SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Against Children Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) People under the age of 18 make up approximately 12 percent of all crime victims known to police, including 71 percent of all sex crime victims and 38 percent of all kidnaping victims. (2) People from the ages of 12 through 17 are over 2 times more likely to be victims of violent crime than adults. (3) It has been estimated that only 28 percent of crimes against children are actually reported. (4) Some 1,200 children die as a result of abuse each year, and approximately 879,000 children are victims of abuse. (5) Child abuse has long-lasting negative effects upon children and families, including delayed development, depression, substance abuse, and increased likelihood of experiencing or perpetrating domestic violence as an adult. (6) Most local agencies lack adequate resources to protect and serve the needs of children and families that are brought to their attention. (7) Failure to pay child support is in itself a form of neglect, as children who do not receive financial support are more likely to live in poverty, and are therefore more likely to suffer from inadequate education, a lack of quality health care, and a lack of affordable housing. TITLE I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN SEC. 101. ENHANCED PENALTIES. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 2260A. Violence against children ``(a) In General.--Whoever, whether or not acting under color of law, in any circumstance described in subsection (b), by force or threat of force willfully injures or attempts to injure any person under 18 years of age-- ``(1) shall be imprisoned for not more than 10 years and fined in accordance with this title; and ``(2) shall be imprisoned for any term of years or for life, and fined in accordance with this title if-- ``(A) death results from the offense; or ``(B) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(b) Circumstances.--For purposes of subsection (a), the circumstances described in this subsection are that-- ``(1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(A) across a State line or national border; or ``(B) using a channel, facility, or instrumentality of interstate or foreign commerce; or ``(2) in connection with the conduct described in subsection (a), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce. ``(c) Penalties.--An offense under this section shall also be subject to the penalties provided in section 1111 of this title (as amended by the PROTECT Act) if the offense is also an offense under that section.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting at the end the following: ``2260A. Violence against children.''. (c) Enhanced Penalties for Existing Crimes When Committed Against Children.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this Act and its purposes, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to provide enhanced penalties when the victim of a Federal crime is under the age of 18. (d) GAO Review of State Laws.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) review the statutory penalties for crimes against children under State laws and the sentencing practices of the States with respect to those crimes, including whether a State provides enhanced penalties when the victim of the crime is a child; and (2) report the findings of the review to Congress. SEC. 102. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS. (a) In General.--At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (2) constitutes a felony under the laws of the State or Indian tribe; and (3) is committed against a person under 18 years of age. (b) Priority.--If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to-- (1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and (2) rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. TITLE II--GRANT PROGRAMS SEC. 201. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution of crimes against children. (b) Purposes.--Grants provided under this section shall provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing crimes against children, and specifically, for the purposes of-- (1) training law enforcement officers, prosecutors, judges, and other court personnel to more effectively identify and respond to crimes against children; (2) developing, training, or expanding units of law enforcement officers, prosecutors, or courts specifically targeting crimes against children; (3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to crimes against children; (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts for the purpose of identifying and tracking arrests, prosecutions, and convictions for crimes against children; (5) encouraging, developing, and strengthening programs, procedures, and policies that enhance cross-collaboration and cross-communication between law enforcement and child services agencies regarding the care, treatment, and services for child victims; and (6) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, or unit of local government that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, or unit of local government applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant, the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and (ii) the State, the Indian tribal government, or the State in which the unit of local government is located is in compliance with sections 301 and 302. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. SEC. 202. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS. (a) In General.--The Attorney General shall award grants to assist States, Indian tribal governments, units of local government, and nongovernmental organizations to provide education, prevention, intervention, and victims' assistance services regarding crimes against children. (b) Purposes.--Grants provided under this section shall be used to provide education, prevention, and intervention services to prevent crimes against children and to provide assistance to children, and the families of children, who are victims of crime, including-- (1) educational seminars; (2) the operation of hotlines; (3) training programs for professionals; (4) the preparation of informational materials; (5) intervention services to prevent crimes against children; (6) other efforts to increase awareness of the facts about, or to help prevent, crimes against children, including efforts to increase awareness in underserved racial, ethnic, and language minority communities; (7) emergency medical treatment for victims; (8) counseling to victims of crimes against children and their families; and (9) increasing the supply of mental health professionals specializing in the mental health of victims of crimes against children. (c) Application.-- (1) In general.--Each State, Indian tribal government, unit of local government, or nongovernmental organization that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (2) Requirements.--A State, Indian tribal government, unit of local government, or nongovernmental organization applying for a grant under this section shall-- (A) describe-- (i) the purposes for which the grant is needed; (ii) the intended use of the grant funds; and (iii) the expected results from the use of grant funds; (B) demonstrate that, in developing a plan to implement the grant-- (i) in the case of a State, Indian tribal government, or unit of local government, that the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and (ii) in the case of a nongovernmental organization, that the nongovernmental organization has experience in providing education, prevention, or intervention services regarding crimes against children or has experience in providing services to victims of crimes against children; and (C) certify that-- (i) any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section, provided that the Attorney General may waive such requirement for nongovernmental organizations in extraordinary circumstances; and (ii) the State, the Indian tribal government, the State in which the unit of local government is located, or the State in which the nongovernmental organization will operate the activities funded under this section is located, is in compliance with section 303. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2004 through 2008. TITLE III--NATIONWIDE PROGRAMS SEC. 301. NATIONWIDE AMBER ALERT. Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 201 shall have in place a statewide AMBER Alert communications network for child abduction cases. SEC. 302. IMPROVED STATISTICAL GATHERING. Each State receiving grants pursuant to section 201 shall use, or shall be in the process of testing or developing protocols to use, the National Incident-Based Reporting System. SEC. 303. NATIONAL SAFE HAVEN. (a) In General.--Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to section 202 shall have in effect a statute that-- (1) permits a parent to leave a newborn baby with a medically-trained employee of a hospital emergency room anonymously without any criminal or other penalty; (2) includes a mechanism to encourage and permit a hospital employee in the receiving hospital to collect information about the medical history of the family subject to the approval of the parent; (3) requires law enforcement entities in the State, immediately after relinquishment of a child under paragraph (1), to search State and Federal missing person databases to ensure that the child has not been reported missing; and (4) includes a plan for publicizing the State's Safe Haven law. (b) Exception.--Notwithstanding subsection (a)(1), a State statute in effect pursuant to this section may deny a parent the ability to leave a newborn baby anonymously without any criminal or other penalty if the newborn baby shows signs of abuse or appears to have been intentionally harmed. SEC. 304. IMPROVED CHILD PROTECTION SERVICES PROGRAMS. (a) Report by States.--Not later than 180 days after the date of enactment of this Act, each State receiving an allotment for child welfare services under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of Health and Human Services a report detailing the State's program funded under that subpart, including the process for maintaining records and verifying the well-being of the children under the State's care. (b) GAO Study.--Not later than 180 days after the date of enactment of this Act, the General Accounting Office shall report to Congress on State practices and policies under the child welfare program funded under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). The report shall include the following: (1) How States are maintaining records and verifying the well-being of the children under their care, including how well States are keeping track of where those children are. (2) Whether and how the review system being undertaken by the Secretary of Health and Human Services is helping States to reform their child welfare system. (3) The best practices being implemented by the States. (4) Recommendations for legislative changes by Congress. TITLE IV--CHILD SUPPORT ENFORCEMENT SEC. 401. SENSE OF THE SENATE ON TAX TREATMENT OF CHILD SUPPORT. It is the sense of the Senate that Congress should pass legislation to extend the current Federal tax treatment on bad debt to nonpayment of child support by-- (1) allowing those that do not receive the child support they are owed to deduct that amount from their Federal income taxes; and (2) requiring those who fail to pay child support to add the unpaid amount to their income for Federal tax purposes.

