SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Price Reduction and Refinery Tax Fairness Act of 2004''. SEC. 2. POLICY. It is the policy of the United States to take all actions necessary in the areas of conservation, efficiency, alternative sources, technology development, and domestic production to reduce the United States dependence on foreign energy sources by January 1, 2014, to 45 percent of the Nation's total energy needs. SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(24) Oil and gas exploration and production.--The term `oil and gas exploration, production, processing, or treatment operations or transmission facilities' means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.''. SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION. (a) Establishment.--The President shall establish the Office of Federal Energy Project Coordination (referred to in this section as the ``Office'') within the Executive Office of the President in the same manner and with the same mission as the White House Energy Projects Task Force established by Executive Order No. 13212 (42 U.S.C. 13201 note). (b) Staffing.--The Office shall be staffed by functional experts from relevant Federal agencies on a nonreimbursable basis to carry out the mission of the Office. (c) Report.--The Office shall transmit an annual report to Congress that describes the activities put in place to coordinate and expedite Federal decisions on energy projects. The report shall list accomplishments in improving the Federal decisionmaking process and shall include any additional recommendations or systemic changes needed to establish a more effective and efficient Federal permitting process. SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES. (a) Review of Onshore Oil and Gas Leasing Practices.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of Agriculture with respect to National Forest System lands under the jurisdiction of the Department of Agriculture, shall perform an internal review of current Federal onshore oil and gas leasing and permitting practices. (2) Inclusions.--The review shall include the process for-- (A) accepting or rejecting offers to lease; (B) administrative appeals of decisions or orders of officers or employees of the Bureau of Land Management with respect to a Federal oil or gas lease; (C) considering surface use plans of operation, including the timeframes in which the plans are considered, and any recommendations for improving and expediting the process; and (D) identifying stipulations to address site- specific concerns and conditions, including those stipulations relating to the environment and resource use conflicts. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall transmit a report to Congress that describes-- (1) actions taken under section 3 of Executive Order No. 13212 (42 U.S.C. 13201 note); and (2) actions taken or any plans to improve the Federal onshore oil and gas leasing program. SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS. (a) Timely Action on Leases and Permits.--To ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (in this section referred to as the ``Secretary'') shall-- (1) ensure expeditious compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); (2) improve consultation and coordination with the States and the public; and (3) improve the collection, storage, and retrieval of information relating to the leasing activities. (b) Best Management Practices.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall develop and implement best management practices to-- (A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. (2) Considerations.--In developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 5. (3) Regulations.--Not later than 180 days after the development of best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the practices, including deadlines for-- (A) approving or disapproving resource management plans and related documents, lease applications, and surface use plans; and (B) related administrative appeals. (c) Improved Enforcement.--The Secretary shall improve inspection and enforcement of oil and gas activities, including enforcement of terms and conditions in permits to drill. (d) Authorization of Appropriations.--In addition to amounts authorized to be appropriated to carry out section 17 of the Mineral Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to the Secretary for each of fiscal years 2005 through 2008-- (1) $40,000,000 to carry out subsections (a) and (b); and (2) $20,000,000 to carry out subsection (c). SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on-- (1) public lands under the jurisdiction of the Secretary of the Interior; and (2) National Forest System lands under the jurisdiction of the Secretary of Agriculture. (b) Contents.--The memorandum of understanding shall include provisions that-- (1) establish administrative procedures and lines of authority that ensure timely processing of oil and gas lease applications, surface use plans of operation, and applications for permits to drill, including steps for processing surface use plans and applications for permits to drill consistent with the timelines established by the amendment made by section 10; (2) eliminate duplication of effort by providing for coordination of planning and environmental compliance efforts; and (3) ensure that lease stipulations are-- (A) applied consistently; (B) coordinated between agencies; and (C) only as restrictive as necessary to protect the resource for which the stipulations are applied. (c) Data Retrieval System.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint data retrieval system that is capable of-- (A) tracking applications and formal requests made in accordance with procedures of the Federal onshore oil and gas leasing program; and (B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture. (2) Resource mapping.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall establish a joint Geographic Information System mapping system for use in-- (A) tracking surface resource values to aid in resource management; and (B) processing surface use plans of operation and applications for permits to drill. SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL LAND. (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C. 6217) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``reserve''; and (ii) by striking ``and'' after the semicolon; and (B) by striking paragraph (2) and inserting the following: ``(2) the extent and nature of any restrictions or impediments to the development of the resources, including-- ``(A) impediments to the timely granting of leases; ``(B) post-lease restrictions, impediments, or delays on development for conditions of approval, applications for permits to drill, or processing of environmental permits; and ``(C) permits or restrictions associated with transporting the resources for entry into commerce; and ``(3) the quantity of resources not produced or introduced into commerce because of the restrictions.''; (2) in subsection (b)-- (A) by striking ``reserve'' and inserting ``resource''; and (B) by striking ``publically'' and inserting ``publicly''; and (3) by striking subsection (d) and inserting the following: ``(d) Assessments.--Using the inventory, the Secretary of Energy shall make periodic assessments of economically recoverable resources accounting for a range of parameters such as current costs, commodity prices, technology, and regulations.''. (b) Methodology.--The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources. SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE. (a) Requirement.