114 S2496 IS: Vulnerable Road Users Safety Act
U.S. Senate
2021-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2496IN THE SENATE OF THE UNITED STATESJuly 28, 2021Mr. Schatz (for himself and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo direct the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration to implement certain recommendations of the National Transportation Safety Board relating to pedestrian safety, bicyclist safety, and speeding-related crashes involving passenger vehicles, and for other purposes.1.Short titleThis Act may be cited as the Vulnerable Road Users Safety Act.2.Definition of micromobility vehicle(a)In generalIn this Act, the term micromobility vehicle means a vehicle that—(1)weighs not more than 150 pounds; and(2)is designed primarily—(A)for human transport; and(B)to be used—(i)on paved roadways; or(ii)if the vehicle weighs 100 pounds or less, on paths.(b)ExclusionIn this Act, the term micromobility vehicle does not include a manned or unmanned passenger vehicle. 3.Pedestrian safety(a)Pedestrian safety measures(1)PurposeThe purpose of this subsection is to direct the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration to implement certain recommendations in the Special Investigation Report of the National Transportation Safety Board on pedestrian safety, adopted on September 25, 2018.(2)Definition of automated pedestrian safety systemIn this subsection, the term automated pedestrian safety system means a vehicle-based pedestrian- and bicyclist-detection system that alerts drivers of potential vehicle-pedestrian or vehicle-cyclist crashes and applies automatic emergency braking to prevent such crashes.(3)NHTSAThe Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration, shall—(A)not later than 2 years after the date of enactment of this Act—(i)revise section 571.108 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 108) (or successor regulations)—(I)to include performance-based standards for vehicle headlamp systems—(aa)to ensure that headlamps are correctly aimed on the road; and(bb)requiring those systems to be tested on-vehicle to account for headlamp height and lighting performance; and(II)to allow the use of adaptive headlamp systems;(ii)issue a final rule to establish minimum performance standards for adaptive driving beam headlamp systems; and(iii)issue a final rule that—(I)establishes standards for the hood and bumper areas of motor vehicles, including passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 10,000 pounds or less, to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, and users of micromobility vehicles who are struck by those motor vehicles; and(II)considers the protection of vulnerable pedestrian populations, including individuals with disabilities, children, and older adults; and(B)not later than 1 year after the date of enactment of this Act—(i)develop performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles prevent or mitigate pedestrian injury;(ii)issue a final decision notice that—(I)incorporates automated pedestrian safety systems, including pedestrian automatic emergency braking systems and other passive safety systems, into the New Car Assessment Program of the National Highway Traffic Safety Administration; and(II)establishes—(aa)a minimum performance standard for automated pedestrian safety systems in accordance with the changes to the New Car Assessment Program described in subclause (I); and(bb)a compliance date with respect to those changes;(iii)establish a detailed crash data set that covers all pedestrian, bicyclist, and micromobility vehicle user events and represents the current and complete range of crash types, including nonfatal injury crashes, disaggregated by demographic characteristics, including race, age, disability, status, and sex of the victims—(I)for analysis by States and units of local government; and(II)to model and simulate pedestrian collision avoidance systems;(iv)establish methods that States and metropolitan planning organizations (as defined in section 134 of title 23, United States Code) may use—(I)to collect pedestrian, bicyclist, and micromobility vehicle user event data; and(II)to define a common framework that allows that data to be combined; and(v)coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics, including race, age, disability status, and sex of the victims.(4)Federal Highway AdministrationNot later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall develop standard definitions and establish methods that States, metropolitan planning organizations (as defined in section 134 of title 23, United States Code), Federal land management agencies, and Tribal governments that receive funding under the tribal transportation program under section 202 of title 23, United States Code, shall use to annually collect and publish pedestrian exposure data that includes—(A)the percentage of pedestrian fatalities that occurred, by State, on roadways in each State that are owned and operated by the State, a Federal land management agency, or a Tribal government that receives funding under the tribal transportation program under section 202 of title 23, United States Code, as compared to locally-owned and operated roadways in the State;(B)the owner and operator of the roadway where each pedestrian fatality described in subparagraph (A) occurred;(C)the design speed, target speed (where available), and operating speed of the roadway where each pedestrian fatality described in subparagraph (A) occurred;(D)each of the performance measures—(i)described in section 490.207 of title 23, Code of Federal Regulations (or successor regulations); and(ii)not described in any of subparagraphs (A) through (C);(E)(i)the number of fatalities (as defined in section 490.205 of title 23, Code of Federal Regulations (or successor regulations)) in which the person suffering fatal injuries was using a bicycle or micromobility vehicle at the time of the motor vehicle crash; and(ii)a description of the bicycle or micromobility vehicle; and(F)(i)the number of serious injuries (as defined in section 490.205 of title 23, Code of Federal Regulations (or successor regulations)) in which the person suffering a serious injury was using a bicycle or micromobility vehicle at the time of the motor vehicle crash; and(ii)a description of the bicycle or micromobility vehicle.(5)Special rulesSection 148(g) of title 23, United States Code, is amended by adding at the end the following:(3)Pedestrians, bicyclists, and users of micromobility vehicles(A)Definition of micromobility vehicleIn this paragraph, the term micromobility vehicle has the meaning given the term in section 2 of the Vulnerable Road Users Safety Act.(B)RuleIf the rate of fatalities or serious injuries for any of pedestrians, bicyclists, and users of micromobility vehicles in a State increases during the most recent 2-year period for which data are available, that State shall be required—(i)to include in the subsequent State strategic highway safety plan of the State strategies to decrease those rates; and(ii)to prioritize the implementation of any recommendations of the National Transportation Safety Board.(C)ApplicationNothing in this paragraph requires the Administrator of the Federal Highway Administration to revise the definition of the term non-motorized serious injuries in section 490.205 of title 23, Code of Federal Regulations (or successor regulations)..(b)Speeding-Related crashes involving passenger vehicles(1)PurposeThe purpose of this subsection is to direct the Administrator of the Federal Highway Administration to implement, for roadways that are legally allowed to be used by or are likely to be used by pedestrians, cyclists, and other vulnerable road users, certain recommendations in the report of the National Transportation Safety Board on reducing speeding-related crashes involving passenger vehicles, adopted on July 25, 2017. (2)Federal Highway AdministrationNot later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall revise the speed limits section of the Manual on Uniform Traffic Control Devices—(A)to require the factors currently listed as optional for all engineering studies;(B)to require that an expert system such as USLIMITS2 be used as a validation tool;(C)to remove the guidance that speed limits in speed zones should be within 5 mph of the 85th percentile speed; and(D)at a minimum, to incorporate relevant aspects of the safe system approach for urban roads to strengthen protection for vulnerable road users.4.Bicyclist safety(a)PurposeThe purpose of this section is to enhance the safety of bicyclists and other vulnerable road users by requiring the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Federal Highway Administration, and the Intelligent Transportation Systems Joint Program Office of the Department of Transportation to implement certain recommendations of the National Transportation Safety Board identified in the Safety Research Report entitled Bicyclist Safety on US Roadways: Crash Risks and Countermeasures, adopted on November 5, 2019.(b)National Highway Traffic Safety AdministrationNot later than 2 years after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration (referred to in this subsection as the Secretary), shall—(1)(A)develop minimum performance standards for connected vehicle technology for all light vehicles and vehicles with a gross vehicle weight rating of not more than 26,000 pounds;(B)on development of the standards described in subparagraph (A), require connected vehicle technology to be installed on all newly manufactured highway vehicles beginning with the first model year that begins not less than 2 years after the effective date of the final rule establishing the minimum performance standards; and(C)complete all rulemaking relating to connected vehicle technology that is in progress as of the date of enactment of this Act;(2)require that newly manufactured truck tractors with a gross vehicle weight rating of more than 26,000 pounds be equipped with a blind spot warning system to improve the ability of the driver of a tractor-trailer to detect—(A)passenger vehicles; and (B)vulnerable road users, including pedestrians, bicyclists, users of micromobility vehicles, and motorcyclists;(3)incorporate into the New Car Assessment Program of the National Highway Traffic Safety Administration tests to evaluate the ability of a new car to avoid crashes with bicyclists, users of micromobility vehicles, and pedestrians; (4)expand the 5-star rating system of the New Car Assessment Program of the National Highway Traffic Safety Administration to include a scale that rates the performance of forward collision avoidance systems; (5)issue a final decision notice incorporating pedestrian, bicyclist, and micromobility vehicle user safety systems, including pedestrian, bicyclist, and micromobility vehicle user automatic emergency braking systems and other passive safety systems, into the New Car Assessment Program of the National Highway Traffic Safety Administration; and (6)complete the development of performance standards for visibility enhancement systems—(A)to ensure that those systems improve driver visibility in blind spots; and (B)to improve the ability of the driver of a single unit truck with a gross vehicle weight rating of more than 10,000 pounds to detect vulnerable road users, including pedestrians, bicyclists, users of micromobility vehicles, and motorcyclists, in the proximity of the truck.(c)Federal Highway AdministrationNot later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall—(1)(A)complete the development of methods to combine automated and traditional count with innovative bicycle-counting approaches that capture bicycling activity data generated by bicyclists and bike share operations; and(B)provide information about those methods to State departments of transportation;(2)update the list of proven safety countermeasures published by the Federal Highway Administration to include separated bike lanes and multi-use trails; and(3)include separated bike lanes and multi-use trails as innovations in the Every Day Counts initiative under section 1444 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94). (d)Safety considerations in planning and designSection 217(g)(2) of title 23, United States Code, is amended, in the second sentence, by inserting , separated bicycle lanes and multi-use trails, and intersection safety treatments after street crossings.(e)Intelligent transportation systems joint program office(1)In generalNot later than 180 days after the date of enactment of this Act, the Intelligent Transportation Systems Joint Program Office of the Department of Transportation, in collaboration with the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration, shall expand vehicle-to-pedestrian research efforts to ensure that bicyclists and other vulnerable road users will be incorporated into the safe deployment of connected vehicle systems. (2)ReportNot later than 30 months after the date of enactment of this Act, the Intelligent Transportation Systems Joint Program Office of the Department of Transportation, in collaboration with the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration, shall submit to Congress and make publicly available a report on the findings of the research efforts described in paragraph (1).


