I
108th CONGRESS 2d Session
H. R. 5121
IN THE HOUSE OF REPRESENTATIVES

September 22, 2004
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Mica, and Mr. DeFazio) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on International Relations, 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 further protect the United States aviation system from terrorist attacks.

1.Provision for the use of biometric or other technology
(a)Use of biometric technologySection 44903(h) of title 49, United States Code, is amended—
(1)in paragraph (4)(E) by striking may provide for and inserting shall issue, not later than 120 days after the date of enactment of paragraph (5), guidance for; and
(2)by adding at the end the following:

(5)Use of biometric technology in airport access control systemsIn issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with representatives of the aviation industry, the biometrics industry, and the National Institute of Standards and Technology, shall establish, at a minimum—
(A)comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure;
(B) a list of products and vendors that meet such requirements and standards;
(C)procedures for implementing biometric systems—
(i)to ensure that individuals do not use an assumed identity to enroll in a biometric system; and
(ii)to resolve failures to enroll, false matches, and false non-matches; and
(D)best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
(6)Use of biometric technology for law enforcement officer travel
(A)In generalNot later than 120 days after the date of enactment of this paragraph, the Assistant Secretary shall—
(i)establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies;
(ii)establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer;
(iii)establish procedures—
(I)to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential;
(II)to resolve failures to enroll, false matches, and false non-matches relating to use of the travel credential; and
(III)to invalidate any travel credential that is lost, stolen, or no longer authorized for use;
(iv)begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and
(v)take such other actions with respect to the travel credential as the Secretary considers appropriate.
(B)FundingThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(7)DefinitionsIn this subsection, the following definitions apply:
(A)Biometric informationThe term biometric information means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual.
(B)BiometricsThe term biometrics means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.
(C)Failure to enrollThe term failure to enroll means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors.
(D)False matchThe term false match means the incorrect matching of one individual’s biometric information to another individual’s biometric information by a biometric system.
(E)False non-matchThe term false non-match means the rejection of a valid identity by a biometric system.
(F)Secure area of an airportThe term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section)..
(b)Funding for use of biometric technology in airport access control systems
(1)Grant authoritySection 44923(a)(4) of title 49, United States Code, is amended—
(A)by striking and at the end of paragraph (3);
(B)by redesignating paragraph (4) as paragraph (5); and
(C)by inserting after paragraph (3) the following:

(4)for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and.
(2)Authorization of appropriationsSection 44923(i)(1) of such title is amended by striking $250,000,000 for each of fiscal years 2004 through 2007 and inserting $250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007.
2.Checked baggage security screening
(a)In GeneralSubchapter I of chapter 449 of title 49 United States Code, is amended by adding at the end the following:

44925.Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items
(a)General authorityNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes.
(b)Required findingsThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport.
(c)Ending contractA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination.
(d)Contract provisionsA contract made under this section—
(1)may include any cost associated with providing electronic explosive detection system images, including—
(A)maintenance;
(B)financing;
(C)reasonable management fees; and
(D)other items or services the Assistant Secretary deems necessary;
(2)may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary;
(3)may specify ownership rights of the electronic explosive detection system images; and
(4)may be made with multiple parties.
(e)System designPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users.
(f)Priority considerationThe Assistant Secretary shall give priority under this section to entering into contracts that will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section.
(g)ScoringNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11..
(b)Clerical AmendmentThe analysis for such chapter is amended by inserting after the item relating to section 44924 the following:

44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items.
3.Aviation security capital fund
(a)In generalSection 44923(h)(1) of title 49, United States Code, is amended—
(1)by striking in each of fiscal years 2004 and inserting in fiscal year 2004 and the first $500,000,000 derived from such fees in each of fiscal years 2005; and
(2)by striking in each of such fiscal years and inserting in fiscal year 2004 and at least $500,000,000 in each of fiscal years 2005 through 2007.
(b)Discretionary grantsSection 44923(h)(3) of such title is amended by inserting after $125,000,000 the following: for fiscal year 2004 and $375,000,000 for each of fiscal years 2005 through 2007.
4.Transportation security strategic planningSection 44904 of title 49, United States Code, is amended—
(1)by redesignating subsection (c) as subsection (e); and
(2)by inserting after subsection (b) the following:

(c)Transportation security strategic planning
(1)In generalThe Secretary of Homeland Security shall prepare and update, as needed, a transportation sector specific plan and transportation modal security plans in accordance with this section.
(2)ContentsAt a minimum, the modal security plan for aviation prepared under paragraph (1) shall—
(A)set risk-based priorities for defending aviation assets;
(B)select the most practical and cost-effective methods for defending aviation assets;
(C)assign roles and missions to Federal, State, regional, and local authorities and to stakeholders;
(D)establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
(E)include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
(3)ReportsNot later than 180 days after the date of enactment of the subsection and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plans prepared under paragraph (1), including any updates to the plans. The report may be submitted in a classified format.
(d)Operational criteriaNot later than 90 days after the date of submission of the report under subsection (c)(3), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and operations against the threat identified in the plans prepared under subsection (c)(1) and shall approve best practices guidelines for airport assets..
5.Next generation airline passenger prescreening
(a)In generalSection 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following:

(C)Next generation airline passenger prescreening
(i)Commencement of testingNot later than November 1, 2004, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of a next generation passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger name records to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government.
(ii)Assumption of functionNot later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall assume the performance of the passenger prescreening function of comparing passenger name records to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function.
(iii)RequirementsIn assuming performance of the function under clause (i), the Assistant Secretary shall—
(I)establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the next generation passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
(II)ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
(III)establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
(IV)establish sufficient operational safeguards to reduce the opportunities for abuse;
(V)implement substantial security measures to protect the system from unauthorized access;
(VI)adopt policies establishing effective oversight of the use and operation of the system; and
(VII)ensure that there are no specific privacy concerns with the technological architecture of the system.
(iv)Passenger name recordsNot later than 60 days after the completion of the testing of the next generation passenger prescreening system, the Assistant Secretary shall require air carriers to supply to the Assistant Secretary the passenger name records needed to begin implementing the next generation passenger prescreening system.
(D)Screening of employees against watchlistThe Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before—
(i)being certificated by the Federal Aviation Administration;
(ii)being issued a credential for access to the secure area of an airport; or
(iii)being issued a credential for access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
(E)Appeal proceduresThe Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under subparagraph (D) to appeal the determination and correct any erroneous information.
(F)DefinitionIn this paragraph, the term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section)..
(b)GAO report
(1)In generalNot later than 90 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) assumes performance of the passenger prescreening function under section 44903(j)(2)(C)(ii) of title 49, United States Code, the Comptroller General shall submit to the appropriate congressional committees a report on the assumption of such function. The report may be submitted in a classified format.
(2)ContentsThe report under paragraph (1) shall address—
(A)whether a system exists in the next generation passenger prescreening system whereby aviation passengers, determined to pose a threat and either delayed or prohibited from boarding their scheduled flights by the Transportation Security Administration, may appeal such a decision and correct erroneous information;
(B)the sufficiency of identifying information contained in passenger name records and any government databases for ensuring that a large number of false positives will not result under the next generation passenger prescreening system in a significant number of passengers being treated as a threat mistakenly or in security resources being diverted;
(C)whether the Transportation Security Administration stress tested the next generation passenger prescreening system;
(D)whether an internal oversight board has been established in the Department of Homeland Security to monitor the next generation passenger prescreening system;
(E)whether sufficient operational safeguards have been established to prevent the opportunities for abuse of the system;
(F)whether substantial security measures are in place to protect the passenger prescreening database from unauthorized access;
(G)whether policies have been adopted for the effective oversight of the use and operation of the system;
(H)whether specific privacy concerns still exist with the system; and
(I)whether appropriate life cycle cost estimates have been developed, and a benefit and cost analysis has been performed, for the system.
6. Deployment and use of explosive detection equipment at airport screening checkpoints
(a)Nonmetallic weapons and explosivesIn order to improve security, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall give priority to developing, testing, improving, and deploying technology at screening checkpoints at airports that will detect nonmetallic weapons and explosives on the person of individuals, in their clothing, or in their carry-on baggage or personal property and shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of nonmetallic weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft.
(b)Strategic plan for deployment and use of explosive detection equipment at airport screening checkpoints
(1)In generalNot later than 90 days after the date of enactment of this Act, the Assistant Secretary shall transmit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection systems at airports to screen individuals and their carry-on baggage or personal property, including walk-through explosive detection portals, document scanners, shoe scanners, and any other explosive detection equipment for use at a screening checkpoint. The plan may be transmitted in a classified format.
(2)ContentsThe strategic plan shall include descriptions of the operational applications of explosive detection equipment at airport screening checkpoints, a deployment schedule and quantities of equipment needed to implement the plan, and funding needs for implementation of the plan, including a financing plan that provides for leveraging non-Federal funding.
7.Pilot program to evaluate use of blast-resistant cargo and baggage containers
(a)In generalBeginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device.
(b)Incentives for participation in pilot program
(1)In generalAs part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft.
(2)ApplicationsTo volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires.
(3)Types of assistanceAssistance provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of blast-resistant containers and financial assistance to cover increased costs to the carriers associated with the use and maintenance of the containers, including increased fuel costs.
(c)ReportNot later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to appropriate congressional committees a report on the results of the pilot program.
(d)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $2,000,000. Such sums shall remain available until expended.
8.Air cargo screening technologyThe Transportation Security Administration shall develop technology to better identify, track, and screen air cargo.
9.Airport checkpoint screening explosive detectionSection 44940 of title 49, United States Code, is amended by adding at the end the following:

(i)Checkpoint Screening Security Fund
(1)EstablishmentThere is established in the Department of Homeland Security a fund to be known as the Checkpoint Screening Security Fund.
(2)DepositsIn each of fiscal years 2005 and 2006, after amounts are made available under section 44923(h), the next $30,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund.
(3)FeesThe Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $30,000,000 in each of fiscal years 2005 and 2006 for deposit into the Fund.
(4)Availability of amountsAmounts in the Fund shall be available for the purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives..
10.Next generation security checkpoint
(a)Pilot programThe Transportation Security Administration shall develop, not later than 120 days after the date of enactment of this Act, and conduct a pilot program to test, integrate, and deploy next generation security checkpoint screening technology at not less than 5 airports in the United States.
(b)Human factor studies The Administration shall conduct human factors studies to improve screener performance as part of the pilot program under subsection (a).
11.Penalty for failure to secure cockpit door
(a)Civil penaltySection 46301(a) of title 49, United States Code, is amended by adding at the end the following:

(6)Penalty for failure to secure flight deck doorAny person holding a part 119 certificate under part of title 14, Code of Federal Regulations, is liable to the Government for a civil penalty of not more than $25,000 for each violation, by the pilot in command of an aircraft owned or operated by such person, of any Federal regulation that requires that the flight deck door be closed and locked when the aircraft is being operated..
(b)Technical corrections
(1)Compromise and setoff for false informationSection 46302(b) of such title is amended by striking Secretary of Transportation and inserting Secretary of the Department of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,.
(2)Carrying a weaponSection 46303 of such title is amended—
(A)in subsection (b) by striking Secretary of Transportation and inserting Secretary of Homeland Security; and
(B)in subsection (c)(2) by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security.
(3)Administrative imposition of penaltiesSection 46301(d) of such title is amended—
(A)in the first sentence of paragraph (2) by striking 46302, 46303, and inserting 46302 (for a violation relating to section 46504),; and
(B)in the second sentence of paragraph (2)—
(i)by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security; and
(ii)by striking 44909) and inserting 44909), 46302 (except for a violation relating to section 46504), 46303,;
(C)in each of paragraphs (2), (3), and (4) by striking Under Secretary or and inserting Secretary of Homeland Security; and
(D)in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.
12.Federal air marshal anonymityThe Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue to develop operational initiatives to protect the anonymity of Federal air marshals.
13.Federal law enforcement in-flight counterterrorism trainingThe Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall make available appropriate in-flight counterterrorism procedures and tactics training to Federal law enforcement officers who fly while on duty.
14.Federal flight deck officer weapon carriage pilot program
(a)In generalNot later than 90 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. The Assistant Secretary may prescribe any training, equipment, or procedures that the Assistant Secretary determines necessary to ensure safety and maximize weapon retention.
(b)ReviewNot later than 1 year after the date of initiation of the pilot program, the Assistant Secretary shall conduct a review of the safety record of the pilot program and transmit a report on the results of the review to the appropriate congressional committees.
(c)OptionIf the Assistant Secretary as part of the review under subsection (b) determines that the safety level obtained under the pilot program is comparable to the safety level determined under existing methods of pilots carrying firearms on aircraft, the Assistant Secretary shall allow all pilots participating in the Federal flight deck officer program the option of carrying their firearm on their person subject to such requirements as the Assistant Secretary determines appropriate.
15.International agreements to allow maximum deployment of Federal flight deck officersThe President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals and Federal flight deck officers on international flights.
16.Registered traveler programThe Transportation Security Administration shall expedite implementation of the registered traveler program.
17.Wireless communication
(a)StudyThe Transportation Security Administration, in consultation with the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly notify the pilot in the case of a security breach or safety issue occurring in the cabin.
(b)Matters to be consideredIn conducting the study, the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard aircraft for flight crew communication.
(c)ReportNot later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall submit to the appropriate congressional committees a report on the results of the study.
18.Secondary flight deck barriersNot later than 6 months after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall transmit to the appropriate congressional committees a report on the costs and benefits associated with the use of secondary flight deck barriers and whether the use of such barriers should be mandated for all air carriers. The Assistant Secretary may transmit the report in a classified format.
19.ExtensionSection 48301(a) of title 49, United States Code, is amended by striking and 2005 and inserting 2005, and 2006.
20.Under secretary for local government and tourism of the Department of Homeland Security
(a)Establishment of under secretary for local government and tourismSection 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—
(1)by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
(2)by inserting after paragraph (5) the following:

(6)An Under Secretary for Local Government and Tourism..
(b)FunctionsSuch Act is further amended—
(1)in section 102(c) (6 U.S.C. 112(c)) by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Under Secretary for Local Government and Tourism;
(2)in section 102(f) (6 U.S.C. 112(f)) by striking the subsection designator and all that precedes paragraph (1) and inserting the following:

(f)Under secretary for local government and tourismThe Under Secretary for Local Government and Tourism shall be responsible for;
(3)in section 801(a) (6 U.S.C. 361(a))—
(A)by striking in the Office of the Secretary; and
(B)by adding at the end the following: The Under Secretary for Local Government and Tourism shall be the head of the Office.; and
(4)in section 801(b) by striking The Office established under this section and inserting The Under Secretary for Local Government and Tourism, acting through the Office,.
21. Federal air marshal trainingSection 44917 of title 49, United States Code, is amended by adding at the end the following:

(d)Training For Foreign Law Enforcement Personnel
(1)In GeneralThe Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries.
(2)Watchlist ScreeningThe Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign countries after comparing the identifying information and records of law enforcement personnel of foreign countries against appropriate records in the consolidated and integrated terrorist watchlists of the Federal Government.
(3)FeesThe Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Assistant Secretary for purposes for which amounts in such account are available..
22.Perimeter Security
(a)ReportNot later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with airport operators and law enforcement authorities, shall develop and submit to the appropriate congressional committee a report on airport perimeter security. The report may be submitted in a classified format.
(b)ContentsThe report shall include—
(1)an examination of the feasibility of access control technologies and procedures, including the use of biometrics and other methods of positively identifying individuals prior to entry into secure areas of airports, and provide best practices for enhanced perimeter access control techniques; and
(2)an assessment of the feasibility of physically screening all individuals prior to entry into secure areas of an airport and additional methods for strengthening the background vetting process for all individuals credentialed to gain access to secure areas of airports.
23. Man-portable air defense systems (MANPADs)
(a)United States policy on nonproliferation and export control
(1)To limit availability and transfer of MANPADSThe President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide.
(2)To limit the proliferation of manpadsThe President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would—
(A)prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement;
(B)prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and
(C)prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.
(3)To achieve destruction of manpadsThe President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide.
(4)Reporting and briefing requirement
(A)President’s reportNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office set forth in its report GAO-04-519, entitled Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems.
(B)Annual briefingsAnnually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts.
(b)FAA airworthiness certification of missile defense systems for commercial aircraft
(1)In generalAs soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity.
(2)Certification acceptanceUnder the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs.
(3)Expeditious certificationUnder the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security.
(4)ReportsNot later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safety certification issued for a missile defense system for commercial aircraft.
(c)Programs to reduce MANPADS
(1)In generalThe President is encouraged to pursue strong programs to reduce the number of MANPADS worldwide so that fewer MANPADS will be available for trade, proliferation, and sale.
(2)Reporting and briefing requirementsNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs.
(3)FundingThere are authorized to be appropriated such sums as may be necessary to carry out this section.
(d)MANPADS vulnerability assessments report
(1)In generalNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADS attacks.
(2)Matters to be addressedThe Secretary’s report shall address, at a minimum, the following:
(A)The status of the Department’s efforts to conduct MANPADS vulnerability assessments at United States airports at which the Department is conducting assessments.
(B)How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
(C)Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports.
(D)The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft.
(E)Any other issues that the Secretary deems relevant.
(3)FormatThe report required by this subsection may be submitted in a classified format.
(e)DefinitionsIn this section, the following definitions apply:
(1)Appropriate congressional committeesThe term appropriate congressional committees means—
(A)the Committee on Armed Services, the Committee on International Relations, and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.
(2)MANPADSThe term MANPADS means—
(A)a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
(B)any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.
24.DefinitionsIn this Act (other than section 23), the following definitions apply:
(1)Appropriate congressional committeeThe term appropriate congressional committees means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2)Air carrierThe term air carrier has the meaning such term has under section 40102 of title 49, United States Code.
(3)Secure area of an airportThe term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).


109 HCON 174 IH: Expressing the sense of the Congress regarding fertility issues facing cancer survivors.
U.S. House of Representatives
2005-06-08
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.

IV
109th CONGRESS
1st Session
H. CON. RES. 174
IN THE HOUSE OF REPRESENTATIVES

June 8, 2005
Mrs. Myrick (for herself, Mrs. Capps, Mr. Israel, Ms. Pryce of Ohio, Ms. Eshoo, Ms. DeLauro, Mrs. Lowey, Mr. Waxman, Mr. Higgins, Mr. Bishop of Georgia, Mr. Marshall, and Ms. Baldwin) submitted the following concurrent resolution; which was referred to the Committee on Energy and Commerce

CONCURRENT RESOLUTION
Expressing the sense of the Congress regarding fertility issues facing cancer survivors.

Whereas there are more than 10,000,000 cancer survivors in the United States, and approximately 1,000,000 of those survivors were diagnosed during their reproductive years;
Whereas approximately 130,000 people under the age of 45 are diagnosed with cancer each year;
Whereas up to 90 percent of patients diagnosed with cancer under the age of 45 will undergo potentially sterilizing treatments, such as surgery, chemotherapy, or radiation;
Whereas survivorship rates have dramatically increased so that 71 percent of patients who are diagnosed with cancer under the age of 45 can expect to live at least five years beyond the diagnosis of their disease;
Whereas long-term consequences of cancer treatment are of increasing concern to patients since they are increasingly likely to survive their cancer;
Whereas the diagnosis of infertility can be as devastating for many patients as the cancer diagnosis itself;
Whereas successful fertility preservation options for men and women exist and include: sperm banking, oocyte (egg) freezing, and ovarian and testicular tissue freezing;
Whereas many cancer patients have the option of taking steps to preserve their fertility before their potentially sterilizing cancer treatment begins;
Whereas many patients do not take steps to preserve their fertility before treatment because they are not informed by their health care professionals that their fertility is at risk, or, if they are informed of the risk, they are generally not counseled on their fertility preservation options;
Whereas unrelated factors such as marital status or poor prognosis should not preclude certain patients from being informed about their fertility risks and options; and
Whereas the 2003–2004 President’s Cancer Panel Report recognized that comprehensive written and verbal information regarding fertility side effects and fertility preservation options for all reproductive-age patients should be provided before treatment: Now, therefore, be it

That it is the sense of the Congress that—
(1)cancer-related infertility is a serious quality of life issue for reproductive-age cancer patients;
(2)national and community organizations should be recognized and applauded for their work in promoting awareness of the risks of infertility and fertility preservation options for cancer survivors;
(3)the medical community should increase its efforts to ensure that discussions about the risk of infertility and fertility preservation options are an integral part of pretreatment planning and consent for treatment for all reproductive-age patients; and
(4)the Federal Government, acting through the National Institutes of Health, should endeavor to—
(A)encourage research that will strengthen fertility preservation technologies for cancer patients;
(B)continue to consider ways to improve access to fertility preservation options for cancer patients; and
(C)endeavor to raise awareness about the fertility side effects and fertility preservation options for cancer patients.


		II

		Calendar No. 385

		109th CONGRESS

		2d Session

		S. 2489

		[Report No. 109–226]

		IN THE SENATE OF THE UNITED

		  STATES

			April 3, 2006

			Mr. Lugar, from the

			 Committee on Foreign Relations, reported the following original bill; which was

			 read twice and placed on the calendar

		A BILL

		To implement the obligations of the United

		  States under the Protocol Additional to the Agreement between the United States

		  of America and the International Atomic Energy Agency for the Application of

		  Safeguards in the United States of America, signed by the United States on June

		  12, 1998.

