IV
111th CONGRESS
1st Session
H. RES. 896
In the House of Representatives, U. S.,

November 6, 2009

RESOLUTION
Providing for the concurrence by the House in the Senate amendment to H.R. 1299, with an amendment.

That upon the adoption of this resolution the bill (H.R. 1299) entitled An Act to make technical corrections to the laws affecting certain administrative authorities of the United States Capitol Police, and for other purposes., with the Senate amendment thereto, shall be considered to have been taken from the Speaker’s table to the end that the Senate amendment thereto be, and the same is hereby, agreed to with the following amendment:
In lieu of the matter proposed to be inserted by the amendment of the Senate, insert the following:
1.Short TitleThis Act may be cited as the United States Capitol Police Administrative Technical Corrections Act of 2009.
2.Administrative Authorities of the Chief of the Capitol Police
(a)Clarification of Certain Hiring Authorities
(1)Chief Administrative OfficerSection 108(a) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a)) is amended to read as follows:

(a)Chief Administrative Officer
(1)EstablishmentThere shall be within the United States Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police.
(2)AppointmentThe Chief Administrative Officer shall be appointed by the Chief of the United States Capitol Police, after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
(3)CompensationThe annual rate of pay for the Chief Administrative Officer shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police..
(2)Administrative provisionsSection 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking subsection (c).
(3)Certifying officersSection 107 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended—
(A)in subsection (a), by striking the Capitol Police Board and inserting the Chief of the Capitol Police; and
(B)in subsection (b)(1), by striking the Capitol Police Board and inserting the Chief of the Capitol Police.
(4)Personnel Actions of the Chief of the Capitol Police
(A)In generalSection 1018(e) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is amended by striking paragraph (1) and inserting the following:

(1)Authority
(A)In generalThe Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, suspend with or without pay, discipline, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations.
(B)Special rule for terminationsThe Chief may terminate an officer, member, or employee only after the Chief has provided notice of the termination to the Capitol Police Board (in such manner as the Board may from time to time require) and the Board has approved the termination, except that if the Board has not disapproved the termination prior to the expiration of the 30-day period which begins on the date the Board receives the notice, the Board shall be deemed to have approved the termination.
(C)Notice or approvalThe Chief of the Capitol Police shall provide notice or receive approval, as required by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, as each Committee determines appropriate for—
(i)the exercise of any authority under subparagraph (A); or
(ii)the establishment of any new position for officers, members, or employees of the Capitol Police, for reclassification of existing positions, for reorganization plans, or for hiring, termination, or promotion for officers, members, or employees of the Capitol Police..
(B)Technical and conforming amendments
(i)Suspension authoritySection 1823 of the Revised Statutes of the United States (2 U.S.C. 1928) is repealed.
(ii)Pay of members under suspensionThe proviso in the Act of Mar. 3, 1875 (ch. 129; 18 Stat. 345), popularly known as the Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876, which is codified at section 1929 of title 2, United States Code (2000 Editions, Supp. V), is repealed.
(5)Conforming application of Congressional Accountability Act of 1995
(A)In generalSection 101(9)(D) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(9)(D)) is amended by striking the Capitol Police Board, and inserting the United States Capitol Police,.
(B)No effect on current proceedingsNothing in the amendment made by subparagraph (A) may be construed to affect any procedure initiated under title IV of the Congressional Accountability Act of 1995 prior to the date of the enactment of this Act.
(6)No effect on current personnelNothing in the amendments made by this subsection may be construed to affect the status of any individual serving as an officer or employee of the United States Capitol Police as of the date of the enactment of this Act.
(b)Deposit of Reimbursements for Law Enforcement Assistance
(1)In generalSection 2802 of the Supplemental Appropriations Act, 2001 (2 U.S.C. 1905) is amended—
(A)in subsection (a)(1), by striking Capitol Police Board each place it appears and inserting United States Capitol Police; and
(B)in subsection (a)(2), by striking Capitol Police Board and inserting Chief of the United States Capitol Police.
(2)Effective dateThe amendments made by paragraph (1) shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2001.
(c)Prior Notice To Authorizing Committees of Deployment Outside JurisdictionSection 1007(a)(1) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking prior notification to and inserting the following: prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and.
(d)Advance payments for subscription services
(1)In generalSection 1002 of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161; 2 U.S.C. 1981) is amended by inserting the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate after the Senate,.
(2)Effective date and applicationThe amendment made by this subsection shall take effect 30 days after the date of enactment of this Act and apply to payments made on or after that effective date.
3.General Counsel to the Chief of Police and the United States Capitol Police
(a)Appointment and Service
(1)In generalThere shall be within the United States Capitol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the General Counsel), who shall report to and serve at the pleasure of the Chief of the United States Capitol Police.
(2)AppointmentThe General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1018(e)(1) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)(1)) (as amended by section 2(a)(4)), after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
(3)Compensation
(A)In generalSubject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police.
(B)LimitationThe annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.
(4)Technical and conforming amendmentHouse Resolution 661, Ninety-fifth Congress, agreed to July 29, 1977, as enacted into permanent law by section 111 of the Legislative Branch Appropriation Act, 1979 (2 U.S.C. 1901 note) is repealed.
(5)No effect on current General CounselNothing in this subsection or the amendments made by this subsection may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of the date of the enactment of this Act.
(b)Legal Representation Authority
(1)In generalSection 1002(a)(2)(A) of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by striking the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police and inserting the General Counsel to the Chief of Police and the United States Capitol Police.
(2)No effect on current proceedingsNothing in the amendment made by paragraph (1) may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act.
4.Employment Counsel to the Chief of Police and the United States Capitol Police
(a)Legal Representation Authority
(1)In generalSection 1002(a)(2)(B) of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is amended by striking the Employment Counsel for the United States Capitol Police Board and the United States Capitol Police and inserting the Employment Counsel to the Chief of Police and the United States Capitol Police.
(2)No effect on current proceedingsNothing in the amendment made by paragraph (1) may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act.
(b)No effect on current Employment CounselNothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the Employment Counsel to the Chief of Police and the United States Capitol Police as of the date of the enactment of this Act.
5.Clarification of Authorities Regarding Certain Personnel Benefits
(a)No Lump-Sum Payment Permitted for Unused Compensatory Time
(1)In generalNo officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 203(c)(4) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(c)(4)).
(2)Repeal of related obsolete provisions
(A)Overtime pay disbursed by HouseSection 3 of House Resolution 449, Ninety-second Congress, agreed to June 2, 1971, as enacted into permanent law by chapter IV of the Supplemental Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C. 1924), together with any other provision of law which relates to compensatory time for the Capitol Police which is codified at section 1924 of title 2, United States Code (2000 Editions, Supp. V), is repealed.
(B)Overtime pay disbursed by SenateThe last full paragraph under the heading Administrative Provisions in the appropriation for the Senate in the Legislative Branch Appropriations Act, 1972 (85 Stat. 130) (2 U.S.C. 1925) is repealed.
(b)Overtime Compensation for Officers and Employees Exempt from Fair Labor Standards Act of 1938
(1)Criteria under which compensation permittedThe Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after the date of the enactment of this Act, in the form of additional pay or compensatory time off, only if—
(A)the overtime work is carried out in connection with special circumstances, as determined by the Chief;
(B)the Chief has established a monetary value for the overtime work performed by such individual; and
(C)the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board.
(2)Exempt individuals definedIn this subsection, an exempt individual is an officer or employee of the United States Capitol Police—
(A)who is classified under regulations issued pursuant to section 203 of the Congressional Accountability Act of 1995 (2 U.S.C. 1313) as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)); or
(B)whose annual rate of pay is not established specifically under any law.
(3)Conforming amendment
(A)In generalSection 1009 of the Legislative Branch Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 359) is repealed.
(B)Effective dateThe amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to the date of the enactment of this Act.
6.Other Miscellaneous Technical Corrections
(a)Repeal of Obsolete Procedures for Initial Appointment of Chief Administrative OfficerSection 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking subsections (d) through (g).
(b)Repeal of Requirement that Officers Purchase Own UniformsSection 1825 of the Revised Statutes of the United States (2 U.S.C. 1943) is repealed.
(c)Repeal of References to Officers and Privates in Authorities Relating to House and Senate Office Buildings
(1)House office buildingsThe item relating to House of Representatives Office Building in the Act entitled An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes, approved March 4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking other than officers and privates of the Capitol police each place it appears and inserting other than the United States Capitol Police.
(2)Senate office buildingsThe item relating to Senate Office Building in the Legislative Branch Appropriation Act, 1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by striking other than for officers and privates of the Capitol Police each place it appears and inserting other than for the United States Capitol Police.
(d)Clarification of Applicability of U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007
(1)Repeal of duplicate provisionsEffective as if included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such Act is repealed, and any provision of law amended or repealed by such section is restored or revived to read as if such section had not been enacted into law.
(2)No effect on other ActNothing in paragraph (1) may be construed to prevent the enactment or implementation of any provision of the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007 (Public Law 110–178), including any provision of such Act that amends or repeals a provision of law which is restored or revived pursuant to paragraph (1).
(e)Authority of Chief of Police
(1)Repeal of certain provisions codified in title 2, United States CodeThe provisions appearing in the first paragraph under the heading Capitol Police in the Act of April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions appearing in the first paragraph under the heading Capitol Police in title I of the Legislative and Judiciary Appropriation Act, 1944 (ch. 173; 57 Stat. 230), insofar as all of those provisions are related to the sentence The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives., which appears in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed.
(2)Restoration of repealed provisionSection 1018(h)(1) of the Legislative Branch Appropriations Act, 2003 (Public Law 108–7, div. H, title I, 117 Stat. 368) is repealed, and the sentence The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board., which was repealed by such section, is restored to appear at the end of section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901).
(3)Conforming amendmentThe first sentence of section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901) is amended by striking , the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension.
(4)Effective dateThe amendments made by this subsection shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003.
7.Treatment of Capitol Police employees as congressional employees
(a)Definition of congressional employeeSection 2107(4) of title 5, United States Code, is amended by inserting or employee after member.
(b)Dual pay and dual employment
(1)Definition of agency in the legislative branchSection 5531(4) of title 5, United States Code, is amended by striking and the Congressional Budget Office and inserting the Congressional Budget Office, and the United States Capitol Police.
(2)Dual paySection 5533 of title 5, United States Code, is amended—
(A)in subsection (c)—
(i)in paragraph (1), by striking or the Chief Administrative Officer of the House of Representatives and inserting , the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police; and
(ii)in paragraph (2), by inserting or the Chief of the Capitol Police after House of Representatives; and
(B)in subsection (d)(5)(A), by striking or the Chief Administrative Officer of the House of Representatives and inserting , the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police.
(c)Fees for jury and witness service
(1)Crediting amounts receivedSection 5515 of title 5, United States Code, is amended by striking or the Chief Administrative Officer of the House of Representatives and inserting , the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police.
(2)Fees for serviceSection 5537(a) of title 5, United States Code, is amended by striking or the Chief Administrative Officer of the House of Representatives and inserting , the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police.
(d)Effective dateThe amendments made by this section shall take effect as though enacted as part of section 1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907).
8.Law enforcement authority of Sergeant-at-Arms and Doorkeeper of the Senate
(a)In generalThe Sergeant-at-Arms and Doorkeeper of the Senate shall have the same law enforcement authority, including the authority to carry firearms, as a member of the Capitol Police. The law enforcement authority under the preceding sentence shall be subject to the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate have the qualifications specified in subsection (b).
(b)QualificationsThe qualifications referred to in subsection (a) are the following:
(1)A minimum of 5 years of experience as a law enforcement officer before beginning service as the Sergeant-at-Arms and Doorkeeper of the Senate.
(2)Current certification in the use of firearms by the appropriate Federal law enforcement entity or an equivalent non-Federal entity.
(3)Any other firearms qualification required for members of the Capitol Police.
(c)RegulationsThe Committee on Rules and Administration of the Senate shall have authority to prescribe regulations to carry out this section.
9.Travel Promotion Act of 2009
(a)Short titleThis section may be cited as the Travel Promotion Act of 2009.
(b)The corporation for travel promotion
(1)EstablishmentThe Corporation for Travel Promotion is established as a nonprofit corporation. The Corporation shall not be an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–1001 et seq.), to the extent that such provisions are consistent with this subsection, and shall have the powers conferred upon a nonprofit corporation by that Act to carry out its purposes and activities.
(2)Board of Directors
(A)In generalThe Corporation shall have a board of directors of 11 members with knowledge of international travel promotion and marketing, broadly representing various regions of the United States, who are United States citizens. Members of the board shall be appointed by the Secretary of Commerce (after consultation with the Secretary of Homeland Security and the Secretary of State), as follows:
(i)1 shall have appropriate expertise and experience in the hotel accommodations sector;
(ii)1 shall have appropriate expertise and experience in the restaurant sector;
(iii)1 shall have appropriate expertise and experience in the small business or retail sector or in associations representing that sector;
(iv)1 shall have appropriate expertise and experience in the travel distribution services sector;
(v)1 shall have appropriate expertise and experience in the attractions or recreations sector;
(vi)1 shall have appropriate expertise and experience as officials of a city convention and visitors’ bureau;
(vii)2 shall have appropriate expertise and experience as officials of a State tourism office;
(viii)1 shall have appropriate expertise and experience in the passenger air sector;
(ix)1 shall have appropriate expertise and experience in immigration law and policy, including visa requirements and United States entry procedures; and
(x)1 shall have appropriate expertise in the intercity passenger railroad business.
(B)IncorporationThe members of the initial board of directors shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–301.01 et seq.).
(C)Term of officeThe term of office of each member of the board appointed by the Secretary shall be 3 years, except that, of the members first appointed—
(i)3 shall be appointed for terms of 1 year;
(ii)4 shall be appointed for terms of 2 years; and
(iii)4 shall be appointed for terms of 3 years.
(D)Removal for causeThe Secretary of Commerce may remove any member of the board for good cause.
(E)VacanciesAny vacancy in the board shall not affect its power, but shall be filled in the manner required by this subsection. Any member whose term has expired may serve until the member’s successor has taken office, or until the end of the calendar year in which the member’s term has expired, whichever is earlier. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which that member’s predecessor was appointed shall be appointed for the remainder of the predecessor’s term. No member of the board shall be eligible to serve more than 2 consecutive full 3-year terms.
(F)Election of chairman and vice chairmanMembers of the board shall annually elect one of the members to be Chairman and elect 1 or 2 of the members as Vice Chairman or Vice Chairmen.
(G)Status as federal employeesNotwithstanding any provision of law to the contrary, no member of the board may be considered to be a Federal employee of the United States by virtue of his or her service as a member of the board.
(H)Compensation; expensesNo member shall receive any compensation from the Federal government for serving on the Board. Each member of the Board shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.
(3)Officers and Employees
(A)In generalThe Corporation shall have an executive director and such other officers as may be named and appointed by the board for terms and at rates of compensation fixed by the board. No individual other than a citizen of the United States may be an officer of the Corporation. The Corporation may hire and fix the compensation of such employees as may be necessary to carry out its purposes. No officer or employee of the Corporation may receive any salary or other compensation (except for compensation for services on boards of directors of other organizations that do not receive funds from the Corporation, on committees of such boards, and in similar activities for such organizations) from any sources other than the Corporation for services rendered during the period of his or her employment by the Corporation. Service by any officer on boards of directors of other organizations, on committees of such boards, and in similar activities for such organizations shall be subject to annual advance approval by the board and subject to the provisions of the Corporation’s Statement of Ethical Conduct. All officers and employees shall serve at the pleasure of the board.
(B)Nonpolitical nature of appointmentNo political test or qualification shall be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, or employees of the Corporation.
(4)Nonprofit and Nonpolitical Nature of Corporation
(A)StockThe Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends.
(B)ProfitNo part of the income or assets of the Corporation shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services.
(C)PoliticsThe Corporation may not contribute to or otherwise support any political party or candidate for elective public office.
(D)Sense of congress regarding lobbying activitiesIt is the sense of Congress that the Corporation should not engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (5 U.S.C. 1602(7)).
(5)Duties and Powers
(A)In generalThe Corporation shall develop and execute a plan—
(i)to provide useful information to foreign tourists, business people, students, scholars, scientists, and others interested in traveling to the United States, including the distribution of material provided by the Federal government concerning entry requirements, required documentation, fees, processes, and information concerning declared public health emergencies, to prospective travelers, travel agents, tour operators, meeting planners, foreign governments, travel media and other international stakeholders;
(ii)to identify, counter, and correct misperceptions regarding United States entry policies around the world;
(iii)to maximize the economic and diplomatic benefits of travel to the United States by promoting the United States of America to world travelers through the use of, but not limited to, all forms of advertising, outreach to trade shows, and other appropriate promotional activities;
(iv)to ensure that international travel benefits all States and the District of Columbia and to identify opportunities and strategies to promote tourism to rural and urban areas equally, including areas not traditionally visited by international travelers; and
(v)to give priority to the Corporation’s efforts with respect to countries and populations most likely to travel to the United States.
(B)Specific powersIn order to carry out the purposes of this subsection, the Corporation may—
(i)obtain grants from and make contracts with individuals and private companies, State, and Federal agencies, organizations, and institutions;
(ii)hire or accept the voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out its purposes; and
(iii)take such other actions as may be necessary to accomplish the purposes set forth in this subsection.
(C)Public outreach and informationThe Corporation shall develop and maintain a publicly accessible website.
(6)Open MeetingsMeetings of the board of directors of the Corporation, including any committee of the board, shall be open to the public. The board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the Corporation, including pending or potential litigation.
(7)Major CampaignsThe board may not authorize the Corporation to obligate or expend more than $25,000,000 on any advertising campaign, promotion, or related effort unless—
(A)the obligation or expenditure is approved by an affirmative vote of at least 2/3 of the members of the board present at the meeting;
(B)at least 6 members of the board are present at the meeting at which it is approved; and
(C)each member of the board has been given at least 3 days advance notice of the meeting at which the vote is to be taken and the matters to be voted upon at that meeting.
(8)Fiscal Accountability
(A)Fiscal yearThe Corporation shall establish as its fiscal year the 12-month period beginning on October 1.
(B)BudgetThe Corporation shall adopt a budget for each fiscal year.
(C)Annual auditsThe Corporation shall engage an independent accounting firm to conduct an annual financial audit of the Corporation’s operations and shall publish the results of the audit. The Comptroller General of the United States may review any audit of a financial statement conducted under this paragraph by an independent accounting firm and may audit the Corporation’s operations at the discretion of the Comptroller General. The Comptroller General and the Congress shall have full and complete access to the books and records of the Corporation.
(D)Program auditsNot later than 2 years after the date of enactment of this section, the Comptroller General shall conduct a review of the programmatic activities of the Corporation for Travel Promotion. This report shall be provided to appropriate congressional committees.
(c)Accountability measures
(1)ObjectivesThe Board shall establish annual objectives for the Corporation for each fiscal year subject to approval by the Secretary of Commerce (after consultation with the Secretary of Homeland Security and the Secretary of State). The Corporation shall establish a marketing plan for each fiscal year not less than 60 days before the beginning of that year and provide a copy of the plan, and any revisions thereof, to the Secretary.
(2)BudgetThe board shall transmit a copy of the Corporation’s budget for the forthcoming fiscal year to the Secretary not less than 60 days before the beginning of each fiscal year, together with an explanation of any expenditure provided for by the budget in excess of $5,000,000 for the fiscal year. The Corporation shall make a copy of the budget and the explanation available to the public and shall provide public access to the budget and explanation on the Corporation’s website.
(3)Annual Report to CongressThe Corporation shall submit an annual report for the preceding fiscal year to the Secretary of Commerce for transmittal to the Congress on or before the 15th day of May of each year. The report shall include—
(A)a comprehensive and detailed report of the Corporation’s operations, activities, financial condition, and accomplishments under this section;
(B)a comprehensive and detailed inventory of amounts obligated or expended by the Corporation during the preceding fiscal year;
(C)a detailed description of each in-kind contribution, its fair market value, the individual or organization responsible for contributing, its specific use, and a justification for its use within the context of the Corporation’s mission;
(D)an objective and quantifiable measurement of its progress, on an objective-by-objective basis, in meeting the objectives established by the board;
(E)an explanation of the reason for any failure to achieve an objective established by the board and any revisions or alterations to the Corporation’s objectives under paragraph (1);
(F)a comprehensive and detailed report of the Corporation’s operations and activities to promote tourism in rural and urban areas; and
(G)such recommendations as the Corporation deems appropriate.
(4)Limitation on Use of FundsAmounts deposited in the Fund may not be used for any purpose inconsistent with carrying out the objectives, budget, and report described in this subsection.
(d)Matching public and private funding
(1)Establishment of Travel Promotion FundThere is hereby established in the Treasury a fund which shall be known as the Travel Promotion Fund.
(2)Funding
(A)Start-up expensesFor fiscal year 2010, the Secretary of the Treasury shall make available to the Corporation such sums as may be necessary, but not to exceed $10,000,000, from amounts deposited in the general fund of the Treasury from fees under section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) to cover the Corporation’s initial expenses and activities under this section. Transfers shall be made at least quarterly, beginning on January 1, 2010, on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess or less than the amounts required to be transferred.
(B)Subsequent yearsFor each of fiscal years 2011 through 2014, from amounts deposited in the general fund of the Treasury during the preceding fiscal year from fees under section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(B)(i)(I)), the Secretary of the Treasury shall transfer not more than $100,000,000 to the Fund, which shall be made available to the Corporation, subject to paragraph (3) of this subsection, to carry out its functions under this section. Transfers shall be made at least quarterly on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess or less than the amounts required to be transferred.
(3)Matching Requirement
(A)In generalNo amounts may be made available to the Corporation under this subsection after fiscal year 2010, except to the extent that—
(i)for fiscal year 2011, the Corporation provides matching amounts from non-Federal sources equal in the aggregate to 50 percent or more of the amount transferred to the Fund under paragraph (2); and
(ii)for any fiscal year after fiscal year 2011, the Corporation provides matching amounts from non-Federal sources equal in the aggregate to 100 percent of the amount transferred to the Fund under paragraph (2) for the fiscal year.
(B)Goods and servicesFor the purpose of determining the amount received from non-Federal sources by the Corporation, other than money—
(i)the fair market value of goods and services (including advertising) contributed to the Corporation for use under this section may be included in the determination; but
(ii)the fair market value of such goods and services may not account for more than 80 percent of the matching requirement under subparagraph (A) for the Corporation in any fiscal year.
(C)Right of refusalThe Corporation may decline to accept any contribution in-kind that it determines to be inappropriate, not useful, or commercially worthless.
(D)LimitationThe Corporation may not obligate or expend funds in excess of the total amount received by the Corporation for a fiscal year from Federal and non-Federal sources.
(4)Carryforward
(A)Federal fundsAmounts transferred to the Fund under paragraph (2)(B) shall remain available until expended.
(B)Matching fundsAny amount received by the Corporation from non-Federal sources in fiscal year 2010, 2011, 2012, 2013, or 2014 that cannot be used to meet the matching requirement under paragraph (3)(A) for the fiscal year in which amount was collected may be carried forward and treated as having been received in the succeeding fiscal year for purposes of meeting the matching requirement of paragraph (3)(A) in such succeeding fiscal year.
(e)Travel promotion fund feesSection 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended to read as follows:

(B)Fees
(i)In generalNo later than 6 months after the date of enactment of the Travel Promotion Act of 2009, the Secretary of Homeland Security shall establish a fee for the use of the System and begin assessment and collection of that fee. The initial fee shall be the sum of—
(I)$10 per travel authorization; and
(II)an amount that will at least ensure recovery of the full costs of providing and administering the System, as determined by the Secretary.
(ii)Disposition of amounts collectedAmounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established by subsection (d) of section 11 of the Travel Promotion Act of 2009. Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System.
(iii)Sunset of travel promotion fund feeThe Secretary may not collect the fee authorized by clause (i)(I) for fiscal years beginning after September 30, 2014..
(f)Assessment authority
(1)In GeneralExcept as otherwise provided in this subsection, the Corporation may impose an annual assessment on United States members of the international travel and tourism industry (other than those described in subsection (b)(2)(A)(iii) or (H)) represented on the Board in proportion to their share of the aggregate international travel and tourism revenue of the industry. The Corporation shall be responsible for verifying, implementing, and collecting the assessment authorized by this subsection.
(2)Initial Assessment LimitedThe Corporation may establish the initial assessment after the date of enactment of this section at no greater, in the aggregate, than $20,000,000.
(3)Referenda
(A)In generalThe Corporation may not impose an annual assessment unless—
(i)the Corporation submits the proposed annual assessment to members of the industry in a referendum; and
(ii)the assessment is approved by a majority of those voting in the referendum.
(B)Procedural requirementsIn conducting a referendum under this paragraph, the Corporation shall—
(i)provide written or electronic notice not less than 60 days before the date of the referendum;
(ii)describe the proposed assessment or increase and explain the reasons for the referendum in the notice; and
(iii)determine the results of the referendum on the basis of weighted voting apportioned according to each business entity’s relative share of the aggregate annual United States international travel and tourism revenue for the industry per business entity, treating all related entities as a single entity.
(4)Collection
(A)In generalThe Corporation shall establish a means of collecting the assessment that it finds to be efficient and effective. The Corporation may establish a late payment charge and rate of interest to be imposed on any person who fails to remit or pay to the Corporation any amount assessed by the Corporation under this section.
(B)EnforcementThe Corporation may bring suit in Federal court to compel compliance with an assessment levied by the Corporation under this section.
(5)Investment of FundsPending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
(g)Office of travel promotionTitle II of the International Travel Act of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting after section 201 the following:

202.Office of travel promotion
(a)Office EstablishedThere is established within the Department of Commerce an office to be known as the Office of Travel Promotion.
(b)Director
(1)AppointmentThe Office shall be headed by a Director who shall be appointed by the Secretary.
(2)QualificationsThe Director shall be a citizen of the United States and have experience in a field directly related to the promotion of travel to and within the United States.
(3)DutiesThe Director shall be responsible for ensuring the office is carrying out its functions effectively and shall report to the Secretary.
(c)FunctionsThe Office shall—
(1)serve as liaison to the Corporation for Travel Promotion established by subsection (b) of section 11 of the Travel Promotion Act of 2009 and support and encourage the development of programs to increase the number of international visitors to the United States for business, leisure, educational, medical, exchange, and other purposes;
(2)work with the Corporation, the Secretary of State and the Secretary of Homeland Security—
(A)to disseminate information more effectively to potential international visitors about documentation and procedures required for admission to the United States as a visitor;
(B)to ensure that arriving international visitors are generally welcomed with accurate information and in an inviting manner;
(C)to collect accurate data on the total number of international visitors that visit each State; and
(D)enhance the entry and departure experience for international visitors through the use of advertising, signage, and customer service; and
(3)support State, regional, and private sector initiatives to promote travel to and within the United States.
(d)Reports to CongressWithin a year after the date of enactment of the Travel Promotion Act of 2009, and periodically thereafter as appropriate, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on Foreign Relations, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on Foreign Affairs describing the Office’s work with the Corporation, the Secretary of State and the Secretary of Homeland Security to carry out subsection (c)(2)..
(h)Research programTitle II of the International Travel Act of 1961 (22 U.S.C. 2121 et seq.), as amended by subsection (g), is further amended by inserting after section 202 the following:

203.Research program
(a)In GeneralThe Office of Travel and Tourism Industries shall expand and continue its research and development activities in connection with the promotion of international travel to the United States, including—
(1)expanding access to the official Mexican travel surveys data to provide the States with traveler characteristics and visitation estimates for targeted marketing programs;
(2)expanding the number of inbound air travelers sampled by the Commerce Department’s Survey of International Travelers to reach a 1 percent sample size and revising the design and format of questionnaires to accommodate a new survey instrument, improve response rates to at least double the number of States and cities with reliable international visitor estimates and improve market coverage;
(3)developing estimates of international travel exports (expenditures) on a State-by-State basis to enable each State to compare its comparative position to national totals and other States;
(4)evaluate the success of the Corporation in achieving its objectives and carrying out the purposes of the Travel Promotion Act of 2009; and
(5)research to support the annual reports required by section 202(d) of this Act.
(b)Authorization of AppropriationsThere are authorized to be appropriated to the Secretary of Commerce for fiscal years 2010 through 2014 such sums as may be necessary to carry out this section..

Lorraine C. Miller,Clerk.


		II
		109th CONGRESS
		2d Session
		S. 3923
		IN THE SENATE OF THE UNITED STATES

			September 21, 2006
			Mr. Hatch (for himself
			 and Mrs. Feinstein) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish a pilot program in certain United States
		  district courts to encourage enhancement of expertise in patent cases among
		  district judges.