		II
		110th CONGRESS
		1st Session
		S. 530
		IN THE SENATE OF THE UNITED STATES

			February 8, 2007
			Mr. Feingold (for
			 himself and Mr. Schumer) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To prohibit products that contain dry ultra-filtered milk
		  products, milk protein concentrate, or casein from being labeled as domestic
		  natural cheese, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Quality Cheese Act of
			 2007.
		2.Natural cheese
			 standard
			(a)FindingsCongress
			 finds that—
				(1)(A)any change in domestic
			 natural cheese standards to allow dry ultra-filtered milk products, milk
			 protein concentrate, or casein to be labeled as domestic natural cheese would
			 result in increased costs to the dairy price support program; and
					(B)that change would be unfair to
			 taxpayers, who would be forced to pay more program costs;
					(2)any change in
			 domestic natural cheese standards to allow dry ultra-filtered milk products,
			 milk protein concentrate, or casein to be labeled as domestic natural cheese
			 would result in lower revenues for dairy farmers;
				(3)any change in
			 domestic natural cheese standards to allow dry ultra-filtered milk products,
			 milk protein concentrate, or casein to be labeled as domestic natural cheese
			 would cause dairy products containing dry ultra-filtered milk, milk protein
			 concentrate, or casein to become vulnerable to contamination and would
			 compromise the sanitation, hydrosanitary, and phytosanitary standards of the
			 United States dairy industry; and
				(4)changing the
			 labeling standard for domestic natural cheese would be misleading to the
			 consumer.
				(b)ProhibitionSection
			 401 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341) is
			 amended—
				(1)by striking
			 Whenever and inserting (a) Whenever; and
				(2)by adding at the
			 end the following:

						(b)The Commissioner
				may not use any Federal funds to amend section 133.3 of title 21, Code of
				Federal Regulations (or any corresponding similar regulation or ruling), to
				include dry ultra-filtered milk, milk protein concentrate, or casein in the
				definition of the term milk or nonfat milk, as
				defined in the standards of identity for cheese and cheese products published
				at part 133 of title 21, Code of Federal Regulations (or any corresponding
				similar regulation or
				ruling).
						.


116 HR 1024 IH: Consumer Protection and Fuel Transparency Act of 2019
U.S. House of Representatives
2019-02-06
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. 1024IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2019Mr. Austin Scott of Georgia (for himself, Ms. Frankel, Mr. Wittman, and Mr. Crist) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Administrator of the Environmental Protection Agency to revise labeling requirements for fuel pumps that dispense E15, and for other purposes.
1.Short titleThis Act may be cited as the Consumer Protection and Fuel Transparency Act of 2019. 2.E15 fuel dispenser labeling (a)E15 fuel dispenser labeling rule (1)Revision of ruleNot later than 180 days after the date of enactment of this Act, the Administrator shall revise the labeling requirements for fuel pumps that dispense E15, including by revising the rule described in paragraph (3) with respect to such requirements.
(2)Input and requirements for labelIn revising the labeling requirements for fuel pumps that dispense E15 under paragraph (1), the Administrator shall— (A)solicit input from—
(i)industries that manufacture vehicles, engines, and equipment that are prohibited from using E15, including boats, lawnmowers, chainsaws, motorcycles, snowmobiles, and pre-2001 model year vehicles; (ii)consumer groups that represent users of such vehicles, engines, and equipment; and
(iii)any other party that the Administrator determines may be impacted by such labeling requirements; (B)require that the label for fuel pumps that dispense E15—
(i)include the word WARNING; (ii)include the words Check your owner’s manual;
(iii)be 5 × 7 inches or larger; (iv)include—
(I)indicators with respect to vehicles, engines, and equipment that are prohibited from using E15, including— (aa)pictograms depicting a boat, lawnmower, chainsaw, motorcycle, and snowmobile; and
(bb)warnings with respect to pre-2001 model year vehicles; and (II)other indicators developed by the Administrator, in consultation with the American National Standards Institute and the Federal Trade Commission; and
(v)be focus group tested to ensure effectiveness; and (C)with respect to blender pumps, in addition to the requirements under subparagraph (B), with input from industries, the Federal Trade Commission, and the American National Standards Institute, require an additional warning label on each such blender pump to warn consumers of the residual gasoline left in gasoline pump hoses from the previous individual dispensing.
(3)Rule describedThe rule described in this paragraph is the final rule titled Regulation To Mitigate the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs published in the Federal Register on July 25, 2011 (76 Fed. Reg. 44406 et seq.). (b)Public educationNot later than 180 days after the date of enactment of this Act, the Administrator, in consultation with affected industries, shall develop and commence a public education campaign—
(1)to inform the public regarding— (A)the risks associated with the improper use of E15; and
(B)the vehicles, engines, and equipment that are prohibited from using E15, including boats, lawnmowers, chainsaws, motorcycles, snowmobiles, and pre-2001 model year vehicles; and (2)that includes, with respect to an existing fuel pump that displays electronic messages, development of an electronic message inquiring if a consumer is aware that E15 is so prohibited, to be displayed on such fuel pump prior to E15 dispensing from such fuel pump.
(c)ReportNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the public education campaign commenced under subsection (b), including data and metrics on consumer awareness of E15. (d)Registration entities educationThe Administrator, in collaboration with State entities responsible for boat registration, shall distribute, at the time of initial registration of a boat and at the time of the renewal of a registration for such boat, educational materials on E15 and its impact on marine engines.
(e)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
(2)Blender pumpThe term blender pump means a fuel pump that may dispense multiple blends of fuel, including E15. (3)E15The term E15 means gasoline containing 15 percent ethanol by volume.