		1.Short titleThis Act may be cited as the

			 U.S. Additional Protocol

			 Implementation Act.

		2.DefinitionsIn this Act:

			(1)Additional

			 protocolThe term

			 Additional Protocol, when used in the singular form, means the

			 Protocol Additional to the Agreement between the United States of America and

			 the International Atomic Energy Agency for the Application of Safeguards in the

			 United States of America, with Annexes, signed at Vienna June 12, 1998 (T. Doc.

			 107–7).

			(2)Appropriate

			 congressional committeesThe

			 term appropriate congressional committees means the Committee on

			 Armed Services, the Committee on Foreign Relations, and the Committee on

			 Appropriations of the Senate and the Committee on Armed Services, the Committee

			 on International Relations, and the Committee on Appropriations of the House of

			 Representatives.

			(3)Complementary

			 accessThe term

			 complementary access means the exercise of the IAEA’s access

			 rights as set forth in Articles 4 to 6 of the Additional Protocol.

			(4)Executive

			 agencyThe term

			 executive agency has the meaning given such term in section 105 of

			 title 5, United States Code.

			(5)FacilityThe term facility has the

			 meaning set forth in Article 18i. of the Additional Protocol.

			(6)IAEAThe term IAEA means the

			 International Atomic Energy Agency.

			(7)Judge of the

			 united statesThe term

			 judge of the United States means a United States district judge,

			 or a United States magistrate judge appointed under the authority of chapter 43

			 of title 28, United States Code.

			(8)LocationThe term location means any

			 geographic point or area declared or identified by the United States or

			 specified by the International Atomic Energy Agency.

			(9)Nuclear

			 non-proliferation treatyThe

			 term Nuclear Non-Proliferation Treaty means the Treaty on the

			 Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow

			 July 1, 1968, and entered into force March 5, 1970 (21 UST 483).

			(10)Nuclear-weapon

			 state party and non-nuclear-weapon state partyThe terms nuclear-weapon State

			 Party and non-nuclear-weapon State Party have the meanings

			 given such terms in the Nuclear Non-Proliferation Treaty.

			(11)PersonThe term person, except as

			 otherwise provided, means any individual, corporation, partnership, firm,

			 association, trust, estate, public or private institution, any State or any

			 political subdivision thereof, or any political entity within a State, any

			 foreign government or nation or any agency, instrumentality or political

			 subdivision of any such government or nation, or other entity located in the

			 United States.

			(12)SiteThe term site has the meaning

			 set forth in Article 18b. of the Additional Protocol.

			(13)United

			 statesThe term United

			 States, when used as a geographic reference, means the several States of

			 the United States, the District of Columbia, and the commonwealths,

			 territories, and possessions of the United States and includes all places under

			 the jurisdiction or control of the United States, including—

				(A)the territorial sea and the overlying

			 airspace;

				(B)any civil aircraft of the United States or

			 public aircraft, as such terms are defined in paragraphs (17) and (41),

			 respectively, of section 40102(a) of title 49, United States Code; and

				(C)any vessel of the United States, as such

			 term is defined in section 3(b) of the Maritime Drug Law Enforcement Act (46

			 U.S.C. App. 1903(b)).

				(14)Wide-area

			 environmental samplingThe

			 term wide-area environmental sampling has the meaning set forth in

			 Article 18g. of the Additional Protocol.

			3.SeverabilityIf any provision of this Act, or the

			 application of such provision to any person or circumstance, is held invalid,

			 the remainder of this Act, or the application of such provision to persons or

			 circumstances other than those as to which it is held invalid, shall not be

			 affected thereby.

		IGENERAL PROVISIONS

			101.Authority

				(a)In

			 GeneralThe President is

			 authorized to implement and carry out the provisions of this Act and the

			 Additional Protocol and shall designate through Executive order which executive

			 agency or agencies of the United States, which may include but are not limited

			 to the Department of State, the Department of Defense, the Department of

			 Justice, the Department of Commerce, the Department of Energy, and the Nuclear

			 Regulatory Commission, shall issue or amend and enforce regulations in order to

			 implement this Act and the provisions of the Additional Protocol.

				(b)Included

			 AuthorityFor any executive

			 agency designated under subsection (a) that does not currently possess the

			 authority to conduct site vulnerability assessments and related activities, the

			 authority provided in subsection (a) includes such authority.

				(c)ExceptionThe authority described in subsection (b)

			 does not supersede or otherwise modify any existing authority of any Federal

			 department or agency already having such authority.

				IICOMPLEMENTARY ACCESS

			201.Requirement for

			 authority to conduct complementary access

				(a)ProhibitionNo complementary access to any location in

			 the United States shall take place pursuant to the Additional Protocol without

			 the authorization of the United States Government in accordance with the

			 requirements of this Act.

				(b)Authority

					(1)In

			 generalComplementary access

			 to any location in the United States subject to access under the Additional

			 Protocol is authorized in accordance with this Act.

					(2)United states

			 representatives

						(A)RestrictionsIn the event of complementary access to a

			 privately owned or operated location, no employee of the Environmental

			 Protection Agency or of the Mine Safety and Health Administration or the

			 Occupational Safety and Health Administration of the Department of Labor may

			 participate in the access.

						(B)NumberThe number of designated United States

			 representatives accompanying IAEA inspectors shall be kept to the minimum

			 necessary.

						202.Procedures for

			 complementary access

				(a)In

			 GeneralEach instance of

			 complementary access to a location in the United States under the Additional

			 Protocol shall be conducted in accordance with this title.

				(b)Notice

					(1)In

			 generalComplementary access

			 referred to in subsection (a) may occur only upon the issuance of an actual

			 written notice by the United States Government to the owner, operator,

			 occupant, or agent in charge of the location to be subject to complementary

			 access.

					(2)Time of

			 notificationThe notice under

			 paragraph (1) shall be submitted to such owner, operator, occupant, or agent as

			 soon as possible after the United States Government has received notification

			 that the IAEA seeks complementary access. Notices may be posted prominently at

			 the location if the United States Government is unable to provide actual

			 written notice to such owner, operator, occupant, or agent.

					(3)Content of

			 notice

						(A)In

			 generalThe notice required

			 by paragraph (1) shall specify—

							(i)the purpose for the complementary

			 access;

							(ii)the basis for the selection of the

			 facility, site, or other location for the complementary access sought;

							(iii)the activities that will be carried out

			 during the complementary access;

							(iv)the time and date that the complementary

			 access is expected to begin, and the anticipated period covered by the

			 complementary access; and

							(v)the names and titles of the

			 inspectors.

							(4)Separate

			 notices requiredA separate

			 notice shall be provided each time that complementary access is sought by the

			 IAEA.

					(c)CredentialsThe complementary access team of the IAEA

			 and representatives or designees of the United States Government shall display

			 appropriate identifying credentials to the owner, operator, occupant, or agent

			 in charge of the location before gaining entry in connection with complementary

			 access.

				(d)Scope

					(1)In

			 generalExcept as provided in

			 a warrant issued under section 203, and subject to the United States

			 Government’s rights under the Additional Protocol to limit complementary

			 access, complementary access to a location pursuant to this title may extend to

			 all activities specifically permitted for such locations under Article 6 of the

			 Additional Protocol.