--The head of each Federal agency shall require that before the Federal agency takes any action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, the Federal agency taking the action shall comply with Executive Order No. 13211 (42 U.S.C. 13201 note). (b) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall publish guidance for purposes of this section describing what constitutes a significant adverse effect on the supply of domestic energy resources under Executive Order No. 13211 (42 U.S.C. 13201 note). (c) Memorandum of Understanding.--The Secretary of the Interior and the Secretary of Agriculture shall include in the memorandum of understanding under section 7 provisions for implementing subsection (a) of this section. SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(p) Deadlines for Consideration of Applications for Permits.-- ``(1) In general.--Not later than 10 days after the date on which the Secretary receives an application for any permit to drill, the Secretary shall-- ``(A) notify the applicant that the application is complete; or ``(B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. ``(2) Issuance or deferral.--Not later than 30 days after the applicant for a permit has submitted a complete application, the Secretary shall-- ``(A) issue the permit; or ``(B)(i) defer decision on the permit; and ``(ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued. ``(3) Requirements for deferred applications.-- ``(A) In general.--If the Secretary provides notice under paragraph (2)(B)(ii), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the Secretary, including providing information needed for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Issuance of decision on permit.--If the applicant completes the requirements within the period specified in subparagraph (A), the Secretary shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A). ``(C) Denial of permit.--If the applicant does not complete the requirements within the period specified in subparagraph (A), the Secretary shall deny the permit. ``(q) Report.--On a quarterly basis, each field office of the Bureau of Land Management and the Forest Service shall transmit to the Secretary of the Interior or the Secretary of Agriculture, respectively, a report that-- ``(1) specifies the number of applications for permits to drill received by the field office in the period covered by the report; and ``(2) describes how each of the applications was disposed of by the field office.''. SEC. 11. ENVIRONMENTAL REGULATIONS. In issuing any rule or order relating to gasoline production and distribution, a Federal agency shall include a detailed analysis of the effects the rule or order would have on gasoline supply. Each Federal agency shall seek to ensure that no such rule or order is issued that will increase United States dependence on foreign sources of oil. SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) any refinery machinery.''. (b) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (B)(iii) the following new item: ``(B)(vii).................................................. 10''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004. SEC. 13. REFINERY PERMITTING PROCESS. Each Federal agency with authority to approve or disapprove actions affecting the siting or operation of United States refineries shall, within 180 days after receiving an application for such approval, either provide the approval or notify the applicant of the reasons for rejection along with an explanation of what steps would be necessary to obtain approval.

Summary: Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define "oil and gas exploration, production, processing, or treatment operations or transmission facilities" as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President. Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices; and (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands; and (2) establish a joint data retrieval system and a joint Geographic Information System mapping system. Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands. Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects. Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases. Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase U.S. dependence on foreign sources of oil. Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery. Requires each Federal agency with the authority to do so to approve or disapprove (with specified explanations) within 180 days of its receipt any application for approval of an action affecting the siting or operation of U.S. refineries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act'' or the ``DRAIN the SWAMP Act''. SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL APPOINTEES. (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.-- (1) In general.--Section 207 of title 18, United States Code, is amended by striking subsections (c) and (d) and inserting the following: ``(c) Restrictions on Senior Personnel of the Executive Branch and Independent Agencies.-- ``(1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who is a political appointee of the executive branch of the United States (including an independent agency), and who, within 5 years after the termination of his or her service or employment as such a political appointee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(2) Political appointee.--The term `political appointee' means an individual who is-- ``(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(3) Waiver.--At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in paragraph (2) in such department or agency if the Director determines that-- ``(A) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions; and ``(B) granting the waiver would not create the potential for use of undue influence or unfair advantage.''. (2) Conforming amendments.--Section 207 of such title is amended-- (A) in subsection (f)(1), by striking ``subsection (c), (d), or (e)'' and inserting ``subsection (c) or (e)''; (B) in subsection (h)(2), by striking ``subsection (c)(2)(A)(i) or (iii)'' and inserting ``subsection (c)(2)(A) or (C)''; and (C) in subsection (i)(1)(A), by striking ``subsections (a), (c), and (d)'' and inserting ``subsections (a) and (c)''. (b) Lifetime Ban on Serving as Agent of Foreign Government.-- (1) Registration as agent.--The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the end the following new section: ``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES. ``(a) Prohibition.--No individual may register under this Act or otherwise serve as the agent of a foreign principal if the individual at any time served as a political appointee (as defined in subsection (b)). ``(b) Political Appointee.--The term `political appointee' means an individual who is-- ``(1) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(2) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(3) employed in a position of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. (2) Other representation as foreign entity.--Section 207(f)(1)(A) of title 18, United States Code, is amended by inserting after ``within 1 year'' the following: ``(or, in the case of a person who is subject to the restrictions contained in subsection (c), at any time)''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to any individual whose service as a political appointee terminates on or after the date of the enactment of this Act. (2) Definition.--In paragraph (1), the term ``political appointee'' has the meaning given such term in section 207(c)(2) of title 18, United States Code (as amended by subsection (a)(1)), and section 12(b) of the Foreign Agents Registration Act of 1938 (as added by subsection (b)(1)).

