SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Wood Mandatory Labeling Act''. SEC. 2. FINDINGS. Congress finds that-- (1) inorganic arsenic compounds, such as chromated copper arsenate (referred to in this Act as ``CCA''), are used as wood preservatives; (2) according to the Environmental Protection Agency-- (A) inorganic arsenic is a human poison; (B) exposure to inorganic arsenic may be fatal; and (C) at low levels, inorganic arsenic exposure may cause-- (i) nausea, vomiting, and diarrhea; (ii) decreased production of red and white blood cells; (iii) abnormal heart rhythm; and (iv) blood vessel damage; (3) the Department of Health and Human Services has determined that arsenic is a known carcinogen; (4) breathing inorganic arsenic increases the risk of lung cancer; (5) ingesting inorganic arsenic increases the risk of skin cancer and tumors of the bladder, kidney, liver, and lung; (6) to protect against health risks associated with the use of CCA, CCA is classified as a ``restricted use chemical''; (7) as a restricted use chemical, CCA may be purchased and used only by a certified applicator (or a person under the direct supervision of a certified applicator) whose certification specifically covers the purchase and use of CCA; (8) individuals who use arsenic to treat wood are required to wear-- (A) protective clothing; and (B) a respirator, if the level of arsenic in the ambient air of the workplace of the individual-- (i) is unknown; or (ii) exceeds the permissible exposure limit of 10 micrograms per cubic meter of air averaged over an 8-hour workday, as required under standards established by the Occupational Safety and Health Administration; (9) producers of pressure-treated wood are required to provide consumer information sheets to all lumber yards and other retailers of treated wood products; (10) those information sheets provide instructions on how consumers should handle treated wood products, such as instructions on the use of protective gloves, coveralls, and face masks when sawing treated wood products; and (11) because many consumers in the United States are unaware of the dangers of mishandling arsenic-treated wood, an appropriate consumer warning label should be affixed to each piece of arsenic-treated wood sold in the United States. SEC. 3. LABELING OF ARSENIC-TREATED WOOD. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle D--Commodity-Specific Labeling Standards ``SEC. 281. DEFINITION OF SECRETARY. ``In this subtitle, the term `Secretary' means the Secretary of Agriculture. ``SEC. 282. LABELING OF ARSENIC-TREATED WOOD. ``Each piece of arsenic-treated wood offered for sale in the United States shall have affixed to the piece of wood a consumer warning label that displays each of the following statements (or substantially similar statements, as determined by the Secretary): ``(1) `This piece of wood has been treated with arsenic.'. ``(2) `Arsenic exposure through the mishandling of this wood can cause cancer, nausea, vomiting, or diarrhea.'. ``(3) `Never burn this wood; doing so will release arsenic into the air.'. ``(4) `To avoid the health risks associated with mishandling arsenic-treated wood, you must wear gloves, goggles, coveralls, and face masks when working with it.'. ``(5) `Wash exposed body areas thoroughly with soap and water after working with arsenic-treated wood.'. ``SEC. 283. REGULATIONS. ``The Secretary shall promulgate such regulations as are necessary to ensure compliance with, and otherwise carry out, this subtitle. ``SEC. 284. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this subtitle.''. SEC. 4. REPORTS TO CONGRESS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Report on Ongoing Arsenic Review.--Not later than 60 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall submit to Congress a report that-- (1) provides an update on the status of any ongoing review by the Environmental Protection Agency of the health risks associated with exposure to arsenic (including an estimated date of completion of the review); and (2) includes recommendations for interim guidelines, pending the completion of the review described in paragraph (1), for the use of arsenic-treated wood in public and recreational facilities (including parks and playground equipment). (c) Report on Results of Arsenic Review.--Not later than 30 days after the date of completion of the review described in subsection (b)(1), the Administrator, in consultation with the Secretary, shall submit to Congress a report that-- (1) describes the results of the review; and (2) includes recommendations for final guidelines, pending the completion of the review described in paragraph (1), for the use of arsenic-treated wood in public and recreational facilities (including parks and playground equipment).