Summary: Violence Against Children Act of 2003 - Amends the Federal criminal code to prescribe penalties to be imposed for injuring or attempting to injure a person under 18 years of age (including life imprisonment if death results or if the offense includes kidnaping, aggravated sexual abuse, or attempting to kill) under circumstances in which: (1) the conduct occurs during the course of, or as a result of, the travel of the defendant or victim across a State line or national border; or (2) in connection with such conduct, the defendant employs a weapon that has traveled in interstate or foreign commerce. Directs the: (1) United States Sentencing Commission to review and amend its guidelines to provide enhanced penalties when the victim of a Federal crime is under 18; and (2) the Comptroller General to review State penalties and sentencing guidelines for crimes against children.Requires the Attorney General: (1) at the request of a State, Indian tribal government, or local government, to provide assistance in the criminal investigation or prosecution of any felony crime of violence against a child; and (2) to award grants to develop and strengthen effective law enforcement and prosecution of crimes against children and to provide education, prevention, intervention, and victims' assistance services regarding crimes against children.Requires each State receiving: (1) law enforcement grants under this Act to have in place a statewide AMBER Alert communications network for child abduction cases and to use the National Incident-Based Reporting System; (2) education, prevention, and victims' assistance grants to have in effect a statute allowing a parent to leave a newborn baby at a hospital anonymously; and (3) certain allotments for child welfare allotments to submit to the Secretary of Health and Human Services a report on the State's funded program, including the process for maintaining records and verifying the well-being of the children under the State's care.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Birth Defects Prevention Act of 1993''. (b) Findings.--The Congress makes the following findings: (1) Birth defects are the leading cause of infant mortality, directly responsible for one out of every five infant deaths. (2) Thousands of the 250,000 infants born with a birth defect annually face a lifetime of chronic disability and illness. (3) Birth defects threaten the lives of infants of all racial and ethnic backgrounds. However, some conditions pose excess risks for certain populations. For example, compared to all infants born in the United States, Hispanic-American infants are more likely to be born with anencephaly spina bifida and other neural tube defects and African-American infants are more likely to be born with sickle-cell anemia. (4) Birth defects can be caused by exposure to environmental hazards, adverse health conditions during pregnancy, or genetic mutations. Prevention efforts are slowed by lack of information about the number and causes of birth defects. Outbreaks of birth defects may go undetected because surveillance and research efforts are underdeveloped and poorly coordinated. SEC. 2. BIRTH DEFECTS PREVENTION AND RESEARCH PROGRAM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317A the following new section: ``birth defects prevention and research programs ``Sec. 317B. (a) National Birth Defects Surveillance Program.--The Secretary, acting through the Director of the Centers for Disease Control, may award grants to, enter into cooperative agreements with, or provide direct technical assistance in lieu of cash to States, State health authorities, or health agencies of political subdivisions of a State for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. ``(b) Centers for Excellence for Birth Defects Prevention Research.-- ``(1) In general.--The Secretary shall establish at least five regional birth defects monitoring and research programs for the purpose of collecting and analyzing information on the number, incidence, correlates, and causes of birth defects, to include information regarding gender and different racial and ethnic groups, including Hispanics, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(2) Authority for awards.--For purposes of paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control, may award grants or enter into cooperative agreements with State departments of health, universities, or other private, nonprofit entities engaged in research to enable such entities to serve as Centers of Excellence for Birth Defects Prevention Research. ``(3) Application.--To be eligible for grants or cooperative agreements under paragraph (2), the entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may prescribe, including assurances that-- ``(A) the program will collect, analyze, and report birth defects data according to guidelines prescribed by the Director of the Centers for Disease Control; ``(B) the program will coordinate States birth defects surveillance and prevention efforts within a region; ``(C) education, training, and clinical skills improvement for health professionals aimed at the prevention and control of birth defects will be included in the program activities; ``(D) development and evaluation of birth defects prevention strategies will be included in the program activities, as appropriate; and ``(E) the program funds will not be used to supplant or duplicate State efforts. ``(4) Centers to focus on racial and ethnic disparities in birth defects.--One of the Centers of Excellence shall focus on birth defects among ethnic minorities, and shall be located in a standard metropolitan statistical area that has over a 60 percent ethnic minority population, is federally designated as a health professional shortage area, and has an incidence of one or more birth defects more than four times the national average. ``(c) Clearinghouse.--The Centers for Disease Control shall serve as the coordinating agency for birth defects prevention activities through establishment of a clearinghouse for the collection and storage of data and generated from birth defects monitoring programs developed under subsections (a) and (b). Functions of such clearinghouse shall include facilitating the coordination of research and policy development to prevent birth defects. The clearinghouse shall disaggregate data by gender and by racial and ethnic groups, the major Hispanic subgroups, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(d) Prevention Strategies.--The Secretary, acting through the Director of the Centers for Disease Control, shall award grants to or enter into cooperative agreements with State departments of health, universities, or other private, or nonprofit entities to enable such entities to develop, evaluate and implement prevention strategies designed to reduce the incidence and effects or birth defects including-- ``(1) demonstration projects for the prevention of birth defects, including-- ``(A) at least one project aimed at enhancing prevention services in a `high-risk area' that has a proportion of birth to minority women above the national average, is federally designated as a health professional shortage area, and has a high incidence of one or more birth defects; and ``(B) at least one outcome research project to study the effectiveness of infant interventions aimed at amelioration of birth defects; and ``(2) public information and education programs for the prevention of birth defects, including but not limited to programs aimed at prevention of alcohol and illicit drug use during pregnancy and promotion of use of folic acid vitamin supplements for women of childbearing age in a manner which is sensitive to the cultural and linguistic context of a given community. ``(e) Advisory Committee.-- ``(1) Establishment of committee.