Summary: Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department. The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.


SECTION 1. FINDINGS. Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. (3) There exists no Federal law clarifying the rights of a vehicle owner to ownership of the recorded data and, in the absence of Federal direction, States have begun to create different standards of ownership and rights for recorded data. SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES. (a) Required Disclosure.--In accordance with regulations prescribed by the Federal Trade Commission under section 5(c), a dealer shall disclose, to each consumer who purchases a new automobile, in a clear and conspicuous written format at the time of purchase, the following information regarding any event data recorder installed on such new automobile-- (1) the presence and location of an event data recorder; (2) the type of information recorded by the event data recorder and how such information is recorded; and (3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding. (b) Required Disclosures in Owner's Manual.--The manufacturer shall include, in clear and conspicuous language in the owner's manual of any new automobile containing an event data recorder, the disclosures required by subsection (a). SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA. Any event data recorder in the vehicle and any data recorded on any event data recorder in the vehicle shall be considered the property of the owner of the vehicle. Data that is recorded on any event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle, except under one of the following circumstances: (1) The owner of the motor vehicle or the owner's agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a motor vehicle dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the motor vehicle. (4) For the purpose of improving motor vehicle safety, including medical research on the human body's reaction to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved data. SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES. No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2008 (and bearing a model year of 2009 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer has the option to enable or disable the recording function of the event data recorder. Once disabled, the recording function shall not resume functioning until the consumer elects to enable such functioning. SEC. 5. ENFORCEMENT. (a) Treatment of Violations as Unfair or Deceptive Acts or Practices.--A violation of section 2, 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Authority.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rulemaking.--Within 180 days following the enactment of this Act, the Federal Trade Commission shall prescribe regulations to carry out this Act, including guidelines setting forth a uniform method by which a dealer may provide the disclosures and options required by section 2. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``consumer'' has the meaning given the term ``ultimate purchaser'' in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term ``event data recorder'' means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms ``manufacturer'' and ``new automobile'' have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). SEC. 7. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.

Summary: Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile; and (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings. Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent; (2) in response to a court order; (3) by a vehicle dealer or an automotive technician for servicing the vehicle; or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed. Prohibits persons from manufacturing automobiles for sale in the United States after 2008 (bearing a model year of 2009 or later) that are equipped with EDRs, unless those EDRs can be disabled by the consumer. Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stabilize Medicaid and CHIP Coverage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children's Health Insurance Program (in this section referred to as ``CHIP''), but subsequently lose their coverage, despite still being eligible, because of inefficient and cumbersome paperwork and logistical requirements. (2) Data show that the typical enrollee receives Medicaid coverage for about three-quarters of a year. Coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruptions are more likely to be hospitalized for illnesses like asthma, diabetes, or cardiovascular disease that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a one- year period, over one-third of CHIP enrollees were also enrolled in a State's Medicaid program. Transitions between Medicaid and CHIP can cause disruptions in care because the health care coverage and participating providers vary between the two programs. (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. Unnecessary enrollment, disenrollment, and reenrollment in Medicaid and CHIP result in higher administrative expenses for re-enrollment and result in more people uninsured at any given time. (6) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. (7) Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. SEC. 3. 12-MONTH CONTINUOUS ENROLLMENT. (a) Requirement of 12-Month Continuous Enrollment Under Medicaid.-- Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)(12)) is amended to read as follows: ``(12) 12-month continuous enrollment.--Notwithstanding any other provision of this title, a State plan approved under this title (or under any waiver of such plan approved pursuant to section 1115 or section 1915), shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends.''. (b) Requirement of 12-Month Continuous Enrollment Under CHIP.-- (1) In general.--Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: ``(6) Requirement for 12-month continuous enrollment.-- Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends.''. (2) Conforming amendment.--Section 2105(a)(4)(A) of the Social Security Act (42 U.S.C. 1397ee(a)(4)(A)) is amended-- (A) by striking ``has elected the option of'' and inserting ``is in compliance with the requirement for''; and (B) by striking ``applying such policy under its State child health plan under this title'' and inserting ``in compliance with section 2102(b)''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the respective plan to meet the additional requirement imposed by the amendment made by subsection (a) or (b), respectively, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such applicable 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 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 the session is considered to be a separate regular session of the State legislature. (3) Option to implement 12-month continuous eligibility prior to effective date.--A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.) to apply the amendment made by subsection (a) or (b), respectively, on any date prior to the 18-month date specified in paragraph (1), but not sooner than the date of the enactment of this Act.