Summary: Arsenic-Treated Wood Mandatory Labeling Act - Amends the Agricultural Marketing Act of 1946 to require that a specified warning label be affixed to arsenic-treated wood sold in the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Safety Improvement Act of 2002''. SEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 8 (21 U.S.C. 608) the following: ``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in meat and meat products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any meat or meat product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 7 (21 U.S.C. 456) the following: ``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in poultry and poultry products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any poultry or poultry product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (c) Effectiveness of Current Regulations.--Consistent with section 553 of title 5, United States Code, the Secretary of Agriculture shall have the authority to enforce the microbiological performance standards of the Secretary in effect on January 1, 2000. SEC. 3. LIVESTOCK AND POULTRY TRACEBACK. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. LIVESTOCK TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that cattle, sheep, swine, goats, horses, mules, and other equines presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, horses, mules, or other equines not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any cattle, sheep, swine, goats, horses, mules, or other equines at the time they are presented for slaughter or in any carcasses, parts of carcasses, meat, or meat food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any meat or meat food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, meat, meat food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of cattle, sheep, swine, goats, horses, mules, or other equines whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. POULTRY TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that poultry presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any poultry at the time the poultry is presented for slaughter or in any carcasses, parts of carcasses, poultry, or poultry food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any poultry or poultry food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, poultry, poultry food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of poultry whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. SEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES. (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from meat and meat products in the State.''. (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from poultry and poultry products in the State.''. SEC. 5. EMPLOYEE PROTECTION. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 405 (21 U.S.C. 675) the following: ``SEC. 405A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 12 (21 U.S.C. 461) the following: ``SEC. 12A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. SEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY. Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is amended by adding at the end the following: ``(c) Biological Threats to Food Supply.--The Secretary and the Secretary of Health and Human Services shall-- ``(1) identify potential biological threats to the food supply of the United States; and ``(2) prepare and (as necessary) implement a rapid response plan to prevent or respond to the threats.''. SEC. 7. STUDY OF RECRUITMENT OF INSPECTORS. (a) In General.--The Secretary of Agriculture shall conduct a study of means of improving the recruitment of individuals to serve as inspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), particularly in urban areas. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under subsection (a). SEC. 8. RAPID DETECTION METHODS. (a) Study.-- (1) In general.--The Secretary of Agriculture shall conduct a study to determine whether chlorophyll detector technology, or other rapid detection technologies, should be required to be used by each establishment receiving inspection services under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to detect the presence of manure carrying E. coli bacteria and other human pathogens in meat, meat products, poultry, and poultry products. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under paragraph (1). (b) Research and Development.--The Secretary may enter into contracts with qualified persons to carry out research on, and development of, technology described in subsection (a)(1).

Summary: Meat and Poultry Products Safety Improvement Act of 2002 - Amends the Federal Meat Inspection Act, and the Poultry Inspection Act, respectively, to: (1) direct the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat and meat products, and poultry and poultry products processed in an establishment inspected under such Acts; (2) direct the Secretary, in the case of an establishment failing to meet such standards, to prohibit such establishment from labeling any meat or poultry product as "inspected or passed"; (3) direct the Secretary to prescribe by regulation that poultry, cattle, sheep, swine, goats, or equines presented for slaughter for human consumption be identified in a manner permitting traceback of holding premises; (4) authorize the Secretary, in the instance of a finding of human pathogen, disease, or residue at a slaughtering or processing establishment, to prohibit the transfer of meat poultry, or products whose human consumption may pose a risk to public health; (5) provide protections for employees who assist in achieving compliance with the provisions of this Act; and (6) require State reporting of food borne pathogen illnesses.Amends the Federal Meat Inspection Act to direct the Secretary and the Secretary of Health and Human Services to identify biological threats to the U.S. food supply, and prepare a response plan.Directs the Secretary to study whether chlorophyl detector technology or other rapid detection technologies should be used by inspected establishments to detect E. coli bacteria and other human pathogens. Authorizes the Secretary to enter into contracts for related research and technology development.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Conduit Deployment Act of 2015''. SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY CONSTRUCTION PROJECTS. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 330. Inclusion of broadband conduit installation in certain highway construction projects ``(a) Requirement.-- ``(1) In general.--The Secretary shall require States to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project. ``(2) Consultation.--This evaluation shall be done in consultation with local and national telecommunications providers, including telecommunications service and equipment providers. ``(3) Results of evaluation.--If the evaluation reveals an anticipated need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed under the hard surfaces as part of the covered highway construction project. ``(b) Installation Requirements.