		II
		111th CONGRESS
		1st Session
		S. 921
		IN THE SENATE OF THE UNITED STATES

			April 28, 2009
			Mr. Carper introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend chapter 35 of title 44, United States Code, to
		  recognize the interconnected nature of the Internet and agency networks,
		  improve situational awareness of Government cyberspace, enhance information
		  security of the Federal Government, unify policies, procedures, and guidelines
		  for securing information systems and national security systems, establish
		  security standards for Government purchased products and services, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the United States Information and
			 Communications Enhancement Act of 2009 or the
			 U.S. ICE Act of
			 2009.
		2.FindingsThe Congress finds the following:
			(1)The development
			 of an interconnected global information infrastructure has significantly
			 enhanced the productivity, prosperity, and collaboration of people, business,
			 and governments worldwide.
			(2)The information
			 infrastructure of the United States is a strategic national resource vital to
			 our democracy, economy, and security.
			(3)The Federal
			 Government must increasingly rely on a trusted and resilient information
			 infrastructure to effectively and efficiently communicate with and deliver
			 services to citizens, enhance economic prosperity, defend the Nation from
			 attack, and recover from natural disasters.
			(4)Since 2002 the
			 Federal Government has experienced multiple high-profile breaches that resulted
			 in the theft of sensitive information amounting to more than the entire print
			 collection contained in the Library of Congress, including personally
			 identifiable information, advanced scientific research, and prenegotiated
			 United States diplomatic positions.
			(5)On March 12, 2008
			 witnesses testified before a hearing held by the Subcommittee on Federal
			 Financial Management, Government Information, Federal Services, and
			 International Security of the Committee on Homeland Security and Governmental
			 Affairs of the Senate that—
				(A)implementation of
			 the Federal Information Security Management Act of 2002 (Public Law 107–296;
			 116 Stat. 2135) wastes agency resources on paperwork exercise instead of
			 security;
				(B)agencies do not
			 fully understand what information they hold, who has access to that
			 information, and whether the information has been compromised; and
				(C)agencies lack
			 effective coordination for mitigating and responding to cyber-related
			 incidents.
				(6)The Federal
			 Information Security Management Act of 2002 (Public Law 107–296; 116 Stat.
			 2135) needs to be amended to increase the coordination of agency activities to
			 enhance situational awareness throughout the Federal Government using more
			 effective enterprise-wide automated monitoring, detection, and response
			 capabilities.
			3.Coordination of
			 Federal Information PolicyChapter 35 of title 44, United States Code,
			 is amended by striking subchapters II and III and inserting the
			 following:

				IIInformation
				security
					3551.Definitions
						(a)Except as
				provided under subsection (b), the definitions under section 3502 shall apply
				to this subchapter.
						(b)In this
				subchapter:
							(1)The term
				adequate security means security commensurate with the risk and
				magnitude of harm resulting from the loss, misuse, or unauthorized access to,
				or modification, of information.
							(2)The term
				Director means the Director of the National Office for
				Cyberspace.
							(3)The term
				incident means an occurrence that actually or potentially
				jeopardizes the confidentiality, integrity, or availability of an information
				system or the information the system processes, stores, or transmits or that
				constitutes a violation or imminent threat of violation of security policies,
				security procedures, or acceptable use policies.
							(4)The term
				information infrastructure means the underlying framework that
				information systems and assets rely on in processing, transmitting, receiving,
				or storing information electronically.
							(5)The term
				information security means protecting information and information
				systems from unauthorized access, use, disclosure, disruption, modification, or
				destruction in order to provide—
								(A)integrity, which
				means guarding against improper information modification or destruction, and
				includes ensuring information nonrepudiation and authenticity;
								(B)confidentiality,
				which means preserving authorized restrictions on access and disclosure,
				including means for protecting personal privacy and proprietary information;
				and
								(C)availability,
				which means ensuring timely and reliable access to and use of
				information.
								(6)The term
				information technology has the meaning given that term in section
				11101 of title 40.
							(7)(A)The term national
				security system means any information system (including any
				telecommunications system) used or operated by an agency or by a contractor of
				an agency, or other organization on behalf of an agency—
									(i)the function, operation, or use of
				which—
										(I)involves intelligence activities;
										(II)involves cryptologic activities related
				to national security;
										(III)involves command and control of
				military forces;
										(IV)involves equipment that is an integral
				part of a weapon or weapons system; or
										(V)subject to subparagraph (B), is critical
				to the direct fulfillment of military or intelligence missions; or
										(ii)is protected at all times by
				procedures established for information that have been specifically authorized
				under criteria established by an Executive order or an Act of Congress to be
				kept classified in the interest of national defense or foreign policy.
									(B)Subparagraph (A)(i)(V) does not
				include a system that is to be used for routine administrative and business
				applications (including payroll, finance, logistics, and personnel management
				applications).
								3552.National
				Office for Cyberspace
						(a)There is
				established within the Executive Office of the President an office to be known
				as the National Office for Cyberspace.
						(b)There shall be at
				the head of the Office a Director who shall be appointed by the President, by
				and with the advice and consent of the Senate. The Director of the National
				Office for Cyberspace shall administer all functions under this subchapter and
				collaborate to the extent practicable with the heads of the appropriate
				agencies, the private sector, and international partners. The Office shall
				serve as the principal office for coordinating issues relating to achieving an
				assured, reliable, secure, and survivable global information and communications
				infrastructure and related capabilities.
						3553.Authority and
				functions of the National Office for Cyberspace
						(a)The Director
				shall develop and implement a comprehensive national cyberspace strategy to
				ensure a trusted and resilient communications and information infrastructures
				that—
							(1)enhances economic
				prosperity and facilitates market leadership for the United States information
				and communications industry;
							(2)deters, prevents,
				detects, defends against, responds to, and remediates interruptions and damage
				to United States information and communications infrastructure;
							(3)ensures United
				States capabilities to operate in cyberspace in support of national goals;
				and
							(4)protects privacy
				rights and preserving civil liberties of United States persons.
							(b)Notwithstanding
				any provision of law, regulation, rule, or policy to the contrary, the National
				Office for Cyberspace may—
							(1)direct the
				sponsorship of the security clearances for Federal officers and employees
				(including experts and consultants employed under section 3109) whose
				responsibilities involve critical infrastructure in the interest of national
				security; and
							(2)employ experts
				and consultants under section 3109 for cyber security-related work.
							(c)With respect to
				responsibilities with the Federal Government, the National Office for
				Cyberspace shall—
							(1)provide
				recommendations to agencies on measures that shall be required to be
				implemented to mitigate vulnerabilities, attacks, and exploitations discovered
				as a result of activities required pursuant to this section;
							(2)oversee the
				implementation of policies, principles, standards, and guidelines on
				information security, including through ensuring timely agency adoption of and
				compliance with standards promulgated under section 3556;
							(3)to the extent
				practicable—
								(A)prioritize the
				policies, principles, standards, and guidelines developed under section 3556
				based upon the threat, vulnerability and consequences of an information
				security incident; and
								(B)develop guidance
				that requires agencies to actively monitor the effective implementation of
				policies, principles, standards, and guidelines developed under section
				3556;
								(4)require agencies,
				consistent with the standards promulgated under such section 3556 and the
				requirements of this subchapter, to identify and provide information security
				protections commensurate with the risk and magnitude of the harm resulting from
				the unauthorized access, use, disclosure, disruption, modification, or
				destruction of—
								(A)information
				collected or maintained by or on behalf of an agency; or
								(B)information
				systems used or operated by an agency or by a contractor of an agency or other
				organization on behalf of an agency;
								(5)coordinate and
				ensure that the development of standards and guidelines under section 20 of the
				National Institute of Standards and Technology Act (15 U.S.C. 278g–3) and
				standards and guidelines developed for national security systems are, to the
				maximum extent practicable, complementary and unified;
							(6)oversee agency
				compliance with the requirements of this subchapter, including coordinating
				with the Office of Management and Budget to use any authorized action under
				section 11303 of title 40, to enforce accountability for compliance with such
				requirements;
							(7)review at least
				annually, and approving or disapproving, agency information security programs
				required under section 3554(b); and
							(8)coordinate
				information security policies and procedures with related information resources
				management policies and procedures.
							(d)(1)After consultation with
				the appropriate agencies, the Director shall oversee the effective
				implementation of governmentwide operational evaluations on a frequent and
				recurring basis to evaluate whether agencies effectively—
								(A)monitor, detect, analyze, protect,
				report, and respond against known vulnerabilities, attacks, and
				exploitations;
								(B)report to and collaborate with the
				appropriate public and private security operation centers and law enforcement
				agencies; and
								(C)mitigate the risk posed by previous
				successful exploitations in a timely fashion and in order to prevent future
				vulnerabilities, attacks, and exploitations.
								(2)Not later than 30 days after
				receiving an operational evaluation under this subsection, the Director shall
				ensure agencies evaluated under paragraph (1) develop a plan for addressing
				recommendations and mitigating vulnerabilities contained in the security
				reports identified under paragraph (1), including a timeline and budget for
				implementing such plan.
							(e)Not later than
				March 1 of each year, the Director shall submit a report to Congress on the
				overall information security posture of the communications and information
				infrastructure of the United States, including—
							(1)the evaluations
				conducted under subsection (d) for the United States Government;
							(2)a detailed
				assessment of the overall resiliency of the communications and information
				infrastructure effectiveness of the United States and the United States
				Government including the ability to monitor, detect, mitigate, and respond to
				an incident;
							(3)a detailed
				assessment the information security effectiveness of each agency, including the
				ability to monitor, detect, mitigate, collaborate, and respond to an
				incident;
							(4)a detailed
				assessment of operational evaluations performed during the preceding fiscal
				year, the results of such evaluations, and any actions that remain to be taken
				under plans included in corrective action reports under subsection (d);
							(5)a detailed
				assessment of the development, promulgation, and adoption of, and compliance
				with, standards developed under section 20 of the National Institute of
				Standards and Technology Act (15 U.S.C. 278g–3) and promulgated under section
				3554, and recommendations for enhancement;
							(6)a detailed
				assessment of significant deficiencies in the information security and
				reporting practices of the Federal Government as applicable to each
				agency;
							(7)planned remedial
				action to address deficiencies described under paragraph (6), including an
				associated budget and recommendations for relevant executive and legislative
				branch actions;
							(8)a summary of the
				results of the independent evaluations under section 3555; and
							(9)a detailed
				assessment of the effectiveness of reporting to the National Cyber
				Investigative Joint Task Force under section 3554.
							(f)Evaluations and
				any other descriptions of information systems under the authority and control
				of the Director of National Intelligence or of National Foreign Intelligence
				Programs systems under the authority and control of the Secretary of Defense
				shall be made available to Congress only through the appropriate oversight
				committees of Congress, in accordance with applicable laws.
						(g)(1)In collaboration with
				the private sector and in coordination with the Director of the Office of
				Management and Budget, the National Institute of Standards and Technology, and
				the General Service Administration, the Director shall develop and implement
				policy, guidance, and regulations that cost effectively enhance the security of
				the Federal Government, including policy, guidance, and regulations
				that—
								(A)to the extent
				practicable, standardize security requirements (also known as lock-down
				configurations) of commercial off-the-shelf products and services
				(including cloud products and services) purchased by the Federal
				Government;
								(B)to the extent
				practicable, obtain products and services with security configuration baselines
				consistent with available security standards and configurations and guidelines
				developed by the National Institute of Standards and Technology;
								(C)incentivize
				agencies to purchase standard products and services through the General Service
				Administration in order to reduce the vulnerabilities and costs associated with
				custom products and services; and
								(D)enable purchasing
				decisions to reasonably and appropriately account for significant supply chain
				security risks associated with any particular product or service.
								(2)Not later than 180 days after the
				date of enactment of the United States
				Information and Communications Enhancement Act of 2009, and
				annually thereafter, the Director shall submit a report to Congress that
				includes—
								(A)a description of the cost savings and
				security enhancements that can be achieved by using the purchasing power of the
				Federal Government; and
								(B)recommendations for legislative or
				executive branch actions necessary to achieve such cost savings.
								3554.Agency
				responsibilities
						(a)The head of each
				agency shall—
							(1)be responsible
				for—
								(A)providing
				information security protections commensurate with the risk and magnitude of
				the harm resulting from unauthorized access, use, disclosure, disruption,
				modification, or destruction of—
									(i)information
				collected or maintained by or on behalf of the agency; and
									(ii)information
				systems used or operated by an agency or by a contractor of an agency or other
				organization on behalf of an agency;
									(B)complying with
				the requirements of this subchapter and related policies, procedures,
				standards, and guidelines, including—
									(i)information
				security standards promulgated under section 3556;
									(ii)information
				security standards and guidelines for national security systems issued in
				accordance with law and as directed by the President; and
									(iii)ensuring the
				standards implemented for information systems and national security systems
				under the agency head are complementary and uniform, to the extent practicable;
				and
									(C)ensuring that
				information security management processes are integrated with agency strategic
				and operational planning processes;
								(2)ensure that
				senior agency officials provide information security for the information and
				information systems that support the operations and assets under their control,
				including through—
								(A)assessing the
				risk and magnitude of the harm that could result from the unauthorized access,
				use, disclosure, disruption, modification, or destruction of such information
				or information systems;
								(B)determining the
				levels of information security appropriate to protect such information and
				information systems in accordance with standards promulgated under section
				3556, for information security classifications and related requirements;
								(C)implementing
				policies and procedures to cost effectively reduce risks to an acceptable
				level; and
								(D)continuously
				testing and evaluating information security controls and techniques to ensure
				that they are effectively implemented;
								(3)delegate to an
				agency official designated as the Chief Information Security Officer the
				authority to ensure and enforce compliance with the requirements imposed on the
				agency under this subchapter, including—
								(A)overseeing the
				establishment and maintenance of a security operations capability that on an
				automated and continuous basis can—
									(i)detect, report,
				respond to, contain, and mitigate incidents that impair adequate security of
				the information and information infrastructure, in accordance with policy
				provided by the Director, in consultation with the Chief Information Officers
				Council, and guidance from the National Institute of Standards and
				Technology;
									(ii)collaborate with
				the National Office for Cyberspace and appropriate public and private sector
				security operations centers to address incidents that impact the security of
				information and information infrastructure that extend beyond the control of
				the agency; and
									(iii)not later than
				24 hours after discovery of any incident described under subparagraph (A),
				unless otherwise directed by policy of the National Office for Cyberspace,
				provide notice to the appropriate security operations center, the National
				Cyber Investigative Joint Task Force, and inspector general;
									(B)collaborating
				with the Administrator for E-Government and the Chief Information Officer to
				establish, maintain, and update an enterprise network, system, storage, and
				security architecture framework documentation to be submitted quarterly to the
				National Office for Cyberspace and the appropriate security operations center,
				that includes—
									(i)documentation of
				how technical, managerial, and operational security controls are implemented
				throughout the agency’s information infrastructure; and
									(ii)documentation of
				how the controls described under subparagraph (A) maintain the appropriate
				level of confidentiality, integrity, and availability of information and
				information systems based on—
										(I)the policy of the
				Director;
										(II)the National
				Institute of Standards and Technology guidance; and
										(III)the Chief
				Information Officers Council recommended approaches;
										(C)developing,
				maintaining, and overseeing an agency wide information security program as
				required by subsection (b);
								(D)developing,
				maintaining, and overseeing information security policies, procedures, and
				control techniques to address all applicable requirements, including those
				issued under sections 3553 and 3556;
								(E)training and
				overseeing personnel with significant responsibilities for information security
				with respect to such responsibilities; and
								(F)assisting senior
				agency officials concerning their responsibilities under paragraph (2);
								(4)ensure that the
				agency has trained and cleared personnel sufficient to assist the agency in
				complying with the requirements of this subchapter and related policies,
				procedures, standards, and guidelines;
							(5)ensure that the
				agency Chief Information Security Officer, in coordination with other senior
				agency officials, reports biannually to the agency head on the effectiveness of
				the agency information security program, including progress of remedial
				actions; and
							(6)ensure that the
				Chief Information Security Officer possesses necessary qualifications,