116 S1874 RS: BRIGHT Act
U.S. Senate
2019-06-13
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.

IICalendar No. 292116th CONGRESS1st SessionS. 1874[Report No. 116–157]IN THE SENATE OF THE UNITED STATESJune 13, 2019Mr. Peters (for himself, Mr. Johnson, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsNovember 6, 2019Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 40, United States Code, to require the Administrator of General Services to procure
			 the most life-cycle cost effective and energy efficient lighting products
			 and to issue guidance on the efficiency, effectiveness, and economy of
			 those products, and for other purposes.

 1.Short titleThis Act may be cited as the Bulb Replacement Improving Government with High-efficiency Technology Act or the BRIGHT Act. 2.Guidance (a)In generalNot later than 1 year after the date of enactment of this Act, the Administrator of General Services shall—
 (1)issue guidance to Federal agencies for the procurement and use of the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code) to increase the efficiency, effectiveness, and economy of the Federal Government; and
 (2)publish on the internet or otherwise make available to State, local, and Tribal entities information on ways to improve efficiency, effectiveness, and economy by procuring and using the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code).
 (b)ReportNot later than 5 years after the date of enactment of this Act, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the implementation of this Act and the amendments made by this Act, including the efficiency, effectiveness, and economy of the transition to the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code).
			3.Procurement of life-cycle cost effective and energy efficient lighting systems
 (a)In generalSection 3313 of title 40, United States Code, is amended— (1)by striking subsection (h);
 (2)by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (3)by striking the section designation and heading and all that follows through the end of subsection (c) and inserting the following:

						3313.Procurement of life-cycle cost effective and energy efficient lighting systems
 (a)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Administrator of General Services.
 (2)Lighting systemThe term lighting system means the elements required to maintain a desired light level, including lamps, light fixtures, fixture distribution, sensors and control technologies, interior design elements, and daylighting sources.
								(b)Procurement
 (1)In generalTo the maximum extent practicable, the Administrator shall— (A)procure the most life-cycle cost effective and energy efficient lighting systems; and
 (B)ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual components of lighting systems maximize life-cycle cost effectiveness and energy efficiency.
 (2)UseEach public building constructed, altered, acquired, or leased by the Administrator shall be equipped, to the maximum extent practicable as determined by the Administrator, with the most life-cycle cost effective and energy efficient lighting systems for each application.
 (c)Maintenance of public buildingsEach individual component of a lighting system, including a lamp or fixture, that is replaced by the Administrator in the normal course of maintenance of public buildings shall be replaced, to the maximum extent practicable, with the most life-cycle cost effective and energy efficient lighting system possible for the application.
							(d)Considerations
 (1)Contracting optionsIn carrying out this section, the Administrator shall consider appropriate contracting options for the procurement of the most life-cycle cost effective and energy efficient lighting systems.
 (2)Procurement and useIn making a determination under this section concerning the practicability of procuring and installing the most life-cycle cost effective and energy efficient lighting system, the Administrator shall consider—
 (A)the compatibility of the lighting system with existing equipment, including consideration of a cost effective retrofit;
 (B)whether procurement and use of the lighting system could result in interference with productivity; (C)the aesthetics relating to the use of the lighting system; and
 (D)such other factors as the Administrator determines to be appropriate. (e)Life-Cycle cost effectiveThe Administrator shall use the procedures and methods established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) in determining whether a lighting system is life-cycle cost effective.;
 (4)in subsection (f) (as so redesignated)— (A)in the matter preceding paragraph (1), by striking lighting fixture or bulb and inserting lighting system;
 (B)in paragraph (1), by striking the fixture or bulb is and inserting the lighting system or the individual components of the lighting system are; and (C)in paragraph (3), by striking fixture or bulb and inserting lighting system;
 (5)in subsection (g) (as so redesignated), by inserting procurement and before use in public buildings; and (6)in subsection (h) (as so redesignated), by inserting procurement and before use of energy efficient.
 (b)Clerical amendmentThe analysis for chapter 33 of title 40, United States Code, is amended by striking the item relating to section 3313 and inserting the following:
				3313. Procurement of life-cycle cost effective and energy efficient lighting systems..

 1.Short titleThis Act may be cited as the Bulb Replacement Improving Government with High-Efficiency Technology Act or the BRIGHT Act. 2.GuidanceNot later than 1 year after the date of enactment of this Act, the Administrator of General Services shall—
 (1)issue guidance to Federal agencies for the procurement and use of the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code) to increase the efficiency, effectiveness, and economy of the Federal Government; and
 (2)publish on the internet or otherwise make available to State, local, and Tribal entities information on ways to improve efficiency, effectiveness, and economy by procuring and using the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code).
			3.Procurement of life-cycle cost effective and energy efficient lighting systems
 (a)In generalSection 3313 of title 40, United States Code, is amended— (1)by striking subsection (h);
 (2)by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (3)by striking the section designation and heading and all that follows through the end of subsection (c) and inserting the following:

						3313.Procurement of life-cycle cost effective and energy efficient lighting systems
 (a)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Administrator of General Services.
 (2)Lighting systemThe term lighting system means the elements required to maintain a desired light level, including lamps, light fixtures, fixture distribution, sensors and control technologies, interior design elements, and daylighting sources.
								(b)Procurement
 (1)In generalTo the maximum extent practicable, the Administrator shall— (A)procure the most life-cycle cost effective and energy efficient lighting systems; and
 (B)ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual components of lighting systems maximize life-cycle cost effectiveness and energy efficiency.
 (2)UseEach public building constructed, altered, acquired, or leased by the Administrator shall be equipped, to the maximum extent practicable as determined by the Administrator, with the most life-cycle cost effective and energy efficient lighting systems for each application.
 (c)Maintenance of public buildingsEach individual component of a lighting system, including a lamp or fixture, that is replaced by the Administrator in the normal course of maintenance of public buildings shall be replaced, to the maximum extent practicable, with the most life-cycle cost effective and energy efficient lighting system possible for the application.
							(d)Considerations
 (1)Contracting optionsIn carrying out this section, the Administrator shall consider appropriate contracting options for the procurement of the most life-cycle cost effective and energy efficient lighting systems.
 (2)Procurement and useIn making a determination under this section concerning the practicability of procuring and installing the most life-cycle cost effective and energy efficient lighting system, the Administrator shall consider—
 (A)the compatibility of the lighting system with existing equipment, including consideration of a cost effective retrofit;
 (B)whether procurement and use of the lighting system could result in interference with productivity; (C)the aesthetics relating to the use of the lighting system; and
 (D)such other factors as the Administrator determines to be appropriate. (e)Life-cycle cost effectiveThe Administrator shall use the procedures and methods established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) in determining whether a lighting system is life-cycle cost effective.;
 (4)in subsection (f) (as so redesignated)— (A)in the matter preceding paragraph (1), by striking lighting fixture or bulb and inserting lighting system;
 (B)in paragraph (1), by striking the fixture or bulb is and inserting the lighting system or the individual components of the lighting system are; and (C)in paragraph (3), by striking fixture or bulb and inserting lighting system;
 (5)in subsection (g) (as so redesignated), by inserting procurement and before use in public buildings; and (6)in subsection (h) (as so redesignated), by inserting procurement and before use of energy efficient.
 (b)Clerical amendmentThe analysis for chapter 33 of title 40, United States Code, is amended by striking the item relating to section 3313 and inserting the following:
				3313. Procurement of life-cycle cost effective and energy efficient lighting systems..November 6, 2019Reported with an amendment


 HR 4583 ENR: Wool Suit Fabric Labeling Fairness and International Standards Conforming Act
U.S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Ninth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and six
H. R. 4583

AN ACT
To amend the Wool Products Labeling Act of 1939 to revise the requirements for labeling of certain wool and cashmere products.

1.Short titleThis Act may be cited as the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act.
2.Labeling of wool and cashmere products to facilitate compliance and protect consumers
(a)In generalSection 4(a) of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following new paragraphs:

(5)In the case of a wool product stamped, tagged, labeled, or otherwise identified as—
(A)Super 80’s or 80’s, if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer;
(B)Super 90’s or 90’s, if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer;
(C)Super 100’s or 100’s, if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer;
(D)Super 110’s or 110’s, if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer;
(E)Super 120’s or 120’s, if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer;
(F)Super 130’s or 130’s, if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer;
(G)Super 140’s or 140’s, if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer;
(H)Super 150’s or 150’s, if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer;
(I)Super 160’s or 160’s, if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer;
(J)Super 170’s or 170’s, if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer;
(K)Super 180’s or 180’s, if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer;
(L)Super 190’s or 190’s, if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer;
(M)Super 200’s or 200’s, if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer;
(N)Super 210’s or 210’s, if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer;
(O)Super 220’s or 220’s, if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer;
(P)Super 230’s or 230’s, if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer;
(Q)Super 240’s or 240’s, if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and
(R)Super 250’s or 250’s, if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer.In each such case, the average fiber diameter of such wool product may be subject to such standards or deviations as adopted by regulation by the Commission.
(6)In the case of a wool product stamped, tagged, labeled, or otherwise identified as cashmere, if—
(A)such wool product is not the fine (dehaired) undercoat fibers produced by a cashmere goat (capra hircus laniger);
(B)the average diameter of the fiber of such wool product exceeds 19 microns; or
(C)such wool product contains more than 3 percent (by weight) of cashmere fibers with average diameters that exceed 30 microns.The average fiber diameter may be subject to a coefficient of variation around the mean that shall not exceed 24 percent..
(b)Applicability dateThe amendments made by this section shall apply to wool products manufactured on or after January 1, 2007.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		III
		111th CONGRESS
		1st Session
		S. RES. 63
		IN THE SENATE OF THE UNITED STATES

			March 4, 2009
			Mrs. McCaskill (for
			 herself and Mr. Udall of Colorado)
			 submitted the following resolution; which was referred to the
			 Committee on Rules and
			 Administration

		RESOLUTION
		To amend the Standing Rules of the Senate
		  to ensure that all congressionally directed spending items in appropriations
		  and authorization legislation fall under the oversight and transparency
		  provisions of S. 1, the Honest Leadership and Open Government Act of
		  2007.

		1.Amendment to the Standing
			 Rules of the Senate
			(a)Further
			 transparencyRule XLIV of the Standing Rules of the Senate is
			 amended by adding at the end thereof the following:

					13.(a)All
				congressionally directed spending items shall be included in the text of an
				appropriations or authorization bill and any conference report related to that
				appropriations or authorization bill.
					(b)Not later than 48
				hours after the request, each request for a congressionally directed spending
				item for an appropriations or authorization bill made by a Senator shall be
				posted on the Senator’s web site. The posting of the request for a
				congressionally directed spending item shall include the name and location of
				the specifically intended recipient, the purpose of the congressionally
				directed spending item, and the dollar amount requested. If there is no
				specifically intended recipient, the posting shall include the intended
				location of the activity, the purpose of the congressionally directed spending
				item, and the dollar amount requested.
					(c)It shall not be
				in order to consider an appropriations or authorization bill, amendment, or
				conference report if it contains a congressionally directed spending item for a
				private for-profit or non profit
				entity.
					.
			(b)Clarifying
			 application to conference reportsParagraph 8 of rule XLIV of the
			 Standing Rules of the Senate is amended by—
				(1)striking
			 subparagraph (a) and inserting the following:

						(a)A Senator may
				raise a point of order against one or more provisions of a conference report if
				they constitute a congressionally directed spending item that was not included
				in the measure originally committed to the conferees by either House. The
				Presiding Officer may sustain the point of order as to some or all of the
				congressionally directed spending items against which the Senator raised the
				point of order.
						;
				and
				(2)striking
			 subparagraph (e).
				(c)Requiring full
			 searchabilityParagraph 3(a)(2) of rule XLIV of the Standing
			 Rules of the Senate is amended by inserting in an searchable
			 format after available.
			(d)Supermajority
			 requirementParagraph 10 of rule XLIV of the Standing Rules of
			 the Senate is amended by striking or 3 and inserting 3,
			 or 13.
			(e)Availability by
			 the committee of jurisdictionParagraph 6(b) of rule XLIV of the
			 Standing Rules of the Senate is amended to read as follows:

					(b)With respect to
				each congressionally directed spending item requested by a Senator, each
				committee of jurisdiction shall make available for public inspection on the
				Internet the written statements and certifications under subparagraph (a) not
				later than 48 hours after receipt of such statements and
				certifications.
					.