Summary: Stabilize Medicaid and CHIP Coverage Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require a state Medicaid plan to provide 12-month continuous enrollment for an eligible individual, regardless of age. Amends SSA title XXI (State Children's Health Insurance) (CHIP) to require a state CHIP plan also to provide 12-month continuous enrollment for an eligible individual.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran's efforts to achieve a nuclear weapons capability. (2) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Statement of Policy.--It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20,000,000 in Iran's energy sector. (b) Authority to Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment Activities in Iran Described.--A person engages in investment activities in Iran described in this subsection if the person-- (1) has an investment of $20,000,000 or more in the energy sector of Iran; (2) provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or (3) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran. (d) Requirements.--The requirements referred to in subsection (b) that a measure taken by a State or local government must meet are the following: (1) Notice.--The State or local government shall provide written notice to each person to whom the State or local government, as the case may be, intends to apply the measure, of such intent. (2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which the person receives the written notice required by paragraph (1). (3) Opportunity for hearing.--The State or local government shall provide each person referred to in paragraph (1) with an opportunity to demonstrate to the State or local government, as the case may be, that the person does not engage in investment activities in Iran described in subsection (c). If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) Sense of the congress on avoiding erroneous targeting.--It is the sense of the Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit to the Attorney General of the United States a written notice which describes the measure. (f) Nonpreemption.--A measure of a State or local government authorized under subsection (b), or described in subsection (i), is not preempted by any Federal law or regulation. (g) Definitions.--In this section: (1) Investment.--The ``investment'' of assets, with respect to a State or local government, includes-- (A) a commitment or contribution of assets; (B) a loan or other extension of credit; or (C) the entry into or renewal of a contract for goods or services. (2) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled directly or indirectly by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (h) Effective Date.-- (1) In general.--Except as provided in paragraph (2) of this subsection and subsection (i), this section shall apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (2) Notice requirements.--Subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. (i) Authorization for Prior Enacted Measures.--Notwithstanding any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d)) adopted by the State or local government before the date of the enactment of this Act that provides for the divestiture of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment or business activities in Iran (determined without regard to subsection (c)) identified in the measure. SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as follows: ``(1) In general.--Solely for purposes of this subsection, and notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that the investment company determines, using credible information that is available to the public, conduct or have direct investments in business operations in Sudan described in section 3(d) of the Sudan Accountability and Divestment Act of 2007 or engage in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Nothing in this paragraph shall be construed to create, imply, diminish, change, or affect in any way the existence of a private cause of action under any other provision of this Act.''. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(e) No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title for divesting plan assets from, or avoiding investing plan assets in, persons that are determined by such person, using credible information that is available to the public, to be engaged in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009. Any divestiture of plan assets from, or avoidance of investing plan assets in, persons that are so determined to be engaged in such investment activities shall be treated as in accordance with this title and the documents and instruments governing the plan.''. SEC. 6. DEFINITIONS. In this title: (1) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources or nuclear power. (2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran. (4) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent company, or subsidiary of, or company under common ownership or control with, any entity described in subparagraph (A) or (B). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 7. SUNSET. This Act shall terminate 30 days after the date on which the President has certified to the Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; or (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. Passed the House of Representatives October 14, 2009. Attest: LORRAINE C. MILLER, Clerk.

Summary: Iran Sanctions Enabling Act of 2009 - (Sec. 3) States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector; or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector. Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities. Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation. (Sec. 4) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran. (Sec. 7) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioterror and Pandemic Preparedness Protection Act''. SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND COUNTERMEASURES. Part B of title III of the Public Health Service Act is amended by inserting after section 319F-2 (42 U.S.C. 247d-6b) the following: ``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND SECURITY COUNTERMEASURES. ``(a) Authority.--The Secretary shall be solely and exclusively responsible for the administration of this section. This section shall apply with respect to the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of a security countermeasure or a qualified pandemic or epidemic product. ``(b) Litigation Management.-- ``(1) Federal cause of action.-- ``(A) In general.--There shall exist an exclusive Federal cause of action for all claims arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, and use of a qualified pandemic or epidemic product or a security countermeasure as provided for in clauses (i) and (ii) of paragraph (2)(B). ``(B) Action.--With respect to the Federal cause of action provided in subparagraph (A)-- ``(i) an action may be commenced solely and exclusively against the United States for claims identified in subparagraph (A) that are against a manufacturer, distributor, or health care provider; ``(ii) no cause of action shall be maintained against a manufacturer, distributor, or health care provider for claims identified in subparagraph (A); and ``(iii) for products subject to designation by the Secretary as provided for in clause (ii) of paragraph (2)(B), the protections set forth in clauses (i) and (ii) shall apply to all claims identified in subparagraph (A) that involve products sold, purchased, donated, dispensed, or administered during the effective period set forth in the designation provided for in paragraph (2)(F), regardless of the date of alleged injury. ``(C) Jurisdiction.--The United States District Court for the District of Columbia shall have sole and exclusive jurisdiction over any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of a qualified pandemic or epidemic product or security countermeasure as provided for in clauses (i) and (ii) of paragraph (2)(B). ``(2) Affirmative defense.-- ``(A) In general.--There shall be a rebuttable presumption that the Federal Government is immune from liability in an action described in subparagraph (B). ``(B) Action described.