		1.Pilot program in certain
			 district courts
			(a)Establishment
				(1)In
			 generalThere is established a program, in each of the United
			 States district courts designated under subsection (b), under which—
					(A)those district
			 judges of that district court who request to hear cases under which one or more
			 issues arising under any Act of Congress relating to patents or plant variety
			 protection must be decided, are designated by the chief judge of the court to
			 hear those cases;
					(B)cases described in
			 subparagraph (A) are randomly assigned to the judges of the district court,
			 regardless of whether the judges are designated under subparagraph (A);
					(C)a judge not
			 designated under subparagraph (A) to whom a case is assigned under subparagraph
			 (B) may decline to accept the case; and
					(D)a case declined
			 under subparagraph (C) is randomly reassigned to one of those judges of the
			 court designated under subparagraph (A).
					(2)Senior
			 judgesSenior judges of a district court may be designated under
			 paragraph (1)(A) if at least one judge of the court in regular active service
			 is also so designated.
				(3)Right to
			 transfer cases preservedThis section shall not be construed to
			 limit the ability of a judge to request the reassignment of or otherwise
			 transfer a case to which the judge is assigned under this section, in
			 accordance with otherwise applicable rules of the court.
				(b)DesignationThe
			 Director of the Administrative Office of the United States Courts shall, not
			 later than 6 months after the date of the enactment of this Act, designate not
			 less than 5 United States district courts, in at least 3 different judicial
			 circuits, in which the program established under subsection (a) will be carried
			 out. The Director shall make such designation from among the 15 district courts
			 in which the largest number of patent and plant variety protection cases were
			 filed in the most recent calendar year that has ended.
			(c)DurationThe
			 program established under subsection (a) shall terminate 10 years after the end
			 of the 6-month period described in subsection (b).
			(d)ApplicabilityThe program established under subsection
			 (a) shall apply in a district court designated under subsection (b) only to
			 cases commenced on or after the date of such designation.
			(e)Reporting to
			 Congress
				(1)In
			 generalAt the times specified in paragraph (2), the Director of
			 the Administrative Office of the United States Courts, in consultation with the
			 chief judge of each of the district courts designated under subsection (b),
			 shall submit to the Committee on the Judiciary of the House of Representatives
			 and the Committee on the Judiciary of the Senate a report on the pilot program
			 established under subsection (a). The report shall include an analysis
			 of—
					(A)the extent to
			 which the program has succeeded in developing expertise in patent and plant
			 variety protection cases among the district judges of the district courts so
			 designated;
					(B)the extent to
			 which the program has improved the efficiency of the courts involved by reason
			 of such expertise; and
					(C)whether the pilot
			 program should be extended to other district courts, or should be made
			 permanent and apply to all district courts.
					(2)Timetable for
			 reportsThe times referred to in paragraph (1) are—
					(A)not later than the date that is 5 years and
			 3 months after the end of the 6-month period described in subsection (b);
			 and
					(B)not later than 5
			 years after the date described in subparagraph (A).
					(3)Periodic
			 reportingThe Director of the
			 Administrative Office of the United States Courts, in consultation with the
			 chief judge of each of the district courts designated under subsection (b),
			 shall keep the committees referred to in paragraph (1) informed, on a periodic
			 basis while the pilot program is in effect, with respect to the matters
			 referred to in subparagraphs (A), (B), and (C) of paragraph (1).
				(f)Authorization
			 for training and clerkshipsIn addition to any other funds made
			 available to carry out this section, there is authorized to be appropriated not
			 less than $5,000,000 in each fiscal year for—
				(1)educational and
			 professional development of those district judges designated under subsection
			 (a)(1)(A) in matters relating to patents and plant variety protection;
			 and
				(2)compensation of
			 law clerks with expertise in technical matters arising in patent and plant
			 variety protection cases, to be appointed by the courts designated under
			 subsection (b) to assist those courts in such cases.
				Amounts
			 made available pursuant to this subsection shall remain available until
			 expended.


109 HR 2648 IH: To amend title XIX of the Social Security Act to require Medicaid drug utilization review programs to deny coverage of erectile dysfunction drugs for individuals registered (or required to be registered) as sex offenders.
U.S. House of Representatives
2005-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 2648
IN THE HOUSE OF REPRESENTATIVES

May 26, 2005
Mr. Fossella (for himself, Mr. Stearns, Mrs. McCarthy, Mr. Walden of Oregon, Mr. Ney, Mr. Goode, Mr. Kuhl of New York, Mr. Gibbons, and Mr. Engel) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XIX of the Social Security Act to require Medicaid drug utilization review programs to deny coverage of erectile dysfunction drugs for individuals registered (or required to be registered) as sex offenders.

1.Requiring medicaid drug utilization review programs to deny coverage of erectile dysfunction drugs for individuals registered (or required to be registered) as sex offenders
(a)In generalSection 1927(g)(2) of the Social Security Act (42 U.S.C. 1396r–8(g)(2)) is amended by adding at the end the following new subparagraph:

(E)Denial of coverage of erectile dysfunction drugs for individuals registered (or required to be registered) as sex offenders
(i)In generalThe program shall provide for denying coverage for any erectile dysfunction drug for any individual who is registered (or a person required to register) under section 170101 or 170102 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071, 14072).
(ii)Report on enforcementNot later than 6 months after the date of the enactment of this subparagraph, each State shall submit to the Secretary a report on specific steps the State has taken under its program to assure the denial of coverage described in clause (i)..
(b)Effective dateThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to the denial of drugs furnished on or after such date.


		I
		111th CONGRESS
		1st Session
		H. R. 1609
		IN THE HOUSE OF REPRESENTATIVES

			March 19, 2009
			Mr. Kind (for himself
			 and Mr. Flake) introduced the
			 following bill; which was referred to the Committee on Agriculture, and in addition
			 to the Committee on Ways and
			 Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Food Security Act of 1985 to require the
		  Administrator of the Internal Revenue Service to verify income for purposes of
		  determining the eligibility of persons for certain Department of Agriculture
		  payments and benefits, and for other purposes.

		1.Amendments to require new
			 penalties and Administrator verification of eligibility for subsidy
			 programs
			(a)Addition of
			 repayment penaltySection
			 1001B of the Food Security Act of 1985 (7 U.S.C. 1308–2) is amended—
				(1)in subsection (b),
			 by striking the Secretary may for a period not to exceed 5 crop years
			 deny the issuance of payments to the person or legal entity. and
			 inserting the Secretary shall for a period not less than 5 years, or
			 permanently, deny the issuance of payments to the person or legal entity.
			 ;
				(2)by redesignating
			 subsections (c) through (e) as subsections (d) through (f), respectively;
			 and
				(3)after subsection
			 (b), by inserting the following new subsection:

						(c)RepaymentIf a person or legal entity is determined
				under subsection (d) of section 1001D to be ineligible for benefits or
				payments, the person or legal entity shall reimburse the Secretary for the full
				amount of any benefit or payment described in subsection (b) of such section
				that the person or legal entity has already received while the person or entity
				was ineligible.
						.
				(b)Addition of
			 income verification and enforcement proceduresSection 1001D of the Food Security Act of
			 1985 (7 U.S.C. 1308–3a) is amended by striking subsection (d) and inserting the
			 following new subsection:

					(d)Income
				verification and enforcement
						(1)Submission to
				AdministratorWithin 30 days
				after receiving an application from a person or legal entity for a benefit
				described in subsection (b), the Secretary shall request the Administrator of
				the Internal Revenue Service (referred to in this subsection as the
				Administrator) to verify the average adjusted gross income,
				average adjusted gross farm income, and average adjusted gross nonfarm income
				of the person or legal entity. The request for verification shall include the
				following:
							(A)The name of the
				person or legal entity.
							(B)The social security number or employer
				identification number of the person or legal entity.
							(C)Any other information that the Secretary
				determines to be relevant in assisting the Administrator in verifying the
				average adjusted gross income, average adjusted gross farm income, and average
				adjusted gross nonfarm income of the person or legal entity.
							(2)Administrator
				determination and denial of benefits
							(A)Administrator
				determinationNot later than
				30 days after the receipt of a verification request under paragraph (1) or a
				request of redetermination under paragraph (3), the Administrator shall—
								(i)determine whether the average adjusted
				gross income, average adjusted gross farm income, and average adjusted gross
				nonfarm income of the person or legal entity is within the applicable
				limitations established under subsection (b); and
								(ii)notify the
				Secretary of the results of such determination.
								(B)Denial of
				benefitsSubject to paragraph
				(3), if the Administrator determines under subparagraph (A) that a person or
				legal entity does not comply with the applicable limitations set forth in
				subsection (b), the Secretary shall deny the issuance of applicable payments
				and benefits specified in subsection (b) to the person or legal entity, under
				similar terms and conditions as described in section 1001B.
							(3)Farm Service
				Agency reconsideration for ineligible applicants
							(A)Submission of
				evidence to Farm Service AgencyA person or legal entity subject to denial
				of benefits under paragraph (2) may request a reconsideration of the denial by
				the Farm Service Agency office serving the location in which the person or
				legal entity resides or operates. The person or legal entity shall submit
				evidence, accompanied with a certification by a certified public accountant, to
				support the claim that the person or legal entity satisfies the income
				eligibility requirements under subsection (b).
							(B)Submission of
				evidence to AdministratorIf
				the Farm Service Agency determines that the claim of the person or legal entity
				is supported by the evidence submitted under subparagraph (A), the Secretary
				shall submit the evidence to the Administrator for a second determination under
				paragraph (2)(A).
							(C)Time
				requirementThe Farm Service Agency shall make the determination
				in subparagraph (B) within 30 days after the date on which the person or legal
				entity submits the evidence under subparagraph (A).
							(4)Limitation on
				redeterminationA person or
				legal entity may not apply for more than one redetermination, as described
				under paragraph (3), a calendar year.
						.


110 HR 2210 IH: Diabetes Prevention Access and

U.S. House of Representatives
2007-05-08
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.

		I
		110th CONGRESS
		1st Session
		H. R. 2210
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2007
			Ms. DeGette (for
			 herself, Mr. Castle,
			 Mr. Becerra, and
			 Mr. Kirk) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Public Health Service Act to prevent and
		  cure diabetes and to promote and improve the care of individuals with diabetes
		  for the reduction of health disparities within racial and ethnic minority
		  groups, including the African-American, Hispanic American, Asian American and
		  Pacific Islander, and American Indian and Alaskan Native
		  communities.

		1.Short titleThis Act may be cited as the
			 Diabetes Prevention Access and Care
			 Act of 2007.
		INational
			 Institutes of Health
			101.Research,
			 treatment, and education
				(a)In
			 generalSubpart 3 of part C of title IV of the Public Health
			 Service Act (42 U.S.C. 285c et seq.) is amended by adding at the end the
			 following new section:

						434B.Diabetes in
				minority populations
							(a)In
				generalThe Director of the National Institutes of Health shall
				expand, intensify, conduct, coordinate, and support research and other
				activities with respect to pre-diabetes and diabetes, particularly type 2, in
				minority populations, including research to identify clinical, socioeconomic,
				geographical, cultural, and organizational factors that contribute to type 2
				diabetes in such populations.
							(b)Certain
				activitiesActivities under subsection (a) regarding type 2
				diabetes in minority populations shall include the following:
								(1)Research on
				behavior and obesity, including research through the obesity research center
				that is sponsored by the National Institutes of Health.
								(2)Research on
				environmental factors that may contribute to the increase in type 2 diabetes,
				which shall be conducted or supported through the National Institute of
				Environmental Health Sciences and the National Human Genome Research
				Institute.
								(3)Support for new
				methods to identify environmental triggers and genetic interactions that lead
				to the development of type 1 and type 2 diabetes in minority newborns with a
				high genetic susceptibility to the disease. Such research should follow the
				newborns through puberty, which is a high-risk period for developing type 1
				diabetes, and—increasingly—type 2 diabetes.
								(4)Research to
				identify genes that predispose individuals to the onset of developing type 1
				and type 2 diabetes and to develop complications.
								(5)Research to
				prevent complications in individuals who have already developed diabetes, such
				as attempting to identify the genes that predispose individuals with diabetes
				to the development of complications, as well as methods and alternative
				therapies to control blood glucose.
								(6)The support of
				ongoing research efforts examining the level of glycemia at which adverse
				outcomes develop during pregnancy and to address the many clinical issues
				associated with minority mothers and fetuses during diabetic and gestational
				diabetic pregnancies.
								(c)Treatment
								(1)In
				generalThe Director of the National Institutes of Health shall
				conduct and support programs to treat diabetes in minority populations.
								(2)Certain
				activitiesActivities under paragraph (1) regarding the treatment
				of diabetes in minority populations shall include recommending and
				disseminating, through the National Center on Minority Health and Health
				Disparities, the guidelines of the American Diabetes Association for nutrition
				exercise and diet for diabetes treatment and prevention.
								(d)EducationThe Director of the National Institutes of
				Health shall—
								(1)through the
				National Center on Minority Health and Health Disparities—
									(A)make grants to
				programs funded under section 485F (relating to centers of excellence) for the
				purpose of establishing a mentoring program for health care professionals to be
				more involved in weight counseling, obesity research, and nutrition; and
									(B)provide for the
				participation of minority health professionals in diabetes-focused research
				programs; and
									(2)make grants for
				programs to establish a pipeline from high school to professional school that
				will increase minority representation in diabetes-focused health fields by
				expanding Minority Access to Research Careers (MARC) program internships and
				mentoring opportunities for recruitment.
								(e)DefinitionFor
				purposes of this section, the term minority populations means
				racial and ethnic minority groups within the meaning of section 1707.
							(f)Authorization of
				appropriationsFor the purpose of carrying out this section,
				there are authorized to be appropriated such sums as may be necessary for
				fiscal year 2008 and each subsequent fiscal
				year.
							.
				(b)Diabetes
			 Mellitus Interagency Coordinating CommitteeSection 429 of the
			 Public Health Service Act (42 U.S.C.
			 285c–3) is amended by adding at the end the following subsection:

						(c)(1)In addition to other
				duties established in this section for the Diabetes Mellitus Interagency
				Coordinating Committee, such Committee shall—
								(A)assess the current activities of all
				current Federal health programs to determine their adequacy as a systemic
				method of addressing the impact of diabetes mellitus on minority
				populations;
								(B)undertake strategic planning
				activities to develop an effective and comprehensive Federal plan to address
				diabetes mellitus within communities of color which will involve all
				appropriate Federal health programs; and
								(C)conduct the implementation of such a
				plan throughout all Federal health programs.
								(2)The Federal plan under paragraph
				(1)(B) shall—
								(A)include steps to address issues
				including, but not limited to, type 1 and type 2 diabetes in children and the
				disproportionate impact of diabetes mellitus on minority populations;
				and
								(B)remain consistent with the programs and
				activities identified in section 399O, as well as remaining consistent with the
				intent of the Diabetes Prevention Access and
				Care Act.
								(3)For purposes of this subsection, the
				term minority populations means racial and ethnic minority groups
				within the meaning of section 1707.
							(4)For the purpose of carrying out this
				subsection, there are authorized to be appropriated such sums as may be
				necessary for fiscal year 2008 and each subsequent fiscal
				year.
							.
				IICenters for
			 Disease Control and Prevention
			201.Research,
			 education, and other activities
				(a)In
			 generalPart B of title III of the Public Health Service Act (42
			 U.S.C. 243 et seq.) is amended by inserting after section 317S the following
			 section:

						317T.Diabetes in
				minority populations
							(a)Research and
				other activities
								(1)In
				generalThe Secretary, acting through the Director of the Centers
				for Disease Control and Prevention, shall conduct and support research and
				other activities with respect to diabetes in minority populations.
								(2)Certain
				activitiesActivities under paragraph (1) regarding diabetes in
				minority populations shall include the following:
									(A)Expanding the
				National Diabetes Laboratory for translational research, and the identification
				of genetic and immunological risk factors associated with diabetes.
									(B)Enhancing the
				National Health and Nutrition Examination Survey on eating and dietary habits,
				with a focus, including cultural and socioeconomic factors, on Hispanic
				American, African-American, American Indian and Alaskan Native, and Asian
				American and Pacific Islander communities.
									(C)Further enhancing the National Health and
				Nutrition Examination Survey by over-sampling Asian American and Pacific
				Islanders in appropriate geographic areas to better determine the prevalence of
				diabetes in these populations as well as to improve the data collection of
				diabetes penetration disaggregated into major ethnic groups within this
				population.
									(D)Within the
				Division of Diabetes Translation, providing for prevention research to better
				understand how to influence health care systems changes to improve quality of
				care being delivered to such populations, and within the Division of Diabetes
				Translation, carrying out model demonstration projects to design, implement,
				and evaluate effective diabetes prevention and control intervention for these
				populations.
									(E)Through the Division
				of Diabetes Translation, carrying out culturally appropriate community-based
				interventions designed to address issues and problems experienced by these
				populations.
									(F)Conducting applied
				research within the Division of Diabetes Translation to reduce health
				disparities within these populations with diabetes.
									(G)Conducting applied research on primary
				prevention within the Division of Diabetes Translation to specifically focus on
				these populations with pre-diabetes.
									(b)Education
								(1)In
				generalThe Secretary, acting
				through the Director of the Centers for Disease Control and Prevention, shall
				direct the Division of Diabetes Translation to conduct and support programs to
				educate the public on the causes and effects of diabetes in minority
				populations.
								(2)Certain
				activitiesActivities under paragraph (1) regarding education on
				diabetes in minority populations shall include the following:
									(A)Making grants for
				diabetes-focused education classes or training programs on cultural sensitivity
				and patient care within such populations for health care providers.
									(B)Carrying out
				public awareness campaigns directed toward such populations to aggressively
				emphasize the importance and impact of physical activity and diet in regard to
				diabetes and diabetes-related complications.
									(c)Diabetes; health
				promotion, prevention activities, and access
								(1)In
				generalThe Secretary, acting through the Director of the Centers
				for Disease Control and Prevention, shall carry out culturally appropriate
				diabetes health promotion and prevention programs for minority
				populations.
								(2)Certain
				activitiesActivities under paragraph (1) regarding culturally
				appropriate diabetes health promotion and prevention programs for minority
				populations shall include the following:
									(A)Expanding the
				Diabetes Prevention and Control Program (currently existing in all the States
				and territories).
									(B)Providing funds
				for the Diabetes Today program to adapt community planning tools within such
				populations.
									(C)Providing funds
				for Racial and Ethnic Approaches to Community Health (REACH 2010) grants to
				develop and evaluate diabetes prevention and control community programs focused
				on such populations.
									(D)Providing funds to
				community health centers for a monthly diabetes week program of diabetes
				services, including screenings.
									(E)Providing funds
				for education and community outreach on diabetes.
									(F)Providing funds
				for the United States and Mexico Border Diabetes project to develop culturally
				appropriate diabetes prevention and control interventions for minority
				populations in the border region.
									(G)Providing funds
				for an aggressive prevention campaign that focuses on physical inactivity and
				diet and its relation to type 2 diabetes within such populations.
									(H)Providing funds
				for surveillance systems and strategies for strengthening existing systems to
				improve the quality, accuracy, and timelines of morbidity and mortality
				diabetes data for such populations.
									(d)DefinitionFor
				purposes of this section, the term minority populations means
				racial and ethnic minority groups within the meaning of section 1707.
							(e)Authorization of
				appropriationsFor the purpose of carrying out this section,
				there are authorized to be appropriated such sums as may be necessary for
				fiscal year 2008 and each subsequent fiscal
				year.
							.
				IIIAdditional
			 programs
			301.Research,
			 education, and other activitiesPart P of title III of the
			 Public Health Service Act (42 U.S.C.
			 280g et seq.) is amended by inserting after section 399N the following
			 section:

					399O.Research,
				education, and other activities regarding diabetes in minority
				populations
						(a)Research and
				other activities
							(1)In
				generalIn addition to activities under sections 317T and 434B,
				the Secretary shall conduct and support research and other activities with
				respect to diabetes within minority populations.
							(2)Certain
				activitiesActivities under paragraph (1) regarding diabetes in
				minority populations shall include the following:
								(A)Expanding the
				National Diabetes Education Program.
								(B)Through the
				National Center on Minority Health and Health Disparities, the Office of
				Minority Health under section 1707, the Health Resources and Services
				Administration, the Centers for Disease Control and Prevention, and the Indian
				Health Service, establishing partnerships within minority populations to
				conduct studies on cultural, familial, and social factors that may influence
				health promotion, diabetes management, and prevention.
								(C)Through the Indian
				Health Service, in collaboration with other appropriate Federal agencies,
				conducting research on ethnic and culturally appropriate diabetes treatment,
				care, prevention, and services by health care professionals to the American
				Indian population.
								(3)Programs
				relating to clinical research
								(A)Education
				regarding clinical trialsThe Secretary shall carry out education
				and awareness programs designed to increase participation of minority
				populations in clinical trials.
								(B)Minority
				researchersThe Secretary shall carry out mentorship programs for
				minority researchers who are conducting or intend to conduct research on
				diabetes in minority populations.
								(C)Supplementing
				clinical research regarding childrenThe Secretary shall make
				grants to supplement clinical research programs to assist such programs in
				obtaining the services of health professionals and other resources to provide
				specialized care for children with type 1 and type 2 diabetes.
								(b)Education
							(1)In
				generalThe Secretary shall conduct and support programs to
				educate the public on the causes of effects of diabetes in minority
				populations.
							(2)Health resources
				and services administrationWith respect to the Health Resources
				and Services Administration, activities under paragraph (1) regarding education
				on diabetes in minority populations shall include the following:
								(A)Providing
				additional funds for the Health Careers Opportunity Program, Centers for
				Excellence, and the Minority Faculty Fellowship Program to partner with the
				Office of Minority Health under section 1707 and the National Institutes of
				Health to strengthen programs for career opportunities within minority
				populations focused on diabetes treatment and care.
								(B)In partnership
				with the Health Resources and Services Administration, develop a diabetes focus
				within, and provide additional funds for, the National Health Service Corps
				Scholarship program to place individuals in areas that are disproportionately
				affected by diabetes, to provide health care services.
								(C)Establishing a
				diabetes ambassador program for recruitment efforts to increase the number of
				underrepresented minorities currently serving in student, faculty, or
				administrative positions in institutions of higher learning, hospitals, and
				community health centers.
								(D)Establishing a
				loan repayment program that focuses on diabetes care and prevention.
								(3)Additional
				programsActivities under paragraph (1) regarding education on
				diabetes in minority populations shall include the following:
								(A)Through
				collaboration between the Health Resources and Services Administration and the
				Indian Health Service, establishing a joint scholarship and loan-repayment
				program for American Indians health profession students.
								(B)Providing funds
				for new and existing diabetes-focused education grants and programs for present
				and future students and clinicians in the medical field from minority
				populations, including the following:
									(i)Federal and State
				loan repayment programs for health profession students within communities of
				color.
									(ii)Providing funds
				to the Office of Minority Health under section 1707 for training health
				profession students to focus on diabetes within such populations.
									(iii)Providing funds
				to State and local entities to establish diabetes awareness week or day every
				month in schools, nursing homes, and colleges through partnerships with the
				Office of Minority Health under section 1707 and the Health Resources and
				Services Administration.
									(c)DefinitionFor
				purposes of this section, the term minority populations means
				racial and ethnic minority groups within the meaning of section 1707.
						(d)Authorization of
				appropriationsFor the purpose of carrying out this section,
				there are authorized to be appropriated such sums as may be necessary for
				fiscal year 2008 and each subsequent fiscal
				year.
						.
			IVStudies
			401.Studies
				(a)Institute of
			 MedicineThe Secretary of Health and Human Services (referred to
			 in this section as the Secretary) shall request the Institute of
			 Medicine to conduct a study to determine the extent and impact of the shortage
			 of adult and pediatric endocrinologists specializing in diabetes, and to submit
			 a report describing the findings of the study to the Secretary, to the
			 Committee on Energy and Commerce of the House of Representatives, and to the
			 Committee on Health, Education, Labor, and Pensions of the Senate. The
			 Secretary shall ensure that the report includes recommendations on changes in
			 Federal policies that would increase the number of adult and pediatric
			 endocrinologists specializing in diabetes.
				(b)Agency for
			 Healthcare Research and QualityThe Secretary, acting through the
			 Director of the Agency for Healthcare Research and Quality, shall conduct a
			 study to determine whether minority children with diabetes have better or worse
			 outcomes than nonminority children. The study shall include a determination of
			 the extent to which minority children have access to and participate in disease
			 management programs, and have access to and use medical devices such as
			 continuous glucose monitoring systems, insulin pumps, and artificial
			 pancreas.


116 HR 976 IH: Air Traffic Noise and Pollution Expert Consensus Act of 2019
U.S. House of Representatives
2019-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 976IN THE HOUSE OF REPRESENTATIVESFebruary 5, 2019Mr. Lynch (for himself, Mr. Krishnamoorthi, Mr. Ted Lieu of California, Ms. Eshoo, Mr. Raskin, Mr. Smith of Washington, Mr. Quigley, Mr. Sherman, Ms. Brownley of California, Mr. Lipinski, Mr. Lowenthal, Ms. Speier, Ms. Judy Chu of California, Mrs. Napolitano, Ms. Schakowsky, Ms. Bass, Ms. Norton, Mr. Suozzi, and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo direct the Administrator of the Federal Aviation Administration to enter into appropriate
			 arrangements with the National Academies of Sciences, Engineering, and
			 Medicine to provide for a report on the health impacts of air traffic
			 noise and pollution, and for other purposes.

 1.Short titleThis Act may be cited as the Air Traffic Noise and Pollution Expert Consensus Act of 2019. 2.Health impacts of air traffic noise and pollution (a)StudyThe Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine under which the Division will—
 (1)not later than 30 days after the date of enactment of this Act, convene a committee of experts in health and environmental science to examine the various health impacts of air traffic noise and pollution; and
 (2)issue a corresponding expert consensus report that sets forth current scientific knowledge relating to the various health impacts of air traffic noise and pollution.
 (b)ReportUpon completion of the consensus report, the Division shall transmit the report to— (1)the Administrator;
 (2)the Secretary of Health and Human Services; (3)the Administrator of the Environmental Protection Agency;
 (4)the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives; and
 (5)the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.


114 S1438 IS: Allowing Greater Access to Safe and Effective Contraception Act
U.S. Senate
2015-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1438IN THE SENATE OF THE UNITED STATESMay 21, 2015Ms. Ayotte (for herself, Mr. Gardner, Mrs. Ernst, Mr. Burr, Mr. Johnson, Mr. Tillis, and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo allow women greater access to safe and effective contraception.

 1.Short titleThis Act may be cited as the Allowing Greater Access to Safe and Effective Contraception Act. 2.Applications for non-prescription contraceptive drugs (a)Priority review of applicationThe Secretary of Health and Human Services (referred to in this section as the Secretary) shall give priority review to any supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) for a contraceptive drug, provided that—
 (1)the supplemental application is with respect to a drug intended for routine use; and (2)if the supplemental application is approved, with respect to individuals aged 18 and older, such drug would not be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
 (b)Fee waiverThe Secretary shall waive the fee under section 736(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)(1)) with respect to a supplemental application that receives priority review under subsection (a).
 (c)Over-the-Counter availabilityNotwithstanding any other provision of law, with respect to individuals under age 18, a contraceptive drug that is eligible for priority review under subsection (a) shall be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
			3.Empowering women to make their own health decisions
 (a)No limitations based on whether a drug is prescribedSection 9003 of the Patient Protection and Affordable Care Act (Public Law 111–148), and the amendments made by such section, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted.
 (b)No limitations on health FSAsSections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111–148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), and the amendments made by such sections, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such sections, and amendments, had never been enacted.


114 S1471 IS: Transparency for the Families of 9/11 Victims and Survivors Act of 2015
U.S. Senate
2015-06-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1471
		IN THE SENATE OF THE UNITED STATES

			June 1, 2015
			Mr. Paul (for himself, Mr. Wyden, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence

		A BILL
		To require declassification of certain redacted information from the Joint Inquiry into
			 Intelligence Community Activities Before and After the Terrorist Attacks
			 of
			 September 2001 and for other purposes.

		1.Short title
 This Act may be cited as the Transparency for the Families of 9/11 Victims and Survivors Act of 2015.
		2.Declassification and public release of certain redacted portions of the Joint Inquiry into
			 Intelligence Community Activities Before and After the Terrorist Attacks
			 of
			 September 2001
			(a)Declassification and public release of the Joint Inquiry into Intelligence Community Activities
			 Before and
 After the Terrorist Attacks of September 2001Not later than 60 days after the date of the enactment of this Act and subject to subsection (b), the President shall declassify and release to the public the previously redacted portions of the report on the Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 2001, filed in the Senate and the House of Representatives on December 20, 2002, including all the material under the heading Part Four—Findings, Discussion and Narrative Regarding Certain Sensitive National Security Matters.
 (b)Exception for names and information of individuals and certain methodologiesNotwithstanding subsection (a), the President is not required to declassify and release to the public the names and identifying information of individuals or specific methodologies described in the report referred to in subsection (a) if such declassification and release would result in imminent lawless action or compromise presently ongoing national security operations.