--In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that-- ``(1) an appropriate number of broadband conduits, as determined by the Administrator of the National Telecommunications and Information Administration, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; ``(2) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Administrator; and ``(3) hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Administrator. ``(c) Standards.--The Secretary, in consultation with the Administrator, shall establish standards, consistent with applicable requirements in section 156 of this title, section 1.23, part 645, and part 710 of title 23, Code of Federal Regulations, and the Approved Utility Accommodation Manual, to carry out subsection (b) that consider-- ``(1) the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; ``(2) population density in the area of a covered highway construction project; ``(3) the type of highway involved in such project; and ``(4) existing broadband access in the area of such project. ``(d) Pull Tape.--The Secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. ``(e) Depth of Installation.--The Secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. ``(f) Access.--The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. ``(g) Waiver Authority.--The Secretary may waive the application of this section if the Secretary determines that the waiver is appropriate with respect to a covered highway construction project based upon-- ``(1) a showing of undue burden; ``(2) a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure; ``(3) a cost-benefit analysis; or ``(4) the consideration of other relevant factors. ``(h) Coordination With FCC.--In carrying out this section, the Secretary and the Administrator shall coordinate with the Federal Communications Commission, including in making determinations with respect to an appropriate number of broadband conduits under subsection (b)(1), potential demand under subsection (b)(2), and existing broadband access under subsection (c). ``(i) Publication of Conduit Availability.--Not later than 1 year after the date of enactment of this section, the Secretary shall provide information to the Federal Communications Commission and the Administrator for inclusion within the National Broadband Map. ``(j) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Telecommunications and Information Administration. ``(2) Broadband.--The term `broadband' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof. ``(3) Broadband conduit.--The term `broadband conduit' means a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service. ``(4) Covered highway construction project.--The term `covered highway construction project' means a project to construct a new highway or to construct an additional lane or paved shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title. ``(5) Hard surfaces.--The term `hard surfaces' means asphalt and concrete pavement, curb and gutter, and sidewalk.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``330. Inclusion of broadband conduit installation in certain highway construction projects.''.

Summary: Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit (fiber optic cables that support broadband or wireless facilities for broadband service) as part of any covered highway construction project (a project to construct a new highway or an additional lane or paved shoulder for an existing highway that receives funding under federal-aid highway provisions), in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider: the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; population density in the area; the type of highway involved; and existing broadband access in the area. DOT shall ensure that: an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers, the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand, hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices, installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate. DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon: a showing of undue burden, a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or a cost-benefit analysis.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Good Neighbor Act of 2017''. SEC. 2. GOOD NEIGHBOR AUTHORITY. (a) In General.--The Cooperative Forestry Assistance Act of 1978 is amended-- (1) by redesignating section 19 (16 U.S.C. 2113) as section 18; and (2) by inserting after section 18 (as so redesignated) the following: ``SEC. 19. GOOD NEIGHBOR AUTHORITY. ``(a) Definitions.--In this section: ``(1) Authorized restoration services.--The term `authorized restoration services' means similar and complementary forest, rangeland, and watershed restoration services carried out-- ``(A) on National Forest System land, except-- ``(i) a component of the National Wilderness Preservation System; ``(ii) Federal land on which the removal of vegetation is prohibited or restricted by a law of Congress or a Presidential proclamation (including the applicable implementation plan); or ``(iii) a wilderness study area; and ``(B) by the Secretary or a Governor pursuant to a good neighbor agreement. ``(2) Forest, rangeland, and watershed restoration services.-- ``(A) In general.--The term `forest, rangeland, and watershed restoration services' means-- ``(i) an activity to treat insect- or disease-infected trees; ``(ii) an activity to reduce hazardous fuels; and ``(iii) any other activity to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. ``(B) Exclusions.--The term `forest, rangeland, and watershed restoration services' does not include-- ``(i) the construction, reconstruction, repair, or restoration of a paved or permanent road or parking area; or ``(ii) the construction, alteration, repair, or replacement of a public building or work. ``(3) Good neighbor agreement.--The term `good neighbor agreement' means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor to carry out authorized restoration services under this section. ``(4) Governor.--The term `Governor' means the Governor or any other appropriate executive official of a State. ``(5) Road.--The term `road' has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the National Forest Good Neighbor Act of 2017). ``(6) State.--The term `State' means-- ``(A) a State; and ``(B) the Commonwealth of Puerto Rico. ``(b) Good Neighbor Agreements.-- ``(1) Authority.-- ``(A) In general.--The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section. ``(B) Public availability.--The Secretary shall make each good neighbor agreement available to the public. ``(2) Timber sales.-- ``(A) In general.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to authorized restoration services. ``(B) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on National Forest System land described in subsection (a)(1)(A) in any timber sale project conducted under this section. ``(3) Retention of responsibilities.--Any decision required to be made by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services shall not be delegated to a Governor.''. (b) Conforming Amendments.-- (1) Section 2A(c)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking ``section 19(b)'' and inserting ``section 18(b)''. (2) Section 7(e) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence by striking ``section 19(b)'' and inserting ``section 18(b)''. (3) Section 13A(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking ``section 19(a)'' and inserting ``section 18(a)''.