--An action described in this subparagraph is an action that is commenced against the United States for claims arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of-- ``(i) a security countermeasure that has been procured for the National Strategic Stockpile under section 319F-2 or a qualified pandemic or epidemic product that has been procured by the Secretary; or ``(ii) a security countermeasure or qualified pandemic or epidemic product in anticipation of and preparation for, in defense against, or in response or recovery to an actual or potential public health emergency, that is a security countermeasure or is designated as a qualified pandemic or epidemic product by the Secretary after the Secretary declared a public health emergency as described in paragraph (1) or (2) of section 319(a). ``(C) Rebuttability.-- ``(i) In general.--The presumption described in subparagraph (A) shall be overcome by a determination by the Secretary as provided for in subparagraph (D). ``(ii) Investigation by secretary.--A party seeking a determination under subparagraph (D) may petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or health care provider arising out of, relating to, or resulting from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use of products as provided for in clauses (i) and (ii) of subparagraph (B). The decision to undertake such investigation shall be within the Secretary's discretion and shall not be subject to judicial review. ``(D) Determination by secretary.-- ``(i) In general.--In making a determination under this subparagraph, the Secretary must find clear and convincing evidence that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated a provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or this Act and such violation-- ``(I) caused the product to present a significant risk to health; and ``(II) proximately caused the injury alleged by the petitioner. ``(ii) Notice and hearing.--Prior to the Secretary's making a determination under clause (i), the manufacturer, distributor, dispenser, or health care provider shall have notice and a right to a formal hearing in accordance with section 556 of title 5, United States Code. ``(iii) Judicial review.--At any time prior to the 90th day following a determination by the Secretary under clause (i) of this subparagraph, any manufacturer, distributor, or health care provider who will be adversely affected by such determination may file a petition with the United States Court of Appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by the Secretary for that purpose. The Secretary thereupon shall file in the court the record of the findings on which the Secretary based his or her determination. The filing of a petition under this clause shall automatically stay the Secretary's determination for the duration of the judicial proceeding. The sole parties to the judicial proceeding shall be the Secretary and the petitioner. Intervention by third parties in the judicial proceeding shall not be permitted. No subpoenas shall be issued nor shall other compulsory process apply. The court's review of a determination by the Secretary under this clause shall conform to the procedures for judicial review of administrative orders set forth in paragraphs (2) through (6) of section 371(f) of title 21, United States Code, to the extent consistent with this section. ``(E) Scope.--The presumption under subparagraph (A) shall apply regardless of whether the claim against the United States arises from the design, development, clinical testing and investigation, manufacture, labeling, distribution, sale, purchase, donation, dispensing, administration, or use by the Federal Government or by non-Federal Government customers. ``(F) Designation.--In any declaration of a public health emergency under section 319, the Secretary shall identify the pandemic, epidemic, or biological, chemical, nuclear agent, or toxin that presents, or may present, a public health emergency and shall designate the security countermeasure(s) or qualified pandemic or epidemic product(s) to be sold by, purchased from, or donated by a manufacturer or drawn from the National Strategic Stockpile and shall specify in such designation the beginning and ending dates of such sale, purchase, donation, or use from the stockpile. The period so defined shall be the effective period of such qualification for any products specified in the designation. The declaration shall subsequently be amended to reflect any additional sale, purchase, or donation of products specified in the designation. ``(c) Definitions.--In this section: ``(1) Health care provider.--The term `health care provider' means a person, including a volunteer, who lawfully prescribes, administers, dispenses, or provides a facility to administer a security countermeasure or a qualified pandemic or epidemic product, including persons who prescribe, administer, or provide a facility to administer in accordance with a designation under subsection (b)(2)(F). ``(2) Loss.--The term `loss' means death, bodily injury, or loss of or damage to property, including business interruption loss. ``(3) Non-federal government customers.--The term `non- Federal Government customers' means any customer of a manufacturer that is not an agency or instrumentality for the United States Government with authority under Public Law 85-804 to provide for indemnification under certain circumstances for third-party claims against its contractors, including a State, a local authority, a private entity, a health care provider, or an individual. ``(4) Qualified pandemic or epidemic product.--The term `qualified pandemic or epidemic product' means a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as such term is defined by section 351(i) of this Act) or device (as such term is defined by section 201(h) of the Federal food, Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed, modified, or procured to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic or limit the harm such pandemic or epidemic might otherwise cause or a serious or life-threatening disease or condition caused by such a product, that-- ``(A) is approved or cleared under chapter V of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; ``(B) is a product for which the Secretary determines that sufficient and satisfactory clinical experience or research data (including data, if available, from pre-clinical and clinical trials) support a reasonable conclusion that the countermeasure will qualify for approval or licensing within 8 years after the date the Secretary declares a public health emergency as described in paragraph (1) or (2) of section 319(a); or ``(C) is authorized by the Secretary under this section, except that the Secretary may authorize under this section the emergency use of a product only if, after consultation with the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention (to the extent feasible and appropriate given the circumstances of the emergency involved), the Secretary concludes-- ``(i) that an agent or toxin identified in a declaration described under subsection (b) can cause a serious or life-threatening disease or condition; ``(ii) that, based on the totality of the scientific evidence available to the Secretary, including data from adequate and well- controlled clinical trials, if available, it is reasonable to believe that-- ``(I) the product may be effective in diagnosing, mitigating, preventing, treating or curing-- ``(aa) a pandemic or epidemic; or ``(bb) a serious or life- threatening disease or condition caused by a product; and ``(II) the known and potential benefits of the product, when used to diagnose, mitigate, prevent, treat or cure such disease or condition, outweigh the known and potential risks of the product; ``(iii) that there is no adequate, approved, and available alternative to the product for diagnosing, mitigating, preventing, treating or curing such disease or condition; and ``(iv) that such other criteria as the Secretary may by regulation prescribe are satisfied. ``(5) Security countermeasure.--The term `security countermeasure' has the meaning given such term in section 319F-2(c)(1)(B).''. SEC. 3. TECHNICAL AMENDMENT. Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d (a)(1)) is amended by inserting ``, or may present,'' after ``present''.