					(2)ExceptionUnless required by the Additional Protocol,

			 no inspection under this title shall extend to—

						(A)financial data (other than production

			 data);

						(B)sales and marketing data (other than

			 shipment data);

						(C)pricing data;

						(D)personnel data;

						(E)patent data;

						(F)data maintained for compliance with

			 environmental or occupational health and safety regulations; or

						(G)research data.

						(e)Environment,

			 Health, Safety, and SecurityIn carrying out their activities, members

			 of the IAEA complementary access team and representatives or designees of the

			 United States Government shall observe applicable environmental, health,

			 safety, and security regulations established at the location subject to

			 complementary access, including those for protection of controlled environments

			 within a facility and for personal safety.

				203.Consents, warrants,

			 and complementary access

				(a)In

			 General

					(1)Procedure

						(A)ConsentExcept as provided in paragraph (2), an

			 appropriate official of the United States Government shall seek or have the

			 consent of the owner, operator, occupant, or agent in charge of a location

			 prior to entering that location in connection with complementary access

			 pursuant to sections 201 and 202. The owner, operator, occupant, or agent in

			 charge of the location may withhold consent for any reason or no reason.

						(B)Administrative

			 search warrantIn the absence

			 of consent, the United States Government may seek an administrative search

			 warrant from a judge of the United States under subsection (b). Proceedings

			 regarding the issuance of an administrative search warrant shall be conducted

			 ex parte, unless otherwise requested by the United States Government.

						(2)Expedited

			 accessFor purposes of

			 obtaining access to a location pursuant to Article 4b.(ii) of the Additional

			 Protocol in order to satisfy United States obligations under the Additional

			 Protocol when notice of two hours or less is required, the United States

			 Government may gain entry to such location in connection with complementary

			 access, to the extent such access is consistent with the Fourth Amendment to

			 the United States Constitution, without obtaining either a warrant or

			 consent.

					(b)Administrative

			 Search Warrants for Complementary Access

					(1)Obtaining

			 administrative search warrantsFor complementary access conducted in the

			 United States pursuant to the Additional Protocol, and for which the

			 acquisition of a warrant is required, the United States Government shall first

			 obtain an administrative search warrant from a judge of the United States. The

			 United States Government shall provide to such judge all appropriate

			 information regarding the basis for the selection of the facility, site, or

			 other location to which complementary access is sought.

					(2)Content of

			 affidavits for administrative search warrantsA judge of the United States shall promptly

			 issue an administrative search warrant authorizing the requested complementary

			 access upon an affidavit submitted by the United States Government—

						(A)stating that the Additional Protocol is in

			 force;

						(B)stating that the designated facility, site,

			 or other location is subject to complementary access under the Additional

			 Protocol;

						(C)stating that the purpose of the

			 complementary access is to verify the correctness and completeness of

			 information declared by the United States Government pursuant to Article 2 of

			 the Additional Protocol;

						(D)stating that the requested complementary

			 access is in accordance with Article 4 of the Additional Protocol;

						(E)containing assurances that the scope of the

			 IAEA’s complementary access, as well as what it may collect, shall be limited

			 to the access provided for in Article 6 of the Additional Protocol;

						(F)listing the items, documents, and areas to

			 be searched and seized;

						(G)stating the earliest commencement and the

			 anticipated duration of the complementary access period, as well as the

			 expected times of day during which such complementary access will take place;

			 and

						(H)stating that the location to which entry in

			 connection with complementary access is sought was selected either—

							(i)because there is probable cause, on the

			 basis of specific evidence, to believe that information required to be reported

			 regarding a location pursuant to regulations promulgated under this Act is

			 incorrect or incomplete, and that the location to be accessed contains evidence

			 regarding that violation; or

							(ii)pursuant to a reasonable general

			 administrative plan based upon specific neutral criteria.

							(3)Content of

			 warrantsA warrant issued

			 under paragraph (2) shall specify the same matters required of an affidavit

			 under that paragraph. In addition, each warrant shall contain the identities of

			 the representatives of the IAEA on the complementary access team and the

			 identities of the representatives or designees of the United States Government

			 required to display identifying credentials under section 202(c).

					204.Prohibited acts

			 relating to complementary accessIt shall be unlawful for any person

			 willfully to fail or refuse to permit, or to disrupt, delay, or otherwise

			 impede, a complementary access authorized by this Act or an entry in connection

			 with such access.

			IIICONFIDENTIALITY OF INFORMATION

			301.Protection of

			 confidentiality of informationInformation reported to, or otherwise

			 acquired by, the United States Government under this Act or under the

			 Additional Protocol shall be exempt from disclosure under sections 552 of title

			 5, United States Code.

			IVEnforcement

			401.Recordkeeping

			 violationsIt shall be

			 unlawful for any person willfully to fail or refuse—

				(1)to establish or maintain any record

			 required by any regulation prescribed under this Act;

				(2)to submit any report, notice, or other

			 information to the United States Government in accordance with any regulation

			 prescribed under this Act; or

				(3)to permit access to or copying of any

			 record by the United States Government in accordance with any regulation

			 prescribed under this Act.

				402.Penalties

				(a)Civil

					(1)Penalty

			 amountsAny person that is

			 determined, in accordance with paragraph (2), to have violated section 204 or

			 section 401 shall be required by order to pay a civil penalty in an amount not

			 to exceed $25,000 for each violation. For the purposes of this paragraph, each

			 day during which a violation of section 204 continues shall constitute a

			 separate violation of that section.

					(2)Notice and

			 hearing

						(A)In

			 generalBefore imposing a

			 penalty against a person under paragraph (1), the head of an executive agency

			 designated under section 101(a) shall provide the person with notice of the

			 order. If, within 15 days after receiving the notice, the person requests a

			 hearing, the head of the designated executive agency shall initiate a hearing

			 on the violation.

						(B)Conduct of

			 hearingAny hearing so

			 requested shall be conducted before an administrative judge. The hearing shall

			 be conducted in accordance with the requirements of section 554 of title 5,

			 United States Code. If no hearing is so requested, the order imposed by the

			 head of the designated agency shall constitute a final agency action.

						(C)Issuance of

			 ordersIf the administrative

			 judge determines, upon the preponderance of the evidence received, that a

			 person named in the complaint has violated section 204 or section 401, the

			 administrative judge shall state his findings of fact and conclusions of law,

			 and issue and serve on such person an order described in paragraph (1).

						(D)Factors for

			 determination of penalty amountsIn determining the amount of any civil

			 penalty, the administrative judge or the head of the designated agency shall

			 take into account the nature, circumstances, extent, and gravity of the

			 violation or violations and, with respect to the violator, the ability to pay,

			 effect on ability to continue to do business, any history of such violations,

			 the degree of culpability, the existence of an internal compliance program, and

			 such other matters as justice may require.

						(E)Content of

			 noticeFor the purposes of

			 this paragraph, notice shall be in writing and shall be verifiably served upon

			 the person or persons subject to an order described in paragraph (1). In

			 addition, the notice shall—

							(i)set forth the time, date, and specific

			 nature of the alleged violation or violations; and

							(ii)specify the administrative and judicial

			 remedies available to the person or persons subject to the order, including the

			 availability of a hearing and subsequent appeal.