Summary: National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Assistance Authorization Act of 2007''. SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS. None of the amounts authorized by this Act may be used to lobby or retain a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer. SEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL. (a) Use.--The Secretary of Housing and Urban Development may provide financial assistance to the Housing Assistance Council for use by such Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Assistance provided by the Secretary under this section may be used by the Housing Assistance Council for-- (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; (2) loans, grants, or other financial assistance to rural community-based housing development organizations to carry out community development and affordable housing activities for low- and moderate-income families; and (3) such other activities as may be determined by the Secretary and the Housing Assistance Council. (b) Authorization of Appropriations.--There is authorized to be appropriated for financial assistance under this section for the Housing Assistance Council-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Raza Development Fund for the purpose of providing technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Assistance provided by the Secretary under this section may be used by the Raza Development Fund to-- (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities, including private financial institutions, insurance companies, and private philanthropic organizations; (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving low- income households, including Hispanic households; and (4) conduct such other activities as may be determined by the Secretary and the Raza Development Fund. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK. (a) Use.--The Secretary of Housing and Urban Development may make a grant to the Housing Partnership Network (hereafter referred to as the ``Network'') for the purpose of creating, sustaining, and improving access to affordable housing and community facilities that benefit very low-, low- and moderate-income households and communities. Assistance provided by the Secretary under this section may be used by the Network to-- (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital for the purpose of furthering the production capacity, sustainability, or efficiency of its members; (3) pay for the necessary and reasonable expenses of the Network to administer and oversee such investments, including the cost of underwriting, managing the assets of the Network, and reporting to the Secretary and other capital providers, provided however, that such expenses do not exceed 6 percent of any amounts made available pursuant to subsection (b); and (4) conduct such other activities as may be determined by the Secretary and the Network. (b) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section-- (1) $5,000,000 for fiscal year 2008; and (2) $10,000,000 for each of fiscal years 2009 and 2010. SEC. 6. AUDITS AND REPORTS. (a) Audit.--In any year in which an entity or organization described under either section 3, 4, or 5 receives funds under this Act, the Comptroller General of the United States shall-- (1) audit the financial transactions and activities of such entity or organization only with respect to such funds so received; and (2) submit a report detailing such audit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (b) GAO Report.--The Comptroller General of the United States shall conduct a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representative on the use of any funds appropriated to an entity or organization described under either section 3, 4, or 5 over the past 10 years. SEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES. None of the funds made available under this Act may be used to provide direct housing assistance to any person not lawfully present in the United States.

Summary: Housing Assistance Authorization Act of 2007 - (Sec. 2) Prohibits the use of funds authorized by this Act to lobby or retain a lobbyist to influence a federal, state, or local governmental entity or officer. (Sec. 3) Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas. Authorizes the Housing Assistance Council to use such assistance for: (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; and (2) loans, grants, or other financial assistance to such organizations to carry out community development and affordable housing activities for low- and moderate-income families. Authorizes appropriations for FY2008-FY2010. (Sec. 4) Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin. Authorizes the Fund to use such assistance to: (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities; and (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving such low-income households. Authorizes appropriations for FY2008-FY2010. (Sec. 5) Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low- and moderate-income households and communities. Authorizes the Network to use such assistance to: (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital to further the production capacity, sustainability, or efficiency of its members; and (3) pay for the expenses of the Network to administer and oversee such investments. Authorizes appropriations for FY2008-FY2010. Directs the Comptroller General to audit entities or organizations receiving such funds. (Sec. 7) Prohibits the use of such funds to provide direct housing assistance to any person not lawfully present in the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012'' or the ``SAFE DOSES Act''. SEC. 2. THEFT OF MEDICAL PRODUCTS. (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 670. Theft of medical products ``(a) Prohibited Conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce-- ``(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre- retail medical product; ``(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product; ``(3) knowingly possesses, transports, or traffics in a pre- retail medical product that was involved in a violation of paragraph (1) or (2); ``(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; ``(5) with intent to defraud, sells, or distributes, a pre- retail medical product that is expired or stolen; or ``(6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section. ``(b) Aggravated Offenses.--An offense under this section is an aggravated offense if-- ``(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or ``(2) the violation-- ``(A) involves the use of violence, force, or a threat of violence or force; ``(B) involves the use of a deadly weapon; ``(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or ``(D) is subsequent to a prior conviction for an offense under this section. ``(c) Criminal Penalties.--Whoever violates subsection (a)-- ``(1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; ``(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and ``(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. ``(d) Civil Penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of-- ``(1) three times the economic loss attributable to the violation; or ``(2) $1,000,000. ``(e) Definitions.