		II
		111th CONGRESS
		1st Session
		S. 2266
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain hydration
		  systems.

		1.Certain hydration systems
			 with a cargo storage from 1401 to 2200 cubic inches
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Insulated hydration systems with an outer surface of textile
						materials whose interior incorporates a flexible plastic container of a kind
						for storing and dispensing potable beverages through attached flexible tubing
						and which have a cargo storage capacity from 1401 through 2200 cubic inches
						(provided for in subheading 4202.92.30)FreeNo
						changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


115 HR 6522 IH: Santa Cruz Valley National Heritage Area Act
U.S. House of Representatives
2018-07-25
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.

I115th CONGRESS2d SessionH. R. 6522IN THE HOUSE OF REPRESENTATIVESJuly 25, 2018Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo establish the Santa Cruz Valley National Heritage Area, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Santa Cruz Valley National Heritage Area Act. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					Sec. 4. Designation of Santa Cruz Valley National Heritage Area.
					Sec. 5. Management plan.
					Sec. 6. Evaluation; report.
					Sec. 7. Local coordinating entity.
					Sec. 8. Relationship to other Federal agencies.
					Sec. 9. Private property and regulatory protections.
					Sec. 10. Authorization of appropriations.
					Sec. 11. Use of Federal funds from other sources.
					Sec. 12. Sunset for grants and other assistance.
 2.PurposesThe purposes of this Act include— (1)to establish the Santa Cruz Valley National Heritage Area in the State of Arizona;
 (2)to implement the recommendations of the Alternative Concepts for Commemorating Spanish Colonization study completed by the National Park Service in 1991, and the Feasibility Study for the Santa Cruz Valley National Heritage Area prepared by the Center for Desert Archaeology in July 2005; (3)to provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region and to conserve the region’s heritage while continuing to pursue compatible economic opportunities;
 (4)to assist communities, organizations, and citizens in the State of Arizona in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and
 (5)to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area.
 3.DefinitionsIn this Act: (1)National heritage areaThe term National Heritage Area means the Santa Cruz Valley National Heritage Area established in this Act.
 (2)Local coordinating entityThe term local coordinating entity means the Santa Cruz Valley Heritage Alliance, Inc., which is hereby designated by Congress— (A)to develop, in partnership with others, the management plan for the National Heritage Area; and
 (B)to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.
 (3)Management planThe term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this Act.
 (4)SecretaryThe term Secretary means the Secretary of the Interior. 4.Designation of Santa Cruz Valley National Heritage Area (a)EstablishmentThere is hereby established the Santa Cruz Valley National Heritage Area.
			(b)Boundaries
 (1)In generalThe National Heritage Area shall consist of portions of the counties of Santa Cruz and Pima. (2)MapThe boundaries of the National Heritage Area shall be as generally depicted on the map titled Santa Cruz Valley National Heritage Area, and numbered T09/80,000, and dated November 13, 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.
				5.Management plan
 (a)RequirementsThe management plan for the National Heritage Area shall— (1)describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;
 (2)include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
 (3)specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;
 (4)include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;
 (5)recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
 (6)describe a program for implementation for the management plan, including— (A)performance goals;
 (B)plans for resource protection, enhancement, interpretation, funding, management, and development; and
 (C)specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;
 (7)include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and
 (8)include a business plan that— (A)describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and
 (B)provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.
					(b)Deadline
 (1)In generalNot later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.
 (2)Termination of fundingIf the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary.
				(c)Approval of Management Plan
 (1)ReviewNot later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).
 (2)ConsultationThe Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.
 (3)Criteria for approvalIn determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—
 (A)the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;
 (B)the local coordinating entity— (i)has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and
 (ii)provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
 (C)the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;
 (D)the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;
 (E)the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;
 (F)the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and
 (G)the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
					(4)Disapproval
 (A)In generalIf the Secretary disapproves the management plan, the Secretary— (i)shall advise the local coordinating entity in writing of the reasons for the disapproval; and
 (ii)may make recommendations to the local coordinating entity for revisions to the management plan. (B)DeadlineNot later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
					(5)Amendments
 (A)In generalAn amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
 (B)ImplementationThe local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment.
 (6)AuthoritiesThe Secretary may— (A)provide technical assistance under the authority of this Act for the development and implementation of the management plan; and
 (B)enter into cooperative agreements with interested parties to carry out this Act. 6.Evaluation; report (a)In generalNot later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this Act, the Secretary shall—
 (1)conduct an evaluation of the accomplishments of the National Heritage Area; and (2)prepare a report in accordance with subsection (c).
 (b)EvaluationAn evaluation conducted under subsection (a)(1) shall— (1)assess the progress of the local coordinating entity with respect to—
 (A)accomplishing the purposes of the authorizing legislation for the National Heritage Area; and (B)achieving the goals and objectives of the approved management plan for the National Heritage Area;
 (2)analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and
 (3)review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.
 (c)ReportBased on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
			7.Local coordinating entity
 (a)DutiesTo further the purposes of the National Heritage Area, the Santa Cruz Valley Heritage Alliance, Inc., as the local coordinating entity, shall—
 (1)prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this Act;
 (2)submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act, specifying—
 (A)the specific performance goals and accomplishments of the local coordinating entity; (B)the expenses and income of the local coordinating entity;
 (C)the amounts and sources of matching funds; (D)the amounts leveraged with Federal funds and sources of the leveraging; and
 (E)grants made to any other entities during the fiscal year; (3)make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; and
 (4)encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.
 (b)AuthoritiesFor the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this Act to—
 (1)make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;
 (2)enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
 (3)hire and compensate staff, including individuals with expertise in— (A)natural, historical, cultural, educational, scenic, and recreational resource conservation;
 (B)economic and community development; and (C)heritage planning;
 (4)obtain funds or services from any source, including other Federal programs; (5)contract for goods or services; and
 (6)support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.
 (c)Prohibition on acquisition of real propertyThe local coordinating entity may not use Federal funds authorized under this Act to acquire any interest in real property.
			8.Relationship to other Federal agencies
 (a)In generalNothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law.
 (b)Consultation and coordinationThe head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
 (c)Other Federal agenciesNothing in this Act— (1)modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
 (2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or
 (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
 9.Private property and regulatory protectionsNothing in this Act— (1)abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;
 (2)requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;
 (3)alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;
 (4)authorizes or implies the reservation or appropriation of water or water rights; (5)diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or
 (6)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
			10.Authorization of appropriations
 (a)Authorization of appropriationsSubject to subsection (b), there are authorized to be appropriated to carry out this Act not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.
 (b)Limitation on total amounts appropriatedNot more than $15,000,000 may be appropriated to carry out this Act. (c)Cost-Sharing requirementThe Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
 11.Use of Federal funds from other sourcesNothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
 12.Sunset for grants and other assistanceThe authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 2222
		IN THE SENATE OF THE UNITED STATES

			March 21, 2012
			Mr. Sanders (for
			 himself, Mr. Blumenthal,
			 Mr. Cardin, Ms.
			 Klobuchar, Mr. Franken,
			 Mr. Nelson of Florida,
			 Mr. Brown of Ohio, and
			 Mrs. Feinstein) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To require the Commodity Futures Trading Commission to
		  take certain actions to reduce excessive speculation in energy markets.