--The Secretary shall establish an Advisory Committee for Birth Defects Prevention (in this subsection referred to as the `Committee'). The Committee shall provide advice and recommendations on prevention and amelioration of birth defects to the Secretary and the Director of the Centers for Disease Control. ``(2) Functions.--With respect to birth defects prevention, the Committee shall-- ``(A) make recommendations regarding prevention research and intervention priorities; ``(B) study and recommend ways to prevent birth defects, with emphasis on emerging technologies; ``(C) identify annually the important areas of government and nongovernment cooperation needed to implement prevention strategies; ``(D) identify research and prevention strategies which would be successful in addressing birth defects disparities among the major Hispanic subgroups, non- Hispanic whites, African Americans, Native Americans, and Asian Americans; and ``(E) review and recommend policies and guidance related to birth defects research and prevention. ``(3) Composition.--The Committee shall be composed of 15 members appointed by the Secretary, including-- ``(A) four health professionals, who are not employees of the United States, who have expertise in issues related to prevention of or care for children with birth defects; ``(B) two representatives from health professional associations; ``(C) four representatives from voluntary health agencies concerned with conditions leading to birth defects or childhood disability; ``(D) five members of the general public, of whom at least three shall be parents of children with birth defects or persons having birth defects; and ``(E) representatives of the Public Health Service agencies involved in birth defects research and prevention programs and representatives of other appropriate Federal agencies, including but not limited to the Department of Education and the Environmental Protection Agency, shall be appointed as ex officio, liaison members for purposes of informing the Committee regarding Federal agency policies and practices; ``(4) Structure.-- ``(A) Term of office.--Appointed members of the Committee shall be appointed for a term of office of 3 years, except that of the members first appointed, 5 shall be appointed for a term of 1 year, 5 shall be appointed for a term of 2 years, and 5 shall be appointed for a term of 3 years, as determined by the Secretary. ``(B) Meetings.--The Committee shall meet not less than three times per year and at the call of the chair. ``(C) Compensation.--Members of the Committee who are employees of the Federal Government shall serve without compensation. Members of the Committee who are not employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for grade GS-18. ``(f) Report.--The Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a biennial report regarding the incidence of birth defects, the contribution of birth defects to infant mortality, the outcome of implementation of prevention strategies, and identified needs for research and policy development to include information regarding the various racial and ethnic groups, including Hispanic, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. ``(g) Authorization of Appropriations.-- ``(1) For the purpose of carrying out subsections (a), (b), and (c), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(2) For the purpose of carrying out subsection (d), there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 and 1997. ``(3) For the purpose of carrying out subsections (e) and (f), there are authorized to be appropriated $2,000,000 for each of the fiscal years 1994 through 1997.''.

Summary: Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Personal Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The Second Amendment to the Constitution of the United States states that, ``A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'' and Congress has repeatedly recognized this language as protecting an individual right. (2) In the wake of Hurricane Katrina, State and local law enforcement and public safety service organizations were overwhelmed and could not fulfill the safety needs of the citizens of the State of Louisiana. (3) In the wake of Hurricane Katrina, the safety of these citizens, and of their homes and property, was threatened by instances of criminal activity. (4) Many of these citizens lawfully kept firearms for the safety of themselves, their loved ones, their businesses, and their property, as guaranteed by the Second Amendment, and used their firearms, individually or in concert with their neighbors, for protection against crime. (5) In the wake of Hurricane Katrina, certain agencies confiscated the firearms of these citizens, in contravention of the Second Amendment, depriving these citizens of the right to keep and bear arms and rendering them helpless against criminal activity. (6) These confiscations were carried out at gunpoint, by nonconsensual entries into private homes, by traffic checkpoints, by stoppage of boats, and otherwise by force. (7) The citizens from whom firearms were confiscated were either in their own homes or attempting to flee the flooding and devastation by means of motor vehicle or boat, and were accosted, stopped, and arbitrarily deprived of their private property and means of protection. (8) The means by which the confiscations were carried out, which included intrusion into the home, temporary detention of persons, and seizures of property, constituted unreasonable searches and seizures and deprived these citizens of liberty and property without due process of law in violation of fundamental rights under the Constitution of the United States. (9) Many citizens who took temporary refuge in emergency housing were prohibited from storing firearms on the premises, and were thus treated as second-class citizens who had forfeited their constitutional right to keep and bear arms. (10) At least 1 highly-qualified search and rescue team was prevented from joining in relief efforts because the team included individuals with firearms, although these individuals had been deputized as Federal law enforcement officers. (11) These confiscations and prohibitions, and the means by which they were carried out, deprived the citizens of Louisiana not only of their right to keep and bear arms, but also of their rights to personal security, personal liberty, and private property, all in violation of the Constitution and laws of the United States. SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL EMERGENCIES. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following: ``SEC. 706. FIREARMS POLICIES. ``(a) Prohibition on Confiscation of Firearms.--No officer or employee of the United States (including any member of the uniformed services), person operating pursuant to or under color of Federal law, receiving Federal funds, under the control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may-- ``(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; ``(2) require the registration of any firearm for which registration is not required by Federal or State law; ``(3) prohibit the possession of any firearm, or promulgate any rule, regulation, or order prohibiting the possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal or State law; or ``(4) prohibit the carrying of a firearm by any person otherwise authorized to carry firearms under Federal or State law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from a major disaster or emergency. ``(b) Private Rights of Action.-- ``(1) In general.--Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section. ``(2) Remedies.--In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for the return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found. ``(3) Attorney fees.--In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.''.