--In this section-- ``(1) the term `pre-retail medical product' means a medical product that has not yet been made available for retail purchase by a consumer; ``(2) the term `medical product' means a drug, biological product, device, medical food, or infant formula; ``(3) the terms `device', `drug', `infant formula', and `labeling' have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act; ``(4) the term `biological product' has the meaning given the term in section 351 of the Public Health Service Act; ``(5) the term `medical food' has the meaning given the term in section 5(b) of the Orphan Drug Act; and ``(6) the term `supply chain' includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended by adding after the item relating to section 669 the following: ``670. Theft of medical products.''. SEC. 3. CIVIL FORFEITURE. Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ``670,'' after ``657,''. SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. (a) Interstate or Foreign Shipments by Carrier.--Section 659 of title 18, United States Code, is amended by adding at the end of the fifth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.''. (b) Racketeering.-- (1) Travel act violations.--Section 1952 of title 18, United States Code, is amended by adding at the end the following: ``(d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre- retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.''. (2) Money laundering.--Section 1957(b)(1) of title 18, United States Code, is amended by adding at the end the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.''. (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 18, United States Code, is amended by adding at the end of the first undesignated paragraph the following: ``If the offense involves a pre- retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (d) Stolen Property.-- (1) Transportation of stolen goods and related offenses.-- Section 2314 of title 18, United States Code, is amended by adding at the end of the sixth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (2) Sale or receipt of stolen goods and related offenses.-- Section 2315 of title 18, United States Code, is amended by adding at the end of the fourth undesignated paragraph the following: ``If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.''. (e) Priority Given to Certain Investigations and Prosecutions.--The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 670 of title 18, United States Code, that involve pre-retail medical products. SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE. Section 2516(1) of title 18, United States Code, is amended-- (1) by redesignating paragraph (s) as paragraph (t); (2) by striking ``or'' at the end of paragraph (r); and (3) by inserting after paragraph (r) the following: ``(s) any violation of section 670 (relating to theft of medical products); or''. SEC. 6. REQUIRED RESTITUTION. Section 3663A(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(iv) an offense under section 670 (relating to theft of medical products); and''. SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect-- (A) the serious nature of such offenses; (B) the incidence of such offenses; and (C) the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act; (3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements; (5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and (6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act. Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.


SECTION 1. SHORT TITLE. This Act may be cited as the ``IP-Enabled Voice Communications and Public Safety Act of 2007''. SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE. (a) In General.--The Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the following: ``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.--It shall be the duty of every IP-enabled voice service provider engaged in interstate or foreign communication to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers in accordance with orders of the Commission in effect on the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, as such orders may be modified by the Commission from time to time. ``(b) Access to 9-1-1 Components.-- ``(1) Regulations.--Within 90 days after the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Commission shall issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. In promulgating the regulations, the Commission shall take into account any technical, network security, or information privacy issues that are specific to IP-enabled voice services, including the security of 9-1-1 networks. The Commission shall require IP- enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. ``(2) Delegation of enforcement to state commissions.--The Commission may delegate authority to enforce the regulations issued under paragraph (1) to State commissions or other State agencies or programs with jurisdiction over emergency communications. ``(c) Savings Clause.--Nothing in the IP-Enabled Voice Communications and Public Safety Act of 2007 shall be construed as repealing or otherwise altering, modifying, affecting, or superseding Federal regulations obligating an IP-enabled voice service provider to provide 9-1-1 service or enhanced 9-1-1 service. ``(d) Limitation on Commission.--Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may require any provider of a voice service that is a substitute for telephone exchange service (as defined in section 3(47) of the Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Nothing in this subsection shall limit or otherwise affect the authority of the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the end thereof the following: ``(8) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given the term `Interconnected VoIP Service' by section 9.3 of the Commission's regulations (47 C.F.R. 9.3). ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 service' means any 9-1-1 service provided by an IP-enabled voice service provider, including enhanced IP-enabled 9-1-1 service. ``(10) Enhanced ip-enabled 9-1-1 service.--The term `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 service so designated by the Federal Communications Commission in its Report and Order in WC Docket Nos. 04-36 and 05-196, or any successor proceeding. ``(11) 9-1-1 component.--The term `9-1-1 component' means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, non-dialable p-ANI's, or other related facility necessary for the delivery and completion of 9-1-1 or E-9-1-1 calls and information related to such calls, as determined by the Commission.''. SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE. (a) In General.