Summary: Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure. Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the U.S. District Court for the District of Columbia. Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile; (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services; or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency. Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation. Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk; and (2) proximately caused the injury alleged by the petitioner.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cleaning Product Right to Know Act of 2011''. SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning 1 year after the date of enactment of this Act, a cleaning product manufactured for sale, offered for sale, distributed in commerce, or imported to the United States after such date shall bear a label on the product's container or packaging with a complete and accurate list of all the product's ingredients, including the individual ingredients in dyes, fragrances, and preservatives. Ingredients shall be listed in accordance with the following: (1) Each ingredient shall be listed by the name assigned to it by the International Nomenclature of Cosmetic Ingredients. If there is no such name, by the name assigned to it by the International Union of Pure and Applied Chemistry. If there is no such name, the ingredient may be listed by its common chemical name. (2) Ingredients shall be listed in descending order of predominance in the product by weight, other than ingredients that constitute less than 1 percent of the product, which may be listed at the end in any order. (b) Exemptions.-- (1) Exemption for undetectable ingredients.--The Commission may exempt from the labeling requirement an ingredient that is present in a cleaning product at such low levels that detection of the ingredient in the product is not technologically feasible. (2) Exemption for ingredients constituting trade secrets.-- (A) In general.--An ingredient may be exempt from the labeling requirements of this section if the manufacturer demonstrates to the Commission that such ingredient is a trade secret, as determined by the Commission under subparagraph (D), based on a claim submitted by the manufacturer under subparagraph (B). An exemption for an ingredient under this paragraph shall be for a period of 5 years, after which the manufacturer may again submit a claim for an additional 5-year exemption. (B) Claims of trade secrecy.--A manufacturer making a claim that an ingredient is a trade secret shall file such claim with the Commission. Such claim shall contain-- (i) the identity of the person making the claim; (ii) a brief description of the information for which trade secret protection is being claimed; (iii) the period of time for which trade secret protection is claimed and a justification for the period selected; (iv) the extent to which the information is known by employees or others involved with the facility or business, and whether or not those individuals with knowledge are bound by non- disclosure agreements; (v) the extent to which the information is known outside of the facility or business of the person, and whether or not individuals with such knowledge are bound by non-disclosure agreements; (vi) the measures taken to restrict access to and safeguard the information, and whether or not the person plans to continue utilizing such measures; (vii) copies of, or references to, any pertinent confidentiality determinations previously made by any public agencies; (viii) the estimated dollar value of the claimed information to the person's facility or business, and to that person's competitors; (ix) the amount of effort or money expended by the person's facility or business in developing the information; (x) the ease or difficulty with which the information could be properly acquired, duplicated or reverse-engineered by others; (xi) a description of the nature and extent of substantial harm that would be caused if the information were made public, including an explanation of the causal relationship between disclosure and the harmful effects claimed; (xii) the signature of the person's general counsel or other executive with knowledge of the preparation of the substantiating information certifying under penalty of perjury, based upon the knowledge and belief of the signatory, that-- (I) the substantiating information is true, accurate, and complete; (II) the information for which trade secret protection is claimed is not otherwise publicly available; and (III) there is a reasonable basis to assert trade secret protection for the information so claimed; and (xiii) the name, mailing address, telephone number and email address of the individual to be contacted if any additional information is needed by the Commission to make a determination. (C) Limitation.--No ingredient may be claimed as a trade secret if such ingredient-- (i) is publicly know to be in the product; (ii) can be discovered through a standard process of reverse engineering; (iii) is a hazardous substance within the meaning of section 2(f) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)); or (iv) is a substance-- (I) meeting the criteria for category 1 or category 2 for any of the toxicity endpoints established by the Globally Harmonized System for the Classification and Labeling of Hazardous Substances that causes an adverse effect that has been demonstrated in humans or other exposed organisms; or (II) for which the weight of evidence (such as demonstration of an adverse effect, laboratory studies, or data for a chemical from the same chemical class that exhibits that adverse effect) demonstrates the potential for an adverse effect in humans or other exposed organisms, including actual or potential effects of exposure to the chemical substance or mixture on mortality, morbidity, including carcinogenesis, reproduction, growth and development, the immune system, the endocrine system, the brain or nervous system, other organ systems, or any other biological functions in humans or nonhuman organisms. (D) CPSC determination.--As promptly as practicable after receiving the information submitted by a manufacturer, the Commission shall make a determination on the basis of such information as to whether the ingredient is a legitimate trade secret and shall notify the manufacturer of its determination. (c) Treatment Under the FHSA.--A cleaning product that is not in conformity with the labeling requirements of subsection (a) and not exempt from such requirements pursuant to subsection (b) shall be treated as a substance defined in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)) for purposes of such Act. (d) No Effect on Existing Labeling Requirements.