116 S126 IS: Native American Millennium Challenge Demonstration Act
U.S. Senate
2019-01-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 126IN THE SENATE OF THE UNITED STATESJanuary 15, 2019Ms. Murkowski (for herself and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo direct the Secretary of the Interior to establish a demonstration program to adapt the
			 successful practices of providing foreign aid to underdeveloped economies
			 to the provision of Federal economic development assistance to Native
			 communities in similarly situated remote areas in the United States, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Native American Millennium Challenge Demonstration Act. 2.PurposesThe purposes of this Act are—
 (1)to adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities;
 (2)to provide Federal economic development assistance for Native American communities through the Native American Challenge Demonstration Project;
 (3)to administer Federal economic development assistance in a manner that— (A)promotes economic growth and the elimination of poverty;
 (B)strengthens good governance, entrepreneurship, and investment in Native American communities; and (C)builds the capacity of Native people to grow sustainable local economies;
 (4)to improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of the assistance in remote Native American communities;
 (5)to promote sustainable economic growth and poverty reduction policies in remote Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving the cultural values of those communities; and
 (6)to establish a demonstration project within remote areas of noncontiguous States that experience high levels of poverty and lack access to traditional transportation infrastructure (highways, railways, and ports), which, if successful, could potentially benefit other Native American communities in the United States.
 3.DefinitionsIn this Act: (1)CompactThe term compact means a binding agreement with the United States entered into pursuant to this Act.
 (2)Economic development strategyThe term economic development strategy means a strategy— (A)written by an eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period; and
 (B)developed in consultation with public and private sector entities, as appropriate to the geographic area and intended beneficiaries of the compact.
				(3)Eligible entity
 (A)In generalThe term eligible entity means a consortium of Native organizations in a noncontiguous State, with priority given to organizations serving regions with the highest poverty levels.
 (B)AlaskaIn the State of Alaska, a consortium shall be comprised of not more than 2 regional Alaska Native nonprofit organizations, to be determined by the Secretary, in consultation with statewide Alaska Native organizations.
 (C)HawaiiIn the State of Hawaii, a consortium shall be comprised of local Native Hawaiian nonprofit organizations that serve the interests of Native Hawaiians and in which Native Hawaiians serve in leadership and substantive policymaking positions.
 (4)Indian tribeThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (5)SecretaryThe term Secretary means the Secretary of the Interior. 4.Millennium challenge demonstration project (a)EstablishmentThe Secretary shall establish and implement in the Department of the Interior a demonstration project, to be known as the Native American Millennium Challenge Demonstration Project (referred to in this section as the demonstration project).
 (b)Authorization of assistanceIn carrying out the demonstration project, the Secretary may provide assistance to any eligible entity that enters into a compact with the United States pursuant to this Act.
 (c)Form of assistanceAssistance under the demonstration project— (1)shall be provided in the form of funding agreements established under the applicable compact;
 (2)may not be provided in the form of loans; and (3)may not be used for gaming activities conducted under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
				(d)Coordination
 (1)In generalThe Secretary shall coordinate the provision of assistance under the demonstration project, to the maximum extent practicable, with the Federal agencies listed in paragraph (2) that administer economic development assistance programs for Native Americans and in consultation with the Millennium Challenge Corporation. The Department of the Interior shall be the lead Federal agency responsible for the coordination and consultation under this paragraph.
 (2)AgenciesThe Federal agencies referred to in paragraph (1) are— (A)the Department of Agriculture;
 (B)the Department of Commerce; (C)the Department of Energy;
 (D)the Department of Health and Human Services; (E)the Department of Housing and Urban Development; and
 (F)the Small Business Administration. (3)Integrated fundingNotwithstanding any other provision of law, the Secretary’s execution of a compact with an eligible entity shall authorize the eligible entity to be the designated applicant for, or recipient of, funds appropriated pursuant to section 7 and economic development assistance program funding that would otherwise be provided to an Indian Tribe located in the region or regions served by the eligible entity. The eligible entity shall integrate funds appropriated pursuant to section 7 and any such program funding and the operation of the programs’ services into a single, coordinated program under a demonstration project.
 (4)Competitive fundingAn eligible entity may only be considered a designated applicant for funding from a competitive program that would otherwise be provided to an Indian Tribe located in the region or regions served by the eligible entity if—
 (A)an Indian Tribe located in the region or regions served by the eligible entity designates the eligible entity in a resolution passed by its governing body as authorized to apply for the funding in lieu of the Indian Tribe and forgoes applying for the funding;
 (B)the Indian Tribe has submitted the resolution to the Secretary and any Secretary who administers the program; and
 (C)the applicable Secretaries have certified in writing to the eligible entity that they are in receipt of the resolution.
 (5)Other fundingAn eligible entity may only be considered a designated recipient of funding from a formula based program or noncompetitive program that is otherwise provided to a particular Indian Tribe located in the region or regions served by the eligible entity if—
 (A)the Indian Tribe designates the eligible entity in a resolution passed by its governing body as authorized to receive the funding in lieu of the Indian Tribe and forgoes receipt of the funding;
 (B)the Indian Tribe has submitted the resolution to the Secretary and any Secretary that administers the program; and
 (C)the applicable Secretaries have certified in writing to the eligible entity that they are in receipt of the resolution.
 (6)Authority to rescindAn Indian Tribe that has submitted a designating resolution under this subsection may, at any time, submit to the applicable Secretaries a resolution passed by its governing body that rescinds the designating resolution.
				(e)Waiver authority
 (1)In generalOn receipt of an executed compact, the Secretary shall consult with the eligible entity that is a party to the compact and coordinate with the Secretary of each Federal agency that provides funds to be used to implement the compact to identify any waiver of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement the compact.
 (2)AgenciesThe head of the Federal agency to which the Federal funds were appropriated may waive (in whole or in part) the application, solely to such funds that are being used to implement the compact, of any statutory, regulatory, or administrative requirement that such agency head—
 (A)is otherwise authorized to waive (in accordance with the terms and conditions of such other authority); and
 (B)is not otherwise authorized to waive, provided that in such case the agency head shall— (i)not waive any requirement related to nondiscrimination, wage and labor standards, or allocation of funds to State and sub-State levels;
 (ii)issue a written determination, prior to granting the waiver, with respect to such discretionary funds that the granting of such waiver for purposes of the compact—
 (I)is consistent with both— (aa)the statutory purposes of the Federal program for which such funds were appropriated; and
 (bb)the other provisions of this section; (II)is necessary to achieve the outcomes of the compact, and is no broader in scope than is necessary to achieve such outcomes; and
 (III)will result in either— (aa)realizing efficiencies by simplifying reporting burdens or reducing administrative barriers with respect to such funds; or
 (bb)increasing the ability of individuals to obtain access to services that are provided by such funds; and
 (iii)provide at least 60 days advance written notice to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate.
						5.Challenge compacts
			(a)Compacts
 (1)In generalThe Secretary shall develop and recommend procedures for consideration of proposals for compacts submitted by eligible entities.
 (2)AssistanceThe Secretary may provide assistance to an eligible entity only if the eligible entity enters into a compact with the United States, to be known as a Native American Challenge Compact, that establishes a multiyear plan for achieving development objectives in furtherance of the purposes of this Act.
 (b)ApplicationsThe Secretary shall develop and recommend procedures for considering applications for compacts submitted by eligible entities.
 (c)Criteria for selection of eligible entitiesThe Secretary shall develop an application process and criteria for selecting eligible entities to enter into compacts under this Act, taking into consideration—
 (1)the purposes of this Act; (2)the economic development strategy of the eligible entity;
 (3)the remoteness of the communities to be served by the eligible entity; (4)the general economic status of the communities to be served by the eligible entity; and
 (5)poverty rates within the communities to be served by the eligible entity. (d)Assistance for development of compactsTo the extent that funds are appropriated in advance to carry out this section, the Secretary may enter into contracts with, or make grants to, any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity.
			(e)Duration and extension
 (1)DurationThe term of an initial compact under this section shall be for 5 years. (2)Subsequent compactsAn eligible entity and the United States may enter into 1 or more subsequent compacts in accordance with this Act.
 (3)ExtensionsIf a compact is approaching expiration or has expired, the eligible entity that is a party to the compact and the United States may renegotiate or extend the compact for such number of terms as the parties may agree, with each term not to exceed 10 years.
 (f)ElementsIn furtherance of the economic development strategy of the applicable eligible entity, each compact shall contain—
 (1)a description of the specific objectives for the sustainable economic development and reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact;
 (2)a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of those objectives;
 (3)a list and description of regular benchmarks to measure progress toward achieving those objectives; (4)an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable; and
 (5)a multiyear financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of paragraphs (1) through (4) are being met.
				(g)Suspension and termination of assistance
 (1)In generalThe Secretary may suspend or terminate assistance, in whole or in part, for an eligible entity that has entered into a compact with the United States if the Secretary determines that the eligible entity—
 (A)failed to meet the responsibilities of the eligible entity under the compact; or (B)engaged in a pattern of actions that is inconsistent with the purposes of this Act.
 (2)ReinstatementThe Secretary may reinstate assistance for an eligible entity only if the Secretary determines that the eligible entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under paragraph (1).
				6.Program assessments and reports
 (a)Reports of eligible entitiesNot later than March 15 each year, each eligible entity shall prepare and submit to the Secretary a written report describing the assistance provided to the eligible entity under this Act during the preceding fiscal year.
 (b)Report contentsA report required under subsection (a) shall include— (1)a description of the amount of obligations and expenditures for assistance provided during the preceding fiscal year;
 (2)a description of the programs and activities conducted by the eligible entity in furtherance of the economic development strategy of the eligible entity and the purposes of this Act;
 (3)an assessment of the effectiveness of the assistance provided and progress made by the eligible entity toward achieving the economic development strategy of the eligible entity and the purposes of this Act; and
 (4)such other information as the eligible entity considers to be relevant, taking into consideration the purposes of this Act.
 (c)Submission to CongressNot later than May 15 each year, the Secretary shall submit the reports required under subsection (a), with such other information as the Secretary considers to be relevant, to—
 (1)the Committee on Natural Resources of the House of Representatives; and (2)the Committee on Indian Affairs of the Senate.
				7.Authorization of appropriations
			(a)Authorization
 (1)In generalThere is authorized to be appropriated to carry out this Act $8,000,000 for each of fiscal years 2020 through 2025, to remain available until expended.
 (2)Unappropriated amountsAny funds authorized but not appropriated for any fiscal year under paragraph (1) may be appropriated for a subsequent fiscal year, subject to the condition that the cumulative amount authorized to be appropriated for any of fiscal years 2020 through 2025 shall not exceed $40,000,000.
 (b)Administrative fundsOf the funds made available to carry out this Act, not more than 5 percent may be used by the Secretary for the administrative expenses of carrying out this Act and oversight of programs under this Act.


		III
		111th CONGRESS
		2d Session
		H. CON. RES. 328
		IN THE SENATE OF THE UNITED
		  STATES

			November 17, 2010
			Received and referred to the
			 Committee on the
			 Judiciary

		CONCURRENT RESOLUTION
		Expressing the sense of the Congress
		  regarding the successful and substantial contributions of the amendments to the
		  patent and trademark laws that were initially enacted in 1980 by
		  Public Law
		  96–517 (commonly referred to as the Bayh-Dole
		  Act) on the occasion of the 30th anniversary of its
		  enactment.

		Whereas Article I, Section 8, Clause 8, of the United
			 States Constitution provides that Congress shall have Power to promote
			 the Progress of Science and useful Arts, by securing for limited Times to
			 Authors and Inventors the exclusive Right to their respective Writings and
			 Discoveries;
		Whereas the United States Government is one of the largest
			 funders of research in the world, but that research does not fully benefit
			 American taxpayers unless it contributes new products and processes to the
			 marketplace, thereby creating new companies and jobs, and solving societal
			 problems;
		Whereas the commercial development of discoveries and
			 inventions falls upon private sector entrepreneurs, often requiring millions of
			 dollars in development funding over many years, and even then commercial
			 success is uncertain at best;
		Whereas by enacting
			 Public Law
			 96–517 (commonly referred to as the Bayh-Dole
			 Act) in 1980, Congress determined that a fundamental change was needed
			 to implement a uniform Federal patent policy, restoring the intended incentives
			 of Article I, Section 8, Clause 8 of the United States Constitution as it
			 relates to federally funded research;
		Whereas before the enactment of that Act, few inventions
			 arising from the billions of taxpayer dollars granted each year to American
			 research universities, nonprofit organizations, and Federal laboratories were
			 being translated into commercial products of benefit to the public and the
			 United States economy;
		Whereas a critical factor in developing federally funded
			 inventions into commercial products is the continued involvement of the
			 inventor in the process, and Government patent policies before the enactment of
			 the Bayh-Dole Act chilled the intended incentives of the patent system in this
			 regard;
		Whereas the ability to obtain a reliable patent license
			 for commercial development is needed to justify private sector investments, and
			 Government patent policies before the enactment of the Bayh-Dole Act made
			 negotiating and obtaining such licenses difficult, if not impossible;
		Whereas patent ownership of potentially important
			 inventions is crucial in the formation of many start-up companies, which form
			 vital parts of an innovation economy, and ownership rights were discouraged by
			 Government patent policies before the enactment of the Bayh-Dole Act;
		Whereas in 1984 Congress built upon the firm foundation of
			 the Bayh-Dole Act by permitting, in
			 Public Law
			 98–620, nonprofit organizations and universities to grant
			 licenses during the entire patent term and also to provide uniform treatment
			 under the Bayh-Dole Act of inventions produced by nonprofit organizations that
			 operate Government-owned laboratories;
		Whereas the Bayh-Dole Act has provided incentives for
			 universities, nonprofit organizations, and small businesses to effectively
			 manage inventions arising from Federal support as valuable resources on behalf
			 of United States taxpayers;
		Whereas the success of the Bayh-Dole Act became apparent
			 with the creation and dominance of the United States biotechnology and
			 information technology industries, that remain largely dependent on university
			 research;
		Whereas the Bayh-Dole Act has been widely recognized as a
			 best practice and is now being adopted by other countries (both developed and
			 developing) around the world to better integrate their own research
			 universities into their economies in order to be more competitive;
		Whereas objective examples of how the Bayh-Dole Act has
			 not only benefitted the United States but has also created a better world
			 include the creation of over 150 new drugs, vaccines, or in vitro devices,
			 including the hepatitis B vaccine, cisplatin, carboplatin and taxol anticancer
			 therapeutics, laser eye surgery devices, the Palmaz balloon expandable stent,
			 and many more; and
		Whereas economic activity spurred on by the Bayh-Dole Act
			 include the formation of more than 6,500 new companies from the inventions
			 created under the Act, an estimated contribution of $450,000,000,000 to United
			 States gross industrial output, and the creation of 280,000 new high technology
			 jobs between 1999 and 2007: Now, therefore, be it

		That—
			(1)it is the sense of
			 the Congress that—
				(A)the Bayh-Dole Act
			 (Public Law
			 96–517), as amended by
			 Public Law
			 98–620, has made substantial contributions to the advancement
			 of scientific and technological knowledge, fostered dramatic improvements in
			 public health and safety, strengthened the higher education system, led to the
			 development of new domestic industries and hundreds of thousands of new private
			 sector jobs, and benefitted the economic and trade policies of the United
			 States; and
				(B)that Act remains
			 critical to the future well being of the United States;
				(2)the Congress
			 reaffirms both its support for this landmark legislation and the critical role
			 that innovation, entrepreneurship, and job creation hold for the future of the
			 United States, and its commitment to the policies and objectives of that Act;
			 and
			(3)the Congress shows
			 its gratitude for the bipartisan leadership shown by Senators Birch Bayh and
			 Robert Dole and Representatives Peter Rodino, Hamilton Fish, Robert
			 Kastenmeier, Tom Railsback, Don Fuqua, and former Chairman and Ranking Minority
			 members of the Senate Judiciary Committee, Edward Kennedy, and Strom Thurmond
			 for securing the enactment of the Bayh-Dole Act, for strengthening it in 1984,
			 and for providing unwavering support for the policies underlying that
			 Act.

			Passed the House of
			 Representatives November 15, 2010.
			Lorraine C. Miller,
			Clerk.


115 S1797 IS: Health Insurance for Former Foster Youth Act
U.S. Senate
2017-09-12
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.

II115th CONGRESS1st SessionS. 1797IN THE SENATE OF THE UNITED STATESSeptember 12, 2017Mr. Casey (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to ensure health insurance coverage continuity for
			 former foster youth.

 1.Short titleThis Act may be cited as the Health Insurance for Former Foster Youth Act.
		2.Coverage continuity for former foster care children up to age 26
 (a)In generalSection 1902(a)(10)(A)(i)(IX) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended—
 (1)in item (bb)— (A)by striking are not described in or enrolled under and inserting are not described in and are not enrolled under; and
 (B)by striking the semicolon at the end and inserting ; and; (2)in item (cc), by striking responsibility of the State and all that follows through 475(8)(B)(iii); and and inserting responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or who were in such care on the date of attaining 14 years of age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part); and
 (3)by striking item (dd). (b)Effective dateThe amendments made by this section shall take effect on the date of enactment of this Act.
 3.Outreach efforts for enrollment of former foster childrenSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (1)in paragraph (82), by striking ; and and inserting a semicolon;
 (2)in paragraph (83), by striking the period at the end and inserting ; and; and (3)by inserting after paragraph (83) the following new paragraph:

 (84)not later than January 1, 2019, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary..


116 HR 2080 IH: Paying Hourly Americans Stronger Earnings (PHASE) in $15 Wage Act
U.S. House of Representatives
2019-04-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2080IN THE HOUSE OF REPRESENTATIVESApril 4, 2019Ms. Sewell of Alabama (for herself, Mrs. McBath, Ms. Houlahan, Mr. Peters, Mr. Cuellar, Mr. Bera, Ms. Spanberger, Ms. Kendra S. Horn of Oklahoma, Mr. Phillips, Mr. Schrader, Mr. Gonzalez of Texas, Ms. Slotkin, and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Fair Labor Standards Act of 1938 to provide for a Federal, cost-of-living based
			 minimum wage, and for other purposes.

 1.Short titleThis Act may be cited as the Paying Hourly Americans Stronger Earnings (PHASE) in $15 Wage Act. 2.Cost-of-living based minimum wage (a)In generalSection 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

 (1)except as otherwise provided in this section, not less than the amount determined by the Secretary under subsection (h) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides;.
 (b)Determination of regional minimum wageSection 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

					(h)Determination of minimum wage
						(1)
 (A)On the effective date of the Paying Hourly Americans Stronger Earnings (PHASE) in $15 Wage Act, the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the result obtained—
 (i)by multiplying— (I)40 percent of the national average hourly wage of private sector, non-supervisory workers (as reported by the Bureau of Labor Statistics of the Department of Labor for the most recent month for which data are available); by
 (II)the adjustment percentage specified in paragraph (2) for the area or portion; and (ii)by rounding the result obtained under clause (i) to the nearest tenth of a dollar.
 (B)Not later than 1 year after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 45 percent for 40 percent.
 (C)Not later than 2 years after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 50 percent for 40 percent.
 (D)Not later than 5 years after such effective date, and for each 3-year period thereafter, the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the greater of—
 (i)the result obtained under subparagraph (C); or (ii)the wage determined under this paragraph for such area or portion for the preceding three-year period.
 (2)The adjustment percentage specified in this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be—
 (A)87.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 90;
 (B)92.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 95, but not less than 90;
 (C)100 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 105, but not less than 95;
 (D)107.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 110, but not less than 105; and
 (E)115 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of not less than 110.
 (3)In this subsection: (A)The term metropolitan statistical area means a geographic area, defined by the Office of Management and Budget for statistical purposes, containing a large population nucleus and adjacent communities having a high degree of social and economic integration with that nucleus.
 (B)The term nonmetropolitan portion means any county (or portion thereof) which is not within a metropolitan statistical area. All nonmetropolitan portions of a State shall be treated, in aggregate, as a single nonmetropolitan portion for the State.
 (C)The term regional price parity means the regional price parity for a metropolitan statistical area or nonmetropolitan portion determined by the Bureau of Economic Analysis of the Department of Commerce for the most recent year for which data are available. In determining regional price parities for purposes of this subsection, the Bureau of Economic Analysis shall use the same methodology used to determine such parities for the most recent year for which such parities were reported by the Bureau before the date of the enactment of this subsection..
 3.Repeal of separate minimum wage for tipped employeesSubparagraph (A) of section 3(m)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)) is amended to read as follows: (A) The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1)..
 4.Repeal of separate minimum wage for newly hired employees who are less than 20 years oldSection 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is repealed. 5.Effective dateThe amendments and repeals made by this Act shall take effect on the first day of the third month that begins after the date of the enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 4644
		IN THE HOUSE OF REPRESENTATIVES

			February 22, 2010
			Mr. Sestak introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration

		A BILL
		To amend the Federal Election Campaign Act of 1971 to
		  prohibit a corporation from making any independent expenditure or disbursing
		  funds for any electioneering communication without obtaining the prior approval
		  of a majority of its shareholders, and for other purposes.

		1.Short TitleThis Act may be cited as the
			 Fairness in Corporate Campaign Spending Act of
			 2010.
		2.Requiring Prior
			 Shareholder Approval for Campaign Spending by Corporations
			(a)Prior Approval
			 RequiredTitle III of the
			 Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by
			 inserting after section 316 the following new section:

					316A.Prior Approval
				of Shareholders Required for Certain Spending by Corporations
						(a)Prior Approval
				RequiredA corporation may
				not make any disbursement for an independent expenditure or an electioneering
				communication under this Act during a year unless—
							(1)at the most recent
				annual meeting of the corporation’s shareholders, the corporation presented to
				the shareholders a proposal that the corporation make disbursements for such
				purposes during the year; and
							(2)a majority of its
				shareholders voted to approve the proposal.
							(b)Personal
				Liability for Payment of Additional PenaltyIn addition to any
				other penalty which may be imposed under this Act, if a corporation makes a
				disbursement in violation of this section, each officer and director of the
				corporation shall be personally liable for payment of a civil money penalty in
				an amount equal to the amount of the disbursement involved.
						(c)Exception for
				Disbursements Below ThresholdThis section does not apply with
				respect to a disbursement referred to in subsection (a) which is made by a
				corporation during a year if the aggregate amount of all such disbursements
				made by the corporation during the year—
							(1)is less than
				$8,000, in the case of a corporation with fewer than 100 full-time-equivalent
				employees (determined as of the date of the most recent annual meeting of the
				corporation’s shareholders); or
							(2)is less than
				$20,000, in the case of any other corporation.
							(d)No Affect on
				Political Committees of CorporationsNothing in this section
				shall be construed to affect disbursements by a separate segregated fund
				established by a corporation under section
				316(b)(2)(C).
						.
			(b)Effective Date;
			 Transition for Disbursements Made in 2010
				(1)Effective
			 DateThe amendment made by subsection (a) shall apply with
			 respect to disbursements made on or after the date of the enactment of this
			 Act.
				(2)TransitionNotwithstanding
			 paragraph (1), a corporation shall be deemed to meet the applicable
			 requirements of section 316A of the Federal Election Campaign Act of 1971 (as
			 added by subsection (a)) with respect to a disbursement made during 2010 if,
			 not later than 60 days after the date of the enactment of this Act—
					(A)the corporation
			 presents to its shareholders a proposal described in section 316A(a)(1) of such
			 Act for 2010; and
					(B)a majority of the corporation’s
			 shareholders vote to approve the proposal.


116 S4021 IS: Accelerating Broadband Connectivity Act of 2020
U.S. Senate
2020-06-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4021IN THE SENATE OF THE UNITED STATESJune 22, 2020Mr. Wicker (for himself, Mrs. Capito, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo accelerate rural broadband deployment.1.Short titleThis Act may be cited as the Accelerating Broadband Connectivity Act of 2020.2.Accelerating broadband connectivity(a)DefinitionsIn this section—(1)the term Commission means the Federal Communications Commission;(2)the terms Phase I and Phase II mean Phase I and Phase II, respectively, of the Rural Digital Opportunity Fund auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20–5);(3)the term qualified carrier means a terrestrial telecommunications carrier that receives support from the Rural Digital Opportunity Fund under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and(4)the term Rural Digital Opportunity Fund support means support from the Rural Digital Opportunity Fund under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor regulations.(b)Accelerating Broadband Connectivity FundThere is established in the Treasury of the United States a fund to be known as the Accelerating Broadband Connectivity Fund.(c)Availability of fundsThe Commission may use amounts in the Accelerating Broadband Connectivity Fund to provide support to qualified carriers in accordance with subsection (d).(d)Amount and use of funds(1)In general(A)Phase I support recipientsThe Commission shall make one-time funding offers to qualified carriers that receive Rural Digital Opportunity Fund support during Phase I, and that commit to meeting the conditions under paragraph (2), to accelerate the broadband deployment obligations assumed by those carriers with respect to that support.(B)Phase II support recipientsThe Commission shall use any amounts in the Accelerating Broadband Connectivity Fund that are not otherwise committed under subparagraph (A) to make one-time funding offers to qualified carriers that receive Rural Digital Opportunity Fund support during Phase II, and that commit to meeting the conditions under paragraph (2), to accelerate the broadband deployment obligations assumed by those carriers with respect to that support.(2)Conditions(A)In generalA qualified carrier that receives amounts under paragraph (1) shall—(i)begin construction of the broadband network for which the amounts are awarded not later than 180 days after the date on which the award under paragraph (1) is authorized;(ii)begin to make broadband service available from the broadband network deployed using Rural Digital Opportunity Fund support not later than 1 year after the date on which the award under paragraph (1) is authorized; and(iii)meet all buildout obligations from the Rural Digital Opportunity Fund support not later than 3 years after the date on which the award under paragraph (1) is authorized.(B)Force majeureThe Commission shall adopt rules under subsection (f)(1) to provide for the extension of a deadline under subparagraph (A) of this paragraph if an event outside the control of a qualified carrier prevents the qualified carrier from meeting the deadline.(3)Amount of awardThe amount awarded to a qualified carrier under paragraph (1) shall be proportional to the amount of Rural Digital Opportunity Fund support received by the qualified carrier.(e)Documentation requiredA qualified carrier that receives amounts under this section shall—(1)maintain appropriate documentation demonstrating the use of the amounts; and(2)make the documentation described in paragraph (1) available upon request as prescribed by the Commission.(f)Expedited rulemaking(1)In generalThe Commission shall adopt rules to carry out this section as needed on an expedited basis.(2)Use of existing rules authorizedTo the extent the Commission determines necessary in the public interest, the Commission may rely on the rules under part 54 of title 47, Code of Federal Regulations, and funding distribution mechanisms established under those rules in administering funds made available under this section.(3)Administrative Procedure Act exemptionThe Commission shall adopt rules under paragraph (1) without regard to the notice and comment requirements under section 553 of title 5, United States Code.(4)Paperwork Reduction Act exemptionA collection of information conducted or sponsored under this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act).(g)Enforcement(1)In generalThe Commission shall implement and enforce this section as if it were a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.).(2)Unlawful funding application(A)OffenseIt shall be unlawful for a person to willfully, knowingly, or recklessly seek funding under this section if doing so would violate—(i)this section; or(ii)any rules of the Commission.(B)ForfeituresAny person who violates subparagraph (A) shall be subject to a forfeiture in an amount of not more than 3 times the amount of funds made available to the person under this section, in addition to any forfeiture authorized under section 503 of the Communications Act of 1934 (47 U.S.C. 503).(3)Audit and inquiry requirementsThe Commission shall adopt requirements, through the expedited rulemaking under subsection (f), to—(A)ensure that a qualified carrier that receives amounts under this section complies with the requirements of this section; and(B)prevent waste, fraud, and abuse of the amounts distributed under this section.(h)Authorization of appropriationsThere are authorized to be appropriated to the Accelerating Broadband Connectivity Fund $6,000,000,000 for purposes of this section.


114 S2705 IS: Coral Reef Sustainability Through Innovation Act of 2016
U.S. Senate
2016-03-17
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.

II114th CONGRESS2d SessionS. 2705IN THE SENATE OF THE UNITED STATESMarch 17, 2016Ms. Hirono (for herself, Mr. Markey, Mr. Merkley, Mr. Carper, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo authorize Federal agencies to establish prize competitions for innovation or adaptation
			 management development relating to coral reef ecosystems and for other
			 purposes.

 1.Short titleThis Act may be cited as the Coral Reef Sustainability Through Innovation Act of 2016.
 2.Prize competitions to promote innovation in coral reef research and conservationThe Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended— (1)by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and
 (2)by inserting after section 207 the following:  208.Coral reef prize competitions (a)In generalThe head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note) may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
 (b)PurposesAny program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.
 (c)Priority programsPriority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including—
 (1)scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction;
 (2)the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;
 (3)the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;
 (4)the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and
 (5)the development of adaptation and management options for impacted tourism industries..


		II
		110th CONGRESS
		2d Session
		S. 2771
		IN THE SENATE OF THE UNITED STATES

			March 13, 2008
			Ms. Landrieu (for
			 herself, Mr. Hagel,
			 Ms. Snowe, Mr.
			 Dodd, Mr. Bayh,
			 Mr. Kerry, Mr.
			 Casey, Mr. Whitehouse, and
			 Mr. Johnson) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To require the President to call a White House Conference
		  on Children and Youth in 2010.

		1.Short titleThis Act may be cited as the White
			 House Conference on Children and Youth in 2010 Act.
		2.Findings and
			 Policy
			(a)FindingsCongress
			 finds the following:
				(1)In 2005 there were over 3,000,000 reports
			 of child abuse and neglect. Only 60 percent of the children from the
			 substantiated reports received follow-up services, and 20 percent of such
			 children were placed in foster care as a result of an investigation.
				(2)Each year there
			 are nearly 900,000 substantiated reports of child abuse and neglect.
				(3)Each year
			 approximately 60 percent of such substantiated reports are reports of neglect,
			 30 percent are physical or sexual abuse reports, and more than 20 percent are
			 reports that involve other forms of abuse.
				(4)Almost 500,000 children (including youth)
			 were in foster care at the end of fiscal year 2004 and nearly 800,000 spent at
			 least some time in foster care during the year.
				(5)While 51,000
			 children are adopted from the foster care system each year, more than 117,000
			 children are waiting to be adopted.
				(6)Each year
			 approximately 22,000 youth leave the foster care system not because they have
			 found permanent placements, but because they have reached the age at which
			 foster care ends.
				(7)The child welfare
			 system includes State and local governments, tribal governments, child welfare
			 agencies, child welfare caseworkers, private agencies, social workers, the
			 courts, volunteer court-appointed special advocates, mental health and health
			 care professionals, educators, and advocates.
				(8)There is an
			 overrepresentation of certain populations, including Native Americans and
			 African-Americans, in the child welfare system.
				(9)The number of
			 children being raised by grandparents and other relatives is increasing and
			 exceeds 6,000,000 children. The Government recognized that kinship care is a
			 permanency option through the enactment of the Adoption and Safe Families Act
			 of 1997.
				(10)The State courts
			 make key decisions in the lives of children involved in the child welfare
			 system, including decisions about whether children have been victims of child
			 abuse, whether parental rights should be terminated, and whether children
			 should be reunified with their families, adopted, or placed in other
			 settings.
				(11)The child welfare
			 system will never fully address its primary mission unless the courts are an
			 integral and functioning component of a statewide system of care and
			 protection.
				(b)PolicyIt
			 is the policy of Congress that—
				(1)the Government
			 should work jointly with the States and their residents to develop
			 recommendations and plans for action to meet the challenges and needs of
			 children and families involved with the child welfare system, consistent with
			 this Act;
				(2)in developing such
			 recommendations and plans, the persons involved should emphasize the role of
			 the Government, State and local child welfare systems, State and local family
			 court systems, child welfare advocates, guardians, and other key participants
			 in such child welfare systems, with a goal of enhancing and protecting the
			 lives and well-being of children and families who are involved with such child
			 welfare systems; and
				(3)Federal, State,
			 and local programs and policies should be developed to reduce the number of
			 children who are abused and neglected, to reduce the number of children in
			 foster care, and to dramatically increase the number of children in permanent
			 placements through family reunification, kinship placement, and
			 adoption.
				3.Authorization of
			 the Conference
			(a)Authority To
			 call the ConferenceThe President shall call a White House
			 Conference on Children and Youth in 2010 (referred to in this Act as the
			 Conference), to be convened not later than 18 months after the
			 selection of the last member of the Policy Committee established in section 4,
			 to encourage improvements in each State and local child welfare system, and to
			 develop recommendations for actions to implement the policy set forth in
			 section 2(b).
			(b)Planning and
			 directionThe Secretary shall plan, convene, and conduct the
			 Conference in cooperation with the heads of other appropriate Federal entities,
			 including the Attorney General, the Secretary of Education, and the Secretary
			 of Housing and Urban Development.
			(c)Purposes of the
			 ConferenceThe purposes of the Conference are—
				(1)to
			 identify the problems and challenges of child abuse and neglect, and the needs
			 of the children and families affected by decisions made through the child
			 welfare system;
				(2)to strengthen the
			 use of research-based best practices that can prevent child abuse and neglect
			 with a special focus on younger children;
				(3)to strengthen the
			 use of research-based best practices that can increase placement permanency for
			 children removed from their homes, including practices involving family
			 reunification, kinship placement, and adoption;
				(4)to promote the
			 role of State and local family courts in each State child welfare
			 system;
				(5)to develop
			 recommendations that will reduce the number of children who are in out-of-home
			 care and who fail to leave foster care before the age of majority, and
			 recommendations that will reduce the overrepresentation of certain populations
			 in the child welfare system;
				(6)to examine the
			 role of the Government in building an equal partnership with State, local, and
			 tribal entities in order to assist with, and encourage, State, local, and
			 tribal coordination;
				(7)to develop such
			 specific and comprehensive recommendations for State-level executive and
			 legislative action as may be appropriate for maintaining and improving the
			 well-being of children in such system; and
				(8)to review the
			 status of recommendations regarding child welfare made by previous White House
			 conferences.
				4.Policy
			 Committee
			(a)EstablishmentThere is established a Policy Committee,
			 which shall be comprised of 17 members to be selected as follows:
				(1)Presidential
			 AppointeesNine members shall be selected by the President and
			 shall consist of—
					(A)3 members who are
			 officers or employees of the Federal Government; and
					(B)6 members, who may
			 be officers or employees of the Federal Government, with experience in the
			 field of child welfare, including providers and children directly affected by
			 the child welfare system.
					(2) House of
			 Representatives Appointees
					(A)Majority
			 appointeesTwo members shall be selected by the Speaker of the
			 House of Representatives, after consultation with the chairpersons of the
			 Committee on Education and Labor, and the Committee on Ways and Means, of the
			 House of Representatives.
					(B)Minority
			 appointeesTwo members shall be selected by the minority leader
			 of the House of Representatives, after consultation with the ranking minority
			 members of such committees.
					(3)Senate
			 Appointees
					(A)Majority
			 appointeesTwo members shall be selected by the majority leader
			 of the Senate, after consultation with the chairpersons of the Committee on
			 Health, Education, Labor, and Pensions, and the Committee on Finance, of the
			 Senate.
					(B)Minority
			 appointeesTwo members shall be selected by the minority leader
			 of the Senate, after consultation with the ranking minority members of such
			 committees.
					(b)Period of
			 appointment; vacanciesMembers shall be appointed for the life of
			 the Policy Committee. Any vacancy in the Policy Committee shall not affect its
			 powers, but shall be filled in the same manner as the original
			 appointment.
			(c)Voting;
			 Chairperson
				(1)VotingThe Policy Committee shall act by the vote
			 of a majority of the members present.
				(2)ChairpersonThe
			 President shall select a chairperson from among the members of the Policy
			 Committee. The chairperson may vote only to break a tie vote of the other
			 members of the Policy Committee.
				(d)Duties of Policy
			 Committee
				(1)MeetingsThe
			 Policy Committee shall hold its first meeting at the call of the Secretary, not
			 later than 30 days after the last member is selected. Subsequent meetings of
			 the Policy Committee shall be held at the call of the chairperson of the Policy
			 Committee.
				(2)General
			 dutiesThrough meetings, hearings, and working sessions, the
			 Policy Committee shall—
					(A)make
			 recommendations to the Secretary to facilitate the timely convening of the
			 Conference;
					(B)submit to the
			 Secretary a proposed agenda for the Conference not later than 90 days after the
			 first meeting of the Policy Committee;
					(C)determine the
			 number of delegates to be selected in accordance with section 5 and the manner
			 by which the delegates are to be selected in accordance with such
			 section;
					(D)select delegates
			 for the Conference; and
					(E)establish other
			 advisory committees as needed to facilitate Conference participation of—
						(i)professionals with
			 direct experience providing services to children and families in the child
			 welfare system; and
						(ii)children and
			 families in the child welfare system.
						(e)Powers of the
			 Policy Committee
				(1)Information
			 from federal agenciesThe Policy Committee may secure directly
			 from any Federal department or agency such information as the Policy Committee
			 considers necessary to carry out this Act. Upon request of the chairperson of
			 the Policy Committee, the head of such department or agency shall furnish such
			 information to the Policy Committee.
				(2)Postal
			 servicesThe Policy Committee may use the United States mails in
			 the same manner and under the same conditions as other departments and agencies
			 of the Federal Government.
				(f)Personnel
				(1)Travel
			 expensesThe members of the Council shall not receive
			 compensation for the performance of services for the Council, but shall be
			 allowed travel expenses, including per diem in lieu of subsistence, at rates
			 authorized for employees of agencies under subchapter I of chapter 57 of title
			 5, United States Code, while away from their homes or regular places of
			 business in the performance of services for the Council. Notwithstanding
			 section 1342 of title 31, United States Code, the Secretary may accept the
			 voluntary and uncompensated services of members of the Council.
				(2)Detail of
			 government employeesAny Federal Government employee may be
			 detailed to the Council without reimbursement, and such detail shall be without
			 interruption or loss of civil service status or privilege.
				5.Conference
			 DelegatesTo carry out the
			 purposes of the Conference, the Secretary shall convene delegates for the
			 conference, who shall be fairly balanced in terms of their points of view with
			 respect to child welfare, without regard to political affiliation or past
			 partisan activity, who shall include—
			(1)the directors of
			 child welfare systems of the States;
			(2)members of the
			 State and local family court systems, representatives of the State bar
			 associations, and attorneys specializing in family law;
			(3)elected officials
			 of State and local governments; and
			(4)advocates
			 (including national and State organizations), guardians, experts in the field
			 of child welfare, families and children (including youth) affected by the child
			 welfare system, and the general public.
			6.Conference
			 administration
			(a)AdministrationIn
			 conducting and planning the Conference, the Secretary shall—
				(1)request the cooperation and assistance of
			 the heads of such other Federal entities as may be appropriate, including the
			 detailing of personnel;
				(2)furnish all
			 reasonable assistance, including financial assistance, not less than 18 months
			 before the Secretary convenes the Conference, to State child welfare systems,
			 State and local family court systems, and other appropriate organizations, to
			 enable them to organize and conduct State-level child welfare conferences in
			 conjunction with and in preparation for participation in the Conference;
				(3)prepare and make
			 available for public comment a proposed agenda, for the Conference, that
			 reflects to the greatest extent possible the major child welfare issues facing
			 child welfare systems and the courts, consistent with the policy set forth in
			 section 2(b);
				(4)prepare and make
			 available background materials that the Secretary determines to be necessary
			 for the use of delegates to the Conference; and
				(5)employ such
			 additional personnel as may be necessary to carry out this Act without regard
			 to provisions of title 5, United States Code, governing appointments in the
			 competitive service, and without regard to chapter 51 and subchapter III of
			 chapter 53 of such title, relating to classification and General Schedule pay
			 rates.
				(b)DutiesIn carrying out the Secretary’s
			 responsibilities and functions under this section, the Secretary shall ensure
			 that—
				(1)the conferences
			 held under subsection (a)(2) will—
					(A)be conducted so as
			 to ensure broad participation of individuals and groups; and
					(B)include
			 conferences on Native Americans—
						(i)to
			 identify conditions that adversely affect Native American children in the child
			 welfare system and to identify Native American families who are at risk of
			 entering such system;
						(ii)to
			 propose solutions to ameliorate such conditions; and
						(iii)to
			 provide for the exchange of information relating to the delivery of services to
			 Native American children in the child welfare system and to Native American
			 families who are at risk of entering such system;
						(2)the proposed agenda
			 for the Conference under subsection (a)(3) is—
					(A)published in the
			 Federal Register not less than 180 days before the Conference is convened;
			 and
					(B)made available for
			 public comment for a period of not less than 60 days;
					(3)the final agenda
			 for the Conference, prepared after the Secretary takes into consideration
			 comments received under paragraph (2), is published in the Federal Register,
			 and transmitted to the chief executive officers of the States, not later than
			 30 days after the close of the public comment period required by paragraph
			 (2);
				(4)the personnel
			 employed under subsection (a)(5) are fairly balanced in terms of their points
			 of view with respect to child welfare and are appointed without regard to
			 political affiliation or past partisan activity;
				(5)the recommendations of the Conference are
			 not inappropriately influenced by any public official or special interest, but
			 instead are the result of the independent and collective judgment of the
			 delegates of the Conference; and
				(6)before the Conference is convened—
					(A)current and
			 adequate statistical data (including decennial census data) and other
			 information on the well-being of children in the United States; and
					(B)such information
			 as may be necessary to evaluate Federal programs and policies relating to
			 children;
					which the
			 Secretary may obtain by making grants to or entering into agreements with,
			 public agencies or nonprofit organizations, are readily available in advance of
			 the Conference to the delegates.7.Report of the
			 Conference
			(a)Proposed
			 Report
				(1)PreparationAfter consultation with the Policy
			 Committee, the Secretary shall prepare a proposed report of the Conference
			 containing—
					(A)the results of the
			 Conference, which shall include a statement of comprehensive coherent national
			 policy on State child welfare systems (including the courts involved);
			 and
					(B)recommendations of
			 the Conference for the implementation of such policy.
					(2)Publication and
			 submissionThe proposed report shall be published in the Federal
			 Register, and submitted to the chief executive officers of the States, not
			 later than 60 days after the Conference adjourns.
				(b)Response to
			 Proposed ReportThe Secretary shall solicit recommendations about
			 and other comments on the proposed report, to be submitted not later than 180
			 days after the publication of the report. The Secretary shall request that the
			 chief executive officers of the States submit to the Secretary, not later than
			 180 days after receiving the proposed report, their views and findings on the
			 proposed report.
			(c)Final
			 ReportNot later than 90 days
			 after receiving the comments, and the views and findings of the chief executive
			 officers of the States, under subsection (b), the Secretary shall—
				(1)prepare a final
			 report of the Conference, which shall include—
					(A)a statement of
			 the policy and recommendations of the Conference;
					(B)a compilation of
			 the comments, and the views and findings of the chief executive officers of the
			 States; and
					(C)(i)the recommendations of
			 the Secretary for a comprehensive coherent national policy on State child
			 welfare systems (including the courts involved), after taking into
			 consideration the comments, views, and findings; and
						(ii)the recommendations of the
			 Secretary for the administrative and legislative action necessary to implement
			 the recommendations described in clause (i); and
						(2)publish the final
			 report in the Federal Register and transmit the report to the President and to
			 Congress.
				8.Definitions and
			 references
			(a)DefinitionsIn this Act:
				(1)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				(2)StateThe term State means any of
			 the several States, the District of Columbia, the Commonwealth of Puerto Rico,
			 Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of
			 the Northern Marianas.
				(b)ReferencesIn this Act, a reference to a child welfare
			 system of a State includes a reference to a child welfare system of a tribal
			 government.
			9.Authorization of
			 Appropriations
			(a)In
			 generalThere is authorized to be appropriated $10,000,000 to
			 carry out this Act.
			(b)Limitation on
			 AppropriationsAuthority
			 provided in this Act to make expenditures or to enter into contracts under
			 which the United States is obligated to make outlays shall be effective only to
			 the extent that amounts are provided, and only to the extent of the amounts
			 provided, in advance in appropriations Acts.


116 S1652 IS: Adoption Tax Credit Refundability Act of 2019
U.S. Senate
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1652IN THE SENATE OF THE UNITED STATESMay 23 (legislative day, May 22), 2019Mr. Casey (for himself, Mr. Blunt, Mrs. Gillibrand, Mr. Sasse, Ms. Klobuchar, Mr. Risch, Ms. Warren, Mr. Inhofe, Mr. Van Hollen, Mr. Boozman, Mr. Markey, Mr. Rounds, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit.1.Short
 titleThis Act may be cited as the Adoption Tax Credit Refundability Act of 2019.2.Refundable
			 adoption tax credit(a)Credit made
			 refundable(1)Credit moved to
 subpart relating to refundable creditsThe Internal Revenue Code of 1986 is amended—(A)by redesignating section 23 as section 36C; and(B)by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1.(2)Conforming
 amendments(A)Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D and inserting section 25D.(B)Section 36C of such Code, as so redesignated, is amended—(i)in subsection (b)(2)(A), by striking (determined without regard to subsection (c));(ii)by striking subsection (c); and(iii)by redesignating subsections (d) through (i) as subsections (c) through (h), respectively.(C)Section 137 of such Code is amended—(i)in subsection (d), by striking section 23(d) and inserting section 36C(c); and(ii)in subsection (e), by striking subsections (e), (f), and (g) of section 23 and inserting subsections (d), (e), and (f) of section 36C.(D)Section 1016(a)(26) of such Code is amended by striking 23(g) and inserting 36C(f).(E)Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,.(F)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23.(G)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,.(H)Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking section 23 and inserting section 36C.(I)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:Sec. 36C. Adoption
				expenses..(b)Effective
 dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2018.


116 HR 4728 IH: Youth Tax Fairness Act of 2019
U.S. House of Representatives
2019-10-17
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 CONGRESS1st SessionH. R. 4728IN THE HOUSE OF REPRESENTATIVESOctober 17, 2019Ms. Moore (for herself, Mr. Estes, Mr. Cisneros, Mr. Young, Mr. Panetta, Mr. Cole, Mr. Kildee, Mr. Calvert, Ms. Davids of Kansas, Mr. Steube, and Ms. Haaland) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to modify the taxation of unearned income of certain
			 children.

 1.Short titleThis Act may be cited as the Youth Tax Fairness Act of 2019. 2.Modification of taxation of unearned income of certain children (a)Certain income treated as earned income for purposes of kiddie taxSection 1(g)(4)(C) of the Internal Revenue Code of 1986 is amended to read as follows:

 (C)Treatment of certain amounts as earned incomeFor purposes of this subsection, each of following amounts shall be treated as earned income of the child referred to in paragraph (1) to the extent included in the gross income of such child:
 (i)Distributions from qualified disability trustsAny amount included in the gross income of such child under section 652 or 662 by reason of being a beneficiary of a qualified disability trust (as defined in section 642(b)(2)(C)(ii)).
 (ii)Certain military survivor benefitsAny benefit under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs which is received by such child by reason of the child being the survivor of a deceased member of the Armed Forces or of a deceased veteran.
 (iii)Certain first responder survivor benefitsAny payment made by Federal, State, or local government to such child if such payment is made by reason of the death of the parent of such child during such parent’s service as a law enforcement officer, firefighter, paramedic, or emergency medical technician.
 (iv)Certain Indian tribal paymentsAny payment made by an Indian tribal government (as defined in section 139E(c)(1)), or from a trust of which the Indian tribal government is treated as the owner under subpart E of part I of subchapter J, to such child if—
 (I)such child is an enrolled member of the tribe with respect to such Indian tribal government, and (II)such payment is received by such child by reason of such enrollment.
 (v)Certain scholarships or fellowship grantsAny scholarship or fellowship grant which is received by such child if— (I)such child is a candidate for a degree at an educational organization described in section 170(b)(1)(A)(ii), and
 (II)such scholarship or grant supports such candidacy. (vi)Alaska Permanent Fund dividendsAny Alaska Permanent Fund dividend.
 (vii)Social security benefitsAny social security benefit (as defined in section 86(d)).. (b)Repeal of temporary rule for taxation of unearned income of certain childrenSection 1(j) of such Code is amended by striking paragraph (4).
			(c)Application to alternative minimum tax
 (1)In generalSection 59(j)(1)(A) of such Code is amended by inserting and including amounts treated as earned income under section 1(g)(4)(C) after section 911(d)(2). (2)Suspension of kiddie tax limitation on alternative minimum tax exemption during period of increased exemptionSection 55(d)(4)(A) of such Code is amended by striking and at the end of clause (i)(II), by striking the period at the end of clause (ii)(III) and inserting , and, and by adding at the end the following new clause:

 (iii)subsection (j) of section 59 shall not apply.. (d)Effective dates (1)In generalExcept as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2017.
				(2)Repeal of temporary rule for taxation of unearned income of certain children
 (A)In generalExcept as provided in subparagraph (B), the amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2018.
 (B)Elective retroactive applicationIn the case of a taxpayer who elects the application of this subparagraph (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide), the amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2017.


		II
		110th CONGRESS
		2d Session
		S. 3547
		IN THE SENATE OF THE UNITED STATES

			September 23
			 (legislative day, September 17), 2008
			Mr. Nelson of Florida
			 (for himself and Mr. Martinez) introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		A bill to establish in the Federal Bureau of
		  Investigation the Nationwide Mortgage Fraud Coordinator to address mortgage
		  fraud in the United States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Nationwide Mortgage Fraud Coordinator
			 Act of 2008.
		2.Establishment in
			 the Federal Bureau of Investigation of the Nationwide Mortgage Fraud
			 Coordinator
			(a)EstablishmentThe
			 Director of the Federal Bureau of Investigation shall assign the Chief of its
			 Financial Crimes Section, Criminal Investigative Division, in addition to other
			 assigned duties, to be the Nationwide Mortgage Fraud Coordinator.
			(b)Duties of the
			 coordinatorThe Nationwide Mortgage Fraud Coordinator shall
			 oversee all Federal Bureau of Investigation activities related to the
			 investigation of mortgage fraud, including the following:
				(1)Establishing and
			 operating regional task forces, consisting of the voluntary participation of
			 Federal, State, and local law enforcement and prosecutorial agencies, to
			 organize initiatives to investigate mortgage fraud, including initiatives to
			 enforce all pertinent Federal and State mortgage fraud laws.
				(2)Providing training
			 to Federal, State, and local law enforcement and prosecutorial agencies with
			 respect to mortgage fraud, including related Federal and State laws.
				(3)Collecting and
			 disseminating data with respect to mortgage fraud, including, to the extent
			 practicable, Federal, State, and local data relating to mortgage fraud
			 investigations and prosecutions.
				(4)Preparing an
			 annual report describing the Federal Bureau of Investigation’s efforts to
			 combat mortgage fraud and the results of these efforts. This report shall be
			 submitted by the Federal Bureau of Investigation to Congress. The initial
			 report shall be submitted no later one year after the date of the enactment of
			 this Act.
				(5)Making
			 recommendations to the Director as to the need for resources to combat mortgage
			 fraud.
				(6)Performing other
			 duties as assigned that are related to the investigation and prosecution of
			 mortgage fraud.
				(c)Optional
			 FunctionsThe Nationwide Mortgage Fraud Coordinator shall have
			 the following optional responsibilities:
				(1)Establishing a toll
			 free hotline and other information systems for—
					(A)receiving reports
			 of mortgage fraud;
					(B)providing the
			 public with access to information and resources with respect to mortgage fraud;
			 and
					(C)directing reports
			 or allegations of mortgage fraud to the appropriate Federal, State, or local
			 law enforcement and prosecutorial agency, including any appropriate regional
			 task force.
					(2)Creating a
			 database with respect to suspensions and revocations of mortgage industry
			 licenses and certifications to facilitate the sharing of such information by
			 States.
				(d)Optional
			 responsibility of the Department of JusticeThe Department of
			 Justice, upon consideration of any recommendations by the Nationwide Mortgage
			 Fraud Coordinator, may—
				(1)propose
			 legislation to Federal, State, and local legislative bodies to assist in the
			 detection, investigation, and prosecution of mortgage fraud, including measures
			 to address mortgage loan procedures and property appraiser practices that
			 provide opportunities for mortgage fraud; and
				(2)make
			 recommendations to Congress as to the need for additional resources to combat
			 mortgage fraud.
				(e)SunsetThis
			 section shall sunset September 30, 2015.


		III
		110th CONGRESS
		1st Session
		S. RES. 383
		IN THE SENATE OF THE UNITED STATES

			November 15, 2007
			Mr. Reid (for
			 Mr. Obama (for himself,
			 Mr. Brown, and Mr. Voinovich)) submitted the following resolution;
			 which was referred to the Committee on
			 the Judiciary

		RESOLUTION
		Honoring and recognizing the achievements
		  of Carl Stokes, the first African-American mayor of a major American city, in
		  the 40th year since his election as Mayor of Cleveland, Ohio.

		Whereas Carl Stokes was a pioneer in cultivating a
			 positive climate for African-Americans to seek election to public office and
			 made great strides toward improving race relations in a tumultuous period of
			 United States history;
		Whereas Carl Stokes was born on June 27, 1927, in
			 Cleveland, Ohio, to Charles and Louise Stokes;
		Whereas Carl Stokes rose from poverty in Outhwaite Homes,
			 Cleveland's first federally funded housing project for the poor, to be elected
			 to the highest political office in Cleveland;
		Whereas Carl Stokes earned his bachelor’s degree from the
			 University of Minnesota in 1954 and graduated from the Cleveland-Marshall
			 College of Law in 1956, and was admitted to the Ohio State Bar in 1957;
		Whereas, in 1962, Carl Stokes was elected to the Ohio
			 General Assembly and served 3 terms as the first African-American Democrat to
			 serve from Cuyahoga County;
		Whereas, in 1967, relying on his ability to mobilize
			 support that transcended racial divides, Carl Stokes was elected Mayor of
			 Cleveland and became the first African-American mayor of a major American
			 city;
		Whereas, after declining to run for a 3rd term as Mayor of
			 Cleveland, Carl Stokes became the first African-American to appear daily as an
			 anchorman on a New York City television outlet, WNBC–TV;
		Whereas Carl Stokes served as a municipal judge in
			 Cleveland from 1983 to 1994, completing a political career encompassing each
			 branch of government; and
		Whereas Carl Stokes maintained his dedication to public
			 service throughout his life, serving as Ambassador to the Seychelles and
			 representing the White House on numerous goodwill trips abroad until his death
			 in 1996: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 pioneering career of Carl Stokes, who helped expand political opportunity for
			 minorities by becoming the first African-American mayor of a major American
			 city; and
			(2)commemorates the
			 40th anniversary of the election of Carl Stokes as the Mayor of Cleveland and
			 the first African-American mayor of a major American city, one of the most
			 significant events in the American Civil Rights movement.


113 HR 1818 RH: Polar Bear Conservation and Fairness Act of 2013
U.S. House of Representatives
2013-09-10
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.

IBUnion Calendar No. 149113th CONGRESS1st SessionH. R. 1818[Report No. 113–202]IN THE HOUSE OF REPRESENTATIVESApril 26, 2013Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural ResourcesSeptember 10, 2013Additional sponsors: Mr. Kline, Mr. Coble, and Mr. YohoSeptember 10, 2013Committed to the Committee of the Whole House on the State of the Union and ordered to be printedA BILLTo amend the Marine Mammal Protection Act of 1972 to allow importation of polar bear trophies taken in sport hunts in Canada before the date the polar bear was determined to be a threatened species under the Endangered Species Act of 1973.1.Short titleThis Act may be cited as the Polar Bear Conservation and Fairness Act of 2013 .2. Permits for importation of polar bear trophies taken in sport hunts in CanadaSection 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:(D)(i)The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person—(I)who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or(II)who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations.(ii)The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997.(iii)The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2013..September 10, 2013Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


113 HR 5190 IH: Ukraine Security Assistance Act of 2014
U.S. House of Representatives
2014-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5190
		IN THE HOUSE OF REPRESENTATIVES

			July 24, 2014
			Mr. Gerlach (for himself, Ms. Kaptur, Mr. Levin, Ms. Slaughter, Mr. Joyce, Mr. Tiberi, Mr. Renacci, Mr. Pascrell, Mr. Marino, Mr. Stivers, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To authorize assistance for Ukraine, and for other purposes.

		1.Short titleThis Act may be cited as the Ukraine Security Assistance Act of 2014.
		2.Security assistance for Ukraine
			(a)In generalNotwithstanding any other provision of law limiting the assistance to be provided under this
			 section, beginning on the date following the date of completion of the
			 assessment required by subsection (b), the President is authorized to
			 provide to the Government of Ukraine upon that Government's request, as
			 appropriate and in a manner consistent with the capabilities and needs of
			 the armed forces of Ukraine identified in such assessment, the following
			 defense articles, services, and training:
				(1)Weapons and ammunition, as identified in such assessment.
				(2)Night navigation equipment.
				(3)Mine Resistant Ambush Protected vehicles.
				(4)High Mobility Multipurpose Wheeled Vehicles.
				(5)Inflatable boats.
				(6)Body armor.
				(7)Fire control, range finder, optical and guidance and control equipment.
				(8)Explosive disposal and improvised explosive device detection equipment.
				(9)Mine detection equipment.
				(10)Chemical, biological, radiation, and nuclear detection, testing, and protection equipment.
				(11)Communications, logistic, combat support, medical equipment, rations, specialized equipment, and
			 other defense articles, services, and training requested by the Government
			 of Ukraine that the President determines to be appropriate.
				(b)Required assessmentNo later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall
			 conduct an assessment, or complete any ongoing assessment, of the
			 capabilities and needs of the armed forces of Ukraine and shall ensure
			 that it includes—
				(1)an assessment of the releasability of the equipment set forth in subsection (a), equipment
			 requested by the Government of Ukraine, or equipment that may foreseeably
			 be requested based on the current state of the armed forces of Ukraine;
			 and
				(2)an assessment of the need for, appropriateness of, and force protection concerns of any United
			 States military advisors to be made available to the armed forces of
			 Ukraine.
				(c)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015
			 to carry out the activities set forth in subsection (a).
			(d)Authority for use of fundsThe funds made available pursuant to subsection (c) for the provision of defense articles,
			 services, and training may be used to procure such assistance from the
			 United States Government or other appropriate sources.
			(e)Provision of assessment to CongressNot later than 7 days following the completion of the assessment required by subsection (b), the
			 President shall provide such assessment to the appropriate congressional
			 committees.
			3.Sense of Congress on intelligence sharing with UkraineIt is the sense of Congress that the President, subject to the discretion of the President so as to
			 protect sources and methods of intelligence collection and to protect the
			 capabilities of the intelligence community and the United States Armed
			 Forces, should—
			(1)provide the Government of Ukraine with appropriate intelligence and other information to assist the
			 Government of Ukraine—
				(A)to determine the location, strength, and capabilities of the military and intelligence forces of
			 the Russian Federation located on the eastern border of Ukraine and within
			 the territorial borders of Ukraine, including Crimea; and
				(B)to respond effectively to further aggression by military and intelligence forces of the Russian
			 Federation;
				(2)take steps to ensure that such intelligence information is fully and appropriately protected from
			 further disclosure, including limiting, as appropriate, the provision and
			 nature of such intelligence information;
			(3)provide, within 7 days of provision of intelligence information to the Government of Ukraine, a
			 report to the appropriate congressional committees detailing the
			 disclosure; and
			(4)provide, within 7 days of receipt of a request for intelligence information from the Government of
			 Ukraine, a report to the appropriate congressional committees detailing
			 the request.
			4.Major non-NATO ally status for Ukraine
			(a)In generalDuring the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding
			 any other provision of law, for purposes of the transfer or possible
			 transfer of defense articles or defense services under the Arms Export
			 Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961
			 (22 U.S.C. 2151 et seq.), or any other provision of law, Ukraine shall be
			 treated as though it were designated a major non-NATO ally (as defined in
			 section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))).
			(b)Criteria for treatment as a major non-NATO allyIn order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must—
				(1)have a democratically elected government that came to power pursuant to free and fair elections;
				(2)cooperate fully with the United States on matters of mutual security concern, including
			 counterterrorism matters; and
				(3)respect the political and legal rights of its citizens, including maintaining the right of its
			 citizens to democratically elect their government.
				(c)ReportNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the
			 President shall provide to the appropriate congressional committees a
			 report assessing whether Ukraine should continue to be treated, for
			 purposes of the transfer or possible transfer of defense articles or
			 defense services, as a major non-NATO ally and whether the treatment
			 should be expanded or reduced.
			5.Expanded security force training, assistance and defense cooperation with Ukraine
			(a)Expanded training and assistanceThe President shall take steps, consistent with the President's responsibility as Commander in
			 Chief, to substantially increase, within one year after the date of the
			 enactment of this Act—
				(1)the military-to-military interactions of United States Armed Forces with the armed forces of
			 Ukraine, including specifically utilizing the National Guard State
			 Partnership Program and increasing the current tempo of military exercises
			 and training efforts and exchanges with such armed forces; and
				(2)United States and NATO security assistance to Ukraine.
				(b)Bilateral and multilateral defense cooperation agreementsNot later than 90 days after the date of the enactment of this Act, the Secretary of State, in
			 coordination with the Secretary of Defense, shall seek to enter into
			 negotiations with Ukraine to establish new, or strengthen existing,
			 bilateral and multilateral defense cooperation agreements, including
			 agreements related to cyber defense cooperation.
			(c)ReportNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter,
			 the President shall submit to the appropriate congressional committees a
			 report detailing the specific efforts being undertaken and planned to be
			 undertaken by the United States Government to implement the increased
			 military-to-military interactions and security assistance required by
			 subsection (a) and to undertake the negotiations required by subsection
			 (c).
			6.DefinitionIn this Act, the term appropriate congressional committees means—
			(1)the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed
			 Services, and the Select Committee on Intelligence of the Senate; and
			(2)the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services,
			 and the Permanent Select Committee on Intelligence of the House of
			 Representatives.


		II
		109th CONGRESS
		2d Session
		S. 2699
		IN THE SENATE OF THE UNITED STATES

			May 2, 2006
			Mr. Brownback (for
			 himself and Mr. Lieberman) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To promote the research and development of drugs related
		  to neglected and tropical diseases, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Elimination of Neglected Diseases Act
			 of 2006.
		2.Patent extension
			 and restoration
			(a)In
			 generalChapter 14 of title 35, United States Code, is amended by
			 inserting after section 156 the following:

					156a.Extension and
				restoration of patent terms relating to neglected and tropical
				diseases
						(a)DefinitionsIn
				this section, the term—
							(1)AIDS
				means the acquired immune deficiency syndrome;
							(2)AIDS
				drug means a drug indicated for treating HIV;
							(3)eligible
				patent means a patent that—
								(A)claims—
									(i)an approved new
				molecular entity standard review drug;
									(ii)an active
				ingredient of such new molecular entity standard review drug;
									(iii)a process of
				making or using the new molecular entity standard review drug; or
									(iv)a process of
				making an active ingredient of such new molecular entity standard review drug;
				and
									(B)is owned by or
				licensed to a person that has filed and received approval of an application
				described in section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21
				U.S.C. 355(b)(1)), for a tropical disease product;
								(4)HIV
				means the human immunodeficiency virus, the pathogen that causes AIDS;
							(5)neglected
				or tropical disease means—
								(A)HIV, malaria,
				tuberculosis, and related diseases; or
								(B)any other
				infectious disease that disproportionately affects poor and marginalized
				populations, including those diseases targeted by the Special Programme for
				Research and Training in Tropical Diseases cosponsored by the United Nations
				Development Program, UNICEF, the World Bank, and the World Health
				Organization;
								(6)new
				molecular entity standard review drug—
								(A)means a drug
				that—
									(i)has never been
				marketed in the United States;
									(ii)appears to have
				therapeutic qualities superior to the therapeutic qualities of another drug
				that is marketed in the United States; and
									(iii)is designated
				by the Secretary of Health and Human Services under section 524 of the Federal
				Food, Drug, and Cosmetic Act as having a new molecular entity chemical type
				classification and standard review drug treatment potential classification,
				other than drugs developed to treat serious or life-threatening diseases;
				and
									(B)shall not include
				a subpart E drug or an AIDS drug;
								(7)regulatory
				review period means the period described under section
				506(g)(1)(B);
							(8)subpart E
				drug means a drug developed or evaluated under special procedures for
				drugs to treat life-threatening or severely debilitating illnesses under
				subpart E of part 312 of title 21 of the Code of Federal Regulations;
				and
							(9)tropical
				disease product means a product that—
								(A)is approved for
				use in the treatment of a neglected or tropical disease;
								(B)is a new drug,
				antibiotic drug, biological product, device, diagnostic, or other tool for
				treatment, as those terms are used in the Federal Food, Drug, and Cosmetic Act
				(21 U.S.C. 301 et seq.) and the Public Health Service Act (42 U.S.C. 201 et
				seq.); and
								(C)is certified by
				the Secretary of Health and Human Services under section 524 of the Federal
				Food, Drug, and Cosmetic Act .
								(b)Patent term
				extensionThe term of an eligible patent shall be extended by a
				period not to exceed 2 years and not less than 6 months in duration if—
							(1)an application in
				conformance with the requirements of subsection (d) is submitted to the
				Director by either the owner of record of the patent or its agent on the later
				of—
								(A)on or before the
				date specified under subsection (d)(3); or
								(B)within 45 days
				after the date of issuance of the patent;
								(2)the term of the
				eligible patent that is the basis of the application has not expired prior to
				the date that the application is submitted under subsection (d);
							(3)the regulatory
				review period for the tropical disease product has not been relied upon to
				support an application to extend the term of another patent under this section
				or under any other provision of law; and
							(4)the Food and Drug
				Administration has certified the eligibility of that tropical disease product
				for patent extension.
							(c)Patent term
				restorationThe term of a patent for a tropical disease product
				shall be restored by a period equal to the number of days in the regulatory
				review period, if, with respect to the patent that is the basis for
				application—
							(1)the owner of
				record of the patent or its agent submits an application to the Director on the
				later of—
								(A)on or before the
				date specified under subsection (d)(3); or
								(B)on or before 45
				days after the date of issuance of the patent;
								(2)the patent has
				not been previously restored or extended under this section;
							(3)the term of the
				patent has not expired prior to the date that the owner of the record of the
				patent or its agent submits an application to the Director;
							(4)the regulatory
				review period for the product has not been relied upon to support an
				application to extend the term of another patent under any section of this
				title; and
							(5)the Food and Drug
				Administration has certified the eligibility of that tropical disease product
				for patent restoration.
							(d)Administrative
				provisions
							(1)In
				generalTo obtain an extension or restoration of the term of an
				eligible patent or patent of a tropical disease product under this section, the
				assigner of record and licensee of record of the eligible patent or tropical
				disease product or the agent of the assigner of record and licensee shall
				submit an application to the Director.
							(2)ContentThe
				application shall contain—
								(A)a description of
				the approved tropical disease product and the Federal statute under which
				regulatory review relating to such product occurred;
								(B)the identity
				of—
									(i)the eligible patent for which an extension
				is sought under this section; or
									(ii)the patent for a
				tropical disease product for which a restoration is sought under this
				section;
									(C)an undertaking by
				the applicant to make publicly available independently audited financial
				statements to verify commercialization of the approved tropical disease
				product; and
								(D)such other
				information as the Director may require including additional information to
				establish that the eligible patent or tropical disease product meets the
				requirements of this section.
								(3)Submission of
				applicationUpon submission of the application for approval of
				the tropical disease product to the Food and Drug Administration, the sponsor
				shall give notice of which patent it would extend if the patent becomes
				eligible for the extension or restoration upon successfully completing the
				research. The Secretary of Health and Human Services shall publish the
				notice.
							(4)Irrevocable
				electionThe submission of an application under this section is
				an irrevocable election of the application of this section to the eligible
				patent or patent for a tropical disease product that is the basis of the
				application. An eligible patent or patent for a tropical disease product that
				is the basis of an application submitted under this section may not be the
				subject of an application made under section 156 or any other provision of
				law.
							(5)Rule of
				constructionNothing in this section shall be construed to
				prohibit an extension, under an application made under any other section of
				this title, of the term of a patent relating to a tropical disease product
				that, prior to the effective date of this section, was approved for commercial
				marketing for a nontropical disease use.
							(e)LimitationAn
				eligible patent may not be extended under this section if—
							(1)the tropical
				disease product was approved for commercial marketing prior to the date of
				enactment of this section; or
							(2)the eligible
				patent that is the basis of the application under this section expired prior to
				the date of enactment of this
				section.
							.
			(b)Designation for
			 patent extension and restorationChapter V of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 523
			 the following:

					524.Designation
				for patent extension and restoration
						(a)DefinitionsIn
				this section:
							(1)New molecular
				entity standard review drugThe term new molecular entity
				standard review drug has the meaning given that term in section 156a of
				title 35, United States Code.
							(2)Tropical
				disease productThe term tropical disease product
				has the meaning given that term in section 156a of title 35, United States
				Code.
							(b)New molecular
				entity standard review drugThe Secretary, acting through the
				Commissioner of Food and Drugs—
							(1)shall designate a
				drug as a new molecular entity standard review drug for purposes of section
				156a of title 35, United States Code, if that drug—
								(A)has a new
				molecular entity chemical type classification and standard review drug
				treatment potential classification; and
								(B)is not a drug
				developed to treat serious or life-threatening diseases;
								(2)shall apply the
				guidance issued in calendar year 2002 on serious or life-threatening diseases
				for purposes of paragraph (1)(B);
							(3)shall maintain
				and annually update a classification list of serious and life-threatening
				diseases; and
							(4)may remove the
				designation of a drug as a new molecular entity standard review drug as
				designated under paragraph (1).
							(c)Tropical
				disease productsThe Secretary shall certify tropical disease
				products for purposes of section 156a of title 35, United States
				Code.
						.
			(c)Technical and
			 conforming amendmentThe table of sections for chapter 14 of
			 title 35, United States Code, is amended by inserting after the item relating
			 to section 156 the following:

						156a. Extension and restoration
				of patent terms relating to neglected and tropical
				diseases.

					.
			(d)Study and
			 report
				(1)StudyThe
			 Director of the United States Patent and Trademark Office, in conjunction with
			 the Food and Drug Administration, the Department of Health and Human Services,
			 and the United States Agency for International Development, shall conduct a
			 study on the effect of patent extension and restoration on the ability of
			 pharmaceutical companies to develop and distribute tropical disease products
			 for poor and marginalized populations.
				(2)ReportNot
			 later than 1 year after the date of the enactment of this Act, the Director of
			 the United States Patent and Trademark Office shall submit a report on the
			 results of the study under paragraph (1) to—
					(A)the Committee on
			 Foreign Relations of the Senate and the Committee on Health, Education, Labor,
			 and Pensions of the Senate; and
					(B)the appropriate
			 committees of the House of Representatives.