SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Focus on Children Act''.

SEC. 2. STUDIES AND REPORTS OF THE CONGRESSIONAL BUDGET OFFICE RELATING
              TO THE IMPACT OF LEGISLATION ON SPENDING ON CHILDREN.

    Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C.
602(g)) is amended--
            (1) in the heading, by inserting ``and Reports to
        Congress'' after ``Studies''; and
            (2) by adding at the end the following:
            ``(3) Spending on children studies and reports.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `budget of the President'
                        means the budget of the President submitted to
                        Congress under section 1105(a) of title 31,
                        United States Code;
                            ``(ii) the term `child' means an individual
                        under 19 years of age;
                            ``(iii) the term `key indicator' includes
                        information relating to the outlays described
                        in subclause (I), (II), (III), or (IV) of
                        clause (iv); and
                            ``(iv) the term `spending on children'
                        includes--
                                    ``(I) outlays under an entitlement
                                authority that go directly to children;
                                    ``(II) outlays for a Federal
                                program or initiative that, consistent
                                with the mission of the program or
                                initiative, delivers services
                                exclusively to children;
                                    ``(III) outlays for a Federal
                                program or initiative that, while not
                                serving children directly, has as a
                                core mission goal the improvement of
                                the health, education, welfare, or
                                general well-being of children; and
                                    ``(IV) for a Federal program or
                                initiative that delivers services to
                                both children and adults, the portion
                                of outlays under the program or
                                initiative attributable to providing
                                benefits for children, based on the
                                best available data.
                    ``(B) Studies.--At the request of the Chairman or
                Ranking Member of a committee of the Senate or the
                House of Representatives, the Director shall, to the
                extent practicable, conduct a study of a bill, joint
                resolution, amendment, amendment between the Houses, or
                conference report containing changes in spending on
                children.
                    ``(C) Annual reports on spending.--Not later than
                15 days after the last day of each fiscal year, the
                Director shall submit to Congress a report that
                includes--
                            ``(i) information and data regarding
                        spending on children under appropriation Acts,
                        including continuing resolutions, for that
                        fiscal year;
                            ``(ii) information and data regarding
                        spending on children under an entitlement
                        authority for that fiscal year;
                            ``(iii) the share of Federal spending that
                        constitutes spending on children under
                        appropriation Acts, including continuing
                        resolutions, for that fiscal year; and
                            ``(iv) the share of Federal spending that
                        constitutes spending on children under an
                        entitlement authority for that fiscal year.
                    ``(D) Annual reports on the budget of the
                president.--Not later than 15 days after the date on
                which the President submits to Congress the budget of
                the President for a fiscal year, the Director shall
                submit to Congress a report on the budget of the
                President that includes, for the prior fiscal year, the
                current fiscal year, the fiscal year for which the
                budget of the President is submitted, and the ensuing
                fiscal year--
                            ``(i) a summary of the total amount of the
                        appropriations or new obligational authority
                        and outlays requested for spending on children;
                            ``(ii) an estimate of the level of spending
                        on children;
                            ``(iii) an estimate of the share of Federal
                        spending that constitutes spending on children;
                        and
                            ``(iv) an estimate of the date on which
                        Federal spending on children will be less than
                        outlays for interest on the public debt.
                    ``(E) Warning reports.--
                            ``(i) In general.--At the discretion of the
                        Director, the Director may provide a warning
                        report to Congress regarding a fiscal year in
                        which outlays for interest on the public debt
                        will exceed spending on children.
                            ``(ii) Contents of warning reports.--The
                        Director may include in a report issued under
                        clause (i) a list of possible budgetary options
                        that may be used by Congress in order to
                        prevent such an imbalance between outlays for
                        interest on the public debt and spending on
                        children.
                    ``(F) Open data and transparency.--
                            ``(i) In general.--The Director shall
                        publish all of the reports and studies required
                        under this paragraph in a publicly accessible
                        format, including through--
                                    ``(I) the dashboard described in
                                clause (ii); and
                                    ``(II) the open data portal
                                described in clause (iii).
                            ``(ii) Dashboard.--The Director shall
                        develop and maintain on an Internet website
                        available to the public a tool (commonly
                        referred to as a `dashboard') that--
                                    ``(I) highlights the key indicators
                                identified in the reports and studies
                                required under this paragraph; and
                                    ``(II) uses visualization tools to
                                assist the public in understanding
                                trends in spending on children over
                                periods of time.
                            ``(iii) Open data portal.--The Director
                        shall develop and maintain an Internet website
                        available to the public that--
                                    ``(I) provides raw quantitative
                                data relating to spending on children
                                contained in reports and studies
                                required under this paragraph;
                                    ``(II) provides that data in a
                                widely-accessible file format that
                                allows the public to analyze the data;
                                and
                                    ``(III) categorizes that data by
                                budget account.''.

Summary: Focus on Children Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to produce studies and reports regarding federal spending on children. The CBO must provide: studies of legislation containing changes in spending on children, upon the request of a congressional committee, an annual report regarding spending on children. And an annual report on the President's budget request for spending on children. The CBO may provide a warning report to Congress regarding a fiscal year in which outlays for interest on the public debt will exceed spending on children. The CBO must also develop and maintain a public website that includes: the reports and studies required by this bill, a dashboard containing key indicators and visualization tools to assist the public in understanding trends in spending on children, and an open data portal that contains quantitative data on federal spending on children.

Focus on Children Act


SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL
              SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL-
              RELATED GROUPS.

    (a) In General.--Section 1886 of the Social Security Act (42 U.S.C.
1395ww) is amended by adding at the end the following new subsection:
    ``(j) Prospective Payment for Inpatient Rehabilitation Services.--
            ``(1) In general.--Notwithstanding section 1814(b), but
        subject to the provisions of section 1813, the amount of the
        payment with respect to the operating and capital costs of
        inpatient hospital services of a rehabilitation hospital or a
        rehabilitation unit (in this subsection referred to as a
        `rehabilitation facility') for a discharge is equal to the per
        discharge payment rate established under this subsection.
            ``(2) Functional-related groups.--
                    ``(A) Establishment.--The Secretary shall
                establish--
                            ``(i) classes of discharges of
                        rehabilitation facilities by functional-related
                        groups (each in this subsection referred to as
                        a `functional-related group' or `FRG'), based
                        on impairment, age, and functional capability
                        of the discharged individual and such other
                        factors as the Secretary deems appropriate, and
                            ``(ii) a method of classifying specific
                        discharges from rehabilitation facilities
                        within these groups.
                    ``(B) Weighting factors.--For each functional-
                related group the Secretary shall assign an appropriate
                weighting which reflects the relative facility
                resources used with respect to discharges classified
                within that group compared to discharges classified
                within other groups.
                    ``(C) Adjustments.--The Secretary shall from time
                to time adjust the classifications and weighting
                factors established under this paragraph as appropriate
                to correct for forecast errors and to reflect changes
                in treatment patterns, technology, and other factors
                which may affect the relative use of resources.
            ``(3) Payment rate.--
                    ``(A) In general.--The Secretary shall determine a
                prospective payment rate for each rehabilitation
                facility discharge for which such rehabilitation
                facility is entitled to receive payment under this
                title. Subject to subparagraph (B), such rate for
                discharges during a fiscal year shall be based on the
                average payment per discharge under this title for
                inpatient operating and capital costs of rehabilitation
                facilities in fiscal year 1995 (as estimated by the
                Secretary) adjusted--
                            ``(i) by updating such per-discharge amount
                        to the fiscal year involved by the applicable
                        percentage increases provided under subsection
                        (b)(3)(B)(i) for each year after fiscal year
                        1995 and up to the fiscal year involved;
                            ``(ii) by reducing such rates by a factor
                        equal to the proportion of payments under this
                        subsection (as estimated by the Secretary)
                        based on FRG prospective payment amounts which
                        are additional payments described in paragraph
                        (4) (relating to outlier and related payments)
                        or paragraph (7);
                            ``(iii) for variations among rehabilitation
                        facilities by area under paragraph (6);
                            ``(iv) by the weighting factors established
                        under paragraph (2)(B); and
                            ``(v) by such other factors as the
                        Secretary determines are necessary to properly
                        reflect variations in necessary costs of
                        treatment among rehabilitation facilities.
                    ``(B) Budget neutral rates.--The Secretary shall
                establish the prospective payment amounts under this
                subsection for discharges during each of fiscal years
                1998 through 2002 at levels such that, in the
                Secretary's estimation, the amount of total payments
                under this subsection for each such fiscal year
                (including any payment adjustments pursuant to
                paragraph (7)) shall not exceed the amount of payments
                that would have been made under this title during the
                fiscal year for operating and capital costs of
                rehabilitation facilities had this subsection not been
                enacted.
            ``(4) Outlier and special payments.--
                    ``(A) Outliers.--
                            ``(i) Day outliers.--The Secretary shall
                        provide for an additional payment to a
                        rehabilitation facility for discharges in a
                        functional-related group, the lengths of stay
                        of which exceeded the mean length of stay for
                        discharges within that group by a fixed number
                        of days or exceeds such mean length of stay by
                        some fixed number of deviations, whichever is
                        the fewer number of days.
                            ``(ii) Requesting additional payments.--For
                        cases not included in clause (i), a
                        rehabilitation facility may request additional
                        payments in any case in which charges, adjusted
                        to cost, exceed a fixed multiple of the
                        applicable prospective payment rate, or exceed
                        such other fixed dollar amount, whichever is
                        greater, or exceed the prospective payment rate
                        plus a fixed dollar amount determined by the
                        Secretary.
                            ``(iii) Payment based on marginal cost of
                        care.--The amount of such additional payment
                        under clauses (i) and (ii) shall be determined
                        by the Secretary and shall approximate the
                        marginal cost of care beyond the cutoff point
                        applicable under clause (i) or (ii).
                            ``(iv) Total payments.--The total amount of
                        the additional payments made under this
                        subparagraph for discharges in a fiscal year
                        may not be less than 5 percent nor more than 6
                        percent of the total payments projected or
                        estimated to be made based on FRG prospective
                        payment rates for discharges in that year.
                    ``(B) Adjustment.--The Secretary may provide for
                such adjustments to the payment amounts under this
                subsection as the Secretary deems appropriate to take
                into account the unique circumstances of rehabilitation
                facilities located in Alaska and Hawaii.
            ``(5) Publication.--The Secretary shall provide for
        publication in the Federal Register, on or before September 1
        before each fiscal year (beginning with fiscal year 1998), of
        the classification and weighting factors for FRGs under
        paragraph (2) for such fiscal year and a description of the
        methodology and data used in computing the prospective payment
        rates under this subsection for that fiscal year.
            ``(6) Area wage adjustment.--The Secretary shall adjust the
        proportion (as estimated by the Secretary from time to time) of
        rehabilitation facilities' costs which are attributable to
        wages and wage-related costs, of the prospective payment rates
        computed under paragraph (3) for area differences in wage
        levels by a factor (established by the Secretary) reflecting
        the relative hospital wage level in the geographic area of the
        rehabilitation facility compared to the national average wage
        level for such facilities. Not later than October 1, 1998 (and
        at least every 12 months thereafter), the Secretary shall
        update the factor under the preceding sentence on the basis of
        a survey conducted by the Secretary (and updated as
        appropriate) of the wages and wage-related costs incurred in
        furnishing rehabilitation services. Any adjustments or updates
        made under this paragraph for a fiscal year shall be made in a
        manner that assures that the aggregated payments under this
        subsection in the fiscal year are not greater or less than
        those that would have been made in the year without such
        adjustment.
            ``(7) Additional adjustments.--The Secretary shall provide
        by regulation for--
                    ``(A) an additional payment to take into account
                indirect costs of medical education and the special
                circumstances of hospitals that serve a significantly
                disproportionate number of low-income patients in a
                manner similar to that provided under subparagraphs (B)
                and (F), respectively, of subsection (d)(5); and
                    ``(B) such other exceptions and adjustments to
                payment amounts under this subsection in a manner
                similar to that provided under subsection (d)(5)(I) in
                relation to payments under subsection (d).
            ``(8) Limitation on review.--There shall be no
        administrative or judicial review under section 1878 or
        otherwise of--
                    ``(A) the establishment of FRGs, of the methodology
                for the classification of discharges within such
                groups, and of the appropriate weighting factors
                thereof under paragraph (2), and
                    (B) the establishment of the prospective payment
                rates under paragraph (3).''.
    (b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C.
1395ww(b)) is amended--
            (1) in paragraph (1), by inserting ``and other than a
        rehabilitation facility described in subsection (j)(1)'' after
        ``subsection (d)(1)(B)'', and
            (2) in paragraph (3)(B)(i), by inserting ``and subsection
        (j)'' after ``For purposes of subsection (d)''.
    (c) Effective Date.--The amendments made by this section shall
apply to cost reporting periods beginning on or after October 1, 1997.

Summary: Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups.

To amend title XVIII of the Social Security Act to provide for prospective payment under the Medicare program for inpatient services of rehabilitation hospitals and units based on discharges classified by functional-related groups.


SECTION 1. SHORT TITLE, REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Public Health
Pesticides Protection Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Insecticide, Fungicide, and Rodenticide
Act.

SEC. 2. DEFINITIONS.

    (a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended
by adding at the end the following: ``The Administrator shall consider
the risks and benefits of public health pesticides separate from the
risks and benefits of other pesticides. In weighing any regulatory
action concerning a public health pesticide under this Act, the
Administrator shall weigh any risks of the pesticide against the health
risks such as the diseases transmitted by the vector to be controlled
by the pesticide.''.
    (b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding
at the end the following:
    ``(hh) Minor Use.--The term `minor use' means the total anticipated
small volume use of any pesticide product against a particular pest or
group of pests which, by itself, would not economically justify a full,
separate pesticide registration. Wherever a minor use is designated in
this Act for agricultural crop production or agricultural uses, such
term includes any use intended to protect the public from insects or
other pests or the diseases which such pests may transmit to man or
domestic animals.
    ``(ii) Public Health Pesticide.--The term `public health pesticide'
means any minor use pesticide product registered for use and used
predominantly in public health programs for vector control or for other
recognized health protection uses, including the prevention or
mitigation of viruses, bacteria, or other microorganisms (other than
viruses, bacteria, or other microorganisms on or in living man or other
living animal) that pose a threat to public health.
    ``(jj) Vector.--The term `vector' means any animal capable of
transmitting the causative agent of human disease or capable of
producing human discomfort or injury, including mosquitoes, flies,
fleas, cockroaches, or other insects and ticks, mites, or rats.''.

SEC. 3. REGISTRATION.

    Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended--
            (1) by inserting after ``pattern of use,'' the following:
        ``the public health and agricultural need for such minor
        use,'', and
            (2) by striking out ``potential exposure of man and the
        environment to the pesticide'' and inserting in lieu thereof
        ``potential beneficial or adverse effects on man and the
        environment''.

SEC. 4. REREGISTRATION.

    Section 4 (7 U.S.C. 136a-1) is amended--
            (1) in subsection (i)(4), by redesignating subparagraphs
        (B) and (C) as subparagraphs (C) and (D), respectively and by
        adding after subparagraph (A) the following:
                    ``(B) Any pesticide defined as a public health
                pesticide of which more than 50 percent of its usage is
                devoted to the promotion of public health shall be
                exempt from fees prescribed by paragraph (3).''.
            (2) in subsection (i)(5), by redesignating subparagraphs
        (F) and (G) as subparagraphs (G) and (H), respectively, and by
        adding after subparagraph (E) the following:
                    ``(F) An end use product that is registered for a
                public health pesticide of which at least 50 percent of
                its usage is devoted to the promotion of public health
                shall be exempt from the fees prescribed by this
                paragraph.''.
            (3) in subsection (i)(7)(B), by striking out ``or to
        determine'' and inserting in lieu thereof ``, to determine''
        and by inserting before the period the following: ``, or to
        determine the volume usage for public health pesticides''.
            (4) in subsection (k)(3)(A), by striking out ``or'' at the
        end of clause (i), by striking the period at the end of clause
        (ii) and inserting in lieu thereof ``; or'', and by inserting
        after clause (ii) the following:
                            ``(iii) proposes the initial or amended
                        registration of an end use pesticide that, if
                        registered as proposed, would be used for a
                        public health pesticide.''.

SEC. 5. CANCELLATION.

    Section 6(b) is amended by striking out ``or'' at the end of
paragraph (1), by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; or'', and by adding after paragraph
(2) the following:
            ``(3) if a pesticide is registered or proposed for
        registration for public health uses, to send the notice
        specified in this subsection to the Secretary of Health and
        Human Services for review.
 The Secretary of Health and Human Services shall comment under
paragraph (3) in accordance with the procedures followed and subject to
the same conditions as comments by the Secretary of Agriculture in the
case of agricultural pesticides.''.

SEC. 6. VIEWS.

    Section 21 (7 U.S.C. 136s) is amended by redesignating subsections
(b) and (c) as subsections (c) and (d), respectively, and by adding
after subsection (a) the following:
    ``(b) Secretary of Health and Human Services.--The Administrator,
before publishing regulations under this Act for any public health
pesticide, shall solicit the views of the Secretary of Health and Human
Services in the same manner as the views of the Secretary of
Agriculture are solicited under section 25(a).''.

SEC. 7. AUTHORITY OF ADMINISTRATOR.

    Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended--
            (1) by inserting after ``various classes of pesticides''
        the following: ``, including public health pesticides,'', and
            (2) by striking out ``and nonagricultural pesticides'' and
        inserting in lieu thereof ``, nonagricultural, and public
        health pesticides''.

SEC. 8. IDENTIFICATION OF PESTS.

    Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the
following:
    ``(d) Public Health Pests.--The Administrator, in coordination with
the Secretary of Health and Human Services, shall identify pests of
significant public health importance and, in coordination with the
Public Health Service, develop and implement programs to improve and
facilitate the safe and necessary use of chemical, biological, and
other methods to combat and control such pests of public health
importance.''.

SEC. 9. PUBLIC HEALTH PESTICIDES.

    The Federal Insecticide, Fungicide, and Rodenticide Act is amended
by adding at the end the following:

``SEC. 32. PUBLIC HEALTH PESTICIDES.

    ``The Administrator, in conjunction with the Secretary of Health
and Human Services, shall submit an annual report to the Congress by
March 1 of each year describing the uses of public health pesticides to
promote human health protection in the United States. The report shall
include
            ``(1) an analysis of vector control practices,
            ``(2) an analysis of the approximately 50 diseases which
        are associated with arthropods or other vectors, including a
        consideration of the impact of vector control on the incidence
        of such diseases,
            ``(3) an analysis of the role of IPM in vector control and
        how agricultural IPM practices impact public health vector
        control, and
            ``(4) an analysis of public health pesticides, including
        the benefits of vectored disease prevention and a comparison of
        such benefits to the relative risks of the use of public health
        pesticides and the risks of vectored diseases.''.

Summary: Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a public health pesticide as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses. And (2) vector as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Gift Card Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Debit card.--The term ``debit card'' has the meaning
        given the term in section 603(r)(3) of the Fair Credit
        Reporting Act (15 U.S.C. 1681a(r)(3)).
            (2) Dormancy fee; inactivity charge or fee.--The terms
        ``dormancy fee'' and ``inactivity charge or fee'' mean a fee,
        charge, or penalty for non-use or inactivity of a gift
        certificate, store gift card, or general-use prepaid card.
            (3) Financial institution.--The term ``financial
        institution'' has the meaning given the term in section 603(t)
        of the Fair Credit Reporting Act (15 U.S.C. 1681a(t)).
            (4) General-use prepaid card, gift certificate, and store
        gift card.--
                    (A) General-use prepaid card.--The term ``general-
                use prepaid card'' means a card or other electronic
                payment device issued by a financial institution or
                licensed money transmitter that is--
                            (i) redeemable at multiple, unaffiliated
                        merchants or service providers, or automated
                        teller machines;
                            (ii) issued in a requested amount whether
                        or not that amount may, at the option of the
                        issuer, be increased in value or reloaded if
                        requested by the holder;
                            (iii) purchased or loaded on a prepaid
                        basis; and
                            (iv) honored, upon presentation, by
                        merchants for goods or services, or at
                        automated teller machines.
                    (B) Gift certificate.--The term ``gift
                certificate'' means a written promise that is--
                            (i) redeemable at a single merchant or an
                        affiliated group of merchants that share the
                        same name, mark, or logo;
                            (ii) issued in a specified amount and
                        cannot be increased;
                            (iii) purchased on a prepaid basis in
                        exchange for payment; and
                            (iv) honored upon presentation by such
                        single merchant or affiliated group of
                        merchants for goods or services.
                    (C) Store gift card.--The term ``store gift card''
                means a plastic card or other electronic payment device
                that is--
                            (i) redeemable at a single merchant or an
                        affiliated group of merchants that share the
                        same name, mark, or logo;
                            (ii) issued in a specified amount and may
                        or may not be increased in value or reloaded;
                            (iii) purchased on a prepaid basis in
                        exchange for payment; and
                            (iv) honored upon presentation by such
                        single merchant or affiliated group of
                        merchants for goods or services.
                    (D) Exclusions.--The terms ``general-use prepaid
                card'', ``gift certificate'', and ``store gift card''
                do not include a written promise, plastic card, or
                other electronic device that is--
                            (i) used solely for telephone services; or
                            (ii) associated with a demand deposit,
                        checking, savings, or similar account that--
                                    (I) is in the name of an individual
                                or on behalf of an individual at a bank
                                or financial institution; and
                                    (II) provides payment solely by
                                debiting such account.
            (5) Licensed money transmitter.--The term ``licensed money
        transmitter'' means a person who sells or issues payment
        instruments or engages in the business of receiving money for
        transmission or transmitting money within the United States or
        to locations abroad by any and all means, including payment
        instrument, wire, facsimile, or electronic transfer.
            (6) Service fee.--The term ``service fee'' means a periodic
        fee, charge, or penalty for holding or use of a gift
        certificate, store gift card, or general-use prepaid card.

SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING GIFT CARDS.

    (a) Prohibition on Imposition of Fees or Charges.--
            (1) In general.--Except as provided under paragraphs (2)
        through (4), it shall be unlawful for any person to impose,
        with respect to a gift certificate, store gift card, or
        general-use prepaid card, a dormancy fee, inactivity charge or
        fee, or a service fee.
            (2) Exception.--A dormancy fee, inactivity charge or fee,
        or service fee may be charged with respect to a gift
        certificate, store gift card, or general-use prepaid card if--
                    (A) such certificate or card has a remaining value
                of $5 or less at the time such charge or fee is
                assessed;
                    (B) such charge or fee does not exceed $1;
                    (C)(i) there has been no activity with respect to
                the certificate or card in the 24-month period ending
                on the date the charge or fee is imposed; and
                    (ii) the certificate or card was issued more than
                24 months before such date;
                    (D) the holder of the certificate or card may
                reload or add value to the certificate or card; and
                    (E) the disclosure requirements of paragraph (3)
                are met.
            (3) Disclosure requirements.--The disclosure requirements
        of this paragraph are met if--
                    (A) the gift certificate, store gift card, or
                general-use prepaid card clearly and conspicuously
                states in at least 10-point type--
                            (i) that a dormancy fee, inactivity charge
                        or fee, or service fee may be charged;
                            (ii) the amount of such fee or charge;
                            (iii) how often such fee or charge may be
                        assessed; and
                            (iv) that such fee or charge may be
                        assessed for inactivity; and
                    (B) the issuer of such certificate or card informs
                the purchaser of such charge or fee before such
                certificate or card is purchased, regardless of whether
                the certificate or card is purchased in person, over
                the Internet, or by telephone.
            (4) Exclusion.--The prohibition under paragraph (1) shall
        not apply to gift certificates that--
                    (A)(i) are distributed pursuant to an award,
                loyalty, or promotional program; and
                    (ii) with respect to which there is no money or
                other value exchanged; or
                    (B)(i) expire not later than 30 days after the date
                they are sold; and
                    (ii) are sold below the face value of the
                certificate to an employer or to a nonprofit or
                charitable organization for fund-raising purposes.
    (b) Prohibition on Sale of Gift Cards With Expiration Dates.--
            (1) In general.--Except as provided under paragraph (2), it
        shall be unlawful for any person to sell or issue a gift
        certificate, store gift card, or general-use prepaid card that
        is subject to an expiration date.
            (2) Exceptions.--A gift certificate, store gift card, or
        general-use prepaid card may contain an expiration date if--
                    (A) the expiration date is not less than 5 years
                after the date on which the card is purchased; and
                    (B) the terms of expiration are prominently
                disclosed in all capital letters that are at least 10-
                point type.

SEC. 4. RELATION TO STATE LAWS.

    This Act and any regulations or standards established pursuant to
this Act shall not supersede any provision of State law with respect to
dormancy fees, inactivity charges or fees, service fees, or expiration
dates of gift certificates, store gift cards, or general-use prepaid
cards.

SEC. 5. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
    (c) Individual Cause of Action.--Nothing in this Act shall be
construed to limit an individual's rights to enforce a State law
relating to unfair or deceptive acts or practices.

Summary: Fair Gift Card Act of 2009 - Declares it unlawful, with certain exceptions, for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Declares it unlawful, with certain exceptions, for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. Requires any violation of this Act to be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.

A bill to prohibit unfair or deceptive acts or practices relating to gift certificates, store gift cards, and other general-use prepaid cards, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global AIDS Research and Relief Act
of 2001''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) AIDS.--The term ``AIDS'' means the acquired immune
        deficiency syndrome.
            (2) Association.--The term ``Association'' means the
        International Development Association.
            (3) Bank.--The term ``Bank'' or ``World Bank'' means the
        International Bank for Reconstruction and Development.
            (4) HIV.--The term ``HIV'' means the human immunodeficiency
        virus, the pathogen, which causes AIDS.
            (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to
        an individual, an individual who is infected with HIV or living
        with AIDS.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) According to the Surgeon General of the United States,
        the epidemic of human immunodeficiency virus/acquired immune
        deficiency syndrome (HIV/AIDS) will soon become the worst
        epidemic of infectious disease in recorded history, eclipsing
        both the bubonic plague of the 1300s and the influenza epidemic
        of 1918-1919 which killed more than 20,000,000 people
        worldwide.
            (2) According to the Joint United Nations Programme on HIV/
        AIDS (UNAIDS), more than 36,100,000 people in the world today
        are living with HIV/AIDS, of which approximately 95 percent
        live in the developing world.
            (3) UNAIDS data shows that among children age 15 and under
        worldwide, more than 4,300,000 have died from AIDS, more than
        1,400,000 are living with the disease; and in 1 year alone--
        2000--an estimated 600,000 became infected, of which over 90
        percent were babies born to HIV-positive women.
            (4) Although sub-Saharan Africa has only 10 percent of the
        world's population, it is home to more than 25,300,000--roughly
        70 percent--of the world's HIV/AIDS cases.
            (5) Worldwide, there have already been an estimated
        21,800,000 deaths because of HIV/AIDS, of which more than 80
        percent occurred in sub-Saharan Africa.
            (6) According to UNAIDS, by the end of 1999, 13,200,000
        children have lost at least one parent to AIDS, including
        12,100,000 children in sub-Saharan Africa, and are thus
        considered AIDS orphans.
            (7) At current infection and growth rates for HIV/AIDS, the
        National Intelligence Council estimates that the number of AIDS
        orphans worldwide will increase dramatically, potentially
        increasing threefold or more in the next 10 years, contributing
        to economic decay, social fragmentation, and political
        destabilization in already volatile and strained societies.
        Children without care or hope are often drawn into
        prostitution, crime, substance abuse, or child soldiery.
            (8) The discovery of a relatively simple and inexpensive
        means of interrupting the transmission of HIV from an infected
        mother to the unborn child--namely with nevirapine (NVP), which
        costs $4 a tablet--has created a great opportunity for an
        unprecedented partnership between the United States Government
        and the governments of Asian, African, and Latin American
        countries to reduce mother-to-child transmission (also known as
        ``vertical transmission'') of HIV.
            (9) According to UNAIDS, if implemented this strategy will
        decrease the proportion of orphans that are HIV-infected and
        decrease infant and child mortality rates in these developing
        regions.
            (10) A mother-to-child antiretroviral drug strategy can be
        a force for social change, providing the opportunity and
        impetus needed to address often longstanding problems of
        inadequate services and the profound stigma associated with
        HIV-infection and the AIDS disease. Strengthening the health
        infrastructure to improve mother-and-child health, antenatal,
        delivery, and postnatal services, and couples counseling
        generates enormous spillover effects toward combating the AIDS
        epidemic in developing regions.
            (11) A January 2000 United States National Intelligence
        Estimate (NIE) report on the global infectious disease threat
        concluded that the economic costs of infectious diseases--
        especially HIV/AIDS--are already significant and could reduce
        GDP by as much as 20 percent or more by 2010 in some sub-
        Saharan African nations.
            (12) The HIV/AIDS epidemic is of increasing concern in
        other regions of the world, with UNAIDS estimating that there
        are more than 5,800,000 cases in South and Southeast Asia, that
        the rate of HIV infection in the Caribbean is second only to
        sub-Saharan Africa, and that HIV infections have doubled in
        just 2 years in the former Soviet Union.
            (13) Russia is the new ``hot spot'' for the pandemic and
        more Russians are expected to be diagnosed with HIV/AIDS by the
        end of 2001 than all cases from previous years combined.
            (14) Despite the discouraging statistics on the spread of
        HIV/AIDS, some developing nations-- such as Uganda, Senegal,
and Thailand--have implemented prevention programs that have
substantially curbed the rate of HIV infection.
            (15) Accordingly, United States financial support for
        medical research, education, and disease containment as a
        global strategy has beneficial ramifications for millions of
        Americans and their families who are affected by this disease,
        and the entire population, which is potentially susceptible.
    (b) Purposes.--The purposes of this Act are to--
            (1) help prevent human suffering through the prevention,
        diagnosis, and treatment of HIV/AIDS; and
            (2) help ensure the viability of economic development,
        stability, and national security in the developing world by
        advancing research to--
                    (A) understand the causes associated with HIV/AIDS
                in developing countries; and
                    (B) assist in the development of an AIDS vaccine.

SEC. 4. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS.

    Paragraphs (4) through (6) of section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)) are amended to read as
follows:
            ``(4)(A) Congress recognizes the growing international
        dilemma of children with the human immunodeficiency virus (HIV)
        and the merits of intervention programs aimed at this problem.
        Congress further recognizes that mother-to-child transmission
        prevention strategies can serve as a major force for change in
        developing regions, and it is, therefore, a major objective of
        the foreign assistance program to control the acquired immune
        deficiency syndrome (AIDS) epidemic.
            ``(B) The agency primarily responsible for administering
        this part shall--
                    ``(i) coordinate with UNAIDS, UNICEF, WHO, national
                and local governments, other organizations, and other
                Federal agencies to develop and implement effective
                strategies to prevent vertical transmission of HIV; and
                    ``(ii) coordinate with those organizations to
                increase intervention programs and introduce voluntary
                counseling and testing, antiretroviral drugs,
                replacement feeding, and other strategies.
            ``(5)(A) Congress expects the agency primarily responsible
        for administering this part to make the human immunodeficiency
        virus (HIV) and the acquired immune deficiency syndrome (AIDS)
        a priority in the foreign assistance program and to undertake a
        comprehensive, coordinated effort to combat HIV and AIDS.
            ``(B) Assistance described in subparagraph (A) shall
        include help providing--
                    ``(i) primary prevention and education;
                    ``(ii) voluntary testing and counseling;
                    ``(iii) medications to prevent the transmission of
                HIV from mother to child;
                    ``(iv) programs to strengthen and broaden health
                care systems infrastructure and the capacity of health
                care systems in developing countries to deliver HIV/
                AIDS pharmaceuticals, prevention, and treatment to
                those afflicted with HIV/AIDS; and
                    ``(v) care for those living with HIV or AIDS.
            ``(6)(A) In addition to amounts otherwise available for
        such purpose, there is authorized to be appropriated to the
        President $600,000,000 for each of the fiscal years 2002 and
        2003 to carry out paragraphs (4) and (5).
            ``(B) Of the funds authorized to be appropriated under
        subparagraph (A), not less than 65 percent is authorized to be
        available through United States and foreign nongovernmental
        organizations, including private and voluntary organizations,
        for-profit organizations, religious affiliated organizations,
        educational institutions, and research facilities.
            ``(C)(i) Of the funds authorized to be appropriated by
        subparagraph (A), priority should be given to programs that
        address the support and education of orphans in sub-Saharan
        Africa, including AIDS orphans and prevention strategies for
        vertical transmission referred to in paragraph (4)(A).
            ``(ii) Assistance made available under this subsection, and
        assistance made available under chapter 4 of part II to carry
        out the purposes of this subsection, may be made available
        notwithstanding any other provision of law that restricts
        assistance to foreign countries.
            ``(D) Of the funds authorized to be appropriated by
        subparagraph (A), not more than 7 percent may be used for the
        administrative expenses of the agency primarily responsible for
        carrying out this part of this Act in support of activities
        described in paragraphs (4) and (5).
            ``(E) Funds appropriated under this paragraph are
        authorized to remain available until expended.''.

Summary: Global AIDS Research and Relief Act of 2001 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to require the agency primarily responsible for administering this Act to coordinate with specified organizations, including other Federal agencies, to develop and implement effective strategies to prevent vertical transmission of human immunodeficiency virus (HIV) and to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. Urges such agency to: (1) make HIV and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program for developing foreign countries. And (2) undertake a comprehensive, coordinated effort to combat HIV and AIDS, including providing programs to strengthen and broaden health care systems infrastructure and capacity to deliver HIVAIDS pharmaceuticals, prevention, and treatment to those afflicted with HIVAIDS. Authorizes appropriations. Urges that priority be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans, and prevention strategies for vertical transmission of HIV.

A bill to amend the Foreign Assistance Act of 1961 to increase the authorization of appropriations for fiscal year 2002, and to authorize appropriations for fiscal year 2003, to combat HIV and AIDS, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Credit Protection
Act''.

SEC. 2. NOTICE OF DEPLOYMENT REQUIRED.

    (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C.
App. 501 et seq.) is amended by adding at the end the following new
title:

                   ``TITLE VIII--NOTICE OF DEPLOYMENT

``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES.

    ``(a) In General.--In the case of the deployment of a servicemember
away from the usual duty station of the servicemember to duty for which
the servicemember is entitled to special pay under section 310(a) of
title 37, United States Code, the Secretary shall--
            ``(1) notify each consumer reporting agency that compiles
        and maintains files on consumers on a nationwide basis of the
        deployment of the servicemember within 30 days after the
        deployment, together with such information as may be necessary
        to permit such consumer reporting agency to comply with section
        605C of the Fair Credit Reporting Act with respect to the
        servicemember; and
            ``(2) notify each such consumer reporting agency when the
        notice under paragraph (1) ceases to apply with respect to such
        servicemember within 30 days after the end of the deployment.
    ``(b) Administrative Action.--The Secretary shall consult with each
consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis and take such action as may be
appropriate to ensure that the Secretary and such consumer reporting
agency can comply with the requirements of this section and section
605C of the Fair Credit Reporting Act in a timely manner.
    ``(c) Definition.--For purposes of this section, the term `consumer
reporting agency that compiles and maintains files on consumers on a
nationwide basis' has the meaning given to such term in section 603(p)
of the Fair Credit Reporting Act.

``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING
              SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE.

    ``(a) In General.--In the case of any person who is subject to a
penalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1),
306(e)(1), or 307(e)(1) in a case involving a servicemember whose
consumer report, at the time of the violation giving rise to such
person's liability for the penalty, contains a combat zone duty alert,
such section shall be applied by substituting `not more than 3 years'
for `not more than one year'.
    ``(b) Definitions.--For purposes of subsection (a), the terms
`combat zone duty alert' and `consumer report' have the same meanings
as in section 603 of the Fair Credit Reporting Act.''.
    (b) Clerical Amendment.--The table of contents for the
Servicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended
by inserting after the item relating to section 706 the following new
items:

                   ``TITLE VIII--NOTICE OF DEPLOYMENT

``Sec. 801. Notice to consumer reporting agencies.
``Sec. 802. Increase in penalties for certain violations involving
                            servicemembers deployed to an overseas
                            combat zone.''.

SEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following new
section:
``Sec. 605C. Combat zone duty alert
    ``(a) In General.--Each consumer reporting agency described in
section 603(p) that receives a notice under section 801(a)(1) of the
Servicemembers Civil Relief Act from the Secretary of Defense with
respect to a consumer who is a servicemember (as defined in section
101(1) of such Act) shall--
            ``(1) include a combat zone duty alert in the file of that
        consumer, and also provide that alert along with any credit
        score generated in using that file, until notified by the
        Secretary of Defense that such consumer no longer qualifies for
        such alert; and
            ``(2) during the period such alert is in effect, exclude
        the consumer from any list of consumers prepared by the
        consumer reporting agency and provided to any third party to
        offer credit or insurance to the consumer as part of a
        transaction that was not initiated by the consumer.
    ``(b) Information on Consumer's Rights Required To Be Included.--
The combat zone duty alert included in any consumer's file pursuant to
subsection (a) shall include a summary of the rights of the consumer
under the Servicemembers Civil Relief Act and the duties of creditors
and other persons under such Act to the consumer.
    ``(c) Notice to Furnishers of Adverse Information.--If any person,
including another consumer reporting agency, furnishes adverse
information to a consumer reporting agency described in section 603(p)
with respect to a consumer whose file includes a combat zone duty alert
under subsection (a)(1), the consumer reporting agency shall notify
such person of the existence of the combat zone duty alert in the file
of such consumer together with the summary of rights and duties
described in subsection (b).
    ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include
in its report any combat zone duty alert placed in the file of a
consumer pursuant to this section by another consumer reporting agency.
    ``(e) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish policies and procedures to comply with
this section and shall cooperate with the Secretary of Defense in
establishing such procedures to ensure effective compliance with the
requirements of this section.
    ``(f) Notice From Secretary.--This section shall cease to apply to
with respect to any consumer as of the date the consumer reporting
agency described in section 603(p) receives a notice from the Secretary
of Defense under section 801(a)(2) relating to such consumer.''.
    (b) Definitions.--
            (1) In general.--Subsection (q) of section 603 of the Fair
        Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding
        at the end the following new paragraph:
            ``(6) Combat zone duty alert.--The term `combat zone duty
        alert' means a statement in the file of a consumer that--
                    ``(A) notifies all prospective users of a consumer
                report relating to the consumer that the consumer is
                serving as a servicemember in a combat zone and
                includes any information required under section 605C;
                and
                    ``(B) is presented in a manner that facilitates a
                clear and conspicuous view of the statement described
                in subparagraph (A) by any person requesting such
                consumer report.''.
            (2) Technical and conforming amendment.--The heading for
        subsection (q) of section 603 of the Fair Credit Reporting Act
        (15 U.S.C. 1681a(q)) is amended by inserting ``and Military''
        after ``to Fraud''.
    (c) Clerical Amendment.--The table of sections for title VI of the
Consumer Credit Protection Act is amended by inserting after the item
relating to section 605B the following new item:

``605C. Combat zone duty alert.''.

Summary: Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment. And (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember. Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone. Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert. And (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer. Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer.

To amend the Servicemembers Civil Relief Act to protect the credit of servicemembers deployed to an overseas combat zone and to facilitate awareness of a servicemember's rights under such Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``Jason's Law''.

SEC. 2. TRUCK PARKING FACILITIES.

    (a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary of Transportation
(referred to in this Act as the ``Secretary'') shall implement a pilot
program to address the shortage of long-term parking for commercial
motor vehicles on the National Highway System.
    (b) Allocation of Funds.--
            (1) In general.--The Secretary shall allocate funds made
        available to carry out this section among States, metropolitan
        planning organizations, and local governments.
            (2) Applications.--To be eligible for an allocation under
        this section, a State (as defined in section 101(a) of title
        23, United States Code), metropolitan planning organization, or
        local government shall submit to the Secretary an application
        at such time and containing such information as the Secretary
        may require.
            (3) Eligible projects.--
                    (A) In general.--Funds allocated under this
                subsection shall be used by the recipient for projects
                described in an application approved by the Secretary.
                    (B) Types of projects.--A project carried out using
                funds allocated under this subsection--
                            (i) shall serve the National Highway
                        System; and
                            (ii) may include--
                                    (I) construction of safety rest
                                areas (as defined in section 120(c) of
                                title 23, United States Code) that
                                include parking for commercial motor
                                vehicles;
                                    (II) construction of commercial
                                motor vehicle parking facilities
                                adjacent to commercial truck stops and
                                travel plazas;
                                    (III) the opening of existing
                                facilities to commercial motor vehicle
                                parking, including inspection and weigh
                                stations and park-and-ride facilities;
                                    (IV) promotion of the availability
                                of publicly or privately provided
                                commercial motor vehicle parking on the
                                National Highway System using
                                intelligent transportation systems and
                                other means;
                                    (V) construction of turnouts along
                                the National Highway System for
                                commercial motor vehicles;
                                    (VI) making capital improvements to
                                public commercial motor vehicle parking
                                facilities that, as of the date of
                                enactment of this Act, are closed on a
                                seasonal basis; and
                                    (VII) improvement of the geometric
                                design of interchanges on the National
                                Highway System to improve access to
                                commercial motor vehicle parking
                                facilities.
            (4) Priority.--In allocating funds made available to carry
        out this section, the Secretary shall give priority to
        applicants that--
                    (A) demonstrate a severe shortage of commercial
                motor vehicle parking capacity in the corridor to be
                addressed;
                    (B) have consulted with affected State and local
                governments, community groups, private providers of
                commercial motor vehicle parking, and motorist and
                trucking organizations; and
                    (C) demonstrate that the proposed projects are
                likely to have positive effects on highway safety,
                traffic congestion, or air quality.
    (c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the pilot program.
    (d) Funding.--
            (1) In general.--There is authorized to be appropriated
        from the Highway Trust Fund (other than the Mass Transit
        Account) to carry out this section $20,000,000 for each of
        fiscal years 2010 through 2015.
            (2) Contract authority.--Funds authorized under this
        subsection shall be available for obligation in the same manner
        as if the funds were apportioned under chapter 1 of title 23,
        United States Code, except that--
                    (A) the funds shall not be transferable and shall
                remain available until expended; and
                    (B) the Federal share of the cost of a project
                under this section shall be determined in accordance
                with subsections (b) and (c) of sections 120 of that
                title.
    (e) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded under this section shall be treated as projects on
a Federal-aid system under chapter 1 of title 23, United States Code.

Summary: Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System. And (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.

A bill to implement a pilot program to establish truck parking facilities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workers' Political Rights Act''.

SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR
              ORGANIZATIONS.

    (a) Contributions to All Political Committees Included.--Paragraph
(2) of section 316(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(2)) is amended by inserting ``political committee,''
after ``campaign committee,''.
    (b) Applicability of Requirements to Labor Organizations.--Section
316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b))
is amended by adding at the end thereof the following new paragraph:
    ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not
apply to a labor organization unless the organization meets the
requirements of subparagraphs (B), (C), and (D).
    ``(B) The requirements of this subparagraph are met only if the
labor organization provides, at least once annually, to all employees
within the labor organization's bargaining unit or units (and to new
employees within 30 days after commencement of their employment)
written notification presented in a manner to inform any such
employee--
            ``(i) that an employee cannot be obligated to pay, through
        union dues or any other mandatory payment to a labor
        organization, for the political activities of the labor
        organization, including, but not limited to, the maintenance
        and operation of, or solicitation of contributions to, a
        political committee, political communications to members, and
        voter registration and get-out-the-vote campaigns;
            ``(ii) that no employee may be required actually to join
        any labor organization, but if a collective bargaining
        agreement covering an employee purports to require membership
        or payment of dues or other fees to a labor organization as a
        condition of employment, the employee may elect instead to pay
        an agency fee to the labor organization;
            ``(iii) that the amount of the agency fee shall be limited
        to the employee's pro rata share of the cost of the labor
        organization's exclusive representation services to the
        employee's collective bargaining unit, including collective
        bargaining, contract administration, and grievance adjustment;
            ``(iv) that an employee who elects to be a full member of
        the labor organization and pay membership dues is entitled to a
        reduction of those dues by the employee's pro rata share of the
        total spending by the labor organization for political
        activities;
            ``(v) that the cost of the labor organization's exclusive
        representation services, and the amount of spending by such
        organization for political activities, shall be computed on the
        basis of such cost and spending for the immediately preceding
        fiscal year of such organization; and
            ``(vi) of the amount of the labor organization's full
        membership dues, initiation fees, and assessments for the
        current year; the amount of the reduced membership dues,
        subtracting the employee's pro rata share of the organization's
        spending for political activities, for the current year; and
        the amount of the agency fee for the current year.
    ``(C) The requirements of this subparagraph are met only if the
labor organization provides all represented employees an annual
examination by an independent certified public accountant of financial
statements supplied by such organization which attests that the
expenditures which the union claimed it made for certain expenses were
actually made for those expenses. Such examination shall be conducted
in accordance with generally accepted auditing standards.
    ``(D) The requirements of this subparagraph are met only if the
labor organization--
            ``(i) maintains procedures to promptly determine the costs
        that may properly be charged to agency fee payors as costs of
        exclusive representation, and explains such procedures in the
        written notification required under subparagraph (B); and
            ``(ii) if any person challenges the costs which may be
        properly charged as costs of exclusive representation--
                    ``(I) provides a mutually selected impartial
                decisionmaker to hear and decide such challenge
                pursuant to rules of discovery and evidence and subject
                to de novo review by the National Labor Relations Board
                or an applicable court; and
                    ``(II) places in escrow amounts reasonably in
                dispute pending the outcome of the challenge.
    ``(E)(i) A labor organization that does not satisfy the
requirements of subparagraphs (B), (C), and (D) shall finance any
expenditures specified in subparagraphs (A), (B), or (C) of paragraph
(2) only with funds legally collected under this Act for its separate
segregated fund.
    ``(ii) For purposes of this paragraph, subparagraph (A) of
paragraph (2) shall apply only with respect to communications expressly
advocating the election or defeat of any clearly identified candidate
for elective public office.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply to contributions and
expenditures made after the date of the enactment of this Act.

Summary: Workers' Political Rights Act - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information.

Workers' Political Rights Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drinking Water Affordability Act of
2016''.

SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT.

    (a) National Drinking Water Regulations.--Section 1412(b)(9) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking
the last sentence and inserting ``Any revision of a national primary
drinking water regulation shall be promulgated in accordance with this
section, including paragraphs (3) through (6) of this subsection.''
    (b) Enforcement of Drinking Water Regulations.--Section
1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(h)(1)(C)) is amended by inserting ``or management'' after ``the
transfer of ownership''.
    (c) State Revolving Loan Funds.--
            (1) Assistance for disadvantaged communities.--Section
        1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
        12(d)(2)) is amended by striking ``30'' and inserting ``35''.
            (2) Types of assistance.--Section 1452(f)(1) of the Safe
        Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
                    (A) by redesignating subparagraphs (C) and (D) as
                subparagraphs (D) and (E), respectively;
                    (B) by inserting after subparagraph (B) the
                following new subparagraph:
                    ``(C) each loan will be fully amortized not later
                than 30 years after the completion of the project,
                except that in the case of a disadvantaged community
                (as defined in subsection (d)(3)) a State may provide
                an extended term for a loan, if the extended term--
                            ``(i) terminates not later than the date
                        that is 40 years after the date of project
                        completion; and
                            ``(ii) does not exceed the expected design
                        life of the project;''; and
                    (C) in subparagraph (B), by striking ``1 year after
                completion of the project for which the loan was made''
                and all that follows through ``design life of the
                project;'' and inserting ``18 months after completion
                of the project for which the loan was made;''.
            (3) Administration of state loan funds.--Section 1452(g)(2)
        of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)(2)) is
        amended--
                    (A) in subparagraph (D), by striking the comma and
                inserting a period; and
                    (B) in the matter following subparagraph (D), by
                striking ``if the State matches'' through ``fiscal year
                1993.''.
            (4) Other authorized activities.--Section 1452(k)(1)(C) of
        the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is
        amended by striking ``for fiscal years 1996 and 1997'' and all
        that follows through the period at the end and inserting ``for
        fiscal years 2018 through 2024 to delineate, assess, update
        assessments, and undertake implementation activities with
        respect to source water protection areas in accordance with the
        requirements of a program approved under section 1453,
        excluding any activity required to be conducted under the
        Federal Water Pollution Control Act (33 U.S.C. 1251 et
        seq.).''.
    (d) Exemption From Federal Cross-Cutting Requirements.--Part E of
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding at the end the following new section:

``SEC. 1459A. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS.

    ``Notwithstanding any other provision of law, the Administrator
shall exempt a public water system that receives financial assistance
pursuant to section 1452 from a Federal cross-cutting requirement if
the Administrator determines that the State in which the public water
system is located has in effect a requirement which is as stringent as
the Federal cross-cutting requirement.''.
    (e) Definition of Federal Cross-Cutting Requirement.--Section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at
the end the following new paragraph:
            ``(17) Federal cross-cutting requirement.--The term
        `Federal cross-cutting requirement' means a requirement of a
        Federal law or regulation, compliance with which is a condition
        on receipt of a loan or grant under this title, that, if
        applied to projects and activities receiving such financial
        assistance, would be redundant with a requirement of an
        applicable State or local law.''.

SEC. 3. REPORT.

    Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall prepare and submit
to Congress a report containing--
            (1) the results of a study of cost-effective and
        economically feasible rehabilitation or replacement of drinking
        water infrastructure to meet the goals of the Safe Drinking
        Water Act; and
            (2) an assessment of barriers that preclude communities
        from using materials and technologies studied pursuant to
        paragraph (1).

Summary: Drinking Water Affordability Act of 2016 This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency maintain, or provide greater, protection of human health when revising those regulations. Extending the repayment schedule for loans from the drinking water state revolving funds (SRF), removing certain SRF matching fund requirement for states, authorizing states to protect public drinking water source areas. And removing federal reporting requirements if state or local requirements are at least equally stringent as federal requirements.


SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Family offices are not of national concern in that
        their advice, counsel, publications, writings, analyses, and
        reports are not furnished or distributed to clients on a retail
        basis, but are instead furnished or distributed only to persons
        who are members of a particular family.
            (2) Family offices do not hold themselves out to the public
        as investment advisers.
            (3) Family offices do not engage in the business of
        advising others, but instead provide a wide range of services
        to members of the family they serve, only one of which involves
        investment advice, for which they may receive compensation from
        the members of the family.
            (4) Since the Investment Advisers Act of 1940 was enacted,
        the Securities and Exchange Commission has regularly issued
        orders to individual family offices exempting them from all of
        the provisions of the Investment Advisers Act of 1940.
            (5) Section 409 of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act expressly exempts family offices from
        all of the provisions of the Investment Advisers Act of 1940.
            (6) It was the intent of Congress that section 409 of the
        Dodd-Frank Wall Street Reform and Consumer Protection Act be
        interpreted broadly to encompass all family offices as they are
        currently organized and operated, as well as to encompass
        changes in the organization and operation of family offices in
        the future.

SEC. 2. FAMILY OFFICE DEFINITION.

    Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)) is amended--
            (1) in paragraph (11)(G), in the matter added by section
        409(a) of the Dodd-Frank Wall Street Reform and Consumer
        Protection Act, by striking ``, as defined by rule, regulation,
        or order of the Commission, in accordance with the purposes of
        this title'';
            (2) by redesignating the second paragraph (29), as added by
        section 770 of the Dodd-Frank Wall Street Reform and Consumer
        Protection Act, as paragraph (31); and
            (3) by adding at the end the following new paragraph:
            ``(32) Family office.--
                    ``(A) In general.--The term `family office' means a
                company (including any director, partner, trustee, or
                employee of such company, when acting in their
                respective capacities as such) that--
                            ``(i) has no clients other than family
                        clients;
                            ``(ii) is--
                                    ``(I) owned, directly or
                                indirectly, by,
                                    ``(II) controlled, directly or
                                indirectly, by, or
                                    ``(III) operated primarily for the
                                benefit of,
                        family clients; and
                            ``(iii) does not hold itself out to the
                        public as an investment adviser.
                    ``(B) Grandfathering.--A person described under
                section 409(b)(3) of the Dodd-Frank Wall Street Reform
                and Consumer Protection Act, but who otherwise meets
                the requirements under subparagraph (A), shall qualify
                as a family office.
                    ``(C) Definitions.--For purposes of this paragraph:
                            ``(i) Control.--The term `control' means
                        the power to exercise a controlling influence
                        over the management or policies of a company,
                        unless such power is solely the result of being
                        an officer of such company.
                            ``(ii) Family client.--The term `family
                        client' means:
                                    ``(I) Any family member.
                                    ``(II) Any key employee.
                                    ``(III) Any charitable foundation,
                                charitable organization, charitable
                                trust, or other non-profit organization
                                established or controlled, directly or
                                indirectly, by persons one or more of
                                whom is a family client.
                                    ``(IV) Any trust or estate funded
                                exclusively by one or more family
                                members or established primarily for
                                the benefit of one or more family
                                clients.
                                    ``(V) Any limited liability
                                company, partnership, corporation, or
                                other entity, if--
                                            ``(aa) such entity is
                                        majority-owned or controlled,
                                        directly or indirectly, by, or
                                        operated primarily for the
                                        benefit of, one or more family
                                        clients;
                                            ``(bb) the family office is
                                        giving investment advice to
                                        such entity; and
                                            ``(cc) persons who are not
                                        otherwise defined as a family
                                        client do not own interests in
                                        such entity.
                                    ``(VI) Any former family member.
                                    ``(VII) Any former key employee,
                                if, upon the termination of such
                                individual's employment by the family
                                office or family client, the former key
                                employee shall not receive investment
                                advice from the family office or the
                                family client (or invest additional
                                assets with a family office-advised
                                trust, charitable foundation, or
                                entity), other than with respect to
                                assets advised, directly or indirectly,
                                by the family office or family client
                                immediately prior to the termination of
                                such individual's employment, except
                                that a former key employee shall be
                                permitted to receive investment advice
                                from the family office with respect to
                                additional investments that the former
                                key employee was contractually
                                obligated to make, and that relate to a
                                family office advised investment
                                existing, in each case, prior to the
                                time the person became a former key
                                employee. For purposes of this
                                subclause, the term `family office'
                                shall include any entity described
                                under subclause (V).
                            ``(iii) Family member.--
                                    ``(I) In general.--The term `family
                                member' means:
                                            ``(aa) Any natural person
                                        whose economic activities
                                        created or substantially
                                        contributed to the family's
                                        wealth, and such person's
                                        spouse.
                                            ``(bb) The siblings,
                                        parents, grandparents of a
                                        person described in item (aa).
                                            ``(cc) The spouse of a
                                        person described in item (bb).
                                            ``(dd) The siblings of a
                                        person described in item (bb)
                                        or (cc).
                                            ``(ee) The spouse of a
                                        person described in item (dd).
                                            ``(ff) The lineal
                                        descendant of a person
                                        described in item (bb), (cc),
                                        (dd), or (ee).
                                            ``(gg) The spouse of a
                                        person described in item (ff).
                                    ``(II) Construction.--For purposes
                                of this clause--
                                            ``(aa) the term `lineal
                                        descendant' includes natural
                                        children, adopted children, and
                                        stepchildren;
                                            ``(bb) the term `spouse'
                                        includes spousal equivalents;
                                        and
                                            ``(cc) the terms
                                        `siblings', `parents', and
                                        `grandparents' include step-
                                        siblings, step-parents, and
                                        step-grandparents,
                                        respectively.
                            ``(iv) Former family member.--The term
                        `former family member' means a spouse or a
                        descendant who was a family member but is no
                        longer a family member due to a divorce or
                        other similar event.
                            ``(v) Key employee.--The term `key
                        employee' means any natural person (and such
                        person's spouse or lineal descendant) who is an
                        executive officer, director, trustee, general
                        partner, or person serving in a similar
                        capacity, of the family office or any employee
                        of the family office (other than an employee
                        performing solely clerical, secretarial, or
                        administrative functions) who, in connection
                        with his or her regular functions or duties,
                        participates in the investment activities of
                        the family office. For purposes of this
                        subclause, the term `family office' shall
                        include any entity described under clause
                        (ii)(V).
                            ``(vi) Spousal equivalent.--The term
                        `spousal equivalent' means a cohabitant
                        occupying a relationship generally equivalent
                        to that of a spouse.
                    ``(D) Involuntary events.--If--
                            ``(i) a person that is not a family client
                        becomes a client of the family office as a
                        result of the death of a family member or key
                        employee or other involuntary transfer from a
                        family member or key employee, or
                            ``(ii) a person ceases to be a family
                        client,
                that person shall be deemed to be a family client until
                the end of the 1-year period beginning on the date that
                it is both legally and practically feasible for the
                family office to transfer the affected assets to such
                person, but in no event earlier than 1 year from the
                date that it becomes legally feasible to transfer the
                affected assets unless it becomes practically feasible
                to affect such a transfer sooner.''.

Summary: Amends the Investment Advisers Act of 1940 to define family office as a company that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.

To amend the Investment Advisers Act of 1940 to add a definition of family office.