--Nothing in this Act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this Act as described in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)). (e) Rulemaking Authority.--The Commission may issue such regulations it determines necessary to provide for the effective enforcement of this Act, and shall consult with the Administrator of the Environmental Protection Agency as necessary. SEC. 3. PUBLIC RIGHT TO KNOW PETITION. (a) Petition.--Any person may submit a petition to the Commission alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this Act. (b) Action by the Commission.--The Commission shall notify a petitioner of the receipt of a petition within 30 days after receipt of such petition. The Commission shall investigate the claims made by the petition and make a determination as to the validity of such claims within 180 days after acknowledging the receipt of such petition. If the Commission sustains the claim or claims made by the petition, the Commission shall initiate the proper enforcement actions required by law. (c) Regulations.--The Commission may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein. SEC. 4. REQUIRED INTERNET DISCLOSURE. (a) Manufacturer Disclosure.--Each manufacturer of a cleaning product shall make available in a clear and conspicuous location on the website of such manufacturer, if the manufacturer maintains a website, a complete list of each of the manufacturer's cleaning products' ingredients not later than 6 months after the date of enactment of this Act. (b) Content and Requirements of Disclosure.--The disclosure required by subsection (a) shall-- (1) name and list the product's ingredients in the manner prescribed in section 3; (2) be reviewed every 120 days and revised as necessary to reflect changes to cleaning products; (3) include the appropriate Chemical Abstract Services number for each ingredient; (4) identify any potential adverse health effect of each ingredient in the cleaning product and use the appropriate signal word or hazard descriptor as prescribed in section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); and (5) be sortable by product, ingredient, adverse health effect, and other categories as determined by the Commission. (c) Commission Disclosure.--Promptly after the date set forth in subsection (a), the Commission shall provide on the website of the Commission a web page that aggregates the information made available by manufacturers under such subsection and that allows users to compare products made by different manufacturers. Such web page shall be reviewed every 6 months and revised as necessary to reflect changes to cleaning products. (d) Language Accessibility.--The disclosures required to be made on a website or web page subject to this section shall be available in English, Spanish, and any other language the Commission determines necessary to ensure that users of a cleaning product in the United States are informed as to the complete list of the product's ingredients and potential adverse health effects. SEC. 5. ENHANCED PENALTIES. Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended by striking ``$15,000,000'' and inserting ``$30,000,000''. SEC. 6. REPORTING. Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Commission shall prepare a report on compliance with the labeling requirement of this Act and the enforcement activities of the Commission, and shall transmit such report to Congress and make it publicly available on the Internet. SEC. 7. PREEMPTION. Nothing in this Act affects the right of a State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard of performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provision of this Act shall control. SEC. 8. DEFINITIONS. In this Act: (1) Adverse health effect.--The term ``adverse health effect'' means a chemical or biochemical change, anatomic change, or functional impairment, or a known precursor to such a change or impairment, that-- (A) has the potential to impair the performance of an anatomic structure of a vital system of an organism or progeny of an organism; (B) causes irreversible change in the homeostasis of an organism; (C) increases the susceptibility of an organism or progeny of an organism to other chemical or biological stressors or reduces the ability of an organism or progeny of an organism to respond to additional health or environmental challenges; or (D) affects, alters, or harms the environment such that the health of humans or other organisms is directly or indirectly threatened. (2) Air care product.--The term ``air care product'' means a chemically formulated consumer product designed to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air, including solid gels, air freshener spray, an outlet or battery operated air freshener, a hanging car air freshener, and a potpourri product. (3) Automotive product.--The term ``automotive product'' means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle, but does not include automotive paint or a paint repair product. (4) Cleaning product.--The term ``cleaning product'' means any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, disinfectant (except as provided in subparagraph (B)), and polish or floor maintenance product. Such term shall not include-- (A) any drug or cosmetics, including a personal care items such as toothpaste, shampoo, and hand soap; or (B) a product labeled, advertised, marketed, and distributed for use only as a pesticide, as defined by section 2(u) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136(u)), including a disinfectant intended for use solely on critical or semi-critical devices as described by such section. (5) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (6) Ingredient.--The term ``ingredient'' means a chemical in a cleaning product, including-- (A) a chemical that provides a technical or functional effect; (B) a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as an ingredient of another chemical; (C) a processing aid that is present by reason of having been added to a cleaning product during the processing of such cleaning product; (D) any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect; (E) any contaminant that may leach from container materials or form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible; (F) with respect to a fragrance or preservative, each individual component part of the fragrance or preservative by its individual name; and (G) any individual component of a petroleum- derived, animal-derived, or other ingredient that the Commission determines be considered an ingredient. (7) Polish or floor maintenance product.--The term ``polish or floor maintenance product'' means a chemically formulated consumer product designed to polish, protect, or maintain furniture, floors, metal, leather, or other surfaces, including polish, wax, and restorer.