--Section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) is amended-- (1) by striking ``carrier,'' in subsection (a) and inserting ``carrier, IP-enabled voice service provider, or alternative emergency communications service provider,''; (2) by striking ``its'' the first place it appears in subsection (a) and inserting ``their''; (3) by striking ``emergency calls or emergency services.'' in subsection (a) and inserting ``emergency calls, emergency services, or alternative emergency communications services.''; (4) by striking ``service shall'' in subsection (b) and inserting ``service, or IP-enabled voice service, shall''; (5) by striking ``wireless.'' in subsection (b) and inserting ``wireless, IP-enabled, or alternative emergency communications.''; (6) by striking ``communications,'' in subsection (c) and inserting ``communications, IP-enabled voice service communications, or alternative emergency communications,''; and (7) by striking ``wireless.'' in subsection (c) and inserting ``wireless, IP-enabled, or alternative emergency communications.''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b), is further amended by adding at the end thereof the following: ``(12) Alternative emergency communications service.--The term `alternative emergency communications service' means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9-1-1 and enhanced 9-1-1 Services. ``(13) Alternative emergency communications service provider.--The term `alternative emergency communications service provider' means an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Commission or, in the absence of any such requirement, is specifically authorized by the appropriate local or State 9-1-1 governing authority, to provide alternative emergency communications services.''. SEC. 4. STATE AUTHORITY OF FEES. Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any Federal Communications Commission regulation or order shall prevent the imposition on, or collection by, a provider of IP-enabled voice services or commercial mobile service, of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services if that fee or charge-- (1) for IP-enabled voice services, does not exceed the amount of any such fee or charge imposed on or collected by a provider of telecommunications services; and (2) is obligated or expended in support of 9-1-1 and E 099- 1-1 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge. SEC. 5. FEE ACCOUNTABILITY. To ensure efficiency, transparency, and accountability in the collection and expenditure of 9-1-1 fees, the Federal Communications Commission shall submit a report within 1 year after the date of enactment of this Act, and annually thereafter, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce detailing the status in each State of the collection and distribution of 9-1-1 fees and include findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any fee or charges are presented. SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. (a) In General.--Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (2) by inserting after subsection (c) the following: ``(d) Migration Plan Required.-- ``(1) National plan required.--No more than 270 days after the date of the enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications and improving information sharing among all emergency response entities. ``(2) Contents of plan.--The plan required by paragraph (1) shall-- ``(A) outline the potential benefits of such a migration; ``(B) identify barriers that must be overcome and funding mechanisms to address those barriers; ``(C) provide specific mechanisms for ensuring the IP-enabled emergency network is available in every community and is coordinated on a local, regional, and Statewide basis; ``(D) identify location technology for nomadic devices and for office buildings and multi-dwelling units; ``(E) include a proposed timetable, an outline of costs and potential savings; ``(F) provide specific legislative language, if necessary, for achieving the plan; ``(G) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; ``(H) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007; ``(I) document solutions that a national IP-enabled emergency network will provide for 9-1-1 access to those with disabilities and needed steps to implement such solutions, including a recommended timeline for such implementation; and ``(J) analyze technologies and efforts to provide automatic location capabilities and provide recommendations on needed regulatory or legislative changes necessary to implement automatic location solutions for 9-1-1 purposes. ``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, groups representing those with disabilities, technology and telecommunications providers, and others it deems appropriate.''; and (3) by striking ``services.'' in subsection (b)(1) and inserting ``services, and for migration to an IP-enabled emergency network.''. (b) Availability of PSAP Information.--The Federal Communications Commission may compile a list of public safety answering point contact information, as well as contact information for 9-1-1 component providers, for the purpose of assisting IP-enabled voice service providers and others in complying with this Act and section 158(d) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and may make any portion of such information available to the public if such availability would improve public safety. (c) Development of Standards.--The Federal Communications Commission shall work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for-- (1) defining geographic coverage areas for Public Safety Answering Points; (2) defining network diversity requirements for delivery of IP-enabled 9-1-1 calls; (3) call-handling in the event of call overflow or network outages; (4) Public Safety Answering Point certification and testing requirements; (5) validation procedures for inputting and updating location information in relevant databases; and (6) the format for delivering address information to Public Safety Answering Points. SEC. 7. ENFORCEMENT. The Federal Communications Commission shall enforce the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if that Act were part of the Communications Act of 1934. For purposes of this section, any violation of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated under that Act, is deemed to be a violation of the Communications Act of 1934 or a regulation promulgated under the Communications Act of 1934, respectively. SEC. 8. COMPLETION OF THE HATFIELD REPORT. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on October 15, 2002, in WT Docket No. 02-46. (b) Submission of Report.--Mr. Hatfield shall submit his written findings as of May 1, 2006, to the Federal Communications Commission not later than 60 days after receiving the payment described in subsection (a). SEC. 9. 9/11 COMMISSION ACT OF 2007. Section 2301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking ``the `Improving Emergency Communications Act of 2007'.'' and inserting ``the `911 Modernization Act'.''. Passed the Senate February 26, 2008. Attest: Secretary. 110th CONGRESS 2d Session S. 428 _______________________________________________________________________ AN ACT To amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.