							(3)Administrative

			 appellate reviewThe decision

			 and order of an administrative judge shall be the recommended decision and

			 order and shall be referred to the head of the designated executive agency for

			 final decision and order. If, within 60 days, the head of the designated

			 executive agency does not modify or vacate the decision and order, it shall

			 become a final agency action under this subsection.

					(4)Judicial

			 reviewA person adversely

			 affected by a final order may, within 30 days after the date the final order is

			 issued, file a petition in the Court of Appeals for the District of Columbia

			 Circuit or in the Court of Appeals for the district in which the violation

			 occurred.

					(5)Enforcement of

			 final orders

						(A)In

			 generalIf a person fails to

			 comply with a final order issued against such person under this subsection

			 and—

							(i)the person has not filed a petition for

			 judicial review of the order in accordance with paragraph (4), or

							(ii)a court in an action brought under

			 paragraph (4) has entered a final judgment in favor of the designated executive

			 agency,

							the head of the designated

			 executive agency shall commence a civil action to seek compliance with the

			 final order in any appropriate district court of the United States.(B)No

			 reviewIn any such civil

			 action, the validity and appropriateness of the final order shall not be

			 subject to review.

						(C)InterestPayment of penalties assessed in a final

			 order under this section shall include interest at currently prevailing rates

			 calculated from the date of expiration of the 60-day period referred to in

			 paragraph (3) or the date of such final order, as the case may be.

						(b)CriminalAny person who violates section 204 or

			 section 401 may, in addition to or in lieu of any civil penalty which may be

			 imposed under subsection (a) for such violation, be fined under title 18,

			 United States Code, imprisoned for not more than five years, or both.

				403.Specific

			 enforcement

				(a)JurisdictionThe district courts of the United States

			 shall have jurisdiction over civil actions brought by the head of an executive

			 agency designated under section 101(a)—

					(1)to restrain any conduct in violation of

			 section 204 or section 401; or

					(2)to compel the taking of any action required

			 by or under this Act or the Additional Protocol.

					(b)Civil

			 Actions

					(1)In

			 generalA civil action

			 described in subsection (a) may be brought—

						(A)in the case of a civil action described in

			 paragraph (1) of such subsection, in the United States district court for the

			 judicial district in which any act, omission, or transaction constituting a

			 violation of section 204 or section 401 occurred or in which the defendant is

			 found or transacts business; or

						(B)in the case of a civil action described in

			 paragraph (2) of such subsection, in the United States district court for the

			 judicial district in which the defendant is found or transacts business.

						(2)Service of

			 processIn any such civil

			 action, process shall be served on a defendant wherever the defendant may

			 reside or may be found.

					VENVIRONMENTAL SAMPLING

			501.Notification to

			 Congress of IAEA board approval of wide-area environmental sampling

				(a)In

			 GeneralNot later than 30

			 days after the date on which the Board of Governors of the IAEA approves

			 wide-area environmental sampling for use as a safeguards verification tool, the

			 President shall notify the appropriate congressional committees.

				(b)ContentThe notification under subsection (a) shall

			 contain—

					(1)a description of the specific methods and

			 sampling techniques approved by the Board of Governors that are to be employed

			 for purposes of wide-area sampling; and

					(2)a statement as to whether or not such

			 sampling may be conducted in the United States under the Additional

			 Protocol.

					502.Application of

			 national security exclusion to wide-area environmental samplingIn accordance with Article 1(b) of the

			 Additional Protocol, the United States shall not permit any wide-area

			 environmental sampling proposed by the IAEA to be conducted at a specified

			 location in the United States under Article 9 of the Additional Protocol unless

			 the President has determined and reported to the appropriate congressional

			 committees that—

				(1)the proposed use of wide-area environmental

			 sampling is necessary to increase the capability of the IAEA to detect

			 undeclared nuclear activities in the territory of a non-nuclear-weapon State

			 Party;

				(2)the proposed use of wide-area environmental

			 sampling will not result in access by the IAEA to locations, activities, or

			 information of direct national security significance; and

				(3)the United States—

					(A)has been provided sufficient opportunity

			 for consultation with the IAEA if the IAEA has requested complementary access

			 involving wide-area environmental sampling; or

					(B)has requested under Article 8 of the

			 Additional Protocol that the IAEA engage in complementary access in the United

			 States that involves the use of wide-area environmental sampling.

					503.Application of

			 national security exclusion to location-specific environmental

			 samplingIn accordance with

			 Article 1(b) of the Additional Protocol, the United States shall not permit any

			 location-specific environmental sampling in the United States under Article 5

			 of the Additional Protocol unless the President has determined and reported to

			 the appropriate congressional committees that—

				(1)the proposed use of location-specific

			 environmental sampling will not result in access by the IAEA to locations,

			 activities, or information of direct national security significance; and

				(2)with respect to the proposed use of

			 environmental sampling, the United States—

					(A)has been provided sufficient opportunity

			 for consultation with the IAEA if the IAEA has requested complementary access

			 involving location-specific environmental sampling; or

					(B)has requested under Article 8 of the

			 Additional Protocol that the IAEA engage in complementary access in the United

			 States that involves the use of location-specific environmental

			 sampling.

					VIAUTHORIZATION OF APPROPRIATIONS

			601.Authorization of

			 appropriationsThere are

			 authorized to be appropriated such sums as may be necessary to carry out this

			 Act.

		April 3, 2006

		Read twice and placed on the calendar


		V
		111th CONGRESS
		2d Session
		H. R. 6414
		IN THE HOUSE OF REPRESENTATIVES

			November 16, 2010
			Ms. Schakowsky
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Angela Stefanova
		  Boneva.

		1.Permanent resident status for
			 Angela Stefanova Boneva
			(a)In
			 GeneralNotwithstanding
			 subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Angela
			 Stefanova Boneva shall be eligible for issuance of an immigrant visa or for
			 adjustment of status to that of an alien lawfully admitted for permanent
			 residence upon filing an application for issuance of an immigrant visa under
			 section 204 of such Act or for adjustment of status to lawful permanent
			 resident.
			(b)Adjustment of
			 StatusIf Angela Stefanova
			 Boneva enters the United States before the filing deadline specified in
			 subsection (c), she shall be considered to have entered and remained lawfully
			 and shall, if otherwise eligible, be eligible for adjustment of status under
			 section 245 of the Immigration and Nationality
			 Act as of the date of the enactment of this Act.
			(c)Deadline for
			 Application and Payment of FeesSubsections (a) and (b) shall
			 apply only if the application for issuance of an immigrant visa or the
			 application for adjustment of status is filed with appropriate fees within 2
			 years after the date of the enactment of this Act.
			(d)Reduction of
			 Immigrant Visa NumberUpon
			 the granting of an immigrant visa or permanent residence to Angela Stefanova
			 Boneva, the Secretary of State shall instruct the proper officer to reduce by
			 1, during the current or next following fiscal year, the total number of
			 immigrant visas that are made available to natives of the country of the
			 alien’s birth under section 203(a) of the Immigration and Nationality Act or, if
			 applicable, the total number of immigrant visas that are made available to
			 natives of the country of the alien’s birth under section 202(e) of such
			 Act.
			(e)Denial of
			 Preferential Immigration Treatment for Certain RelativesThe natural parents, brothers, and sisters
			 of Angela Stefanova Boneva shall not, by virtue of such relationship, be
			 accorded any right, privilege, or status under the
			 Immigration and Nationality
			 Act.


