		II
		110th CONGRESS
		1st Session
		S. 1159
		IN THE SENATE OF THE UNITED STATES

			April 19, 2007
			Mr. Hagel (for himself,
			 Mr. Harkin, Ms.
			 Snowe, Mr. Roberts,
			 Mr. Coleman, Mr. Warner, Ms.
			 Collins, Mr. Kennedy,
			 Mr. Dodd, Ms.
			 Mikulski, Mr. Schumer,
			 Mr. Lieberman, and
			 Mrs. Murray) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend part B of the Individuals with Disabilities
		  Education Act to provide full Federal funding of such part.

		1.Short titleThis Act may be cited as the
			 IDEA Full Funding
			 Act.
		2.Amendments to
			 IDEASection 611(i) of the
			 Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to
			 read as follows:

				(i)FundingFor the purpose of carrying out this part,
				other than section 619, there are authorized to be appropriated—
					(1)$12,144,803,000
				for fiscal year 2008, and there are hereby appropriated $1,361,842,000 for
				fiscal year 2008, which shall become available for obligation on July 1, 2008,
				and shall remain available through September 30, 2009;
					(2)$13,987,521,000
				for fiscal year 2009, and there are hereby appropriated $3,204,560,000 for
				fiscal year 2009, which shall become available for obligation on July 1, 2009,
				and shall remain available through September 30, 2010;
					(3)$15,957,362,000
				for fiscal year 2010, and there are hereby appropriated $5,174,401,000 for
				fiscal year 2010, which shall become available for obligation on July 1, 2010,
				and shall remain available through September 30, 2011;
					(4)$18,292,338,000 for
				fiscal year 2011, and there are hereby appropriated $7,509,377,000 for fiscal
				year 2011, which shall become available for obligation on July 1, 2011, and
				shall remain available through September 30, 2012;
					(5)$20,848,085,000
				for fiscal year 2012, and there are hereby appropriated $10,065,124,000 for
				fiscal year 2012, which shall become available for obligation on July 1, 2012,
				and shall remain available through September 30, 2013;
					(6)$23,772,812,000
				for fiscal year 2013, and there are hereby appropriated $12,989,851,000 for
				fiscal year 2013, which shall become available for obligation on July 1, 2013,
				and shall remain available through September 30, 2014;
					(7)$27,075,420,000
				for fiscal year 2014, and there are hereby appropriated $16,292,459,000 for
				fiscal year 2014, which shall become available for obligation on July 1, 2014,
				and shall remain available through September 30, 2015;
					(8)$30,837,945,000
				for fiscal year 2015, and there are hereby appropriated $20,054,984,000 for
				fiscal year 2015, which shall become available for obligation on July 1, 2015,
				and shall remain available through September 30, 2016; and
					(9)an amount equal to the sum of the maximum
				amounts of the grants all States may receive under subsection (a)(2)(B) for
				fiscal year 2016 and each succeeding fiscal year, and, there are hereby
				appropriated for each such year an amount equal to the sum of the maximum
				amounts of the grants all States may receive under subsection (a)(2)(B) for the
				fiscal year for which the determination is made minus $10,782,961,000, which
				shall become available for obligation on July 1 of the fiscal year for which
				the determination is made and shall remain available through September 30 of
				the succeeding
				year.
					.


115 HCON 33 : Designating the George C. Marshall Museum and George C. Marshall Research Library in Lexington, Virginia, as the National George C. Marshall Museum and Library.
U.S. House of Representatives
2017-06-08
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.

		III
		115th CONGRESS
		1st Session
		H. CON. RES. 33
		IN THE SENATE OF THE UNITED STATES
		June 8, 2017 Received and referred to the Committee on Energy and Natural ResourcesCONCURRENT RESOLUTION
		Designating the George C. Marshall Museum and George C. Marshall Research Library in Lexington,
			 Virginia, as the National George C. Marshall Museum and Library.

 Whereas General George C. Marshall served as Army Chief of Staff during World War II, Special Ambassador to China, Secretary of State, and Secretary of Defense;
 Whereas General George C. Marshall was promoted to General of the Army in 1944, one of only five Army five-star generals in the history of the United States;
 Whereas General George C. Marshall was awarded the Congressional Gold Medal in 1946 for his military strategy and vital role during World War II;
 Whereas General George C. Marshall was awarded the Nobel Peace Prize in 1953 for developing the European economic recovery strategy known as the Marshall Plan;
 Whereas the George C. Marshall Foundation was established in 1953 and is devoted to preserving the legacy of General George C. Marshall through educational scholarship programs and facilities;
 Whereas the George C. Marshall Foundation opened the George C. Marshall Museum and George C. Marshall Research Library in 1964 in Lexington, Virginia, on the post of the Virginia Military Institute, which is the alma mater of General George C. Marshall;
 Whereas the George C. Marshall Museum educates the public about the military and diplomatic contributions of General George C. Marshall through extensive exhibits; and
 Whereas the George C. Marshall Research Library maintains the most comprehensive collection of records documenting the life and leadership of General George C. Marshall: Now, therefore, be it

 That Congress designates the George C. Marshall Museum and George C. Marshall Research Library in Lexington, Virginia, as the National George C. Marshall Museum and Library.

	Passed the House of Representatives June 7, 2017.Karen L. Haas,Clerk


IV
111th CONGRESS
1st Session
H. CON. RES. 187
IN THE HOUSE OF REPRESENTATIVES

September 22, 2009
Mr. Brown of South Carolina (for himself, Mr. Wilson of South Carolina, Mr. Spratt, Mr. Clyburn, Mr. Barrett of South Carolina, and Mr. Inglis) submitted the following concurrent resolution; which was referred to the Committee on Oversight and Government Reform

CONCURRENT RESOLUTION
Remembering the 20th anniversary of Hurricane Hugo, which struck Charleston, South Carolina on September 21 through September 22, 1989.

Whereas September 21 through September 22, 2009, marks the 20th anniversary of Hurricane Hugo, one of the most destructive storms in United States history, making landfall in South Carolina;
Whereas Hurricane Hugo, with a storm surge that rose as high as 20 feet along the South Carolina coast, killed 57 people in the mainland United States and 29 people in the United States Caribbean islands and left an estimated 65,000 people homeless;
Whereas Hurricane Hugo resulted in 4 presidential disaster declarations, for the United States Virgin Islands, Puerto Rico, South Carolina, and North Carolina;
Whereas Hurricane Hugo inflicted an estimated $7,000,000,000 in total damages within the United States and an additional $3,000,000,000 in damages to the United States Virgin Islands;
Whereas Hurricane Hugo set a record as the most expensive hurricane to strike the United States up until that time;
Whereas Hurricane Hugo underscored the critical value of early evacuation, bold leadership, and personal and regional preparation and planning;
Whereas the people of South Carolina rose to meet Hurricane Hugo, working tirelessly to prepare for the storm and to assist their fellow citizens in its aftermath;
Whereas Hurricane Hugo was a reminder of the kindness and compassion of people, as help came from all parts of the Nation to assist in the areas damaged by Hugo;
Whereas the magnitude of the Hurricane Hugo disaster and difficulties with the Federal response led to important changes to the preparedness and response efforts of the Federal Government with respect to hurricanes in the United States; and
Whereas September is National Preparation Month and the President has emphasized the responsibility of all people of the United States to take time to prepare for potential emergencies by preparing an emergency supply kit and a family emergency plan, and to educate themselves about potential disasters: Now, therefore, be it

That Congress—
(1)recognizes the historical significance of the 20th anniversary of Hurricane Hugo; and
(2)remembers the victims of Hurricane Hugo.


116 HR 4464 IH: Ranked Choice Voting Act
U.S. House of Representatives
2019-09-24
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.

I116th CONGRESS1st SessionH. R. 4464IN THE HOUSE OF REPRESENTATIVESSeptember 24, 2019Mr. Raskin (for himself, Mr. Beyer, Mr. Cohen, Mr. Cooper, Mr. Kennedy, Mr. Khanna, Mr. McGovern, Mr. Moulton, Mr. Peters, Ms. Pingree, Miss Rice of New York, and Ms. Pressley) introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo establish the use of ranked choice voting in elections for the offices of Senator and
			 Representative in Congress, and for other purposes.