		1.Energy markets
			(a)FindingsCongress
			 finds that—
				(1)the Commodity
			 Futures Trading Commission was created as an independent agency, in 1974, with
			 a mandate—
					(A)to enforce and
			 administer the Commodity Exchange
			 Act (7 U.S.C. 1 et seq.);
					(B)to ensure market
			 integrity;
					(C)to protect market
			 users from fraud and abusive trading practices; and
					(D)to prevent and
			 prosecute manipulation of the price of any commodity in interstate
			 commerce;
					(2)Congress has
			 given the Commodity Futures Trading Commission authority under the Commodity
			 Exchange Act (7 U.S.C. 1 et seq.) to take necessary actions to address market
			 emergencies;
				(3)the Commodity
			 Futures Trading Commission may use the emergency authority of the Commission
			 with respect to any major market disturbance that prevents the market from
			 accurately reflecting the forces of supply and demand for a commodity;
				(4)Congress declared
			 in section 4a of the Commodity Exchange Act (7 U.S.C. 6a) that excessive
			 speculation imposes an undue and unnecessary burden on interstate
			 commerce;
				(5)according to an
			 article published in Forbes on February 27, 2012, excessive oil speculation
			 translates out into a premium for gasoline at the pump of $.56 a
			 gallon based on a recent report from Goldman Sachs;
				(6)on March 9,
			 2012—
					(A)the supply of
			 crude oil and gasoline was higher than the supply was on March 6, 2009, when
			 the national average price for a gallon of regular unleaded gasoline was just
			 $1.94; and
					(B)demand for
			 gasoline in the United States was lower than demand was on June 20,
			 1997;
					(7)on March 12,
			 2012, the national average price of regular unleaded gasoline was over $3.82 a
			 gallon, the highest price ever recorded in the United States during the month
			 of March;
				(8)during the last
			 quarter of 2011, according to the International Energy Agency—
					(A)the world oil
			 supply rose by 1,300,000 barrels per day while demand only increased by 700,000
			 barrels per day; but
					(B)the price of
			 Texas light sweet crude rose by over 12 percent;
					(9)on November 3,
			 2011, Gary Gensler, the Chairman of the Commodity Futures Trading Commission
			 testified before the Senate Permanent Subcommittee on Investigations that
			 80 to 87 percent of the [oil futures] market is dominated by
			 financial participants, swap dealers, hedge funds, and other
			 financials, a figure that has more than doubled over the past
			 decade;
				(10)excessive oil
			 and gasoline speculation is creating major market disturbances that prevent the
			 market from accurately reflecting the forces of supply and demand; and
				(11)the Commodity
			 Futures Trading Commission has a responsibility—
					(A)to ensure that
			 the price discovery for oil and gasoline accurately reflects the fundamentals
			 of supply and demand; and
					(B)to take immediate
			 action to implement strong and meaningful position limits to regulated exchange
			 markets to eliminate excessive oil speculation.
					(b)ActionsNot
			 later than 14 days after the date of enactment of this Act, the Commodity
			 Futures Trading Commission shall use the authority of the Commission (including
			 emergency powers)—
				(1)to curb
			 immediately the role of excessive speculation in any contract market within the
			 jurisdiction and control of the Commission, on or through which energy futures
			 or swaps are traded; and
				(2)to eliminate
			 excessive speculation, price distortion, sudden or unreasonable fluctuations,
			 or unwarranted changes in prices, or other unlawful activity that is causing
			 major market disturbances that prevent the market from accurately reflecting
			 the forces of supply and demand for energy commodities.


		I
		112th CONGRESS
		1st Session
		H. R. 2341
		IN THE HOUSE OF REPRESENTATIVES

			June 23, 2011
			Ms. Linda T. Sánchez of
			 California (for herself, Mr. Braley of
			 Iowa, Ms. DeLauro,
			 Ms. Edwards,
			 Mr. Filner,
			 Mr. Grijalva,
			 Mr. Gutierrez,
			 Mr. Hastings of Florida,
			 Mr. Honda,
			 Mr. Kildee,
			 Mr. Langevin,
			 Mr. McGovern,
			 Mr. Michaud,
			 Ms. Moore,
			 Mr. Pascrell,
			 Mr. Perlmutter,
			 Ms. Pingree of Maine,
			 Ms. Richardson,
			 Ms. Roybal-Allard,
			 Ms. Schakowsky,
			 Ms. Sutton, and
			 Mr. Wu) introduced the following bill;
			 which was referred to the Committee on
			 Energy and Commerce, and in addition to the Committee on
			 Education and the
			 Workforce, 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 Fair Labor Standards Act with regard to
		  certain exemptions under that Act for direct care workers and to improve the
		  systems for the collection and reporting of data relating to the direct care
		  workforce, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Direct Care Job Quality Improvement Act of
			 2011.
		2.FindingsCongress finds that—
			(1)direct care workers are the linchpin of the
			 Nation’s paid long-term care system, providing essential care and daily living
			 services to many of the approximately 10 million Americans who are elderly or
			 live with disabilities;
			(2)over two-thirds of
			 older adults will need some form of long-term care at some point in their lives
			 and by 2020, 15 million Americans are expected to need such care;
			(3)the ability to
			 meet the Nation’s need for long-term care services and supports depends largely
			 on a strong, stable direct care workforce;
			(4)the United States
			 faces an impending shortage of qualified direct care workers to provide
			 personal and long-term care and support services;
			(5)direct care work
			 is demanding, working conditions are often difficult, and turnover is high
			 because of low pay, lack of access to health insurance and other benefits,
			 inadequate training, limited opportunities for advancement, and lack of
			 respect;
			(6)direct care
			 workers are often underpaid: 45 percent of direct care workers live at or below
			 the poverty level, and nearly half live in households that receive one or more
			 public benefits (such as food stamps or Medicaid);
			(7)the average annual
			 income for direct care workers is $17,000, and more than 1 in 4 of such workers
			 lack health insurance; and
			(8)State management
			 information systems are rarely designed to gather and report basic information
			 about the direct care workforce that could be used assess workforce challenges
			 or monitor changes in the direct care workforce over time.
			3.Limitation to
			 exemption under the Fair Labor Standards Act
			(a)Home Care
			 WorkersSection 13(a)(15) of
			 the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amended to read
			 as follows:

					(15)any employee employed on a casual basis in
				domestic service employment to provide babysitting services or any employee
				employed on a casual basis in domestic service employment to provide
				companionship services for individuals who (because of age, infirmity, or
				disability) are unable to care for themselves (as such terms are defined and
				delimited by regulations of the
				Secretary);
					.