Summary: IP-Enabled Voice Communications and Public Safety Act of 2007 - (Sec. 2) Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. (Sec. 3) Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability (as compared to local exchange companies and others) for service carriers, users, and public safety answering points (facilities designated to receive 9-1-1 calls and route them to emergency personnel) (PSAPs). Defines "alternative emergency communications service" as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. (Sec. 4) Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. (Sec. 5) Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. (Sec. 6) Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. (Sec. 7) Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. (Sec. 8) Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services; and (2) the filing of related written findings.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Act of 2003''. SEC. 2. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Entitlement to Additional Weeks.-- (1) In general.--Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended-- (A) in subparagraph (A), by striking ``50 percent'' and inserting ``100 percent''; and (B) in subparagraph (B), by striking ``13 times'' and inserting ``26 times''. (2) Repeal of restriction on augmentation during transitional period.--Section 208(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1, is amended-- (A) in paragraph (1)-- (i) by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''; and (ii) by inserting before the period at the end the following: ``, including such compensation by reason of amounts deposited in such account after such date pursuant to the application of subsection (c) of such section''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (3) Extension of transition limitation.--Section 208(b)(2) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147), as amended by Public Law 108-1 and as redesignated by paragraph (2), is amended by striking ``August 30, 2003'' and inserting ``December 31, 2003''. (4) Conforming amendment for augmented benefits.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by striking ``the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's average weekly benefit amount for the benefit year''. (b) Effective Date and Application.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (2) TEUC-X amounts deposited in account prior to date of enactment deemed to be the additional teuc amounts provided by this section.--In applying the amendments made by subsection (a) under the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 26), the Secretary of Labor shall deem any amounts deposited into an individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') prior to the date of enactment of this Act to be amounts deposited in such account by reason of section 203(b) of such Act, as amended by subsection (a) (commonly known as ``TEUC amounts''). (3) Application to exhaustees and current beneficiaries.-- (A) Exhaustees.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) who exhausted such individual's rights to such compensation (by reason of the payment of all amounts in such individual's temporary extended unemployment compensation account) before such date, such individual's eligibility for any additional weeks of temporary extended unemployment compensation by reason of the amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (B) Current beneficiaries.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before the date of enactment of this Act; and (ii) as to whom the condition described in subparagraph (A)(ii) does not apply, such individual shall be eligible for temporary extended unemployment compensation (in accordance with the provisions of the Temporary Extended Unemployment Compensation Act of 2002, as amended by subsection (a)) with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (4) Redetermination of eligibility for augmented amounts for individuals for whom such a determination was made prior to the date of enactment.--Any determination of whether the individual's State is in an extended benefit period under section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) made prior to the date of enactment of this Act shall be disregarded and the determination under such section shall be made as follows: (A) Individuals who exhausted 13 teuc and 13 teux-x weeks prior to the date of enactment.--In the case of an individual who, prior to the date of enactment of this Act, received 26 times the individual's average weekly benefit amount through an account established under section 203 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107- 147; 116 Stat. 28) (by reason of augmentation under subsection (c) of such section), the determination shall be made as of the date of the enactment of this Act. (B) All other individuals.--In the case of an individual who is not described in subparagraph (A), the determination shall be made at the time that the individual's account established under such section 203, as amended by subsection (a), is exhausted.