		1.Short title; finding of constitutional authority
 (a)Short TitleThis Act may be cited as the Ranked Choice Voting Act. (b)Finding of Constitutional authorityCongress finds that it has the authority to establish the terms and conditions States must follow in administering elections for the offices of Senator and Representative in Congress because the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for such offices.
			2.Requiring ranked choice voting for election of Senators and Representatives
 (a)In GeneralTitle III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle:

					CRanked Choice Voting
						1Requiring Ranked Choice Voting for Election of Senators and Representatives
							321.Requiring ranked choice voting for election of Senators and Representatives
 (a)Ranked Choice VotingEach State shall carry out elections for the office of Senator and the office of Representative in Congress, including primary, special, and general elections for such office, using a system of ranked choice voting (also known as instant runoff voting) under which each voter shall rank the candidates for the office in the order of the voter’s preference, in accordance with this title.
 (b)Ballot DesignEach State shall ensure that the ballot used in an election carried out using a system of ranked choice voting under this title meets each of the following requirements:
 (1)The ballot shall be simple and easy to understand. (2)The ballot shall include all qualified candidates for the election and (to the extent permitted under State law) options for voters to select write-in candidates. If feasible, the ballot shall permit voters to rank every candidate in the election. If it is not feasible for the ballot to permit voters to rank every candidate, the State may limit the number of candidates who may be ranked on the ballot to not fewer than 6.
 (3)The ballot shall include such instructions as the State considers necessary to enable the voter to rank candidates and successfully cast the ballot under the system.
									322.Prohibiting additional runoff elections
 (a)Primary electionsNo State may hold a runoff primary election for the office of Senator or the office of Representative in Congress after the date established under State law for the primary election for such office.
 (b)General electionsNo State may hold a runoff general election for the office of Senator or the office of Representative in Congress after the date established under section 25 of the Revised Statutes of the United States (2 U.S.C. 7) for the regularly scheduled general election for such office.
 (c)Special electionsNo State may hold a runoff special election for the office of Senator or the office of Representative in Congress after the date established by the State under State law for such special election for such office.
								323.Treatment of primary elections
 (a)Conditions for holding nonpartisan blanket primary electionsA State may hold a nonpartisan blanket primary election for the office of Senator or the office of Representative in Congress only if State law provides that at least 3 candidates advance to the subsequent general election, or, if write-in candidates are allowed in the general election, at least 2 candidates advance.
 (b)Rule of constructionNothing in this title shall be construed to require a State to hold a primary election for the office of Senator or the office of Representative in Congress prior to the date established under section 25 of the Revised Statutes of the United States (2 U.S.C. 7) for the regularly scheduled general election for such office, so long as the determination of the candidates who are elected to such office is based solely on the votes cast with respect to the election held on such date, as determined in accordance with the system of ranked choice voting under this title.
								324.Application to District of Columbia and Territories
 (a)Election of Delegates and Resident CommissionerIn this subtitle, the term Representative includes a Delegate or Resident Commissioner to the Congress. (b)Application to Northern Mariana IslandsThis subtitle shall apply with respect to the Commonwealth of the Northern Mariana Islands in the same manner as this subtitle applies to a State.
								2Tabulation Process
							331.Tabulation process
								(a)In General
 (1)Determination of candidate’s number of votesThe number of votes received by a candidate in either the initial tabulation or in an additional round of tabulation shall be equal to the number of ballots on which that candidate is the highest ranked continuing candidate.
 (2)Criteria for electionExcept as provided in section 332, a candidate shall be elected to the office of Senator or the office of Representative in Congress (or, in the case of a primary election, shall advance to the general election for such office as provided under the law of the State involved) if—
 (A)the candidate receives a number of votes greater than 50 percent of the number of ballots cast in the election; or
 (B)if the election official carries out additional rounds of tabulation under subsection (b), the candidate receives the greatest number of votes of the remaining continuing candidates (as described in such subsection).
										(b)Process in Case no Candidate Elected Under Initial Tabulation
 (1)Additional rounds of tabulationIf, under the initial tabulation of ballots, no candidate is elected to office (or, in the case of a primary election, no candidate advances to the general election for such office) under the criteria described in subsection (a)(2)(A), the election official shall carry out additional rounds of tabulation in accordance with paragraph (2) until only 2 continuing candidates remain.
 (2)Treatment of ballots in additional roundsIn each additional round of tabulation carried out under this subsection— (A)the candidate receiving the fewest number of votes among all candidates (or, in the case of a State which applies batch elimination under section 334, each candidate in the batch elimination group) shall be treated as a defeated candidate;
 (B)for each ballot cast for a defeated candidate, the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate; and
 (C)the vote cast on the ballot shall be transferred to, and added to the total number of votes received by, the highest-ranked continuing candidate determined under subparagraph (B).
										332.Special rules for nonpartisan blanket primary elections
 (a)Determination of winning candidatesIn the case of a nonpartisan blanket primary election, a candidate for the office of Senator or the office of Representative in Congress shall be treated as a winning candidate and shall advance to the general election for such office if, during any round of tabulation carried out under this section, the candidate is a continuing candidate and the total number of winning and continuing candidates is equal to or less than the required number of winning candidates with respect to the election, as provided under the law of the State involved.
								(b)Tabulation process
 (1)Additional rounds of tabulationAfter the initial tabulation of ballots in a nonpartisan blanket primary election, the election official shall carry out additional rounds of tabulation in accordance with paragraph (2) until the number of winning candidates is equal to the required number of winning candidates with respect to the election, as provided under the law of the State involved.
 (2)Treatment of ballots in additional roundsIn each additional round of tabulation carried out under this subsection— (A)the candidate receiving the fewest number of votes among all candidates (or, in the case of a State which applies batch elimination under section 334, each candidate in the batch elimination group) shall be treated as a defeated candidate;
 (B)for each ballot cast for a defeated candidate, the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate; and
 (C)the vote cast on the ballot shall be transferred to, and added to the total number of votes received by, the highest-ranked continuing candidate determined under subparagraph (B).
										333.Exclusion of inactive ballots
 In any round of tabulation of ballots under this part, including the initial tabulation of ballots, a vote shall not be counted for any candidate if it is cast on an inactive ballot.
							334.Use of batch elimination
 (a)Batch elimination describedAt the option of the State, with respect to any candidate elimination round carried out under this subsection, a State may use batch elimination to treat multiple candidates as defeated candidates for purposes of the additional rounds of tabulation described in section 331(b)(2) or section 332(b)(2). A continuing candidate is in the elimination batch if it is mathematically impossible for that candidate to be a winning candidate in the election for any of the following reasons:
 (1)The candidate’s vote total in the initial tabulation of ballots plus all of the votes that could possibly be transferred to the candidate in the additional rounds of tabulation would not be enough to equal or surpass the continuing candidate with the next highest vote total in the initial tabulation of ballots.
 (2)The candidate has a lower current vote total than a continuing candidate described in paragraph (1).
 (b)Special rule for nonpartisan blanket primary electionsIn the case of a nonpartisan blanket primary election for which tabulation is carried out in accordance with section 332, a candidate may not be in the elimination batch if the candidate’s vote total is one of the top ___ vote totals among all continuing candidates, with the blank space filled in with the required number of winning candidates with respect to the election, as provided under the law of the State involved.
								335.Treatment of ties between candidates
 If a tie occurs between candidates with the greatest number of votes or the fewest number of votes at any point in the tabulation of ballots under this part and the tabulation cannot proceed until the tie is resolved, the tie shall be resolved in accordance with State law.
							336.Determination of votes cast for candidates of political parties for purposes of access to ballot in
 Federal electionsTo the extent that a State takes into account the number of votes cast in an election for candidates of a political party in determining the right of candidates of the party to appear on the ballot in subsequent elections for Federal office in the State, the State shall determine the number of votes cast for a candidate solely on the basis of the initial tabulation of ballots in the election, and shall not take into account any additional round of tabulation under section 331(b) or section 332(b).
							3Payments to States To Implement Ranked Choice Voting
							341.Payments to States to implement ranked choice voting
 (a)PaymentsNot later than June 1, 2021, the Commission shall make a payment to the State in an amount equal to—
 (1)in the case of the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, $1,000,000; or
 (2)in the case of any other State, the sum of $750,000 and the product of— (A)the number of Representatives to which the State is entitled under the reapportionment of Representatives resulting from the regular decennial census conducted during 2020; and
 (B)$250,000. (b)Use of FundsA State shall use the payment made under subsection (a) to implement ranked choice voting under this subtitle, including educating voters about ranked choice voting, and to otherwise carry out elections for Federal office in the State.
 (c)Authorization of AppropriationsThere are authorized to be appropriated such sums as may be necessary for payments under this section.
								4Definitions
 351.DefinitionsIn this subtitle, the following definitions apply: (1)The term continuing candidate means, with respect to an additional round of tabulation conducted under section 331(b) or section 332(b), a candidate who is neither a winning candidate nor a candidate who is treated as a defeated candidate under such section during the tabulation of ballots under such section.
 (2)The term inactive ballot means, with respect to a round of tabulation under section 331 or section 332— (A)a ballot on which the voter does not rank any of the continuing candidates in order of preference;
 (B)a ballot on which the voter ranked more than one continuing candidate at the highest order of preference; or
 (C)a ballot on which the voter skips two or more consecutive numerical rankings prior to the ranking for the continuing candidate at the highest order of preference.
 (3)The term nonpartisan blanket primary election means a single, open primary election for the office of Senator or the office of Representative in Congress in which all candidates for the office are listed on the same primary election ballot, regardless of political party affiliation.
 (4)The term winning candidate means a candidate who was elected to office (or, in the case of a primary election, who advanced to the general election for such office as provided under the law of the State involved) under the tabulation process applicable to the election under part 2 at any time during the tabulation of ballots..
 (b)Conforming amendment relating to applicability of enforcement provisionsSection 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, and 303 and inserting title III. (c)Clerical AmendmentThe table of contents of such Act is amended by adding at the end of the item relating to title III the following:

						Subtitle C—Ranked Choice Voting
						Part 1—Requiring Ranked Choice Voting for Election of Senators and Representatives
						Sec. 321. Requiring ranked choice voting for election of Senators and Representatives.
						Sec. 322. Prohibiting additional runoff elections.
						Sec. 323. Treatment of primary elections.
						Sec. 324. Application to District of Columbia and Territories.
						Part 2—Tabulation Process
						Sec. 331. Tabulation process.
						Sec. 332. Special rules for nonpartisan blanket primary elections.
						Sec. 333. Exclusion of inactive ballots.
						Sec. 334. Use of batch elimination.
						Sec. 335. Treatment of ties between candidates.
						Sec. 336. Determination of votes cast for candidates of political parties for purposes of access to
			 ballot in Federal elections.
						Part 3—Payments to States To Implement Ranked Choice Voting
						Sec. 341. Payments to States to implement ranked choice voting.
						Part 4—Definitions
						Sec. 351. Definitions.
					.
 3.No effect on elections for State and local officeNothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office.
 4.SeverabilityIf any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.
 5.Effective dateThis Act and the amendments made by this Act shall apply with respect to elections for Federal office held on or after January 1, 2022.


IV
111th CONGRESS
1st Session
H. RES. 804
In the House of Representatives, U. S.,

October 8, 2009

RESOLUTION
Providing for the concurrence by the House in the Senate amendment to H.R. 1016, with amendments.

That upon the adoption of this resolution the bill (H.R. 1016) entitled An Act to amend title 38, United States Code, to provide advance appropriations authority for certain medical care accounts of the Department of Veterans Affairs, and for other purposes, with the Senate amendment thereto, shall be considered to have been taken from the Speaker’s table to the end that the Senate amendment thereto be, and the same is hereby, agreed to with the following amendment:
Strike all after the enacting clause and insert the following:
1.Short titleThis Act may be cited as the Veterans Health Care Budget Reform and Transparency Act of 2009.
2.President’s budget submissionSection 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph:

(36)information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account:
(A)Medical Services.
(B)Medical Support and Compliance.
(C)Medical Facilities..
3.Advance appropriations for certain medical care accounts of the Department of Veterans Affairs
(a)In generalChapter 1 of title 38, United States Code, is amended by inserting after section 116 the following new section:

117.Advance appropriations for certain medical care accounts
(a)In generalFor each fiscal year, beginning with fiscal year 2011, discretionary new budget authority provided in an appropriations Act for the medical care accounts of the Department shall—
(1)be made available for that fiscal year; and
(2)include, for each such account, advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year.
(b)Estimates requiredThe Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the medical care accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.
(c)Medical care accountsFor purposes of this section, the term medical care accounts of the Department means the following medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account:
(1)Medical Services.
(2)Medical Support and Compliance.
(3)Medical Facilities.
(d)Annual reportNot later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department’s resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 113 the following new line:

117. Advance appropriations for certain medical care accounts..
4.Comptroller General review of the accuracy of VA medical care budget submission in relation to baseline health care model projection
(a)Review of accuracy of medical care budget submissionThe Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department.
(b)Reports
(1)In generalNot later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a).
(2)ElementsEach report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following:
(A)An assessment of the review conducted under subsection (a).
(B)The basis for such assessment.
(C)Such additional information as the Comptroller General determines appropriate.
(3)Availability to the publicEach report submitted under this subsection shall also be made available to the public.

Lorraine C. Miller,Clerk.


109 HR 4156 IH: Trade Adjustment Assistance Improvement Act
U.S. House of Representatives
2005-10-27
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
109th CONGRESS 1st Session
H. R. 4156
IN THE HOUSE OF REPRESENTATIVES

October 27, 2005
Mr. Smith of Washington (for himself, Mr. Rangel, Mr. Cardin, Mr. Stark, Mr. Levin, Mr. McDermott, Mr. McNulty, Mr. Jefferson, Mrs. Jones of Ohio, Mr. Emanuel, Mrs. Tauscher, Mr. Kind, Mr. Davis of Alabama, Mr. Ackerman, Mr. Allen, Mr. Baird, Ms. Baldwin, Ms. Bean, Mr. Berman, Mr. Blumenauer, Mr. Boren, Mr. Boucher, Mr. Cardoza, Mr. Carnahan, Mr. Case, Mr. Costello, Mr. Crowley, Ms. DeLauro, Mr. Dicks, Mr. Dingell, Mr. Engel, Mr. Etheridge, Ms. Eshoo, Mr. Ford, Mr. Gonzalez, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. Grijalva, Ms. Harman, Ms. Herseth, Mr. Higgins, Mr. Hinojosa, Mr. Holden, Ms. Hooley, Mr. Holt, Mr. Inslee, Ms. Eddie Bernice Johnson of Texas, Mr. Kildee, Ms. Kilpatrick of Michigan, Mr. Larsen of Washington, Ms. Lee, Mr. Lynch, Mrs. Maloney, Mr. Matheson, Ms. Matsui, Mrs. McCarthy, Ms. McCollum of Minnesota, Mr. McIntyre, Mr. Meeks of New York, Mr. Michaud, Ms. Millender-McDonald, Mr. Miller of North Carolina, Mr. George Miller of California, Mr. Nadler, Mr. Owens, Mr. Price of North Carolina, Mr. Ryan of Ohio, Ms. Linda T. Sánchez of California, Mr. Sanders, Mr. Snyder, Ms. Solis, Mr. Strickland, Mr. Van Hollen, Mr. Wexler, Ms. Schwartz of Pennsylvania, and Mr. Ross) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Energy and Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Trade Act of 1974 to extend the trade adjustment assistance program to the service sector, and for other purposes.

1.Short titleThis Act may be cited as the Trade Adjustment Assistance Improvement Act.
2.FindingsThe Congress makes the following findings:
(1)Furthering trade and economic engagement with other nations is a necessary, but not sufficient, component of a long term strategy to grow the United States economy and promote American competitiveness in the global economy.
(2)A comprehensive strategy for economic growth and competitiveness of the United States must—
(A)build a strong framework of rules for international trade;
(B)open substantial new markets for American goods, services, and farm products in order to level the playing field for American workers in all sectors of the economy; and
(C)establish a comprehensive framework to provide training and education to Americans throughout their lives so that they may take full advantage of the opportunities of the global economy and adjust to changing technological demands.
(3)The Trade Adjustment Assistance program provided for under the Trade Act of 1974 forms a critical component of this comprehensive strategy for American competitiveness, by helping hard-working Americans transition to the global economy and adjust to economic changes resulting from the trade policy of the United States.
(4)As currently structured, however, the Trade Adjustment Assistance program fails to ensure that all workers negatively affected by trade have access to the assistance they need to compete in the global economy, as service workers are excluded entirely from the program, a lack of adequate funding for training leaves many dislocated workers without timely access to the training they need to find jobs, and unnecessary and burdensome hurdles prevent eligible workers from gaining access to benefits for which they are eligible.
3.Extension of trade adjustment assistance to services sector
(a)Adjustment assistance for workersSection 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking agricultural firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm or public agency).
(b)Group eligibility RequirementsSection 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended—
(1)in subsection (a)—
(A)in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm or public agency);
(B)in paragraph (1), by inserting or public agency after of the firm; and
(C)in paragraph (2)—
(i)in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided; and
(ii)by striking subparagraph (B) and inserting the following:

(B)
(i)there has been a shift, by such workers’ firm, subdivision, or public agency to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles which are produced, or services which are provided, by such firm, subdivision, or public agency; or
(ii)such workers’ firm, subdivision, or public agency has obtained or is likely to obtain services described in clause (i) from a foreign country.;
(2)in subsection (b)—
(A)in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm or public agency);
(B)in paragraph (2), by inserting or service after related to the article; and
(C)in paragraph (3)(A), by inserting or services after component parts;
(3)in subsection (c)—
(A)in paragraph (3)—
(i)by inserting or services after value-added production processes;
(ii)by striking or finishing and inserting , finishing, testing, packaging, or maintenance or transportation services;
(iii)by inserting or services after for articles;
(iv)by inserting (or subdivision) after such other firm; and
(v)by striking , if the certification and all that follows through Mexico; and
(B)in paragraph (4)—
(i)by striking for articles and inserting , or services, for articles or services; and
(ii)by inserting (or subdivision) after such other firm; and
(4)by adding at the end the following new subsections:

(d)Basis for Secretary’s determinations
(1)Increased importsFor purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive articles or services exist if the workers’ firm or subdivision, or customers of the workers’ firm or subdivision accounting for not less than 20 percent of the sales of the workers’ firm or subdivision, certify to the Secretary that they are obtaining such articles or services from a foreign country.
(2)Obtaining services abroadFor purposes of subsection (a)(2)(B)(ii), the Secretary may determine that the workers’ firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers’ firm, subdivision, or public agency.
(3)Authority of the SecretaryThe Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or such other manner as the Secretary determines is appropriate.
(e)Additional informationIn determining whether to certify a group of workers under subsection (a) or (b) pursuant to a petition filed under section 221, the Secretary should contact officials of firms and unions, employees, and any other persons, government agencies (whether Federal or State), or organizations, both public and private, as appropriate, in order to confirm information furnished in the petition and to elicit other relevant information..
(c)Training
(1)FundingSection 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking for any fiscal year shall not exceed $220,000,000. and inserting
shall not exceed—
(i)$440,000,000 in each of fiscal years 2006 and 2007;
(ii)$484,000,000 in fiscal year 2008;
(iii)$528,000,000 in fiscal year 2009;
(iv)$572,000,000 in fiscal year 2010;
(v)$616,000,000 in fiscal year 2011; and
(vi)$660,000,000 in fiscal year 2012..
(2)Report on allocation of training fundsThe Comptroller General shall, not later than 6 months after the date of the enactment of this Act, evaluate and report to the Congress on the effectiveness of the mechanism for allocating training funds between the States and among individuals under section 236(a)(2) of the Trade Act of 1974. The report shall contain—
(A)an evaluation of the adequacy of total funding for training of adversely affected workers eligible for trade adjustment assistance under chapter 2 of title II of the Trade Act of 1974, and the extent to which the allocation mechanism provides States and individuals with sufficient training funds to meet the needs of all such eligible workers; and
(B)recommendations for improving the allocation of training funds to States and individuals under section 236(a)(2) of the Trade Act of 1974.
(d)DefinitionsSection 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended—
(1)in paragraph (1)—
(A)by inserting or public agency after of a firm; and
(B)by inserting or public agency after or subdivision;
(2)in paragraph (2)(B), by inserting or public agency after the firm;
(3)by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and
(4)by inserting after paragraph (6) the following:

(7)The term public agency means a department or agency of a State or local government or of the Federal Government.
(8)The term service sector firm means an entity engaged in the business of providing services..
(e)Technical AmendmentSection 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking , other than subchapter D.
4.Training
(a)Basis for waiverSection 231(c)(1) of the Trade Act of 1974 (19 U.S.C. 2291(c)(1)) is amended by adding at the end the following:

(G)Advanced degree or certificationThe worker possesses a postgraduate degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or equivalent foreign institution, or has received an equivalent postgraduate certification in a specialized field, and there is a reasonable expectation of employment at equivalent wages in the foreseeable future..
(b)Training programsSection 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended—
(1)by striking and at the end of subparagraph (E)(ii);
(2)by striking the period at the end of subparagraph (F) and inserting , and; and
(3)by adding at the end the following:

(G)continuation of enrollment at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) for the purpose of obtaining a degree, for a period of no longer than 104 weeks, if prior to total or partial separation from adversely affected employment, the worker was enrolled in such program, and there is a reasonable expectation of employment at equivalent wages upon completion of the program..
5.Alternative trade adjustment assistanceSection 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended—
(1)by striking subsection (b); and
(2)in subsection (a)—
(A)by striking (a) In General.—;
(B)in paragraph (1)—
(i)by designating that paragraph as subsection (a) and moving the text 2 ems to the left; and
(ii)by striking paragraph (2) and inserting subsection (b); and
(C)by striking paragraphs (2) through (5) and inserting the following:

(b)Benefits
(1)PaymentsA State shall use the funds provided to the State under section 241 to pay, for a period not to exceed 2 years, to a worker described in subsection (c)(2), 50 percent of the difference between—
(A)the wages received by the worker from reemployment; and
(B)the wages received by the worker at the time of separation.
(2)Health insuranceA worker described in subsection (c)(2) participating in the program established under subsection (a) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under section 35 of the Internal Revenue Code of 1986.
(c)EligibilityA group of workers certified under subchapter A as eligible for adjustment assistance under subchapter A is eligible for the alternative trade adjustment assistance program under this section. A worker in such a group may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
(1)obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(2)is at least 50 years of age;
(3)earns not more than $50,000 each year in wages from reemployment;
(4)is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(5)does not return to the employment from which the worker was separated.
(d)Total amount of paymentsThe payments described in subsection (b)(1) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period.
(e)Limitation on other benefitsExcept as provided in section 238(a)(2)(B), if a worker is receiving payments pursuant to the program established under subsection (a), the worker shall not be eligible to receive any other benefits under this title..
6.Trade adjustment assistance for firms and industries
(a)Firms
(1)AssistanceSection 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended—
(A)in subsection (a), by inserting or service sector firm after (including any agricultural firm;
(B)in subsection (c)(1)—
(i)in the matter preceding subparagraph (A), by inserting or service sector firm after any agricultural firm;
(ii)in subparagraph (B)(ii), by inserting or service after of an article; and
(iii)in subparagraph (C), by striking articles like or directly competitive with articles which are produced and inserting articles or services like or directly competitive with articles or services which are produced or provided; and
(C)by adding at the end the following:

(e)Basis for Secretary determination
(1)Increased importsFor purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive articles or services exist if customers accounting for not less than 20 percent of the sales of the workers’ firm certify to the Secretary that they are obtaining such articles or services from a foreign country.
(2)Authority of the SecretaryThe Secretary may obtain the certifications under paragraph (1) through questionnaires or such other manner as the Secretary determines is appropriate. The subpoena power described in section 249 shall be extended to the Secretary for purposes of carrying out this subsection..
(2)Authorization of appropriationsSection 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended—
(A)by striking $16,000,000 and inserting $32,000,000; and
(B)by adding at the end the following: If the amount appropriated pursuant to this subsection in any fiscal year is less than the amount authorized to be appropriated by this subsection, the Secretary shall consult with the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives, the Committee on Finance and the Committee on Appropriations of the Senate, and any other committee of appropriate jurisdiction in Congress on allocating the amount so appropriated..
(3)DefinitionSection 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended—
(A)by striking For purposes of and inserting (a) Firm.—For purposes of; and
(B)by adding at the end the following:

(b)Service sector firmFor purposes of this chapter, the term service sector firm means a firm engaged in the business of providing services..
(b)IndustriesSection 265(a) of the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by inserting or service after new product.
(c)Clerical Amendment
(1)Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended—
(A)by amending the section heading to read as follows:

249.Subpoena authority; and
(B)by striking subpena each place it appears and inserting subpoena.
(2)The item relating to section 249 in the table of contents of the Trade Act of 1974 is amended to read as follows:

249. Subpoena authority.
7.Monitoring and reportingSection 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended—
(1)in this first sentence—
(A)by striking The Secretary and inserting (a) Monitoring Programs.—The Secretary;
(B)by inserting and services after imports of articles;
(C)by inserting and domestic provision of services after domestic production;
(D)by inserting or providing services after producing articles; and
(E)by inserting , or provision of services, after changes in production; and
(2)by adding at the end the following:

(b)Collection of data and reports
(1)Secretary of Labor
(A)Not later than 3 months after the date of the enactment of the Trade Adjustment Assistance Improvement Act, the Secretary of Labor shall implement a system to collect data on all adversely affected workers who apply for or receive adjustment assistance under this chapter, including—
(i)the following information, classified by State, by industry, and by total number:
(I)the number of petitions filed, certified, and denied;
(II)the number of workers covered by the petitions filed, certified, and denied;
(III)a breakdown of the number of certified petitions by the cause of dislocation (that is, increase in imports, shift in production, and other causes for eligibility for adjustment assistance under this chapter);
(IV)the number of workers receiving adjustment assistance under this chapter;
(V)reemployment rates for workers receiving adjustment assistance under this chapter; and
(VI)wage replacement rates for workers receiving adjustment assistance under this chapter; and
(ii)the following information, classified by State and by total number:
(I)the presence of a collective bargaining agreement among workers covered by petitions filed, certified, and denied;
(II)the type of adjustment assistance received under this chapter (that is, training or education assistance, alternative trade adjustment assistance, cash benefits, health insurance tax credits, relocation allowances, and job search allowances), the number of workers receiving each type of assistance, the average dollar amount of benefits received per worker for each type of assistance, and the average duration of time workers receive each type of assistance;
(III)the fields of training or education in which workers receiving training or education benefits under this chapter are enrolled, and the number of workers participating in each field;
(IV)the number of workers completing a course of training or education;
(V)the number of workers failing to complete a course of training or education, classified by the cause for early termination; and
(VI)the number of training waivers granted.
(B)The Secretary shall make the data collected under subparagraph (A) publicly available on the website of the Department of Labor, in a format that allows searching of the data by category, and shall update the data at least every 6 months.
(C)Not later than 16 months after such date of enactment, the Secretary of Labor shall report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and any other committee of appropriate jurisdiction, on whether changes to eligibility requirements, benefits, or training funding should be made based on the data collected under subparagraph (A).
(2)Secretary of CommerceNot later than 6 months after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries..
8.Extension of TAA program
(a)For workersSection 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking 2007 and inserting 2012.
(b)For firmsSection 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking 2007 and inserting 2012.
(c)TerminationSection 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking 2007 each place it appears and inserting 2012.
9.Calculation of separation tolled during litigationSection 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following:

(h)Special Rule for Calculating SeparationNotwithstanding any other provision of this chapter, any period during which an appeal in an administrative or judicial proceeding is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2), and an adversely affected worker that would otherwise be entitled to a trade adjustment allowance shall not be denied such allowance because of such appeal..
10.Other methods of requesting investigationSection 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended—
(1)by adding at the end the following:

(c)Other methods of initiating a petition
(1)In generalUpon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of—
(A)a group of workers (which may include workers from more than one facility or employer); or
(B)all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.
(2)PublicationUpon making a determination of the eligibility for adjustment assistance under this chapter of a group of workers or all workers in an occupation, the Secretary shall promptly publish a summary of the determination, together with a summary of the basis for the determination, in the Federal Register and on the website of the Department of Labor.;
(2)in subsection (a)(2), by inserting or a request or resolution filed under subsection (c), after paragraph (1),; and
(3)in subsection (a)(3), by inserting , request, or resolution after petition each place it appears.
11.NotificationSection 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows:

224.Notifications regarding affirmative determinations and safeguards
(a)Notifications regarding chapter 1 investigations and determinationsWhenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately—
(1)notify the Secretary of Labor of that finding; and
(2)in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding.
(b)Notification regarding bilateral safeguardsThe International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:
(1)Section 421 of this Act (19 U.S.C. 2451).
(2)Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(3)Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(4)Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(5)Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(6)Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)).
(7)Section 212 of the United States-Jordan Free Trade Agreement Implementation Act (19 U.S.C. 2112 note).
(8)Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(c)Agricultural safeguardsThe Commissioner of Customs shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner of Customs assesses additional duties on a product pursuant to one of the following provisions:
(1)Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(2)Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(3)Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(4)Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358).
(5)Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
(6)Section 404 of the Trade and Tariff Act of 1984 (19 U.S.C. 2112 note).
(7)Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(d)Textile safeguardsThe President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions:
(1)Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(2)Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(3)Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(4)Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(5)Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 3805 note).
(e)Antidumping and countervailing dutiesWhenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination..
12.Industry-Wide determinationSection 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following:

(e)Determination regarding Industry-Wide certification
(1)DeterminationIf the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or certifies 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall make an determination, under subsection (a) of this section, of the eligibility of all adversely affected workers in that domestic industry or occupation.
(2)PublicationUpon making a determination of the eligibility for adjustment assistance under this chapter of a group of workers or all workers in an industry or occupation under paragraph (1), the Secretary shall promptly publish a summary of the determination, together with a summary of the basis for the determination, in the Federal Register and on the website of the Department of Labor..
13.Coordination with other trade provisions
(a)Industry-Wide certification based on global safeguards
(1)Recommendations by itc
(A)Section 202(e)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by striking , including the provision of trade adjustment assistance under chapter 2.
(B)Section 203(a)(3)(D) of the Trade Act of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended by striking , including the provision of trade adjustment assistance under chapter 2.
(2)Assistance for workersParagraph (1)(A) of section 203(a) of the Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read as follows:

(1)
(A)After receiving a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry—
(i)the President shall take all appropriate and feasible action within his power; and
(ii)
(I)the Secretary of Labor shall certify as eligible to apply for adjustment assistance under section 223 workers employed in the domestic industry defined by the Commission if such workers become totally or partially separated, or are threatened to become totally or partially separated, not more than 1 year before, or not more than 1 year after, the date on which the Commission made its report to the President under section 202(f); and
(II)in the case of a finding with respect to an agricultural commodity as defined in section 291, the Secretary of Agriculture shall certify as eligible to apply for adjustment assistance under section 293 agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the finding during the most recent marketing year..
(b)Industry-Wide certification based on bilateral safeguard provisions or antidumping or countervailing duty orders
(1)In generalSubchapter A of chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 224 the following new section:

224A.Industry-Wide certification where bilateral safeguard provisions invoked or antidumping or countervailing duties imposed
(a)In generalNot later than 10 days after the date on which the Secretary of Labor receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (a), (b), (c), (d), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 223(a) workers employed in the domestic production of the article that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, if such workers become totally or partially separated, or are threatened to become totally or partially separated, not more than 1 year before, or not more than 1 year after, the applicable date.
(b)Applicable dateIn this section, the term applicable date means—
(1)the date on which the affirmative or positive determination or finding is made, in the case of a notification under section 224 (a), (b), or (d);
(2)the date on which a final determination is made, in the case of a notification under section 224(e); or
(3)the date on which additional duties are assessed, in the case of a notification under section 224(c)..
(2)Agricultural commodity producersChapter 6 of title II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended by striking section 294 and inserting the following:

294.Industry-Wide certification for agricultural commodity producers where safeguard provisions invoked or antidumping or countervailing duties imposedNot later than 10 days after the date on which the Secretary of Agriculture receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (b), (c), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 293(a) agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, during the most recent marketing year..
(c)Conforming amendmentsThe table of contents for title II of the Trade Act of 1974 is amended—
(1)by striking the item relating to section 224 and inserting the following:

Sec. 224. Notifications regarding affirmative determinations and safeguards;
(2)by inserting after the item relating to section 224 the following:

Sec. 224A. Industry-wide certification based on bilateral safeguard provisions invoked or antidumping or countervailing duties imposed; and
(3)by striking the item relating to section 294 and inserting the following:

Sec. 294. Industry-wide certification for agricultural commodity producers where safeguard provisions invoked or antidumping or countervailing duties imposed.
14.Public availability of informationSubsections (c) and (d) of section 223 of the Trade Act of 1974 (19 U.S.C. 2273(c) and (d)) are each amended by inserting and on the website of the Department of Labor, after Federal Register.
15.Trade Adjustment Assistance AdvisorThere is established in the Department of Labor an office to be known as the Office of the Trade Adjustment Assistance Advisor. The Office shall be headed by a Director appointed by the Secretary of Labor, who shall be responsible for the operation of a telephone hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under chapter 2 of title II of the Trade Act of 1974. The Director shall also coordinate with State agencies responsible for administering benefits under such chapter in order to ensure that the States are complying with their obligations under such chapter.
16.Agreements with StatesSection 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)) is amended by striking and (4) and inserting (4) will use personnel standards on a merit basis in the administration of services and payment of benefits to adversely affected workers under this chapter, and (5).
17.GAO study The Comptroller General shall, not later than 6 months after the date of the enactment of this Act, conduct, and submit to the Congress a report on, a study evaluating the extent to which—
(1)States are meeting each of the obligations set forth in sections 239(f) and 221(a)(2)(A) of the Trade Act of 1974; and
(2)the Secretary of Labor is meeting each of the obligations set forth in section 225 of the Trade Act of 1974. If the Comptroller General finds that any of the obligations referred to in paragraphs (1) and (2) are not being met, the Comptroller General shall include in the report an analysis of the reasons for such noncompliance.
18.RegulationsThe Secretary of the Treasury, the Secretaries of Agriculture and Labor, and the International Trade Commission may promulgate such regulations as may be necessary to carry out the amendments made by sections 3 through 16.
19.Modifications relating to credit for health insurance costs of certain TAA and PBGC pension recipients
(a)Increase in credit percentage amount
(1)In generalSubsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking 65 percent and inserting 80 percent (100 percent in the case of the taxpayer’s first eligible coverage month).
(2)Conforming amendmentSubsection (b) of section 7527 of such Code is amended by striking 65 percent and inserting 80 percent (100 percent in the case of the taxpayer’s first eligible coverage month).
(b)Presumptive status as a TAA recipient
(1)In generalSubsection (c) of section 35 of such Code is amended by adding at the end the following new paragraph:

(5)Presumptive status as a TAA recipient
(A)In generalThe term eligible individual shall include any individual who is covered by a petition filed with the Secretary of Labor under section 221 of the Trade Act of 1974. This paragraph shall apply to any individual only with respect to months which—
(i)end after the date that such petition is so filed, and
(ii)begin before the earlier of—
(I)the end of the 90-day period beginning on the date that such petition is so filed,
(II)the date that the Secretary of Labor makes a final determination not to issue a certification with respect to such petition, or
(III)the beginning of the first month that such individual is an eligible individual without regard to this paragraph.
(B)ExceptionIf the Secretary, after consultation with the Secretary of Labor, determines that, at the time of the filing of such petition, there was not reasonable cause to believe that the petition would result in a certification by the Secretary of Labor, with respect to individuals covered by such petition—
(i)subparagraph (A) shall not apply to such individuals, and
(ii)in the case of any such individual on whose behalf a payment is made under section 7527 with respect to a month described in paragraph (1), the tax imposed under this subtitle for the taxable year of such individual which includes the date of such determination shall be increased by the amount of such payments..
(2)Conforming amendments
(A)Paragraph (1) of section 7527(d) of such Code is amended by striking or an eligible alternative TAA recipient (as defined in section 35(c)(3)) and inserting , an eligible alternative TAA recipient (as defined in section 35(c)(3)), or an individual who is an eligible individual by reason of section 35(c)(5).
(B)Section 173(f)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(4)) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and, and by inserting after subparagraph (C) the following new subparagraph:

(D)an individual who is an eligible individual by reason of section 35(c)(5) of the Internal Revenue Code of 1986..
(c)Restrictions on individual market coverage
(1)Individual coverage not treated as qualified health insurance
(A)In generalParagraph (1) of section 35(e) of such Code is amended by striking subparagraph (J).
(B)Conforming amendmentSubparagraph (A) of section 173(f)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)) is amended by striking clause (x).
(2)Rating system requirement for certain State-based coverage
(A)In generalSubparagraph (A) of section 35(e)(2) of such Code is amended by adding at the end the following new clause:

(v)Rating system requirementIn the case of coverage described in paragraph (1)(F)(ii), the premiums for such coverage are restricted based on a community rating system or based on a rate-band system under which the maximum rate which may be charged does not exceed 150 percent of the standard rate..
(B)Conforming amendmentClause (i) of section 173(f)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended by adding at the end the following new subclause:

(V)Rating system requirementIn the case of coverage described in subparagraph (A)(vi)(II), the premiums for such coverage are restricted based on a community rating system or based on a rate-band system under which the maximum rate which may be charged does not exceed 150 percent of the standard rate..
(d)Modification of creditable coverage requirement
(1)In generalSubparagraph (B) of section 35(e)(2) of such Code is amended to read as follows:

(B)Qualifying individualFor purposes of this paragraph, the term qualifying individual means an eligible individual and the qualifying family members of such individual if such individual meets the requirements of clauses (iii) and (iv) of subsection (b)(1)(A) and—
(i)in the case of an eligible TAA recipient, an eligible alternative TAA recipient, or an individual who is an eligible individual by reason of subsection (c)(5), has (as of the date on which the individual seeks to enroll in the coverage described in subparagraphs (B) through (H) of paragraph (1)) a period of creditable coverage (as defined in section 9801(c)), or
(ii)in the case of an eligible PBGC pension recipient, enrolls in such coverage during the 90-day period beginning on the later of—
(I)the last day of the first month with respect to which such recipient becomes an eligible PBGC pension recipient, or
(II)the date of the enactment of the Trade Adjustment Assistance Improvement Act..
(2)Conforming amendmentClause (ii) of section 172(f)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended to read as follows:

(ii)Qualifying individualFor purposes of this subparagraph, the term qualifying individual means an eligible individual and the qualifying family members of such individual if such individual meets the requirements of clauses (iii) and (iv) of section 35(b)(1)(A) of the Internal Revenue Code of 1986 and—
(I)in the case of an eligible TAA recipient, an eligible alternative TAA recipient, or an individual who is an eligible individual by reason of section 35(c)(5) of such Code, has (as of the date on which the individual seeks to enroll in the coverage described in clauses (ii) through (viii) of subparagraph (A)) a period of creditable coverage (as defined in section 9801(c) of such Code), or
(II)in the case of an eligible PBGC pension recipient, enrolls in such coverage during the 90-day period beginning on the later of—
(aa)the last day of the first month with respect to which such recipient becomes an eligible PBGC pension recipient, or
(bb)the date of the enactment of the Trade Adjustment Assistance Improvement Act..
(3)OutreachThe Secretary of the Treasury shall carry out a program to notify individuals prior to their becoming eligible PBGC pension recipients (as defined in section 35 of the Internal Revenue Code of 1986) of the requirement of subsection (e)(2)(B)(ii) of such section.
(e)Continued qualification of family members after certain events
(1)In generalSubsection (g) of section 35 of such Code is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph:

(9)Continued qualification of family members after certain eventsIn the case of a month which would be an eligible coverage month with respect to an eligible individual but for a qualifying event with respect to such individual (within the meaning of section 4980B(f)(3)), such month shall be treated as an eligible coverage month with respect to any qualifying family member of such eligible individual for a period of months not to exceed the period of months described in section 4980B(f)(2)(B) with respect to such qualifying event..
(2)Conforming amendmentSection 173(f) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by adding at the end the following:

(8)Continued qualification of family members after certain eventsIn the case of a month which would be an eligible coverage month with respect to an eligible individual but for a qualifying event with respect to such individual (within the meaning of section 4980B(f)(3) of the Internal Revenue Code of 1986), such month shall be treated as an eligible coverage month with respect to any qualifying family member of such eligible individual for a period of months not to exceed the period of months described in section 4980B(f)(2)(B) of such Code with respect to such qualifying event..
(f)TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage
(1)IRC amendmentSection 9801(c)(2) of the Internal Revenue Code of 1986 (relating to not counting periods before significant breaks in creditable coverage) is amended by adding at the end the following new subparagraph:

(D)TAA-eligible individuals
(i)TAA pre-certification period ruleIn the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date which is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 shall not be taken into account in determining the continuous period under subparagraph (A).
(ii)DefinitionsThe terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 4980B(f)(5)(C)(iv)..
(2)ERISA amendmentSection 701(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) is amended by adding at the end the following new subparagraph:

(C)TAA-eligible individuals
(i)TAA pre-certification period ruleIn the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).
(ii)DefinitionsThe terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 605(b)(4)(c)..
(3)PHSA amendmentSection 2701(c)(2) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by adding at the end the following new subparagraph:

(C)TAA-eligible individuals
(i)TAA pre-certification period ruleIn the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).
(ii)DefinitionsThe terms TAA-eligible individual, and TAA-related loss of coverage have the meanings given such terms in section 2205(b)(4)(c)..
(g)Offering of National fallback coverage
(1)Provision of fallback coverageThe Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall establish a program under which eligible individuals (as defined in section 35(c) of the Internal Revenue Code of 1986) are offered enrollment under health benefit plans that are made available under FEHBP.
(2)Terms and conditionsThe terms and conditions of health benefits plans under paragraph (1) shall be the same as the terms and coverage offered under FEHBP, except that the premium charged for such health benefit plans offered under such paragraph—
(A)shall be equal to the full premium (including both employer and beneficiary share) charged for such coverage determined in the same manner, subject to subparagraph (B), it is determined for full-time employees; and
(B)shall be determined for the pool of individuals covered under this subsection, separately from the pool of individuals otherwise covered under FEHBP.
(3)StudyThe Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall conduct a study of the impact of the offering of health benefit plans under this subsection on the terms and conditions, including premiums, for health benefit plans offered under FEHBP and shall submit to Congress, not later than 2 years after the date of the enactment of this Act, a report on such study. Such report may contain such recommendations regarding the establishment of separate risk pools for individuals covered under FEHBP and eligible individuals covered this subsection as may be appropriate to protect the interests of individuals covered under FEHBP.
(4)FEHBP definedFor purposes of this subsection, the term FEHBP means the Federal Employees Health Benefits Program offered under chapter 89 of title 5, United States Code.
(5)Conforming amendments
(A)Paragraph (1) of section 35(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following:

(K)Coverage under a health benefits plan offered under section 17(g) of the Trade Adjustment Assistance Improvement Act..
(B)Section 173(f)(2)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(A)) is amended by adding at the end the following new clause:

(xi)Coverage under a health benefits plan offered under section 17(g) of the Trade Adjustment Assistance Improvement Act..
(h)Report to CongressNot later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury shall transmit to the Congress a report which includes the recommendations of the Secretary regarding increasing the number eligible individuals who are covered by qualified health insurance, including increasing such number by increasing the credit subsidy under section 35 of the Internal Revenue Code of 1986 to make the premiums for such insurance more affordable. Terms used in this subsection which are defined in such section shall have the meaning given such terms by such section.
(i)Effective date
(1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
(2)Grandfathering of individual coverage rules for current recipientsThe amendments made by subsection (c) shall not apply with respect to any eligible individual (or qualifying family members with respect to such individual) for any month if such individual was an eligible individual for all previous months which began after the date of the enactment of this Act and was enrolled in coverage described in section 35(e)(1)(J) of such Code (as in effect immediately before the date of the enactment of this Act) for all such previous months.


110 HR 3460 IH: To amend the National Trails System Act to extend the

U.S. House of Representatives
2007-08-04
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3460
		IN THE HOUSE OF REPRESENTATIVES

			August 4, 2007
			Mr. Hill introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To amend the National Trails System Act to extend the
		  Lewis and Clark National Historic Trail.

		1.Short titleThis Act may be cited as the Lewis
			 and Clark National Historic Trail Amendments Act of 2007.
		2.FindingsCongress finds as follows:
			(1)The National
			 Trails System was established in 1968 to provide additional recreational
			 opportunities and promote preservation of access to outdoor areas and
			 historical resources of the nation, and has been amended over time to recognize
			 new categories of trails and to expand site designations.
			(2)The Lewis and Clark
			 National Historic Trail, as designated in 1978, omits several historically
			 significant sites relevant to the Lewis and Clark expedition.
			(3)Lewis and Clark
			 first came together at the Falls of the Ohio, located at Clarksville, Indiana,
			 and Louisville, Kentucky, to plan and prepare for their expedition.
			(4)The Corps of
			 Discovery was formed at the Falls of the Ohio when Lewis and Clark selected the
			 first enlisted members of the expedition and members were sworn into the army
			 during a ceremony witnessed by General George Rogers Clark.
			(5)On July 13, 2001,
			 the National Park Service certified the Falls of the Ohio State Park as an
			 official Lewis and Clark site associated with the Lewis and Clark National
			 Historic Trail.
			(6)On July 22, 2002,
			 the National Park Service certified Historic Locust Grove in Louisville,
			 Kentucky, as an official Lewis and Clark site associated with the Lewis and
			 Clark National Historic Trail.
			(7)The National
			 Council of the Lewis and Clark Bicentennial has designated the Falls of the
			 Ohio as a national signature event site in October, 2003, to commemorate the
			 bicentennial of the important events that occurred in Clarksville, Indiana, and
			 Louisville, Kentucky.
			(8)The areas in and
			 around Clarksville, Indiana, and Louisville, Kentucky, including the Falls of
			 the Ohio, are the sites of events pivotal to the Lewis and Clark expedition and
			 merit protection and recognition as components of the Lewis and Clark National
			 Historic Trail.
			3.Extension of
			 Lewis and Clark National Historic TrailSection 5(a)(6) of the National Trails
			 System Act (16 U.S.C. 1244(a)(6)) is amended—
			(1)in
			 the first sentence, by striking The and inserting (A)
			 The; and
			(2)by adding at the
			 end the following new subparagraph:

					(B)In addition to the
				route designated in subparagraph (A), the trail shall include the route
				traveled by Lewis and Clark from the Falls of Ohio, located in Clarksville,
				Indiana, and Louisville, Kentucky, to Wood River,
				Illinois.
					.


114 S3455 IS: Pharmaceutical Supply and Value Enhancement Act
U.S. Senate
2016-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3455
		IN THE SENATE OF THE UNITED STATES

			September 28, 2016
			Ms. Klobuchar (for herself and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To allow for expedited approval of generic prescription drugs and temporary importation of
			 prescription drugs in the case of noncompetitive drug markets and drug
			 shortages.

		1.Short title
 This Act may be cited as the Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act.
		2.Temporary importation of prescription drugs
 (a)Temporary importationSection 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended— (1)by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
 (2)by inserting after subsection (g) the following:  (h)Temporary importation authority (1)In generalIf, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if—
 (A)the drug is a drug subject to section 503(b)(1), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3);
 (B)the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1);
 (C)the imported drug has the same active ingredient as the drug for which there is a shortage described in subsection (i)(2)(B) with respect to manufacturers in the United States;
 (D)the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and
 (E)an importer (as defined in section 804(a)) files with the Secretary information— (i)attesting that the requirements under subparagraphs (A) through (D) are satisfied;
 (ii)identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and
 (iii)requesting authority to import the drug. (2)Beginning date of importationIf all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E).
 (3)Discretionary denial of importationThe Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that—
 (A)the drug is not safe and effective; (B)the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or
 (C)the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug.
 (4)Termination of authorityThe authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first..
 (b)Noncompetitive drug marketsChapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C–1 the following:

					506C–2.Noncompetitive drug markets
 (a)In generalIf the Secretary determines under subsection (b) that a noncompetitive market exists with respect to an applicable drug, the Secretary—
 (1)shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(g), and may expedite the review of applications and inspections in accordance with such subsection; and
 (2)shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(h), and shall authorize importation of the drug in accordance with such subsection.
							(b)Determination of noncompetitive market
 (1)In generalThe Secretary shall determine that a noncompetitive market exists with respect to an applicable drug if—
 (A)for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the ‘applicable listed drug’) or under section 505(j) that reference the applicable listed drug were commercially available in the United States;
 (B)the applicable listed drug was approved at least 10 years before such determination; and
 (C)each patent which claims an active ingredient of the applicable listed drug has expired. (2)Commercially available (A)In generalFor purposes of paragraph (1)(A), a drug is not commercially available in the United States if—
 (i)the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug;
 (ii)a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or (iii)the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant.
 (B)Holder of approved applicationIn determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than 1 application approved as described in paragraph (1)(A) with respect to an applicable drug, only 1 such drug shall be considered to be commercially available.
 (c)Applicable drugIn this section, the term applicable drug means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.
						.
 (c)Annual reporting on drug shortagesSection 506C–1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c–1(a)(3)(B)) is amended—
 (1)in clause (i), by striking ; and and inserting ;; (2)in clause (ii), by adding and after the semicolon; and
 (3)by inserting after clause (ii) the following:  (iii)the number of drugs authorized for temporary importation under section 506C(h);.


114 SCON 6 IS: Expressing the sense of Congress that John Arthur “Jack” Johnson should receive a posthumous pardon for the racially motivated conviction in 1913 that diminished the athletic, cultural, and historic significance of Jack Johnson and unduly tarnished his reputation.
U.S. Senate
2015-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III114th CONGRESS1st SessionS. CON. RES. 6IN THE SENATE OF THE UNITED STATESFebruary 26, 2015Mr. McCain (for himself and Mr. Reid) submitted the following concurrent resolution; which was referred to the Committee on the JudiciaryCONCURRENT RESOLUTIONExpressing the sense of Congress that John Arthur Jack Johnson should receive a posthumous pardon for the racially motivated conviction in 1913 that
			 diminished the athletic, cultural, and historic significance of Jack
			 Johnson and unduly tarnished his reputation.

 Whereas John Arthur Jack Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases;
 Whereas Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves;
 Whereas Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African-American heavyweights;
 Whereas, after being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns;
 Whereas Jack Johnson defeated Tommy Burns to become the first African-American to hold the title of Heavyweight Champion of the World;
 Whereas the victory by Jack Johnson over Tommy Burns prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the great white hope;
 Whereas, in 1910, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada;
 Whereas Jim Jeffries lost to Jack Johnson in what was deemed the Battle of the Century;
 Whereas the defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially motivated murder of African-Americans throughout the United States;
 Whereas the relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites;
 Whereas, between 1901 and 1910, 754 African-Americans were lynched, some for simply for being too familiar with White women;
 Whereas, in 1910, Congress passed the Act of June 25, 1910 (commonly known as the White Slave Traffic Act or the Mann Act) (18 U.S.C. 2421 et seq.), which outlawed the transportation of women in interstate or foreign commerce for the purpose of prostitution or debauchery, or for any other immoral purpose;
 Whereas, in October 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter;
 Whereas Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting the woman across State lines for an immoral purpose in violation of the Mann Act;
 Whereas the Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson;
 Whereas Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across State lines for the purpose of prostitution and debauchery;
 Whereas, in 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison;
 Whereas Jack Johnson fled the United States to Canada and various European and South American countries;
 Whereas Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915;
 Whereas Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Federal penitentiary at Leavenworth, Kansas;
 Whereas Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title;
 Whereas Jack Johnson served the United States during World War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause;
 Whereas Jack Johnson died in an automobile accident in 1946;
 Whereas, in 1954, Jack Johnson was inducted into the Boxing Hall of Fame; and
 Whereas, on July 29, 2009, the 111th Congress agreed to Senate Concurrent Resolution 29, which expressed the sense of the 111th Congress that Jack Johnson should receive a posthumous pardon for his racially motivated 1913 conviction: Now, therefore, be it

 That it remains the sense of Congress that Jack Johnson should receive a posthumous pardon—
 (1)to expunge a racially motivated abuse of the prosecutorial authority of the Federal Government from the annals of criminal justice in the United States; and
 (2)in recognition of the athletic and cultural contributions of Jack Johnson to society.


		III
		111th CONGRESS
		1st Session
		S. RES. 115
		IN THE SENATE OF THE UNITED STATES

			April 28, 2009
			Mr. Lieberman submitted
			 the following resolution; which was referred to the
			 Committee on Veterans'
			 Affairs

		RESOLUTION
		Recognizing the crucial role of assistance
		  dogs in helping wounded veterans live more independent lives, expressing
		  gratitude to The Tower of Hope, and supporting the goals and ideals of creating
		  a Tower of Hope Day.

		Whereas the brave men and women defending America’s
			 democracy in Iraq and Afghanistan are in harm's way;
		Whereas thousands of America’s returning veterans were
			 seriously wounded in combat, including brain injuries, single and double
			 amputations, and other traumatic wounds;
		Whereas these brave soldiers return to the United States
			 and spend weeks, months, and years in hospitals recovering, and return to their
			 homes needing assistance to regain their independence;
		Whereas these recovering soldiers who are teamed up with
			 assistance dogs lead more comfortable and more independent lives;
		Whereas these dogs provide assistance to wounded veterans
			 while walking, going up and down stairs, and getting up from a sitting or
			 fallen position, and also pick up dropped articles, retrieve items from a
			 distance, pull manual wheelchairs a short distance, turn lights on and off, and
			 perform other important daily tasks;
		Whereas assistance animals offer priceless companionship
			 and unconditional love on a daily basis;
		Whereas there are fewer than 75 veterans from Iraq and
			 Afghanistan who currently have assistance dogs, as many veterans cannot afford
			 them or do not know about the benefits that assistance dogs provide;
		Whereas severely wounded veterans currently have to wait
			 up to 2 years before they can receive an assistance animal;
		Whereas The Tower of Hope was created following the
			 attacks of September 11, 2001, to bring hope to wounded veterans by providing
			 them with assistance dogs at no cost; and
		Whereas The Tower of Hope has substantially improved many
			 lives by raising funds for the training of assistance dogs, providing grants
			 for American combat wounded veterans, and advocating for the benefits of these
			 animals: Now, therefore, be it

		That the Senate—
			(1)acknowledges the importance of assistance
			 dogs in helping combat-wounded veterans live happier and more independent
			 lives;
			(2)applauds the outstanding work of The Tower
			 of Hope and its dedication to training and providing assistance dogs to wounded
			 veterans, as well as educating people about the benefits of such
			 animals;
			(3)expresses deep gratitude and support to
			 volunteers and donors who have made this great program possible by generously
			 offering time and funds;
			(4)encourages the general public to support
			 wounded veterans by volunteering or donating to help train assistance
			 dogs;
			(5)calls for a vigorous promotion of, and
			 advocacy for, the benefits of assistance animals to physicians and the general
			 public; and
			(6)supports the goals and ideals of creating a
			 Tower of Hope Day in honor of wounded American veterans and their service dogs,
			 the work of The Tower of Hope, and the many generous donors.