			(b)DefinitionSection
			 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding
			 at the end the following:

					(z)The term casual basis in domestic
				service employment to provide companionship services means employment
				which is irregular or intermittent, and which is not performed by an
				individual—
						(1)whose vocation is the provision of
				companionship services; or
						(2)who is employed by
				an employer or agency other than the family or household using their services.
						Employment is not on a casual basis
				if any family or household employer employs an individual performing
				companionship services for more than five (5) hours per week or has employed
				the individual for a time period that has extended beyond twelve (12) weeks in
				a calendar
				year..
			4.Long-term
			 services and supports
			(a)Direct care
			 workforce monitoring program
				(1)In
			 generalThe Secretary of Health and Human Services, in
			 cooperation with the heads of other relevant departments, shall develop a
			 program to monitor the capacity and adequacy of the direct care workforce in
			 all relevant, as determined by the Secretary, Federal healthcare programs (as
			 defined under section 1128B(f) of the Social Security Act (42 U.S.C.
			 1320a–7b(f)).
				(2)Monitoring and
			 evaluationUnder the program
			 under
			 paragraph (1), the Secretary shall
			 monitor and evaluate—
					(A)the quality of
			 services provided by direct care workers through Federal healthcare programs,
			 including in home and community-based settings and in long-term care settings;
			 and
					(B)the adequacy of
			 the direct care workforce to provide services through such programs,
			 including—
						(i)the
			 stability of such workforce, including turnover rates;
						(ii)an
			 evaluation of geographic variation in the adequacy of such workforce;
			 and
						(iii)the adequacy of
			 such workforce to meet the current and future demand for long-term services and
			 supports under such programs.
						(3)Data
			 sharingFor purposes of
			 improving the adequacy of the direct care workforce and quality of services
			 provided by such workforce through Federal healthcare programs, the Secretary
			 shall—
					(A)facilitate the
			 sharing of data on such workforce between relevant Federal departments and
			 between States;
					(B)prepare
			 cross-State comparisons of such data and share such comparisons with States;
			 and
					(C)share with States and Federal departments
			 best practices for developing an adequate workforce that provides high quality
			 direct care services.
					(b)Reporting on
			 workforce adequacy under Medicaid
				(1)In
			 generalSection 1902(a) of the Social Security Act (42 U.S.C.
			 1396a(a)) is amended—
					(A)by striking
			 and at the end of paragraph (82);
					(B)by striking the
			 period at the end of paragraph (83) and inserting ; and;
			 and
					(C)by inserting the
			 following after paragraph (83):

							(84)provide that the State shall submit to the
				Secretary an annual report that, with respect to both the current and future
				needs of individuals who are enrolled in the State plan for long term care
				services and supports, details the capacity and adequacy of the direct care
				workforce (as such term is defined in subsection (ll)) in the State (including
				specifying the number of full-time and part-time direct care workers, the
				turnover rate for such workers, the number of vacancies for such workers, the
				average wage for such workers; the typical benefits package offered to such
				workers, and any other types of data related to the direct care workforce in
				the State that the Secretary
				requires).
							.
					(2)Definitions and
			 exception from waiverSection
			 1902 of the Social Security Act is further amended by adding at the end the
			 following:

						(ll)Direct care
				workers
							(1)DefinitionsFor purposes of this subsection and
				subsection (a)(84):
								(A)Direct care
				workerThe term direct
				care worker has the meaning given each of the following terms in the
				2010 Standard Occupational Classifications of the Department of Labor: Home
				Health Aides [31–1011], Psychiatric Aides [31–1013], Nursing Assistants
				[31–1014], and Personal Care Aides [39–9021].
								(B)Direct care
				workforceThe term
				direct care workforce means the workforce made up of direct care
				workers.
								(2)Exemption from
				waiverIn the case of any
				State which is providing medical assistance to its residents under a waiver
				granted under section 1115 or section 1915, the Secretary shall require the
				State submit the report required under subsection (a)(84) in the same manner as
				the State would be required to submit such report if the State had in effect a
				plan approved under this
				title.
							.
				(3)Effective
			 date
					(A)In
			 generalExcept as provided in
			 subparagraph (B), the amendments made by this subsection shall take effect 6
			 months after the date of the enactment of this Act.
					(B)Rule for changes
			 requiring State legislationIn the case of a State plan for
			 medical assistance under title XIX of the Social Security Act which the
			 Secretary of Health and Human Services determines requires State legislation
			 (other than legislation appropriating funds) in order for the plan to meet the
			 additional requirement imposed by the amendments made by this subsection, the
			 State plan shall not be regarded as failing to comply with the requirements of
			 such title solely on the basis of its failure to meet this additional
			 requirement before the first day of the first calendar quarter beginning after
			 the close of the first regular session of the State legislature that begins
			 after the date of the enactment of this Act. For purposes of the previous
			 sentence, in the case of a State that has a 2-year legislative session, each
			 year of such session shall be deemed to be a separate regular session of the
			 State legislature.
					5.Prioritizing
			 analysis by National Health Care Workforce Commission
			(a)Additional high
			 priority areaSubparagraph (A) of section 5101(d)(4) of the
			 Patient Protection and Affordable Care Act (42 U.S.C. 294q(d)(4)) is amended by
			 adding at the end the following:

					(vi)With respect to the direct care
				workforce—
						(I)a review of current and projected workforce
				supply and demand, including a review of workforce size, employment settings,
				turnover, compensation, and benefits;
						(II)an analysis of the adequacy of existing
				workforce data, data collection, and monitoring infrastructure; and
						(III)recommendations
				for new or additional uniform data elements across regions and States that are
				necessary to track workforce supply, demand, and
				shortages.
						.
			(b)ApplicationThe amendment made by paragraph (1) applies
			 beginning with the reports required by section 5101(d)(2) of the Patient
			 Protection and Affordable Care Act (42 U.S.C. 294q(d)(2)) for 2011.
			6.Grants and
			 technical assistance for data collection and monitoring
			(a)In
			 generalThe Secretary of Health and Human Services shall award
			 grants to States, Indian tribes, and tribal organizations for the purpose of
			 developing comprehensive data collection and monitoring systems to assess the
			 adequacy and stability of the direct care workforce of the State or Indian
			 tribe, as applicable, to meet current and future demand for long-term services
			 and supports.
			(b)Use of
			 fundsA State, Indian tribe, or tribal organization receiving a
			 grant under
			 subsection (a) shall use the grant
			 for—
				(1)an assessment of
			 current data sources and data gaps on the volume, stability, and compensation
			 of the State or tribe’s direct care workforce across all settings and
			 programs;
				(2)consultation with all agencies of the
			 State, Indian tribe, or tribal organization that collect data on the direct
			 care workforce, or data on programs under which services are provided in
			 connection with the direct care workforce, in order to streamline data
			 collection;
				(3)the development of
			 an implementation plan for establishing a comprehensive and ongoing program for
			 monitoring the volume, stability, and compensation of the direct care
			 workforce;
				(4)the implementation
			 of such program;
				(5)the sharing of information on best
			 practices on data collection and monitoring with other States, Indian tribes,
			 or tribal organizations; and
				(6)the formulation of
			 recommendations for appropriate steps to reduce State, local, or tribal
			 barriers to comprehensive direct care workforce data collection and monitoring
			 systems, including any necessary changes in State, local, or tribal
			 policies.
				(c)Distribution of
			 grants
				(1)Number of
			 grantsIn carrying out
			 subsection (a) the Secretary shall award
			 grants to not fewer than 5 States each year.
				(2)Geographic and
			 demographic diversityIn
			 selecting grant recipients under
			 subsection (a), the Secretary shall ensure
			 that grants are awarded to a diversity of grantees in terms of geography and
			 demographics.
				(3)PreferenceIn
			 selecting grant recipients under
			 subsection (a), the Secretary shall give
			 preference to States, Indian tribes, and tribal organizations with a relatively
			 higher percentage of residents who require publicly financed long-term
			 services.
				(d)ApplicationTo apply for a grant under this section, an
			 entity shall submit an application to the Secretary in such form, in such
			 manner, and containing such information as the Secretary may require. At a
			 minimum, each such application shall include a description of the activities
			 for which funds are sought and a budget for use of the funds.
			(e)Technical
			 assistanceThe Secretary
			 shall provide technical assistance to States, Indian tribes, and tribal
			 organizations to develop comprehensive data collection and monitoring systems
			 to assess the adequacy and stability of the State’s direct care workforce under
			 subsection (b)(1).
			(f)State
			 definedFor purposes of this section:
				(1)Subject to
			 paragraph (2), the term
			 State means any of the 50 States, the District of Columbia, Puerto
			 Rico, Guam, the United States Virgin Islands, American Samoa, and the
			 Commonwealth of the Northern Mariana Islands.
				(2)The term
			 State includes, in lieu of any State listed in
			 paragraph (1), an entity designated by
			 such State to apply for a grant under this section.
				(g)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as may be necessary to carry out this section for each of fiscal years 2012
			 through 2016.
			7.Direct care
			 worker recruitment, retention, and education grant program
			(a)In
			 generalThe Secretary shall
			 award grants on a competitive basis to States and other eligible entities for
			 the purpose of improving the recruitment, retention, and education of direct
			 care workers.
			(b)Use of
			 fundsA State or other eligible entity receiving a grant under
			 subsection (a) shall use the grant to—
				(1)establish, expand,
			 or upgrade training programs and infrastructure for direct care workers;
				(2)establish or
			 expand recruitment and retention programs for direct care workers, including
			 initiatives which—
					(A)improve the wages
			 and benefits offered to direct care workers; and
					(B)create and
			 implement career ladders for such workers; and
					(3)develop or expand
			 programs that—
					(A)promote the role
			 of direct care workers in new cost-effective models of providing services to
			 persons with disabilities and to persons with chronic health conditions and
			 other extended support needs; and
					(B)include approaches
			 such as remote monitoring, wellness, and prevention.
					(c)DiversityIn
			 selecting grant recipients under
			 subsection (a), the Secretary shall ensure
			 that grants are awarded to States or other eligible entities in a manner that
			 ensures that grant funds are used to enhance the direct care workforce—
				(1)in urban and rural
			 communities; and
				(2)that serves a
			 diverse patient population, including with respect to—
					(A)age;
					(B)income
			 level;
					(C)race and
			 ethnicity; and
					(D)disability
			 status.
					(d)Grant
			 periodThe Secretary—
				(1)may award grants
			 under this section for periods of not more than 3 years; and
				(2)may extend the
			 period of a grant under this section by not more than 3 years.
				(e)ApplicationTo
			 apply for a grant under this section, an entity shall submit an application to
			 the Secretary in such form, in such manner, and containing such information as
			 the Secretary may require.
			(f)Baseline
			 measures and benchmarksAs a condition on the receipt of a grant
			 under this section, the Secretary shall require each grantee to establish
			 baseline measures and benchmarks (meeting such requirements as the Secretary
			 may determine) in order to properly evaluate the impact of the work performed
			 by the grantee through the grant.
			(g)Supplement, not
			 supplantThe Secretary shall ensure that amounts provided to a
			 grantee under this section are used to supplement and not supplant other
			 Federal, State, or local public funds expended to improve the recruitment,
			 retention, and education of the direct care workforce.
			(h)Termination
			 authorityThe Secretary may terminate a grant agreement under
			 this section for good cause. Such good cause shall include a determination that
			 the grantee—
				(1)has
			 misappropriated funds provided under this section; or
				(2)has failed to make
			 adequate progress toward accomplishing any benchmark established pursuant to
			 subsection (f).
				(i)Reports and
			 auditsAs a condition on the receipt of a grant under this
			 section, the Secretary shall require each grantee to agree—
				(1)to report to the
			 Secretary on the activities carried out with the grant, including, at the
			 request of the Secretary, periodic spending reports; and
				(2)to allow the
			 Secretary to conduct periodic audits pertaining to funding received through the
			 grant.
				(j)Eligible
			 entityFor purposes of this section, the term eligible
			 entity means—
				(1)a State or
			 political subdivision of a State; or
				(2)any organization,
			 including a labor-management partnership, that is committed to carrying out the
			 activities set forth in subsection (b), whether in cooperation with a State, on
			 its own initiative, or in partnership with any other organization.
				8.Reports by
			 SecretaryNot later than 3
			 years after the date of awarding the first grant under section 6 or section 7,
			 the Secretary of Health and Human Services shall prepare and submit to the
			 Congress a report that describes the effectiveness of grants awarded under such
			 sections in achieving the purposes of such grants, including the effectiveness
			 of the programs funded by such grants in reducing turnover rates in the direct
			 care workforce.
		9.DefinitionsFor purposes of this Act:
			(1)Direct care
			 workerThe term direct
			 care worker has the meaning given each of the following terms in the
			 2010 Standard Occupational Classifications of the Department of Labor: Home
			 Health Aides [31–1011], Psychiatric Aides [31–1013], Nursing Assistants
			 [31–1014], and Personal Care Aides [39–9021].
			(2)Direct care
			 workforceThe term
			 direct care workforce means the workforce made up of direct care
			 workers.
			(3)SecretaryThe
			 term Secretary means the Secretary of Health and Human Services.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1698
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Ms. Eddie Bernice Johnson of
			 Texas (for herself, Ms.
			 Watson, Mr. Holt,
			 Mr. Carnahan, and
			 Ms. Baldwin) submitted the following
			 resolution; which was referred to the Committee on Foreign
			 Affairs

		RESOLUTION
		Recognizing the myriad contributions of
		  female ambassadors and members of the Foreign Service to help build a more
		  free, prosperous, and secure world.

		Whereas women have risen to the highest levels of
			 leadership in the Department of State since they were allowed into the United
			 States diplomatic corps in 1922;
		Whereas gender diversity among international leaders
			 contributes to a more comprehensive and versatile approach to conflict
			 resolution;
		Whereas the responsibilities of peacemaking and
			 peacekeeping cannot be left to one gender, institution, or political
			 party;
		Whereas women in these positions frequently choose to
			 bring attention to important issues including poverty, discrimination,
			 education, and health; and
		Whereas women diplomats furthermore have a unique
			 opportunity to highlight the potential for women to be the agents of the
			 socioeconomic change that is necessary for lasting peace: Now, therefore, be
			 it

		That the House of Representatives
			 recognizes the myriad contributions of female ambassadors and members of the
			 Foreign Service to help build a more free, prosperous, and secure world.