116 S1496 IS: Empowering Students Through Enhanced Financial Counseling Act
U.S. Senate
2019-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1496IN THE SENATE OF THE UNITED STATESMay 15, 2019Mr. Warner (for himself, Mr. Gardner, Mr. Kaine, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the loan counseling requirements under the Higher Education Act of 1965, and for other
 purposes.1.Short titleThis Act may be cited as the Empowering Students Through Enhanced Financial Counseling Act.2.Annual counselingSection 485(l) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)) is amended to read as follows:(l)Annual financial aid counseling(1)Annual disclosure required(A)In generalEach eligible institution shall ensure that each individual who receives a Federal Pell Grant or a loan made under part D (other than a Federal Direct Consolidation Loan) receives comprehensive information on the terms and conditions of such Federal Pell Grant or loan and the responsibilities the individual has with respect to such Federal Pell Grant or loan. Such information shall be provided, for each award year for which the individual receives such Federal Pell Grant or loan, in a simple and understandable manner—(i)during a counseling session conducted in person;(ii)online, with the individual acknowledging receipt of the information; or(iii)through the use of the online counseling tool described in subsection (n)(1)(B).(B)Use of interactive programsIn the case of institutions not using the online counseling tool described in subsection (n)(1)(B), the Secretary shall require such institutions to carry out the requirements of subparagraph (A) through the use of interactive programs, during an annual counseling session that is in-person or online, that test the individual’s understanding of the terms and conditions of the Federal Pell Grant or loan awarded to the individual, using simple and understandable language and clear formatting.(2)All individualsThe information to be provided under paragraph (1)(A) to each individual receiving counseling under this subsection shall include the following:(A)An explanation of how the individual may budget for typical educational expenses and a sample budget based on the cost of attendance for the institution.(B)An explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)).(C)Based on the most recent data available from the American Community Survey available from the Department of Commerce, the estimated average income and percentage of employment in the State of domicile of the individual for persons with—(i)a high school diploma or equivalent;(ii)some postsecondary education without completion of a degree or certificate; and(iii)a bachelor’s degree.(D)An introduction to the financial management resources provided by the Financial Literacy and Education Commission.(3)Students receiving Federal Pell GrantsThe information to be provided under paragraph (1)(A) to each student receiving a Federal Pell Grant shall include the following:(A)An explanation of the terms and conditions of the Federal Pell Grant.(B)An explanation of approved educational expenses for which the student may use the Federal Pell Grant.(C)An explanation of why the student may have to repay the Federal Pell Grant.(D)An explanation of the maximum number of semesters or equivalent for which the student may be eligible to receive a Federal Pell Grant, and a statement of the amount of time remaining for which the student may be eligible to receive a Federal Pell Grant.(E)An explanation that if the student transfers to another institution not all of the student’s courses may be acceptable in transfer toward meeting specific degree or program requirements at such institution, but the amount of time remaining for which a student may be eligible to receive a Federal Pell Grant, as provided under subparagraph (D), will not change.(F)An explanation of how the student may seek additional financial assistance from the institution’s financial aid office due to a change in the student’s financial circumstances, and the contact information for such office.(4)Borrowers receiving loans made under part D (other than Parent PLUS Loans)The information to be provided under paragraph (1)(A) to a borrower of a loan made under part D (other than a Federal Direct PLUS Loan made on behalf of a dependent student) shall include the following:(A)To the extent practicable, the effect of accepting the loan to be disbursed on the eligibility of the borrower for other forms of student financial assistance.(B)An explanation of the use of the master promissory note.(C)An explanation that the borrower is not required to accept the full amount of the loan offered to the borrower.(D)An explanation that the borrower should consider accepting any grant, scholarship, or State or Federal work-study jobs for which the borrower is eligible prior to accepting Federal student loans.(E)A recommendation to the borrower to exhaust the borrower’s Federal student loan options prior to taking out private loans, an explanation that Federal student loans typically offer better terms and conditions than private loans, an explanation of treatment of loans made under part D and private education loans in bankruptcy, and an explanation that if a borrower decides to take out a private education loan—(i)the borrower has the ability to select a private educational lender of the borrower’s choice;(ii)the proposed private education loan may impact the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title; and(iii)the borrower has a right—(I)to accept the terms of the private education loan within 30 calendar days following the date on which the application for such loan is approved and the borrower receives the required disclosure documents, pursuant to section 128(e)(6) of the Truth in Lending Act (15 U.S.C. 1638(e)(6)); and(II)to cancel such loan within 3 business days of the date on which the loan is consummated, pursuant to section 128(e)(7) of such Act.(F)An explanation of the approved educational expenses for which the borrower may use a loan made under part D.(G)Information on the annual and aggregate loan limits for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans.(H)Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.(I)In the case of a Federal Direct PLUS Loan or a Federal Direct Unsubsidized Stafford Loan, the option of the borrower to pay the interest while the borrower is in school.(J)The definition of half-time enrollment at the institution, during regular terms and summer school, if applicable, and the consequences of not maintaining at least half-time enrollment.(K)An explanation of the importance of contacting the appropriate offices at the institution of higher education if the borrower withdraws prior to completing the borrower's program of study so that the institution can provide exit counseling, including information regarding the borrower's repayment options and loan consolidation.(L)For a first-time borrower—(i)a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection;(ii)based on such anticipated balance, the anticipated monthly payment amount under, at minimum—(I)the standard repayment plan; and(II)an income-based repayment plan under section 493C, as determined using regionally available data from the Bureau of Labor Statistics of the average starting salary for the occupation in which the borrower has an interest in or intends to be employed; and(iii)an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on the average cumulative indebtedness at graduation for borrowers of loans made under part D who are in the same program of study as the borrower.(M)For a borrower with an outstanding balance of principal or interest due on a loan made under this title—(i)a current statement of the amount of such outstanding balance and interest accrued;(ii)based on such outstanding balance, the anticipated monthly payment amount under, at minimum, the standard repayment plan and, using regionally available data from the Bureau of Labor Statistics of the average starting salary for the occupation the borrower intends to be employed, an income-based repayment plan under section 493C; and(iii)an estimate of the projected monthly payment amount under each repayment plan described in clause (ii), based on—(I)the outstanding balance described in clause (i);(II)the anticipated outstanding balance on the loan for which the student is receiving counseling under this subsection; and(III)a projection for any other loans made under part D that the borrower is reasonably expected to accept during the borrower’s program of study based on at least the expected increase in the cost of attendance of such program.(N)The obligation of the borrower to repay the full amount of the loan, regardless of whether the borrower completes or does not complete the program in which the borrower is enrolled within the regular time for program completion.(O)The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation, and a notice of the institution’s most recent cohort default rate (defined in section 435(m)), an explanation of the cohort default rate, the most recent national average cohort default rate, and the most recent national average cohort default rate for the category of institution described in section 435(m)(4) to which the institution belongs.(P)Information on the National Student Loan Data System and how the borrower can access the borrower's records.(Q)The contact information for the institution’s financial aid office or other appropriate office at the institution the borrower may contact if the borrower has any questions about the borrower's rights and responsibilities or the terms and conditions of the loan.(5)Borrowers receiving Parent PLUS Loans for dependent studentsThe information to be provided under paragraph (1)(A) to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student shall include the following:(A)The information described in subparagraphs (A) through (C) and (N) through (Q) of paragraph (4).(B)The option of the borrower to pay the interest on the loan while the loan is in deferment.(C)For a first-time borrower of such loan—(i)a statement of the anticipated balance on the loan for which the borrower is receiving counseling under this subsection;(ii)based on such anticipated balance, the anticipated monthly payment amount under the standard repayment plan; and(iii)an estimate of the projected monthly payment amount under the standard repayment plan, based on the average cumulative indebtedness of other borrowers of Federal Direct PLUS Loans made on behalf of dependent students who are in the same program of study as the student on whose behalf the borrower borrowed the loan.(D)For a borrower with an outstanding balance of principal or interest due on such loan—(i)a statement of the amount of such outstanding balance;(ii)based on such outstanding balance, the anticipated monthly payment amount under the standard repayment plan; and(iii)an estimate of the projected monthly payment amount under the standard repayment plan, based on—(I)the outstanding balance described in clause (i);(II)the anticipated outstanding balance on the loan for which the borrower is receiving counseling under this subsection; and(III)a projection for any other Federal Direct PLUS Loan made on behalf of the dependent student that the borrower is reasonably expected to accept during the program of study of such student based on at least the expected increase in the cost of attendance of such program.(E)Debt management strategies that are designed to facilitate the repayment of such indebtedness.(F)An explanation that the borrower has the options to prepay each loan, pay each loan on a shorter schedule, and change repayment plans.(G)For each Federal Direct PLUS Loan made on behalf of a dependent student for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s website.(6)Annual loan acceptancePrior to making the first disbursement of a loan made under part D (other than a Federal Direct Consolidation Loan) to a borrower for an award year, an eligible institution, shall, as part of carrying out the counseling requirements of this subsection for the loan, ensure that after receiving the applicable counseling under paragraphs (2), (4), and (5) for the loan the borrower accepts the loan for such award year by—(A)signing the master promissory note for the loan;(B)signing and returning to the institution a separate written statement that affirmatively states that the borrower accepts the loan; or(C)electronically signing an electronic version of the statement described in subparagraph (B)..3.Exit CounselingSection 485(b) of the Higher Education Act of 1965 (20 U.S.C. 1092(b)) is amended—(1)in paragraph (1)(A)—(A)in the matter preceding clause (i), by striking through financial aid offices or otherwise and inserting through the use of an interactive program, during an exit counseling session that is in-person or online, or through the use of the online counseling tool described in subsection (n)(1)(A);(B)by redesignating clauses (i) through (ix) as clauses (iv) through (xii), respectively;(C)by inserting before clause (iv), as redesignated by subparagraph (B), the following:(i)a summary of the outstanding balance of principal and interest due on the loans made to the borrower under part B, D, or E;(ii)an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment;(iii)an explanation that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of deferment or forbearance, prior to the capitalization of the interest;;(D)in clause (iv), as redesignated by subparagraph (B)—(i)by striking sample information showing the average and inserting information, based on the borrower’s outstanding balance described in clause (i), showing the borrower’s; and(ii)by striking of each plan and inserting of at least the standard repayment plan and the income-based repayment plan under section 493C;(E)in clause (ix), as redesignated by subparagraph (B)—(i)by inserting decreased credit score, after credit reports,; and(ii)by inserting reduced ability to rent or purchase a home or car, potential difficulty in securing employment, after Federal law,;(F)in clause (x), as redesignated by subparagraph (B), by striking consolidation loan under section 428C or a;(G)in clauses (xi) and (xii), as redesignated by subparagraph (B), by striking and after the semicolon; and(H)by adding at the end the following:(xiii)for each of the borrower’s loans made under part B, D, or E for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s website; and(xiv)an explanation that an individual has a right to annually request a disclosure of information collected by a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)).;(2)in paragraph (1)(B)—(A)by inserting online or before in writing; and(B)by adding before the period at the end the following: , except that in the case of an institution using the online counseling tool described in subsection (n)(1)(A), the Secretary shall attempt to provide such information to the student in the manner described in subsection (n)(3)(C); and(3)in paragraph (2)(C), by inserting , such as the online counseling tool described in subsection (n)(1)(A), after electronic means.4.Online counseling toolsSection 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:(n)Online counseling tools(1)In generalBeginning not later than 1 year after the date of enactment of the Empowering Students Through Enhanced Financial Counseling Act, the Secretary shall maintain—(A)an online counseling tool that provides the exit counseling required under subsection (b) and meets the applicable requirements of this subsection; and(B)an online counseling tool that provides the annual counseling required under subsection (l) and meets the applicable requirements of this subsection.(2)Requirements of toolsIn maintaining the online counseling tools described in paragraph (1), the Secretary shall ensure that each such tool is—(A)consumer tested, in consultation with other relevant Federal agencies, to ensure that the tool is effective in helping individuals understand their rights and obligations with respect to borrowing a loan made under part D or receiving a Federal Pell Grant;(B)understandable to students receiving Federal Pell Grants and borrowers of loans made under part D; and(C)freely available to all eligible institutions.(3)Record of counseling completionThe Secretary shall—(A)use each online counseling tool described in paragraph (1) to keep a record of which individuals have received counseling using the tool, and notify the applicable institutions of the individual’s completion of such counseling;(B)in the case of a borrower who receives annual counseling for a loan made under part D using the tool described in paragraph (1)(B), notify the borrower by when the borrower should accept, in a manner described in section 485(l)(6), the loan for which the borrower has received such counseling; and(C)in the case of a borrower described in subsection (b)(1)(B) at an institution that uses the online counseling tool described in paragraph (1)(A) of this subsection, the Secretary shall attempt to provide the information described in subsection (b)(1)(A) to the borrower through such tool..5.Longitudinal study on the effectiveness of student loan counseling(a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall begin conducting a rigorous, longitudinal study of the impact and effectiveness of the student loan counseling—(1)provided under subsections (b), (l), and (n) of section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092), as amended by this Act; and(2)provided through such other means as the Secretary of Education may determine.(b)Contents(1)Borrower informationThe longitudinal study carried out under subsection (a) shall include borrower information, in the aggregate and disaggregated by race, ethnicity, gender, income, and status as an individual with a disability, on—(A)student persistence;(B)degree attainment;(C)program completion;(D)successful entry into student loan repayment;(E)cumulative borrowing levels; and(F)such other factors as the Secretary of Education may determine.(2)ExceptionThe disaggregation under paragraph (1) shall not be required in a case in which the number of borrowers in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual borrower.(c)Interim ReportsNot later than 18 months after the commencement of the study under subsection (a), and annually thereafter, the Secretary of Education shall evaluate the progress of the study and report any short-term findings to the appropriate committees of Congress.6.Availability of funds(a)Use of existing fundsOf the amount authorized to be appropriated for maintaining the Department of Education’s Financial Awareness Counseling Tool, $2,000,000 shall be available to carry out this Act and the amendments made by this Act.(b)No additional funds authorizedNo funds are authorized to be appropriated by this Act to carry out this Act or the amendments made by this Act.