				including education, professional certifications, training, experience, and the
				security clearance required to administer the functions described under this
				subchapter; and has information security duties as the primary duty of that
				official.
							(b)Each agency shall
				develop, document, and implement an agencywide information security program,
				approved by the Director under section 3553(a)(5), to provide information
				security for the information and information systems that support the
				operations and assets of the agency, including those provided or managed by
				another agency, contractor, or other source, that includes—
							(1)periodic
				assessments—
								(A)of the risk and
				magnitude of the harm that could result from the unauthorized access, use,
				disclosure, disruption, modification, or destruction of information and
				information systems that support the operations and assets of the agency;
				and
								(B)that recommend a
				prioritized description of which data and applications should be removed or
				migrated to more secure networks or standards;
								(2)penetration tests
				commensurate with risk (as defined by the National Institute of Standards and
				Technology and the National Office for Cyberspace) for agency information
				systems;
							(3)information
				security vulnerabilities are mitigated based on the risk posed to the
				agency;
							(4)policies and
				procedures that—
								(A)are based on the
				risk assessments required by paragraph (1);
								(B)cost effectively
				reduce information security risks to an acceptable level;
								(C)ensure that
				information security is addressed throughout the life cycle of each agency
				information system; and
								(D)ensure compliance
				with—
									(i)the requirements
				of this subchapter;
									(ii)policies and
				procedures as may be prescribed by the Director, and information security
				standards promulgated under section 3556;
									(iii)minimally
				acceptable system configuration requirements, as determined by the Director;
				and
									(iv)any other
				applicable requirements, including standards and guidelines for national
				security systems issued in accordance with law and as directed by the
				President;
									(5)subordinate plans
				for providing adequate information security for networks, facilities, and
				systems or groups of information systems, as appropriate;
							(6)role-based
				security awareness training to inform personnel with access to the agency
				network, including contractors and other users of information systems that
				support the operations and assets of the agency, of—
								(A)information
				security risks associated with their activities; and
								(B)their
				responsibilities in complying with agency policies and procedures designed to
				reduce these risks;
								(7)to the extent
				practicable, automated and continuous technical monitoring for testing, and
				evaluation of the effectiveness and compliance of information security
				policies, procedures, and practices, including—
								(A)management,
				operational, and technical controls of every information system identified in
				the inventory required under section 3505(b); and
								(B)management,
				operational, and technical controls relied on for an evaluation under section
				3555;
								(8)a process for
				planning, implementing, evaluating, and documenting remedial action to address
				any deficiencies in the information security policies, procedures, and
				practices of the agency;
							(9)to the extent
				practicable, continuous technical monitoring for detecting, reporting, and
				responding to security incidents, consistent with standards and guidelines
				issued by the Director, including—
								(A)mitigating risks
				associated with such incidents before substantial damage is done;
								(B)notifying and
				consulting with the appropriate security operations response center; and
								(C)notifying and
				consulting with, as appropriate—
									(i)law enforcement
				agencies and relevant Offices of Inspectors General;
									(ii)the National
				Office for Cyberspace; and
									(iii)any other
				agency or office, in accordance with law or as directed by the President;
				and
									(10)plans and
				procedures to ensure continuity of operations for information systems that
				support the operations and assets of the agency.
							(c)Each agency
				shall—
							(1)submit an annual
				report on the adequacy and effectiveness of information security policies,
				procedures, and practices, and compliance with the requirements of this
				subchapter, including compliance with each requirement of subsection (b)
				to—
								(A)the National
				Office for Cyberspace;
								(B)the Committee on
				Homeland Security and Governmental Affairs of the Senate;
								(C)the Committee on
				Commerce, Science, and Transportation of the Senate;
								(D)the Committee on
				Government Oversight and Reform of the House of Representatives;
								(E)the Committee on
				Homeland Security of the House of Representatives;
								(F)other appropriate
				authorization and appropriations committees of Congress; and
								(G)the Comptroller
				General.
								(2)address the
				adequacy and effectiveness of information security policies, procedures, and
				practices in plans and reports relating to—
								(A)annual agency
				budgets;
								(B)information
				resources management of this subchapter;
								(C)information
				technology management under this chapter;
								(D)program
				performance under sections 1105 and 1115 through 1119 of title 31, and sections
				2801 and 2805 of title 39;
								(E)financial
				management under chapter 9 of title 31, and the Chief Financial Officers Act of
				1990 (31 U.S.C. 501 note; Public Law 101–576) (and the amendments made by that
				Act);
								(F)financial
				management systems under the Federal Financial Management Improvement Act (31
				U.S.C. 3512 note);
								(G)internal
				accounting and administrative controls under section 3512 of title 31;
				and
								(H)performance
				ratings, salaries, and bonuses provided to the Chief Information Security
				Officer and supporting personnel taking into account program performance;
				and
								(3)report any
				significant deficiency in a policy, procedure, or practice identified under
				paragraph (1) or (2)—
								(A)as a material
				weakness in reporting under section 3512 of title 31; and
								(B)if relating to
				financial management systems, as an instance of a lack of substantial
				compliance under the Federal Financial Management Improvement Act (31 U.S.C.
				3512 note).
								(d)(1)In addition to the
				requirements of subsection (c), each agency, in consultation with the National
				Office for Cyberspace, shall include as part of the performance plan required
				under section 1115 of title 31 a description of—
								(A)the time periods; and
								(B)the resources, including budget,
				staffing, and training, that are necessary to implement the program required
				under subsection (b).
								(2)The description under paragraph (1)
				shall be based on the risk assessments required under subsection (b)(2)(1) and
				operational evaluations required under section 3553(d).
							(e)Each agency shall
				provide the public with timely notice and opportunities for comment on proposed
				information security policies and procedures to the extent that such policies
				and procedures affect communication with the public.
						3555.Annual
				independent evaluation
						(a)(1)Each year each agency
				shall have performed an independent evaluation of the information security
				program and practices of that agency to determine the effectiveness of such
				program and practices.
							(2)Each evaluation under this section
				shall consist of—
								(A)testing of the effectiveness of
				information security policies, procedures, and practices of a representative
				subset of the information systems of the agency; and
								(B)an assessment (made on the basis of
				the results of the testing) of compliance with—
									(i)the requirements of this
				subchapter; and
									(ii)related information security
				policies, procedures, standards, and guidelines.
									(b)(1)For each agency with an
				Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C.
				App.) or any other law, the annual evaluation required by this section shall be
				performed by the Inspector General or by an independent external auditor, as
				determined by the Inspector General of the agency.
							(2)For each agency to which paragraph
				(1) does not apply, the head of the agency shall engage an independent external
				auditor to perform the evaluation.
							(c)The evaluation
				required by this section may be based in whole or in part on an audit,
				evaluation, or report relating to programs or practices of the applicable
				agency.
						(d)Each year, not
				later than such date established by the Director, the head of each agency shall
				submit to the Director the results of the evaluation required under this
				section.
						(e)Agencies and
				evaluators shall take appropriate steps to ensure the protection of information
				which, if disclosed, may adversely affect information security. Such
				protections shall be commensurate with the risk and comply with all applicable
				laws and regulations.
						(f)The Comptroller
				General shall—
							(1)not later than
				180 days after the date of enactment of the United States Communications and
				Information Enhancement Act of 2009 and after collaboration with the Director
				and the Inspectors General, develop and deliver standards for independent
				evaluations as required under this section that are risk-based and cost
				effective;
							(2)periodically
				evaluate and report to Congress on—
								(A)the adequacy and
				effectiveness of agency information security policies and practices; and
								(B)the
				implementation of the requirements of this subchapter.
								3556.Responsibilities
				for Federal information systems standards
						(a)(1)The Secretary of
				Commerce shall, on the basis of standards and guidelines developed by the
				National Institute of Standards and Technology under paragraphs (2) and (3) of
				section 20(a) of the National Institute of Standards and Technology Act (15
				U.S.C. 278g–3(a)), prescribe standards and guidelines pertaining to information
				systems, including national security systems.
							(2)(A)Standards prescribed
				under subsection (a)(1) shall include information security standards
				that—
									(i)to the extent practicable, are unified
				with standards and guidelines developed for information systems and national
				security systems to ensure the adequacy and effectiveness of information
				security and information sharing;
									(ii)provide minimum information security
				requirements as determined under section 20(b) of the National Institute of
				Standards and Technology Act (15 U.S.C. 278g–3(b)); and
									(iii)are otherwise necessary to improve
				the security of information and information systems, including information
				stored by third parties on behalf of the Federal Government.
									(B)Information security standards
				described in subparagraph (A) shall be compulsory and binding.
								(b)The President may
				disapprove or modify the standards and guidelines referred to in subsection
				(a)(1) if the President determines such action to be in the public interest.
				The President's authority to disapprove or modify such standards and guidelines
				may not be delegated. Notice of such disapproval or modification shall be
				published promptly in the Federal Register. Upon receiving notice of such
				disapproval or modification, the Secretary of Commerce shall immediately
				rescind or modify such standards or guidelines as directed by the
				President.
						(c)To ensure fiscal
				and policy consistency, the Secretary shall exercise the authority conferred by
				this section subject to direction by the President and in coordination with the
				Director of the Office of Management and Budget and the National Office for
				Cyberspace.
						(d)The National
				Office for Cyberspace and the head of an agency may employ standards for the
				cost effective information security for information systems within or under the
				supervision of that agency that are more stringent than the standards the
				Secretary prescribes under this section if the more stringent standards—
							(1)contain at least
				the applicable standards made compulsory and binding by the Secretary;
				and
							(2)are otherwise
				consistent with policies and guidelines issued under section 3553.
							(e)The decision by
				the Secretary regarding the promulgation of any standard under this section
				shall occur not later than 6 months after the submission of the proposed
				standard to the Secretary by the National Institute of Standards and
				Technology, as provided under section 20 of the National Institute of Standards
				and Technology Act (15 U.S.C.
				278g–3).
						.
		4.Authority and
			 responsibility of the United States Computer Emergency Readiness Team in
			 relation to Federal agencies
			(a)DefinitionIn
			 this section:
				(1)The term
			 agency has the meaning given under section 3502(1) of title 44,
			 United States Code.
				(2)The term
			 US–CERT  means the United States Computer Emergency Readiness
			 Team.
				(b)PurposesThe
			 purposes of this section are to recognize that US–CERT—
				(1)is charged with
			 providing response support and defense against cyber attacks for agencies and
			 information sharing and collaboration with State and local government,
			 industry, and international partners;
				(2)interacts with
			 agencies, industry, the research community, State and local governments, and
			 others to disseminate reasoned and actionable cyber security information to the
			 public;
				(3)provides a way
			 for citizens, businesses, and other institutions to communicate and coordinate
			 directly with the United States Government about cyber security; and
				(4)has continually
			 enhanced its ability to monitor, detect, and respond to information security
			 incidents that affect the Federal Government.
				(c)Coordination
			 with US–CERTThe head of each agency shall ensure that the Chief
			 Information Officer, Chief Information Security Officer, and security
			 operations centers under the direction of that agency head shall establish
			 policies, procedures, and guidance to effectively coordinate with the Director
			 of US–CERT in a timely fashion to detect, report, respond to, contain, and
			 mitigate incidents that impair adequate security of the information and
			 information infrastructure.
			(d)Review and
			 approvalIn coordination with the Administrator for Electronic
			 Government and Information Technology, the Director of the National Office for
			 Cyberspace shall review and approve the policies, procedures, and guidance
			 established in subparagraph (c) to ensure that US–CERT has the capability to
			 effectively and efficiently detect, correlate, respond to, contain, and
			 mitigate incidents that impair the adequate security of the information and
			 information infrastructure of more than 1 agency. To the extent practicable,
			 the capability shall be continuous and technically automated.
			(e)Security
			 clearances; experts and consultantsNotwithstanding any provision
			 of law, regulation, rule, or policy to the contrary, the Director of US–CERT
			 may—
				(1)direct the
			 sponsorship of the security clearances for Federal officers and employees
			 (including experts and consultants employed under section 3109) whose
			 responsibilities involve critical infrastructure in the interest of national
			 security; and
				(2)employ experts
			 and consultants under section 3109 for cyber security-related work.
				5.Authority and
			 responsibility of Departments not related to military functions
			(a)DefinitionsIn
			 this section:
				(1)AgencyThe
			 term agency—
					(A)means—
						(i)an
			 Executive department defined under section 101 of title 5, United States Code;
			 and
						(ii)an
			 Executive agency that has multiple components which have separate and distinct
			 enterprise architectures; and
						(B)shall not
			 include—
						(i)the
			 Department of Defense; or
						(ii)any component of
			 an Executive agency that is performing any national security function,
			 including military intelligence.
						(2)Executive
			 agencyThe term Executive agency has the meaning
			 given under section 105 of title 5, United States Code.
				(b)PurposeThe
			 purpose of this section is to recognize that—
				(1)agencies have
			 developed and maintained separate and distinct enterprise architectures that
			 inhibit the ability of an agency to ensure that components of that agency have
			 effectively implemented security policies, procedures, and practices;
				(2)the separate and
			 distinct enterprise architectures have in many instances been at the detriment
			 of securing the agency information infrastructure (the civilian cyberspace) and
			 exposed that infrastructure to unnecessary risk for an extended period of time;
			 and
				(3)a more uniform
			 agency enterprise architecture will be more efficient and effective for the
			 purposes of information sharing and ensuring the appropriate confidentiality,
			 integrity, and availability of information and information systems.
				(c)Agency
			 coordination
				(1)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, the head of each agency shall ensure that components of that agency shall
			 establish an automated reporting mechanism that allows the Chief Information
			 Security Officer and security operations center at the total agency level to
			 implement and monitor the implementation of appropriate security policies,
			 procedures, and controls of agency components.
				(2)Approval and
			 coordinationThe activities conducted under paragraph (1) shall
			 be—
					(A)approved by the
			 Director of the National Office for Cyberspace; and
					(B)to the extent
			 practicable, in coordination and complementary with activities—
						(i)described under
			 section 4; and
						(ii)conducted by the
			 Administrator for E-Government and Information Technology.
						6.Technical and
			 conforming amendments
			(a)Table of
			 sectionsThe table of sections for chapter 35 of title 44, United
			 States Code, is amended by striking the matter relating to subchapters II and
			 III and inserting the following:

						SUBCHAPTER II—Information security
						Sec. 3551. Definitions.
						Sec. 3552. National Office for Cyberspace.
						Sec. 3553. Authority and functions of the National Office for
				Cyberspace.
						Sec. 3554. Agency responsibilities.
						Sec. 3555. Annual independent evaluation.
						Sec. 3556. Responsibilities for Federal information systems
				standards.

					.
			(b)Other
			 references
				(1)Section
			 1001(c)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) is
			 amended by striking section 3532(3) and inserting section
			 3551(b).
				(2)Section
			 2222(j)(6) of title 10, United States Code, is amended by striking
			 section 3542(b)(2)) and inserting section
			 3551(b).
				(3)Section
			 2223(c)(3) of title 10, United States Code, is amended, by striking
			 section 3542(b)(2)) and inserting section
			 3551(b).
				(4)Section 2315 of
			 title 10, United States Code, is amended by striking section
			 3542(b)(2)) and inserting section 3551(b).
				(5)Section 20(a)(2)
			 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3) is
			 amended by striking section 3532(b)(2) and inserting
			 section 3551(b).
				(6)Section 8(d)(1)
			 of the Cyber Security Research and Development Act (15 U.S.C. 7406(d)(1)) is
			 amended by striking section 3534(b) and inserting section
			 3554(b).
				7.Effective
			 dateThis Act (including the
			 amendments made by this Act) shall take effect 30 days after the date of
			 enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 1080
		IN THE HOUSE OF REPRESENTATIVES

			March 15, 2011
			Ms. DeGette (for
			 herself, Mr. King of New York,
			 Mr. Frank of Massachusetts,
			 Mr. Gene Green of Texas,
			 Mrs. Emerson,
			 Ms. Fudge,
			 Mr. Grijalva,
			 Ms. Schwartz,
			 Ms. Sutton,
			 Mr. Jackson of Illinois,
			 Mr. Van Hollen,
			 Mr. McDermott,
			 Ms. Norton,
			 Mr. Lynch,
			 Ms. Baldwin,
			 Mr. Carnahan,
			 Mr. Clay, and
			 Ms. Schakowsky) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend title IV of the Public Health Service Act to
		  provide for the establishment of pediatric research consortia.

		1.Short titleThis Act may be cited as the
			 Pediatric Research Consortia
			 Establishment Act.
		2.National
			 pediatric research consortiaSubpart 7 of part C of title IV of the
			 Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the
			 end the following:

				452H.National
				pediatric research consortia
					(a)In
				generalThe Director of NIH,
				acting through the Director of the Eunice Kennedy Shriver National Institute of
				Child Health and Human Development and in collaboration with all other
				Institutes of the National Institutes of Health that support pediatric
				research, may, subject to the availability of funds, award grants, contracts,
				or cooperative agreements to public or nonprofit private entities to pay all or
				part of the cost of planning, establishing, and providing basic operating
				support for up to 20 national pediatric research consortia. The Director of NIH
				shall take unmet research needs into account when making awards under this
				section.
					(b)ResearchResearch
				conducted under this section shall supplement, but not replace, research that
				is otherwise conducted or supported as part of the comprehensive pediatric
				research portfolio of entities receiving awards under subsection (a). Consortia
				established under subsection (a) shall, in the aggregate, conduct basic,
				clinical, behavioral, social, or translational research to meet unmet research
				needs, as well as training in and demonstration of advanced diagnostic and
				treatment methods relating to pediatrics, as appropriate.
					(c)Coordination of
				consortia reportsThe Director of NIH shall—
						(1)as appropriate,
				provide for the coordination of information among consortia established under
				subsection (a) and ensure regular communication between such consortia;
				and
						(2)require the
				periodic preparation of reports on the activities of the consortia and the
				submission of the reports to the Director.
						(d)Organization of
				consortiumEach consortium established under subsection (a) shall
				be formed from a collaboration of cooperating institutions with a lead
				institution, meeting such requirements as may be prescribed by the Director of
				NIH, including participation in a network of such consortia.
					(e)LimitationPayments
				under subsection (a) shall not exceed $2,500,000 per year for each consortium
				in the first 5-year cycle.
					(f)Duration of
				paymentsPayments under subsection (a) for a consortium may be
				provided under this section for a period of 5 years and may be extended for
				additional periods of 5 years each, with enhanced funding opportunities based
				on a review of the operations by an appropriate scientific
				review.
					.


110 HR 4133 IH: Title X Abortion Provider Prohibition

U.S. House of Representatives
2007-11-09
text/xml
EN
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		I
		110th CONGRESS
		1st Session
		H. R. 4133
		IN THE HOUSE OF REPRESENTATIVES

			November 9, 2007
			Mr. Pence (for
			 himself, Mr. Pitts,
			 Mr. Smith of New Jersey,
			 Mr. Franks of Arizona,
			 Mr. Fortenberry,
			 Mr. Akin, Mr. Garrett of New Jersey,
			 Mr. Burton of Indiana,
			 Mr. Brady of Texas,
			 Mr. Gingrey,
			 Mr. Broun of Georgia,
			 Mr. Herger,
			 Mr. Hoekstra,
			 Mr. Chabot,
			 Mr. Lamborn,
			 Mr. Sensenbrenner,
			 Mr. Doolittle,
			 Mr. David Davis of Tennessee,
			 Mr. Goode,
			 Mr. Weldon of Florida,
			 Mr. Jordan of Ohio,
			 Mr. Kline of Minnesota,
			 Mr. Walberg,
			 Mr. Feeney,
			 Mr. Inglis of South Carolina,
			 Mr. Ryan of Wisconsin,
			 Mr. Manzullo,
			 Mr. Campbell of California,
			 Mrs. Musgrave,
			 Mr. Sali, Mr. Fortuño, Mr.
			 Bartlett of Maryland, Mr.
			 Flake, and Mr. Conaway)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title X of the Public Health Service Act to
		  prohibit family planning grants from being awarded to any entity that performs
		  abortions, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Title X Abortion Provider Prohibition
			 Act.
		2.Prohibition on abortionTitle X of the Public Health Service Act (42
			 U.S.C. 300a–6) is amended by adding at the end the following:

				1009.Additional prohibition regarding
				abortion
					(a)ProhibitionThe Secretary shall not provide any
				assistance under this title to an entity unless the entity certifies that,
				during the period of such assistance, the entity will not perform, and will not
				provide any funds to any other entity that performs, an abortion.
					(b)ExceptionSubsection
				(a) does not apply with respect to an abortion where—
						(1)the pregnancy is
				the result of an act of rape, or an act of incest against a minor; or
						(2)a physician
				certifies that the woman suffers from a physical disorder, physical injury, or
				physical illness that would place the woman in danger of death unless an
				abortion is performed, including a life-threatening physical condition caused
				by or arising from the pregnancy itself.
						(c)HospitalsSubsection
				(a) does not apply with respect to a hospital, so long as such hospital does
				not, during the period of assistance described in subsection (a), provide funds
				to any non-hospital entity that performs an abortion (other than an abortion
				described in subsection (b)).
					(d)Annual
				reportNot later than 60 days after the date of the enactment of
				the Title X Abortion Provider Prohibition Act, and annually thereafter, for the
				fiscal year involved, the Secretary shall submit a report to the Congress
				containing—
						(1)a list of each
				entity receiving a grant under this title;
						(2)for each such
				entity performing abortions under the exceptions described in subsection
				(b)—
							(A)the total number
				of such abortions;
							(B)the number of such
				abortions where the pregnancy is the result of an act of rape;
							(C)the number of such
				abortions where the pregnancy is the result of an act of incest against a
				minor; and
							(D)the number of such
				abortions where a physician provides a certification described in subsection
				(b)(2);
							(3)a statement of the
				date of the latest certification under subsection (a) for each entity receiving
				a grant under this title; and
						(4)a list of each
				entity to which an entity described in paragraph (1) makes available funds
				received through a grant under this title.
						(e)DefinitionsIn this section:
						(1)The term
				entity means the entire legal entity, including any entity that
				controls, is controlled by, or is under common control with such entity.
						(2)The term
				hospital has the meaning given to such term in section 1861(e) of
				the Social Security
				Act.
						.


116 HR 4676 IH: Protecting Medicare Beneficiaries with Pre-Existing Conditions Act
U.S. House of Representatives
2019-10-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4676IN THE HOUSE OF REPRESENTATIVESOctober 15, 2019Mr. Schneider introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for the guaranteed issue of Medigap
			 policies to all Medigap-eligible Medicare beneficiaries and Medicare
			 Advantage enrollees, and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Medicare Beneficiaries with Pre-Existing Conditions Act. 2.Guaranteed issue (a)Guaranteed issue of Medigap policies to all Medigap-Eligible Medicare beneficiaries (1)In generalSection 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended—
 (A)in paragraph (2)(A), by striking 65 years of age or older and is enrolled for benefits under part B and inserting entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B; (B)in paragraph (2)(D), by striking who is 65 years of age or older as of the date of issuance and;
 (C)in paragraph (3)(B)(ii), by striking is 65 years of age or older and; and (D)in paragraph (3)(B)(vi), by striking at age 65.
					(2)Effective date; phase-In authority
 (A)Effective dateSubject to subparagraph (B), the amendments made by paragraph (1) shall apply to medicare supplemental policies effective on or after January 1, 2023.
					(B)Phase-In authority
 (i)In generalSubject to clause (ii), the Secretary of Health and Human Services may phase in the implementation of the amendments made under paragraph (1) (with such phase-in beginning on or after January 1, 2023) in such manner as the Secretary determines appropriate in order to minimize any adverse impact on individuals enrolled under a medicare supplemental policy.
 (ii)Phase-In period may not exceed 5 yearsThe Secretary of Health and Human Services shall ensure that the amendments made by paragraph (1) are fully implemented by not later than January 1, 2028.
						(3)Additional enrollment period for certain individuals
					(A)One-time enrollment period
 (i)In generalIn the case of an individual described in subparagraph (B), the Secretary shall establish a one-time enrollment period during which such an individual may enroll in any medicare supplemental policy of the individual’s choosing.
 (ii)PeriodThe enrollment period established under clause (i) shall begin on the date on which the phase-in period under paragraph (2) is completed and end 6 months after such date.
 (B)Individual describedAn individual described in this paragraph is an individual who— (i)is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) pursuant to section 226(b) or section 226A of such Act (42 U.S.C. 426(b); 426–1);
 (ii)is enrolled for benefits under part B of such Act (42 U.S.C. 1395j et seq.); and (iii)would not, but for the provisions of and amendments made by paragraphs (1) and (2), be eligible for the guaranteed issue of a medicare supplemental policy under paragraph (2) or (3) of section 1882(s) of such Act (42 U.S.C. 1395ss(s)).
						(C)Outreach plan
 (i)In generalThe Secretary shall develop an outreach plan to notify individuals described in subparagraph (B) of the one-time enrollment period established under subparagraph (A).
 (ii)ConsultationIn implementing the outreach plan developed under clause (i), the Secretary shall consult with consumer advocates, brokers, insurers, the National Association of Insurance Commissioners, and State Health Insurance Assistance Programs.
						(b)Guaranteed issue of Medigap policies for Medicare Advantage enrollees
 (1)In generalSection 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by subsection (a), is further amended—
 (A)in subparagraph (B), by adding at the end the following new clause:  (vii)The individual was enrolled in a Medicare Advantage plan under part C for not less than 12 months and subsequently disenrolled from such plan and elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B.
							;
 (B)by striking subparagraph (C)(iii) and inserting the following:  (iii)Subject to subsection (v)(1), for purposes of an individual described in clause (vi) or (vii) of subparagraph (B), a medicare supplemental policy described in this subparagraph shall include any medicare supplemental policy.; and
 (C)in subparagraph (E)— (i)in clause (iv), by striking and at the end;
 (ii)in clause (v), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following new clause—

 (vi)in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C.
								.
 (2)Effective dateThe amendments made by paragraph (1) shall apply to medicare supplemental policies effective on or after January 1, 2023.


116 HR 2002 : Taiwan Assurance Act of 2019
U.S. House of Representatives

text/xml
EN
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IIB116th CONGRESS1st SessionH. R. 2002IN THE SENATE OF THE UNITED STATESMay 8, 2019Received; read twice and referred to the Committee on Foreign Relations
			AN ACTTo foster security in Taiwan, and for other purposes.

 1.Short titleThis Act may be cited as the Taiwan Assurance Act of 2019. 2.FindingsCongress makes the following findings:
 (1)April 10, 2019, marks the 40th anniversary of the Taiwan Relations Act of 1979 (Public Law 96–8). (2)Since 1949, the close relationship between the United States and Taiwan has benefitted both parties and the broader Indo-Pacific region.
 (3)The security of Taiwan and its democracy are key elements of continued peace and stability of the greater Indo-Pacific region, which is in the political, security, and economic interests of the United States.
 (4)The People’s Republic of China is currently engaged in a comprehensive military modernization campaign to enhance the power-projection capabilities of the People’s Liberation Army and its ability to conduct joint operations, which is shifting the military balance of power across the Taiwan Strait.
 (5)Taiwan and its diplomatic partners continue to face sustained pressure and coercion from the People’s Republic of China, which seeks to isolate Taiwan from the international community.
 (6)It is the policy of the United States to reinforce its commitments to Taiwan under the Taiwan Relations Act in a manner consistent with the Six Assurances and in accordance with the United States One China policy.
 (7)In the Taiwan Travel Act, which became law on March 16, 2018, Congress observed that the self-imposed restrictions that the United States maintains on high-level visits between the United States and Taiwan have resulted in insufficient high-level communication. 3.Sense of CongressIt is the sense of Congress that—
 (1)Taiwan is a vital part of the United States Free and Open Indo-Pacific Strategy; (2)the United States Government—
 (A)supports Taiwan’s continued pursuit of asymmetric capabilities and concepts; and (B)urges Taiwan to increase its defense spending in order to fully resource its defense strategy; and
 (3)the United States should conduct regular sales and transfers of defense articles to Taiwan in order to enhance its self-defense capabilities, particularly its efforts to develop and integrate asymmetric capabilities, including undersea warfare and air defense capabilities, into its military forces.
			4.Taiwan’s inclusion in international organizations
 (a)Sense of CongressIt is the sense of Congress that the People’s Republic of China’s attempts to dictate the terms of Taiwan’s participation in international organizations, has, in many cases, resulted in Taiwan’s exclusion from such organizations even when statehood is not a requirement, and that such exclusion—
 (1)is detrimental to global health, civilian air safety, and efforts to counter transnational crime; (2)negatively impacts the safety and security of citizens globally; and
 (3)negatively impacts the security of Taiwan and its democracy. (b)Statement of policyIt is the policy of the United States to advocate for Taiwan’s meaningful participation in the United Nations, the World Health Assembly, the International Civil Aviation Organization, the International Criminal Police Organization, and other international bodies, as appropriate, and to advocate for Taiwan’s membership in the Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization, and other international organizations for which statehood is not a requirement for membership.
			5.Review of Department of State Taiwan guidelines
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall conduct a review of the Department of State’s guidance that governs relations with Taiwan, including the periodic memorandum entitled Guidelines on Relations with Taiwan and related documents, and reissue such guidance to executive branch departments and agencies.
 (b)Sense of CongressIt is the sense of Congress that the Department of State’s guidance regarding relations with Taiwan—
 (1)should be crafted with the intent to deepen and expand United States-Taiwan relations, and be based on the value, merits, and importance of the United States-Taiwan relationship;
 (2)should be crafted giving due consideration to the fact that Taiwan is governed by a representative democratic government that is peacefully constituted through free and fair elections that reflect the will of the people of Taiwan, and that Taiwan is a free and open society that respects universal human rights and democratic values; and
 (3)should ensure that the conduct of relations with Taiwan reflects the longstanding, comprehensive, and values-based relationship the United States shares with Taiwan, and contribute to the peaceful resolution of cross-Strait issues.
 (c)Reporting requirementsNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a description of—
 (1)the results of the review pursuant to subsection (a) of the Department of State’s guidance on relations with Taiwan, including a copy of the reissued Guidelines of Relations with Taiwan memorandum; and
 (2)the implementation of the Taiwan Travel Act (Public Law 115–135) and any changes to guidance on relations with Taiwan that are the result of such implementation.Passed the House of Representatives May 7, 2019.Cheryl L. Johnson,Clerk.


117 S82 IS: Ensuring Health Safety in the Skies Act of 2021
U.S. Senate
2021-01-28
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.

II117th CONGRESS1st SessionS. 82IN THE SENATE OF THE UNITED STATESJanuary 28, 2021Mr. Markey (for himself, Mr. Blumenthal, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require a joint task force on air travel during and after the COVID–19 Public Health Emergency, and for other purposes.1.Short TitleThis Act may be cited as the Ensuring Health Safety in the Skies Act of 2021.2.DefinitionsIn this Act:(1)Advisory CommitteeThe term Advisory Committee means the Joint Federal Advisory Committee established under section 4.(2)Air travelThe term air travel includes international air travel.(3)COVID–19 public health emergencyThe term COVID–19 public health emergency means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19 and includes any renewal of such declaration pursuant to such section 319.(4)Joint Task ForceThe term Joint Task Force means the Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency established under section 3(a).3.Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency(a)In generalNot later than 30 days after the date of enactment of this Act, the Secretary of Transportation, the Secretary of Homeland Security, and the Secretary of Health and Human Services shall establish the Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency.(b)Duties(1)In generalThe Joint Task Force shall develop recommended requirements, plans, and guidelines to address the health, safety, security, and logistical issues relating to—(A)the continuation of air travel during the COVID–19 public health emergency; and(B)the resumption of full operations at airports and increased passenger air travel after the COVID–19 public health emergency.(2)RecommendationsThe recommendations developed under paragraph (1), with respect to the applicable periods described in paragraph (3), shall include—(A)modifying airport, air carrier, security (including passenger security screening), and other operations related to passenger air travel, including passenger queuing, boarding, deplaning, and baggage handling procedures, as a result of—(i)current and anticipated changes to passenger air travel during and after the COVID–19 public health emergency; and(ii)anticipated changes to passenger air travel resulting from any seasonal recurrence of the coronavirus;(B)mitigating the public health and economic impacts of the COVID–19 public health emergency and any seasonal recurrence of the coronavirus on airports and passenger air travel (including through the use of personal protective equipment, the implementation of strategies to promote overall passenger and employee safety, and the accommodation of social distancing as feasible and necessary);(C)addressing privacy and civil liberty issues that may arise from passenger health screenings, contact-tracing, or other processes used to monitor the health of individuals engaged in air travel; and(D)operating procedures to manage future public health crises that can be anticipated, to the extent such public health crises may impact air travel.(3)Applicable periodsFor purposes of paragraph (2), the applicable periods described in this paragraph are the following periods:(A)The period beginning on the date of the first meeting of the Joint Task Force and ending on the last day of the COVID–19 public health emergency.(B)The 1-year period beginning on the day after the end of the period described in subparagraph (A).(c)Activities of the Joint Task Force(1)In generalIn developing the recommended requirements, plans, and guidelines under subsection (b), and prior to including such recommendations in the final report required under section 5(b), the Joint Task Force shall—(A)conduct cost-benefit evaluations regarding such recommendations, including costs impacting air operations and impacts on air travel;(B)consider funding constraints;(C)use risk-based decision-making; and(D)consult with the Advisory Committee established in section 4(a) and consider any consensus policy recommendations of the Advisory Committee submitted under section 4(b).(2)International consultationThe Joint Task Force shall consult, as practicable, with relevant international entities and operators, including the International Civil Aviation Organization, to harmonize (to the extent possible) recommended requirements, plans, and guidelines for air travel during and after the COVID–19 public health emergency.(d)Membership(1)ChairThe Secretary of Transportation (or the Secretary’s designee) shall serve as Chair of the Joint Task Force.(2)Vice-ChairThe Secretary of Health and Human Services (or the Secretary’s designee) shall serve as Vice-Chair of the Joint Task Force.(3)Other membersIn addition to the Chair and Vice-Chair, the members of the Joint Task Force shall include representatives of the following:(A)The Department of Transportation.(B)The Department of Homeland Security.(C)The Department of Health and Human Services.(D)The Federal Aviation Administration.(E)The Transportation Security Administration.(F)U.S. Customs and Border Protection.(G)The Centers for Disease Control and Prevention.(H)The Occupational Safety and Health Administration.(I)The National Institute for Occupational Safety and Health.(J)The Pipeline and Hazardous Materials Safety Administration.(K)The Department of State.(L)The Environmental Protection Agency.4.Joint Federal Advisory Committee(a)EstablishmentNot later than 15 days after the date on which the Joint Task Force is established under section 3(a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall establish a Joint Federal Advisory Committee to advise the Joint Task Force.(b)Duties of the Advisory CommitteeThe Advisory Committee shall develop and submit consensus policy recommendations to the Joint Task Force for the Joint Task Force to consider when developing recommendations under section 3(b).(c)MembershipThe members of the Advisory Committee shall include representatives of the following:(1)Airport operators designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security.(2)Air carriers designated by the Secretary of Transportation.(3)Aircraft and aviation manufacturers designated by the Secretary of Transportation.(4)Labor organizations representing—(A)aviation industry workers (including pilots, flight attendants, engineers, maintenance, mechanics, air traffic controllers, safety inspectors, and workers performing airport services such as security, terminal and cabin cleaning, passenger assistance, and aircraft loading) designated by the Secretary of Transportation; and(B)security screening personnel designated by the Secretary of Homeland Security.(5)Public health experts designated by the Secretary of Health and Human Services.(6)Organizations representing airline passengers designated by the Secretary of Transportation.(7)Privacy and civil liberty organizations designated by the Secretary of Homeland Security.(8)Manufacturers and integrators of passenger screening and identity verification technologies designated by the Secretary of Homeland Security.(9)Trade associations representing air carriers (including major passenger air carriers, low-cost passenger air carriers, regional passenger air carriers, cargo air carriers, and foreign passenger air carriers) designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security.(10)Trade associations representing airport operators (including large hub, medium hub, small hub, nonhub primary, and nonprimary commercial service airports) designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security.(11)Aviation contractors designated by the Secretary of Transportation.(d)VacanciesAny vacancy in the membership of the Advisory Committee shall not affect its responsibilities but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App).(e)Prohibition on compensationThe members of the Advisory Committee shall not receive any compensation from the Federal Government by reason of their service on the Advisory Committee.(f)PublicationNot later than 14 days after the date on which the Advisory Committee submits policy recommendations to the Joint Task Force pursuant to subsection (b), the Secretary of Transportation shall publish such policy recommendations on a publicly accessible website.5.Briefings and Reports(a)Preliminary briefingsAs soon as practicable, but not later than 6 months after the date on which the Joint Task Force is established under section 3(a), the Joint Task Force shall begin providing preliminary briefings to Congress on the status of the development of the recommended requirements, plan, and guidelines under section 3(b). The preliminary briefings shall include interim versions, if any, of the recommendations of the Joint Task Force.(b)Final report(1)DeadlineAs soon as practicable, but not later than 18 months after the date of enactment of this Act, the Joint Task Force shall submit a final report to Congress.(2)ContentThe final report shall include the following:(A)All of the recommended requirements, plans, and guidelines developed by the Joint Task Force under section 3(b), and a description of any action taken by the Federal Government as a result of such recommendations.(B)Consensus policy recommendations submitted by the Advisory Committee under section 4(b), and an explanation (including data and risk analysis) of any action by the Joint Task Force in response to such recommendations.6.TerminationThe Joint Task Force and the Advisory Committee shall terminate 30 days after the date on which the Joint Task Force submits the final report required under section 5(b).


114 HCON 172 IH: Expressing the sense of Congress that public health professionals should be commended for their dedication and continued service to the United States on “Public Health Thank You Day”, November 21, 2016.
U.S. House of Representatives
2016-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV114th CONGRESS2d SessionH. CON. RES. 172IN THE HOUSE OF REPRESENTATIVESNovember 15, 2016Mr. Wittman (for himself, Mr. Gene Green of Texas, Ms. Granger, Ms. Roybal-Allard, and Mr. McGovern) submitted the following concurrent resolution; which was referred to the Committee on Energy and CommerceCONCURRENT RESOLUTIONExpressing the sense of Congress that public health professionals should be commended for their
			 dedication and continued service to the United States on Public Health Thank You Day, November 21, 2016.

 Whereas the health and safety of all people in the United States is the foundation of a functioning democracy and strong economy;
 Whereas emerging and re-emerging zoonotic and infectious diseases pose an ongoing threat to the health of people in the United States;
 Whereas natural disasters and biological threats present a constant threat to the life, health, and safety of all people in the United States;
 Whereas poor air quality, poor water quality, inadequate sanitation, social determinants, and behavioral factors exacerbate disease;
 Whereas smoking rates have been nearly halved over the past 50 years, but smoking still takes 480,000 lives each year in the United States;
 Whereas obesity is one of the primary reasons only one-fourth of young people between the ages of 17 and 24 are eligible for military service;
 Whereas racial, ethnic, and geographical disparities in health and health care pose a significant challenge to the Nation’s strength, prosperity, and productivity;
 Whereas through research, surveillance and monitoring, prevention, health promotion, and other strategies, tools, disciplines and programs, public health professionals work tirelessly to reduce the burden of disease, and in so doing play a crucial role in enhancing quality of life and extending life expectancy;
 Whereas public health professionals work diligently to prevent infectious disease spillover and transmission, stem anti-microbial resistance, and address other persistent and emerging global health threats;
 Whereas first responders who put themselves in harm’s way to defend the public health are an invaluable resource to the United States and its citizens; and
 Whereas public health professionals have routinely proven their value in reducing and abating environmental threats such as lead poisoning, tracing and addressing food-borne illnesses, MRSA, and other disease outbreaks, and increasing awareness of healthy lifestyle choices: Now, therefore, be it

 That it is the sense of Congress that public health professionals in the United States are to be celebrated, commended, and thanked for their profoundly important contributions to the Nation on Public Health Thank You Day.


113 HR 383 IH: War Powers Reform Act
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 383
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2013
			Mr. Gibson (for
			 himself, Mr. Amash,
			 Mr. Benishek,
			 Mr. Brooks of Alabama,
			 Mr. Coffman,
			 Mr. Duncan of Tennessee,
			 Mr. Fitzpatrick,
			 Mr. Fortenberry,
			 Ms. Foxx, Mr. Garamendi, Mr.
			 Gosar, Mr. Johnson of
			 Ohio, Mr. Jordan,
			 Mr. Labrador,
			 Mr. Lankford,
			 Mr. Miller of Florida,
			 Mr. Mulvaney,
			 Mr. Nugent,
			 Mr. Reed, Mr. Ribble, Mr.
			 Rooney, Mr. Ross,
			 Mr. Austin Scott of Georgia,
			 Mr. Shimkus,
			 Mr. Smith of Washington,
			 Mr. Smith of New Jersey, and
			 Mr. Stivers) introduced the following
			 bill; which was referred to the Committee
			 on Foreign Affairs, and in addition to the Committee on
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend the War Powers Resolution to limit the use of
		  funds for introduction of the Armed Forces into hostilities, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 War Powers Reform
			 Act.
		2.Purpose and
			 policySection 2(c) of the War
			 Powers Resolution (50 U.S.C. 1541(c)) is amended—
			(1)in the matter
			 preceding paragraph (1), by striking are exercised and inserting
			 may be exercised; and
			(2)in paragraph (3),
			 by inserting after attack the following: or imminent
			 threat of attack.
			3.Consultation and
			 reportingSection 3 of the War
			 Powers Resolution (50 U.S.C. 1542) is amended—
			(1)in the heading, by
			 inserting and
			 reporting after consultation;
			(2)by striking
			 The President and inserting the following:

					(a)ConsultationThe
				President
					;
				and
			(3)by adding at the
			 end the following:

					(b)ReportingThe President in every possible instance
				shall submit to Congress before introducing United States Armed Forces into
				hostilities or into situations where imminent involvement in hostilities is
				clearly indicated by the circumstances a report, in writing, setting forth the
				estimated scope and duration of the hostilities or
				involvement.
					.
			4.ReportingSection 4(a) of the War Powers Resolution
			 (50 U.S.C. 1543(a)) is amended by inserting or a specific statutory
			 authorization after a declaration of war.
		5.Limitation on use
			 of funds for introduction of Armed Forces into hostilitiesThe War Powers Resolution (50 U.S.C. 1541 et
			 seq.) is amended—
			(1)by striking
			 sections 5, 6, and 7;
			(2)by redesignating
			 sections 8, 9, and 10 as sections 6, 7, and 8, respectively; and
			(3)by inserting after
			 section 4 the following:

					5.limitation on use of funds(a)No funds available for the United States
				Armed Forces may be obligated or expended for introduction of the Armed Forces
				into hostilities, or into situations where imminent involvement in hostilities
				is clearly indicated by the circumstances, in the absence of a declaration of
				war, specific statutory authorization, or a national emergency created by an
				attack or imminent threat of attack upon the United States, its territories or
				possessions, or the Armed Forces.
						(b)It shall not be in order in the House of
				Representatives or the Senate to consider any bill or joint resolution that
				would make funds available in violation of subsection
				(a).
						.


 HR 3638 ENR: To designate the facility of the United States Postal Service located at 1100 Kings Road in Jacksonville, Florida, as the “Rutledge Pearson Post Office Building”.
U.S. House of Representatives

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

I
One Hundred Fifteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen
H. R. 3638

AN ACT
To designate the facility of the United States Postal Service located at 1100 Kings Road in Jacksonville, Florida, as the Rutledge Pearson Post Office Building.

1.Rutledge Pearson Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 1100 Kings Road in Jacksonville, Florida, shall be known and designated as the Rutledge Pearson Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Rutledge Pearson Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		I
		112th CONGRESS
		2d Session
		H. R. 5246
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Murphy of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on 2-Oxepanone
		  polymer with 1,4-butanediol and
		  5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane,
		  2-ethyl-1-hexanol-blocked.

		1.2-Oxepanone polymer with
			 1,4-butanediol and
			 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane,
			 2-ethyl-1-hexanol-blocked
			(a)In
			 generalHeading 9902.12.10 of
			 the Harmonized Tariff Schedule of the United States (relating to 2-Oxepanone
			 polymer with 1,4-butanediol and
			 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane,
			 2-ethyl-1-hexanol-blocked) is amended by striking the date in the effective
			 period column and inserting 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 3592
		IN THE SENATE OF THE UNITED
		  STATES

			September 25
			 (legislative day, September 17), 2008
			Mr. Schumer (for himself
			 and Mrs. Clinton) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To designate 4 counties in the State of New
		  York as high-intensity drug trafficking areas, and to authorize funding for
		  drug control activities in those areas.

		1.Short titleThis Act may be cited as the
			 New York/New Jersey High-Intensity
			 Drug Trafficking Area Expansion Act of 2008.
		2.Designation of high-intensity drug
			 trafficking areas in New YorkThe counties of Clinton, Franklin,
			 Jefferson, and St. Lawrence in the State of New York are designated as
			 high-intensity drug trafficking areas and shall be part of the New York/New
			 Jersey high-intensity drug trafficking area under the program administered by
			 the Office of National Drug Control Policy.
		3.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary for each of the fiscal
			 years 2009 through 2014 to carry out drug control activities in the areas
			 designated by this Act.


114 HR 4104 IH: Bike to Work Act of 2015
U.S. House of Representatives
2015-11-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4104
		IN THE HOUSE OF REPRESENTATIVES

			November 19, 2015
			Mr. Crowley (for himself and Mr. Paulsen) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to treat bicycle sharing systems as mass transit
			 facilities for purposes of the qualified transportation fringe.

 1.Short titleThis Act may be cited as the Bike to Work Act of 2015. 2.Bicycle sharing systems treated as mass transit facilities (a)In GeneralSection 132(f)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

					(G)Bicycle sharing systems treated as mass transit facilities
 (i)In generalA bicycle sharing system shall be treated as a mass transit facility for purposes of subparagraph (A)(i).
 (ii)Bicycle sharing systemThe term bicycle sharing system means a public transportation system— (I)consisting of a network of stations at which bicycles are made available to customers for commuting and short-term, point-to-point use within the network’s service area, and
 (II)that is operated or authorized by a government agency or public-private partnership.. (b)Effective dateThe amendment made by this section shall apply to months beginning after the date of the enactment of this Act.


		II
		111th CONGRESS
		2d Session
		S. 3007
		IN THE SENATE OF THE UNITED
		  STATES

			February 11, 2010
			Mr. Brown of Ohio
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to impose a 50 percent tax on bonuses paid by TARP recipients, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Wall Street Bonus Tax
			 Act.
		2.Excise tax on bonuses received by employees
			 of businesses receiving TARP funds
			(a)In generalChapter 46 of the Internal Revenue Code of
			 1986 is amended by adding at the end the following new section:

					4999A.Bonuses paid by TARP recipients
						(a)In generalIn the case of any payment of compensation
				during 2010 in the nature of a bonus by a TARP recipient to any employee or
				former employee of such recipient, there is hereby imposed a tax equal to 50
				percent of so much of such compensation as exceeds $25,000.
						(b)Tax paid by bonus recipientThe tax imposed by this section shall be
				paid by such employee or former employee.
						(c)Definitions and special rulesFor purposes of this section—
							(1)TARP
				recipientThe term TARP
				recipient means any person who receives funds under title I of the
				Emergency Economic Stabilization Act of 2008.
							(2)EmployeeThe term employee includes
				officers and executives.
							(3)Entities acquired by TARP
				recipientsIf more than 50
				percent of the equity interests in any person is acquired by a TARP recipient,
				such person shall be treated as a TARP recipient for purposes of this section
				and subsection (a) shall apply to applicable compensation paid by such person
				after the earlier of the date of such acquisition or the date that such
				acquisition is announced.
							(4)Certain controlled groups,
				etcAll employees who are
				treated as employed by a single employer under subsections (b), (c), or (m) of
				section 414 shall be treated as employed by a single employer for purposes of
				this
				section.
							.
			(b)Clerical amendmentThe table of sections for chapter 46 of
			 such Code is amended by adding at the end the following new item:

						Sec. 4999A. Bonuses
				paid by TARP
				recipients.

					.
			3.Direct lending program for small business
			 concerns
			(a)EstablishmentThe Administrator of the Small Business
			 Administration shall establish and carry out a program under which the
			 Administrator is authorized to make loans directly to small business
			 concerns.
			(b)AdministrationTo the extent practicable, the
			 Administrator of the Small Business Administration shall carry out the program
			 established under subsection (a) in a manner similar to the loan program under
			 section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
			(c)FundingThe Administrator of the Small Business
			 Administration shall carry out the program established under subsection (a)
			 using amounts made available to the Administrator under section 9511 of the
			 Internal Revenue Code of 1986.
			(d)Small business concern
			 definedThe term small
			 business concern has the meaning given such term under section 3(a) of
			 the Small Business Act (15 U.S.C. 632(a)).
			4.Small Business Growth Fund
			(a)In generalChapter 98 of the Internal Revenue Code of
			 1986 is amended by adding at the end the following new section:

					9511.Small Business Growth Fund
						(a)Creation of trust fundThere is established in the Treasury of the
				United States a trust fund to be known as the Small Business Growth
				Fund, consisting of such amounts as may be appropriated or credited to
				such Fund as provided in this section or section 9602(b).
						(b)Transfers to Trust FundThere are hereby appropriated to the Small
				Business Growth Fund amounts equivalent to the taxes received in the Treasury
				under section 4999A.
						(c)ExpendituresAmounts in the Small Business Growth Fund
				shall be available, as provided in appropriations Acts, only for carrying out
				the direct lending program for small business concerns under section 3 of the
				Wall Street Bonus Act, as in effect on the date of the enactment of such
				Act.
						.
			(b)Clerical amendmentThe table of sections for chapter 98 of
			 such Code is amended by adding at the end the following new item:

						Sec. 9511. Small Business
				Growth
				Fund.

					.
			(c)Effective
			 dateThe amendments made by
			 this section shall take effect on the date of the enactment of this Act.


109 HR 2575 IH: To extend the suspension of duty on Methyl thioglycolate (MTG).
U.S. House of Representatives
2005-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2575
IN THE HOUSE OF REPRESENTATIVES

May 24, 2005
Mr. Bonner introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the suspension of duty on Methyl thioglycolate (MTG).

1.Methyl thioglycolate (MTG)
(a)In generalHeading 9902.32.55 of the Harmonized Tariff Schedule of the United States (relating to Methyl thioglycolate (MTG)) is amended by striking 12/31/2006 and inserting 12/31/2009.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.