Summary: Cleaning Product Right to Know Act of 2011 - Requires a cleaning product manufactured or offered for sale, distributed in commerce, or imported into the United States to bear a label listing each of its ingredients: (1) by the name assigned by the International Nomenclature of Cosmetic Ingredients or, if there is no such name, by the name assigned by the International Union of Pure and Applied Chemistry or, if there is none, by its common chemical name; and (2) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Allows the Consumer Product Safety Commission (CPSC) to exempt from such labeling requirement: (1) an ingredient that is present in a product at such low levels that detection is not technologically feasible, or (2) for five-year periods, an ingredient that a manufacturer demonstrates to be a trade secret. Sets forth required disclosures for, and limitations to, a manufacturer's claim that an ingredient is a trade secret. Requires a product that is not in conformity with the labeling requirements and not exempt to be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act (FHSA). Increases penalties for violations of FHSA. Authorizes any person to petition the CPSC to investigate claims that a product does not satisfy the labeling requirements. Requires: (1) each cleaning product manufacturer to make available on its website a complete list of ingredients for each product, including any potential adverse health effect of each ingredient; and (2) CPSC to provide on its website aggregated information that allows users to compare products made by different manufacturers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011''. SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF THE UNITED STATES. (a) In General.-- (1) Establishment.--There is established the Commission on the Review of the Overseas Military Facility Structure of the United States (in this section referred to as the ``Commission''). (2) Composition.-- (A) In general.--The Commission shall be composed of eight members of whom-- (i) two shall be appointed by the majority leader of the Senate; (ii) two shall be appointed by the minority leader of the Senate; (iii) two shall be appointed by the Speaker of the House of Representatives; and (iv) two shall be appointed by the minority leader of the House of Representatives. (B) Qualifications.--Individuals appointed to the Commission shall have significant experience in the national security or foreign policy of the United States. (C) Deadline for appointment.--Appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act. (D) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among it members. (3) Tenure; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Meetings.-- (A) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Calling of the chairman.--The Commission shall meet at the call of the Chairman. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties.-- (1) Study of overseas military facility structure.-- (A) In general.--The Commission shall conduct a thorough study of matters relating to the military facility structure of the United States overseas. (B) Scope.--In conducting the study, the Commission shall-- (i) assess the number of forces required to be forward based outside the United States; (ii) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges; (iii) identify the amounts received by the United States, whether in direct payments, in- kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas; (iv) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or of the establishment of new military facilities of the United States overseas; (v) consider the findings of the February 2011 Government Accountability Office report, ``Additional Cost Information and Stakeholder Input Necessary to Assess Military Posture in Europe'', GAO-11-131; and (vi) consider or assess any other issue relating to military facilities of the United States overseas that the Commission considers appropriate. (2) Report.-- (A) In general.--Not later than 60 days after holding its final public hearing, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (B) Proposed overseas basing strategy.--In addition to the matters specified in subparagraph (A), the report shall also include a proposal by the Commission for an overseas basing strategy for the Department of Defense in order to meet the current and future mission of the Department, taking into account heightened fiscal constraints. (C) Focus on particular issues.--The report shall focus on current and future geopolitical posturing, operational requirements, mobility, quality of life, cost, and synchronization with the combatant commands. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information sharing.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Administrative support.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support necessary for the Commission to carry out its duties under this section. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission under this section. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel.-- (A) Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission under this section. (B) Military aircraft.--Members and staff of the Commission may receive transportation on military aircraft to and from the United States, and overseas, for purposes of the performance of the duties of the Commission to the extent that such transportation will not interfere with the requirements of military operations. (3) Staffing.-- (A) Executive director.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties under this section. The employment of an executive director shall be subject to confirmation by the Commission. (B) Staff.--The Commission may employ a staff to assist the Commission in carrying out its duties. The total number of the staff of the Commission, including an executive director under subparagraph (A), may not exceed 12. (C) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Details.--Any employee of the Department of Defense, the Department of State, or the Government Accountability Office may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Temporary and intermittent services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Security.-- (1) Security clearances.--Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this section. (2) Information security.--The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this section. (f) Termination.--The Commission shall terminate 45 days after the date on which the Commission submits its report under subsection (b).

Summary: Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) conduct a thorough study of matters relating to the U.S. overseas military facility structure, and (2) report study findings and conclusions to the President and Congress. Requires the report to include a proposal for an overseas basing strategy for the Department of Defense (DOD) to meet current and future DOD missions during periods of heightened fiscal constraints.