Summary: Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any U.S. officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from: (1) seizing, or authorizing seizure of, any firearm the possession of which is not prohibited under federal or state law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation; (2) requiring registration of any firearm for which registration is not required by federal or state law; (3) prohibiting possession of any firearm in any place or by any person where such possession is not otherwise prohibited; or (4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, solely because such person is operating under the direction, control, or supervision of a federal agency in support of relief from a major disaster or emergency. Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in U.S. district court for return of a confiscated firearm.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefit Guaranty Corporation Governance Improvement Act of 2009''. SEC. 2. BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY CORPORATION. (a) In General.--Section 4002(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is amended to read as follows: ``(d)(1) The board of directors of the corporation consists of-- ``(A) the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce; ``(B) a member that is a representative of employers offering defined benefit plans; ``(C) a member that is a representative of organized labor and employees; and ``(D) 2 other members. ``(2)(A) The members of the board of directors described under subparagraphs (B) through (D) of paragraph (1)-- ``(i) shall be appointed by the President by and with the advice and consent of the Senate-- ``(I) at the beginning of the second year of the President's term of office, with respect to such members described under subparagraphs (B) and (C) of paragraph (1); and ``(II) at the beginning of the fourth year of the President's term of office, with respect to such members described under subparagraph (D) of paragraph (1); and ``(ii) shall serve for a term of 4 years. ``(B) Not more than 2 members of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall be affiliated with the same political party. ``(C) Each member of the board of directors described under subparagraphs (B) through (D) of paragraph (1) shall not have a direct financial interest in the decisions of the corporation. ``(3) Each member of the board of directors described under subparagraph (A) of paragraph (1) shall designate in writing an official, not below the level of Assistant Secretary, to serve as the voting representative of such member on the board. Such designation shall be effective until revoked or until a date or event specified therein. Any such representative may refer for board action any matter under consideration by the designating board member. ``(4) The members of the board of directors described under-- ``(A) subparagraph (A) of paragraph (1), shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the board; and ``(B) subparagraphs (B) through (D) of paragraph (1) shall, for each day (including traveltime) during which they are attending meetings or conferences of the board or otherwise engaged in the business of the board, be compensated at a rate fixed by the corporation which is not in excess of the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. ``(5)(A) The Secretary of Labor is the chairman of the board of directors. ``(B) The President shall designate 1 of the members appointed under paragraph (2) as the vice-chairman of the board of directors. ``(6) The Inspector General of the corporation shall report to the board of directors, and not less than twice a year, shall attend a meeting of the board of directors to provide a report on the activities and findings of the Inspector General, including with respect to monitoring and review of the operations of the corporation. ``(7) The General Counsel of the corporation shall-- ``(A) serve as the secretary to the board of directors, and shall advise such board as needed; and ``(B) have overall responsibility for all legal matters affecting the corporation and provide the corporation with legal advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall not extend to the Office of Inspector General and the independent legal counsel of such Office. ``(8) Notwithstanding any other provision of this Act, the Office of Inspector General and the legal counsel of such Office is independent of the management of the corporation and the General Counsel of the corporation.''. (b) Number of Meetings; Public Availability.--Section 4002(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(e)) is amended-- (1) by striking ``The board'' and inserting ``(1) The board''; (2) by striking ``the corporation.'' and inserting ``the corporation, but in no case less than 4 times a year with a quorum of not less than 5 members. Not less than 1 meeting of the board of directors during each year shall be a joint meeting with the advisory committee under subsection (h).''; and (3) by adding at the end the following: ``(2) The chairman of the board of directors shall make available to the public the minutes from each meeting of the board, unless the chairman designates a meeting or portion of a meeting as closed to the public, based on the confidentiality of the matters to be discussed during such meeting.''. (c) Advisory Committee.-- (1) Issues considered by the committee.--Section 4002(h)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(1)) is amended-- (A) by striking ``, and (D)'' and inserting ``, (D)''; and (B) by striking ``time to time.'' and inserting ``time to time, and (E) other issues as determined appropriate by the advisory committee.''. (2) Joint meeting.--Section 4002(h)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(3)) is amended by adding at the end the following: ``Not less than 1 meeting of the advisory committee during each year shall be a joint meeting with the board of directors under subsection (e).''. SEC. 3. AVOIDING CONFLICTS OF INTEREST. Section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302) is amended by adding at the end the following: ``(j) The Director of the corporation, and each member of the board of directors described under subparagraphs (B) through (D) of subsection (d)(1), shall agree in writing to recuse him or herself from participation in activities which present a potential conflict of interest or appearance of such conflict, including by not serving on a technical evaluation panel.''. SEC. 4. SENSE OF CONGRESS. (a) Formation of Committees.--It is the sense of Congress that the board of directors of the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should form committees, including an audit committee and an investment committee, to enhance the overall effectiveness of the board of directors. (b) Risk Management Position.--It is the sense of Congress that the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should establish a risk management position that evaluates and mitigates the risk that the corporation might experience. The individual in such position should coordinate the risk management efforts of the corporation, explain risks and controls to senior management and the board of directors of the corporation, and make recommendations.

Summary: Pension Benefit Guaranty Corporation Governance Improvement Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements regarding the composition and duties of members of the board of directors of the Pension Benefit Guaranty Corporation (PBGC). Requires: (1) the board to meet at least four times a year with a quorum of at least five members; and (2) board minutes be made public. Requires the advisory committee to the PBGC to meet jointly with the board at least one time each year. Requires the Director and members of the board of the PBGC to agree in writing to recuse themselves from participation in activities which potentially could be a conflict of interest. Expresses the sense of Congress that: (1) the board should form committees, including an audit committee and an investment committee, to enhance the PBGC board's overall effectiveness; and (2) the PBGC should establish a risk management position that evaluates and mitigates risk it might experience.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Calling for 2-1-1 Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Federal Communications Commission has assigned 2-1- 1 as the national telephone number for telephone service for information and referral on human services, declaring that 2-1- 1 best satisfies the public interest in allotting the limited resource of this abbreviated number. In 2005, the Commission will assess the widespread utilization of the 2-1-1 telephone number and evaluate whether to continue the assignment of that telephone number for that service. (2) The number ``2-1-1'' is an easy-to-remember telephone number that facilitates critical connections between individuals and families seeking services, volunteer opportunities, or both and appropriate human service agencies, including community-based and faith-based organizations and government agencies. (3) There are more than 820,000 nonprofit organizations in the United States. Individuals and families often find it difficult to navigate through a complex and ever-growing maze of human service agencies and programs, spending inordinate amounts of time trying to identify an agency or program that provides a service that may be immediately or urgently required and often abandoning the search from frustration or a lack of quality information. (4) At the Federal, State, and local levels, government funding supports well-intentioned programs that are not fully utilized because of a lack of access to and information on such programs by the public. Program administrators have indicated that there is a need for a simple way to connect those eligible for programs with available program resources. 2-1-1 telephone service will reduce the number of inappropriate calls to government offices by directing consumers to the appropriate human services agency, resulting in a more effective use of government services. (5) Many families need information on government and not- for-profit services that address domestic violence, support adequate and stable housing, alleviate hunger, and provide for high-quality day care, afterschool activities, summer activities, job training and assistance, elder care, and disaster recovery. (6) Individuals often need support, services, or both when suffering emotional distress, having suicidal thoughts or behavior, contemplating violence, or using drugs or alcohol. (7) Americans desire to volunteer and become involved in their communities. This desire, together with a desire to donate to organizations which provide human services, are among the reasons to contact a center which provides information and referral on volunteer opportunities and human services. (8) Following the September 11, 2001, terrorist attacks, an estimated 400 telephone hotlines were established in New York, New York, for various funds and services, creating a confusing network for victims and volunteers to navigate. A Comptroller General report on charitable aid following the terrorist attacks found that ``families of victims generally believed they had to navigate a maze of service providers in the early months'' and that ``good information about and easy access to available assistance could help survivors in the recovery process''. (9) The 107th Congress recognized the importance of 2-1-1 telephone service in community preparedness and response by including use of that telephone number for public information as an allowable use of funds under grants for preparedness and response to bioterrorism and other public health emergencies under section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a), as added by section 131 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188). (10) While 20 percent of the population has access to 2-1-1 telephone service in 21 States, inadequate funding prevents access to that telephone service throughout each of the States. 2-1-1 telephone service is currently available statewide only in Connecticut and Hawaii. (11) Rapid deployment nationwide of 2-1-1 telephone service as a means of access to information about and referral on human services requires collaboration among State governments, comprehensive and specialized information and referral centers, human service organizations and service providers, emergency management and homeland security officials, telephone companies, and other relevant entities. (12) 2-1-1 telephone service facilitates the availability of a single repository where comprehensive data on all community services is collected, maintained, and updated regularly, reducing costs and duplication of efforts. The reliable data provided through 2-1-1 telephone service helps to better assess the needs of our communities and to immediately mobilize resources toward those needs. SEC. 3. GRANTS TO FACILITATE NATIONWIDE AVAILABILITY OF 2-1-1 SERVICE FOR INFORMATION AND REFERRAL ON HUMAN SERVICES. (a) Grants Required.--The Secretary of Commerce shall award a grant to each State to carry out a program for the purpose of making available throughout such State 2-1-1 telephone service for information and referral on human services. (b) Grant To Be Available for Each State.--In awarding grants under this section, the Secretary shall develop a formula for allocating grant amounts among the States so that a grant may be awarded to each State seeking a grant. (c) Requirement on Share of Activities.-- (1) Requirement.--A State may not be awarded a grant under this section unless the State ensures that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. (2) In-kind contributions.--The requirement in paragraph (1) may be satisfied by in-kind contributions of goods or services. (d) Lead Entity.-- (1) In general.--A State seeking a grant under this section shall carry out this section through a lead entity meeting the requirements of this subsection. (2) 2-1-1 Collaborative.--An entity shall be treated as the 2-1-1 Collaborative for a State under this subsection if the entity-- (A) exists for such purpose under State law; (B) exists for such purpose by order of the State public utility commission; or (C) is a collaborative entity established by the State for such purpose from among representatives of-- (i) an informal existing 2-1-1 statewide collaborative, if any, in the State; (ii) State agencies; (iii) community-based organizations; (iv) faith-based organizations; (v) not-for-profit organizations; (vi) comprehensive and specialized information and referral providers, including current 2-1-1 call centers; (vii) foundations; and (viii) businesses. (3) Requirements for preexisting lead entities.--An entity described by subparagraph (A) or (B) of paragraph (2) may be treated as a lead entity under this subsection only if such entity collaborates, to the extent practicable, with the organizations and entities listed in subparagraph (C) of that paragraph. (e) Application.-- (1) In general.--The lead entity on behalf of each State seeking a grant under this section shall submit to the Secretary an application therefor in such form as the Secretary shall require. (2) Information.--An application on behalf of a State under this subsection shall contain information as follows: (A) Information on the program to be carried out by the lead entity of the State in order to plan to make available throughout the State 2-1-1 telephone service for information and referral on human services, including information on the manner in which the lead entity will develop, sustain, and evaluate the program. (B) Information on the sources of resources for the program for purposes of meeting the requirement in subsection (c). (C) Any additional information that the Secretary may require for purposes of this section. (f) Subgrants.-- (1) Authority.--In carrying out a program to make 2-1-1 telephone service available throughout a State at no charge to the caller, the lead entity of the State may make subgrants to such persons or entities as the lead entity considers appropriate for purposes of the program, including subgrants to provide funds-- (A) for the provision of 2-1-1 telephone service; (B) for the operation and maintenance of 2-1-1 call centers; and (C) for such other purposes as the 2-1-1 Collaborative considers appropriate for purposes of the program, including planning, public awareness, training, accreditation, and evaluation. (2) Considerations.--In awarding a subgrant under this subsection, a lead entity shall consider-- (A) the ability of the person or entity seeking the subgrant to carry out activities or provide services consistent with the program; (B) the extent to which the award of the subgrant will facilitate equitable geographic distribution of subgrants under this section to ensure that rural communities have access to 2-1-1 telephone service; and (C) the extent to which the recipient of the subgrant will establish and maintain cooperative relationships with specialized information and referral centers, crisis centers, 9-1-1 call centers, and 3-1-1 call centers, if applicable. (g) Use of Grant and Subgrant Amounts.-- (1) In general.--Amounts awarded as grants or subgrants under this section shall be used solely to make available 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking such services and the providers of such services. (2) Particular matters.--In making 2-1-1 telephone service available, the recipient of a grant or subgrant shall, to the maximum extent practicable-- (A) abide by the Key Standards for 2-1-1 Centers as specified in the Standards for Professional Information and Referral Requirements for Alliance of Information Referral Systems (AIRS) Accreditation and Operating 2- 1-1 Systems; and (B) collaborate with human service organizations, whether public or private, to provide an exhaustive database of services with which to provide information or referral to individuals utilizing 2-1-1 telephone service. (3) Use of funds.--Amounts of a subgrant under subsection (e) may be used by grantees for Statewide and regional planning, start-up costs (including costs of software and hardware upgrades and telecommunications costs), training, accreditation, public awareness, evaluation of activities, and the provision of 2-1-1 telephone service. (h) Requirement on Allocation of Grant Amounts.--Of the amounts awarded under this section, an aggregate of not less than 10 percent shall be allocated for evaluation, training, and technical assistance, and for management and administration of subgrants awarded under this section. (i) Reports.--The lead entity of each State awarded a grant under this section for a fiscal year shall submit to the Secretary, not later than 60 days after the end of such fiscal year, a report on the program funded by the grant. Each report shall-- (1) describe the program funding by the grant; and (2) assess the effectiveness of the program in making available throughout such State 2-1-1 telephone service for information and referral on human services in accordance with the provisions of this section. (j) Definitions.--In this section: (1) Human services.--The term ``human services'' means services as follows: (A) Services that assist individuals in becoming more self-sufficient, in preventing dependency, and in strengthening family relationships. (B) Services that support personal and social development. (C) Services that help ensure the health and well- being of individuals, families, and communities. (2) Information and referral center.--The term ``information and referral center'' means a center that-- (A) maintains a database of providers of human services in a State or locality; (B) assists individuals, families, and communities in identifying, understanding, and accessing the providers of human services and the human services offered by the providers of such services; and (C) tracks types of calls referred and received to document the demands for services. (3) State.--The term ``State'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act amounts as follows: (1) For fiscal year 2004, $200,000,000. (2) For each of fiscal years 2005 through 2009, such sums as may be necessary. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

Summary: Calling for 2-1-1 Act of 2003 - Directs the Secretary of Commerce to award a grant to each State to carry out a program for making available throughout that State the 2-1-1 telephone service for information and referral on human services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported and Domestic Product Safety Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Product Safety Coordinating Council established by section 4(a). (2) Director.--The term ``Director'' means the Director of Imported and Domestic Product Safety appointed under section 3(b). (3) Office.--The term ``Office'' means the Office of Imported and Domestic Product Safety established by section 3(a). (4) Product.--The term ``product'' means any of the following: (A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including-- (i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and (iii) eggs and egg products, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). (B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in section 30102 of title 49, United States Code. (E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (F) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction. SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Imported and Domestic Product Safety''. (b) Director.--The Director of Imported and Domestic Product Safety shall be the head of the Office. The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have-- (1) not less than 10 years of leadership and management experience in the public or private sector; and (2) expertise in areas relating to product safety and protection of the public. (c) Duties of the Director.--The Director shall, working with the Council-- (1) ensure that there is coordination among all departments and agencies that have responsibility for product safety in a manner that-- (A) protects the health and safety of United States consumers; and (B) provides that consumers and businesses have access to product safety information; (2) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that have responsibility for product safety; (3) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (2); (4) improve the www.Recalls.gov Internet website (or successor Federal website) that provides product safety information and recall information for products under different Federal agencies; (5) develop and maintain a database that-- (A) is centralized; (B) is user friendly; (C) is accessible to the public; (D) includes information about all mandatory and voluntary actions taken with respect to product safety by businesses and departments and agencies that have responsibility for product safety, including-- (i) recalls; (ii) advisories; (iii) alerts; (iv) seizures; (v) defect determinations; (vi) import bans; and (vii) such other actions as the Director considers appropriate; and (E) incorporates hyperlinks to databases maintained by the departments and agencies that have responsibility for product safety with respect to the actions described in subparagraph (D); (6) develop guidelines for effective and efficient dissemination, by the departments and agencies of members of the Council, of product recall alerts to consumers and businesses, including retailers, the media, and medical professionals; (7) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of products to better identify and prevent the importation or introduction into commerce of unsafe products; (8) promote the development of tracing technology to provide consumers with access to the supply chain history of a product; (9) develop guidelines to facilitate information sharing relating to the importation and safety of products among businesses, United States trading partners, and departments and agencies of Federal, State, and local governments; (10) develop and maintain a public electronic directory of services to assist consumers and businesses in locating product safety information; (11) develop a framework for engaging United States trading partners in efforts to improve product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before products are shipped to the United States; (12) establish an inventory of memoranda of understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of products; (13) promote coordination among Federal departments and agencies seeking to negotiate new memoranda described in paragraph (11); and (14) develop guidelines to ensure that there is a unified effort to protect the health and safety of United States consumers, including-- (A) simplifying consumer-retailer interaction regarding products identified as unsafe; (B) improving product labeling; (C) developing comprehensive recordkeeping throughout the production, importation, and distribution of products; and (D) increasing public access to information regarding-- (i) product safety standards, testing, and certification; (ii) enforcement of product safety laws; and (iii) product-related deaths, injuries, and illness. (d) Staff.-- (1) In general.--The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director set forth by subsection (c). (2) Detail of government employees.--The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis to the Office. (e) Supervision.--The Director shall report to the Secretary of Commerce. (f) Compensation.--Section 5314 of title 5, United States Code, is amended by adding at the end the following new item: ``Director of Imported and Domestic Product Safety, Department of Commerce.''. SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL. (a) Establishment.--There is established a Product Safety Coordinating Council-- (1) to improve the management, coordination, promotion, and oversight of product safety responsibilities; and (2) to assist the Director in-- (A) carrying out the functions of the Office set forth by section 3(c); (B) developing the strategic plan under section 5; and (C) developing the report under section 6. (b) Membership.-- (1) Composition.--The Council shall consist of the Director and 1 individual designated by each of the following from their respective departments and agencies: (A) The Commissioner of Customs and Border Protection of the Department of Homeland Security. (B) The Under Secretary for International Trade of the Department of Commerce. (C) The United States Trade Representative. (D) The Under Secretary for Economic, Energy, and Agricultural Affairs of the Department of State. (E) The Under Secretary for Food Safety of the Department of Agriculture. (F) The Commissioner of the Food and Drug Administration of the Department of Health and Human Services. (G) The Under Secretary for Oceans and Atmosphere of the Department of Commerce. (H) The Chairman of the Consumer Product Safety Commission. (I) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation. (J) The Administrator of the Environmental Protection Agency. (K) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. (L) The Attorney General. (M) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (N) The Chairman of the Federal Trade Commission. (O) The Chairman of the United States International Trade Commission. (P) The Director of the Office of Management and Budget. (Q) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council. (2) Qualifications.--Each individual designated under paragraph (1) shall be selected from among individuals who are-- (A) involved in product safety and protection of the public from risks to safety; and (B) qualified to serve on the Council. (c) Department and Agency Responsibilities.-- (1) In general.--The department or agency of each member of the Council shall assist the Director in-- (A) developing and implementing a unified effort to protect the health and safety of United States consumers; (B) ensuring that consumers and businesses have access to product safety information; and (C) carrying out the duties of the Director set forth by section 3(c). (2) Cooperation.--Each member of the Council shall ensure that the department or agency the member represents-- (A) provides such assistance, information, and advice as the Director may request; (B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and (C) provides adequate resources to support the activities and operations of the Office. (d) Meetings.--The Council shall meet not less frequently than monthly at the call of the Director. (e) Chairperson.--The Director shall be the chairperson of the Council. SEC. 5. STRATEGIC PLAN. (a) Strategic Plan Required.--Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan. (b) Contents of Strategic Plan.--The strategic plan submitted under subsection (a) shall contain-- (1) a detailed description of the goals, objectives, and priorities of the Office and the Council; (2) a description of the methods for achieving such goals, objectives, and priorities; (3) a description of the performance measures that will be used to monitor results in achieving such goals, objectives, and priorities; and (4) an estimate of the resources necessary to achieve such goals, objectives, and priorities, and an estimate of the cost of such resources. SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY. (a) Annual Report Required.--Not later than 1 year after the date of the enactment of this Act and November 1 of each calendar year thereafter, the Director shall submit to the President and to Congress a written report on the safety of products. (b) Content of Report.--The report submitted under subsection (a) shall contain a detailed description of how the duties set forth in section 3(c) are being implemented. (c) Consultations.--The Director shall consult with the members of the Council with respect to the preparation of the report required by subsection (a). Any comments provided by the members of the Council for a report under such subsection shall be submitted to the Director not later than 1 month before the date such report is submitted to Congress. The Director shall submit the report to Congress after taking into account all comments received. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office. SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY COORDINATION. The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council.

Summary: Imported and Domestic Product Safety Act of 2009 - Establishes in the Department of Commerce an Office of Imported and Domestic Product Safety to carry out specified duties, including: (1) coordinating all departments and agencies that have product safety responsibilities in a way that protects the health and safety of U.S. consumers and provides consumers and businesses with access to product safety information; (2) improving the www.Recalls.gov website; and (3) developing a publicly accessible database with information about all mandatory and voluntary product safety actions taken by businesses, departments, and agencies. Establishes a Product Safety Coordinating Council to assist the Office's director.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Science Research Investment Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Office of Science is the largest Federal sponsor of civilian research in the physical sciences and plays a major role in supporting interdisciplinary research that contributes to other scientific fields, including the life sciences, mathematics, computer science, engineering, and the environmental sciences. (2) The Department of Energy's laboratories have scientific capabilities that are unmatched in typical academic or industrial institutions. Their scientific teams can develop integrated approaches to grand scientific challenges that are often beyond the reach of individual experimenters. The Human Genome Project exemplifies this capability. (3) The facilities at the Department of Energy's laboratories are invaluable to scientists across disciplines, including those from academia, industry, and government. (4) For more than half a century, science research has had an extraordinary impact on the economy, national security, medicine, energy, life sciences, and the environment. In the economic arena, studies show that about half of all United States post-World War II economic growth is a direct result of technological innovation stemming from scientific research. (5) The Department of Energy's Office of Science programs, in constant dollars, have been flat funded for more than a decade, placing our scientific leadership in jeopardy and limiting the generation of ideas that will enhance our security and drive future economic growth. (6) Because the cost of doing research increases at a faster rate than the Consumer Price Index, flat funding for the Office of Science has led to a decline in the number of grants awarded, students trained, and scientists supported. Flat and erratic funding has also led to an underutilization of the facilities that the United States has invested hundreds of millions of dollars to construct. (7) Higher funding levels for the Office of Science will provide more opportunities for young Americans to enter the fields of mathematics, engineering, and the physical sciences, helping to alleviate an increasing over-reliance on foreign talent in these fields. TITLE I--OFFICE OF SCIENCE AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (a) Program Direction.--The Secretary of Energy, acting through the Office of Science, shall-- (1) conduct a comprehensive program of fundamental research, including research on chemical sciences, physics, materials sciences, biological and environmental sciences, geosciences, engineering sciences, plasma sciences, mathematics, and advanced scientific computing; (2) maintain, upgrade, and expand the scientific user facilities maintained by the Office of Science and ensure that they are an integral part of the departmental mission for exploring the frontiers of fundamental science; (3) maintain a leading-edge research capability in the energy-related aspects of nanoscience and nanotechnology, advanced scientific computing and genome research; and (4) ensure that its fundamental science programs, where appropriate, help inform the applied research and development programs of the Department. (b) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the Office of Science $3,624,454,000 for fiscal year 2004. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,494,454,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $80,000,000. (C) New construction: $50,000,000. (c) Fiscal Year 2005.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,015,000,000 for fiscal year 2005. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,820,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $130,000,000. (C) New construction: $65,000,000. (d) Fiscal Year 2006.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,618,000,000 for fiscal year 2006. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,243,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $205,000,000. (C) New construction: $170,000,000. (e) Fiscal Year 2007.-- (1) In general.--There are authorized to be appropriated to the Office of Science $5,310,000,000 for fiscal year 2007. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,815,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $215,000,000. (C) New construction: $280,000,000. SEC. 102. REPORTING. Not later than 60 days after the date of enactment of legislation providing for the annual appropriation of funds for the Office of Science, the Director of the Office of Science, henceforth referred to as the Assistant Secretary of Science, in accordance with section 201(b) of this Act, shall submit to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for the allocation of funds authorized by this Act for the corresponding fiscal year. The plan shall include a description of how the allocation of funding will-- (1) affect trends in research support for major fields and subfields of the physical sciences, mathematics, and engineering, including emerging multidisciplinary areas; (2) affect the utilization of the Department's facilities; (3) address the workforce needs by field of science, mathematics, and engineering; and (4) ensure that research in the physical sciences, mathematics, and engineering is adequate to address important research opportunities in these fields. TITLE II--SCIENCE MANAGEMENT SEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS. (a) Effective Top-Level Coordination of Research and Development Programs.--Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended to read as follows: ``(b)(1) There shall be in the Department an Under Secretary for Energy Research and Science, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(2) The Under Secretary for Energy Research and Science shall be appointed from among persons who-- ``(A) have extensive background in scientific or engineering fields; and ``(B) are well qualified to manage the civilian research and development programs of the Department of Energy. ``(3) The Under Secretary for Energy Research and Science shall-- ``(A) serve as the Science and Technology Advisor to the Secretary; ``(B) monitor the Department's research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; ``(C) advise the Secretary with respect to the well-being and management of the science laboratories under the jurisdiction of the Department; ``(D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; ``(E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and ``(F) exercise authority and responsibility over Assistant Secretaries carrying out energy research and development and energy technology functions under sections 203 and 209, as well as other elements of the Department assigned by the Secretary.''. (b) Reconfiguration of Position of Director of the Office of Science.--Section 209 of the Department of Energy Organization Act (41 U.S.C. 7139) is amended to read as follows: ``office of science ``Sec. 209. (a) There shall be within the Department an Office of Science, to be headed by an Assistant Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(b) The Assistant Secretary of Science shall be in addition to the Assistant Secretaries provided for under section 203 of this Act. ``(c) It shall be the duty and responsibility of the Assistant Secretary of Science to carry out the fundamental science and engineering research functions of the Department, including the responsibility for policy and management of such research, as well as other functions vested in the Secretary which he may assign to the Assistant Secretary.''. (c) Additional Assistant Secretary Position To Enable Improved Management of Nuclear Energy Issues.--(1) Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by striking ``There shall be in the Department six Assistant Secretaries'' and inserting ``Except as provided in section 209, there shall be in the Department seven Assistant Secretaries''. (2) It is the sense of the House of Representatives that the leadership for departmental missions in nuclear energy should be at the Assistant Secretary level. (d) Technical and Conforming Amendments.--(1) Section 202 of the Department of Energy Organization Act (42 U.S.C. 7132) is further amended by adding the following at the end: ``(d) There shall be in the Department an Under Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, consistent with this section. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(e) There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate. The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (2) Section 5314 of title 5, United States Code, is amended by striking ``Under Secretaries of Energy (2)'' and inserting ``Under Secretaries of Energy (3)''. (3) Section 5315 of title 5, United States Code, is amended by-- (A) striking ``Director, Office of Science, Department of Energy.''; and (B) striking ``Assistant Secretaries of Energy (6)'' and inserting ``Assistant Secretaries of Energy (8)''. (4) The table of contents for the Department of Energy Organization Act (42 U.S.C. 7101 note) is amended-- (A) by striking ``Section 209'' and inserting ``Sec. 209''; (B) by striking ``213.'' and inserting ``Sec. 213.''; (C) by striking ``214.'' and inserting ``Sec. 214.''; (D) by striking ``215.'' and inserting ``Sec. 215.''; and (E) by striking ``216.'' and inserting ``Sec. 216.''. SEC. 202. SCIENCE ADVISORY BOARD FOR THE OFFICE OF SCIENCE. (a) Establishment.--There shall be in the Office of Science a Science Advisory Board, comprising the chairs of the advisory panels for each of the programs. (b) Responsibilities.--The Science Advisory Board shall-- (1) serve as the science advisor to the Assistant Secretary of Science; (2) advise the Assistant Secretary with respect to the well-being and management of the multipurpose laboratories; (3) advise the Assistant Secretary with respect to education and workforce-training activities required for effective short- and long-term basic and applied research activities of the Office of Science; and (4) advise the Assistant Secretary with respect to the well-being of the university research programs supported by the Office of Science.

Summary: Energy and Science Research Investment Act of 2003 - Instructs the Secretary of Energy to: (1) conduct a comprehensive fundamental research program in designated sciences; and (2) upgrade and expand scientific user facilities maintained by the Office of Science in order to ensure that fundamental science programs aid the applied research and development programs of the Department of Energy (DOE).Authorizes appropriations for FY 2004 through 2007.Amends the Department of Energy Organization Act to establish within DOE: (1) an Under Secretary for Energy Research and Science, to serve as the Science and Technology Advisor to the Secretary, and to exercise authority and responsibility over Assistant Secretaries implementing energy research and development, and energy technology functions; (2) an Assistant Secretary of Science to head the Office of Science (currently headed by a Director); (3) an additional position for Assistant Secretary; (4) the position of General Counsel; and (5) a Science Advisory Board composed of the chairs of the advisory panels for each of the programs.