remain unobligated, to be used by the Secretary in fiscal year 2010
			 to provide assistance in reducing AIDS Drug Assistance Program (under section
			 2616 of the Public Health Service Act (42 U.S.C. 300ff–26)) waiting lists and
			 to address other cost containment measures that State AIDS Drug Assistance
			 Programs implement after January 1, 2009. Amounts transferred under this
			 section shall be used by States in a manner consistent with their State AIDS
			 Drug Assistance Program.
			(b)AllocationsIn
			 allocating funds transferred under subsection (a), the Secretary of Health and
			 Human Services shall—
				(1)give special
			 consideration to both the total scope, and the basis, of a State's AIDS Drug
			 Assistance Program needs, including the total number of patients on a waiting
			 list, eligibility requirements, and other cost containment measures implemented
			 by a State's AIDS Drug Assistance Program; and
				(2)ensure that funds
			 shall only be used to provide treatments to individuals who were eligible to
			 participate in the State AIDS Drug Assistance Program on the date of enactment
			 of this Act.