Summary: Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to entitle eligible individuals in all States to a total of 26 weeks of TEUC compensation (13 weeks beyond the current 13 weeks). Makes such additional benefits also available to individuals who exhausted their TEUC benefits before January 1, 2003.Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account, for weeks beginning before December 31, 2003.Directs the Secretary of Labor to deem second tier benefit amounts deposited in an individual's account (TEUC-X amounts, which currently provide an extra 13 weeks of benefits in high-unemployment States) as deposited in such account, by reason of the amendments made by this Act, as single tier benefit amounts (TEUC amounts, the basic benefits in all States).Sets forth requirements relating to applicability of this Act to those who have exhausted their benefits under TEUCA, as well as to current beneficiaries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Retirement Income Policy Act of 1993''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Commission on Retirement Income Policy (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a full and complete review and study of-- (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs that are established to encourage and protect such savings; and (3) new Federal incentives and programs that are needed to encourage and protect such savings. (b) Specific Issues.--In fulfilling the duty described in subsection (a), the Commission shall address-- (1) the amount and sources of Federal and private funds, including tax expenditures (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to finance the incentives and programs referred to in subsection (a)(2) and any new Federal incentive or program that the Commission recommends be established; (2) the most efficient and effective manner, considering the needs of retirement plan sponsors for simplicity, reasonable cost, and appropriate incentives, of ensuring that individuals in the United States will have adequate retirement savings; (3) the amounts of retirement income that future retirees will need to replace various levels of preretirement income, including amounts necessary to pay for medical and long-term care; (4) the workforce and demographic trends that affect the pensions of future retirees; (5) the role of retirement savings in the economy of the United States; (6) sources of retirement income other than private pensions that are available to individuals in the United States; and (7) the shift away from insured and qualified pension benefits in the United States. (c) Recommendations.-- (1) In general.--The Commission shall formulate recommendations based on the review and study conducted under subsection (a). The recommendations shall include measures that address the needs of future retirees for-- (A) appropriate pension plan coverage and other mechanisms for saving for retirement; (B) an adequate retirement income; (C) preservation of benefits they accumulate by participating in pension plans; (D) information concerning pension plan benefits; and (E) procedures to resolve disputes involving such benefits. (2) Effect on federal budget deficit.--A recommendation of the Commission for a new Federal incentive or program that would result in an increase in the Federal budget deficit shall not appear in the report required under section 7 unless it is accompanied by a recommendation for offsetting the increase. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 18 members appointed not later than 90 days after the date of the enactment of this Act. The Commission shall consist of the following members: (A) 4 individuals appointed by the President. (B) 7 individuals appointed by the Speaker of the House of Representatives. (C) 7 individuals appointed by the President pro tempore of the Senate. (2) Consultation with minority leaders.--3 of the appointments made under paragraph (1)(B) shall be made in consultation with the minority leader of the House of Representatives. 3 of the appointments made under paragraph (1)(C) shall be made in consultation with the minority leader of the Senate. (3) Qualifications.--The individuals referred to in paragraph (1) shall be Members of the Congress, leaders of business or labor, distinguished academics, or other individuals with distinctive qualifications or experience. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 90 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum, but 6 members may hold hearings, take testimony, or receive evidence. (f) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson of the Commission. (h) Decisions.--Decisions of the Commission shall be made according to the vote of not less than a majority of the members who are present and voting at a meeting called pursuant to subsection (g). SEC. 5. STAFF AND SUPPORT SERVICES. (a) Executive Director.--The Commission shall have an executive director appointed by the Commission. The Commission shall fix the pay of the executive director. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates the Commission determines to be appropriate. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Public hearings.--The Commission may hold public hearings to receive the views of a broad spectrum of the public on the status of the private retirement system of the United States. (b) Delegation of Authority.--Any member, committee, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.-- (1) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (B) Exception.--Subparagraph (A) shall not apply to any information that the Commission is prohibited to secure or request by another law. (2) Public surveys.--The Commission may conduct the public surveys necessary to enable it to carry out this Act. In conducting such surveys, the Commission shall not be considered an agency for purposes of chapter 35 of title 44, United States Code. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract and Procurement Authority.--The Commission may make purchases, and may contract with and compensate government and private agencies or persons for property or services, without regard to-- (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and (2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (f) Gifts.--The Commission may accept, use, and dispose of gifts of services or property, both real and personal, for the purpose of assisting the work of the Commission. Gifts of money and proceeds from sales of property received as gifts shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift to the United States. (g) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. REPORT. Not later than December 31, 1993, the Commission shall submit a report to the President, the majority and minority leaders of the Senate, and the majority and minority leaders of the House of Representatives. The report shall review the matters that the Commission is required to study under section 3 and shall set forth the recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 90-day period beginning on the date on which the Commission submits its report under section 7.

Summary: Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the President and Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act of 2009'' or the ``PHIT Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose.--The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid-- ``(i) for membership at a fitness center, ``(ii) for participation or instruction in a program of physical exercise or physical activity, and ``(iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, ``(ii) if such equipment is not apparel or footwear, and ``(iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. ``(E) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.''. (c) Exception for Health Savings Accounts.--Subparagraph (A) of section 223(d)(2) of such Code is amended by inserting ``, determined without regard to paragraph (1)(E) thereof'' after ``section 213(d)''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for married couples filing jointly or heads of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment.