SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Army Arsenal Strategic Workload
Enhancement Act of 2012''.

SEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS.

    (a) In General.--Chapter 143 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2425. Department of Defense use of arsenals
    ``(a) In General.--The Secretary of Defense shall develop and
promulgate measurable and enforceable guidelines for the Department of
Defense, defense agencies, and the military services to have supplies,
components, end items, parts, assemblies, and sub-assemblies made in
factories or arsenals owned by the United States, to the extent those
factories or arsenals can make those supplies, components, end items,
parts, assemblies, and sub-assemblies on an economical basis while
preserving the ability to provide an effective and timely response to
mobilizations, national defense contingency situations, and other
emergency requirements.
    ``(b) Determination of Economical Basis.--For purposes of
determining whether supplies, components, end items, parts, assemblies,
and sub-assemblies can be made on an `economical basis' under
subsection (a), the Secretary of Defense shall analyze the direct costs
associated with the manufacture of such supplies, components, end
items, parts, assemblies, and sub-assemblies. If an analysis is not
performed, the Secretary of Defense or the relevant defense agency or
military service shall promptly report to the congressional defense
committees the justification for not performing an analysis.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``2425. Department of Defense use of arsenals.''.

SEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND ARSENALS.

    (a) In General.--Section 4532 of title 10, United States Code, is
amended to read as follows:
``Sec. 4532. Assignment of workload at Army factories and arsenals
    ``(a) Assignment of Workload.--(1) The Secretary of the Army shall
assign Government-owned and Government-operated Department of the Army
factories and arsenals sufficient workload to ensure cost efficiency
and technical competence in peacetime, while preserving the ability to
provide an effective and timely response to mobilizations, national
defense contingency situations, and other emergency requirements.
    ``(2) At a minimum, workload may be derived from manufacturing of
supplies, components, parts, systems, subsystems, and foreign military
sales.
    ``(3) The Secretary of the Army shall develop and promulgate
guidelines to make the arsenals available to the Department of Defense,
defense agencies, and military services for procurement of supplies,
components, parts, systems, and subsystems.
    ``(b) Waiver Authority.--(1) The Secretary of the Army may waive
the requirement under subsection (a)(1) if such a waiver is necessary
for the national defense.
    ``(2) A waiver under paragraph (1) shall not take effect until 30
days after the Secretary submits to the congressional defense
committees a notification of the determination, together with the
justification for the determination.
    ``(3) The authority to grant a waiver under paragraph (1) may not
be delegated.
    ``(c) Annual Arsenal Report.--In 2013 and each year thereafter, not
later than 60 days after the date on which the budget of the President
for a fiscal year is submitted to Congress, the Secretary of Defense
shall submit to Congress a report for the Army identifying, for the
relevant fiscal year, each of the following:
            ``(1) The core arsenal manufacturing capability.
            ``(2) The workload required to cost-effectively support the
        arsenals and the manufacturing capability inherent in these
        installations.
            ``(3) The Secretary of the Army's performance in
        maintaining the Department of the Army's factories and arsenals
        with sufficient workload to ensure affordability and technical
        competence in peacetime.
            ``(4) The capital investments required to be made in order
        to ensure compliance and operational capacity.
    ``(d) Comptroller General Review.--The Comptroller General shall
review each report required under subsection (c) for completeness and
compliance and provide findings and recommendations to the
congressional defense committees not later than 60 days after the
report is submitted to Congress.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 433 of title 10, United States Code, is amended by striking the
item relating to section 4532 and inserting the following new item:

``4532. Assignment of workload at Army factories and arsenals.''.
    (c) Initial Workload Plan Report.--The first report required under
subsection (c) of section 4532 of title 10, United States Code, as
amended by subsection (a), shall be submitted not later than 180 days
after the date of the enactment of this Act.

Summary: Army Arsenal Strategic Workload Enhancement Act of 2012 - Directs the Secretary of Defense (Secretary) to develop and promulgate guidelines for the Department of Defense (DOD), defense agencies, and military services to have supplies, components, end items, parts, assemblies, and sub-assemblies made in factories or arsenals owned by the United States, to the extent that such factories or arsenals can make such supplies and parts on an economical basis while preserving the ability to provide an effective and timely response to mobilizations, national defense contingency situations, and other emergency requirements. Requires the Secretary of the Army to: (1) assign government-owned and operated Army factories and arsenals sufficient workload to ensure cost efficiency and technical competence in peacetime, while preserving the response ability described above. And (2) make Army arsenals available to DOD, the defense agencies, and military services for the procurement of supplies, components, parts, systems, and subsystems. Directs: (1) the Secretary to report annually to Congress on Army arsenal capabilities, workload, performance, and required capital investments. And (2) the Comptroller General to review each report for completeness and compliance and provide findings to the congressional defense committees.

A bill to provide strategic workload to Army arsenals in their function as a critical component of the organic defense industrial base.


SECTION 1. IMPROVED PROTECTION FOR CONSUMERS.

    (a) Verification of Authorization.--Subsection (a) of section 258
of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as
follows:
    ``(a) Prohibition.--
            ``(1) In general.--No telecommunications carrier or
        reseller of telecommunications services shall submit or execute
        a change in a subscriber's selection of a provider of telephone
        exchange service or telephone toll service except in accordance
        with this section and such verification procedures as the
        Commission shall prescribe.
            ``(2) Verification.--
                    ``(A) In general.--In order to verify a
                subscriber's selection of a telephone exchange service
                or telephone toll service provider under this section,
                the telecommunications carrier or reseller shall, at a
                minimum, require the subscriber--
                            ``(i) to acknowledge the type of service to
                        be changed as a result of the selection;
                            ``(ii) to affirm the subscriber's intent to
                        select the provider as the provider of that
                        service;
                            ``(iii) to affirm that the consumer is the
                        subscriber or is authorized to select the
                        provider of that service for the telephone
                        number in question;
                            ``(iv) to acknowledge that the selection of
                        the provider will result in a change in
                        providers of that service; and
                            ``(v) to provide such other information as
                        the Commission considers appropriate for the
                        protection of the subscriber.
                    ``(B) Additional requirements.--The procedures
                prescribed by the Commission to verify a subscriber's
                selection of a provider shall--
                            ``(i) preclude the use of negative option
                        marketing;
                            ``(ii) provide for verification of a change
                        in telephone exchange service or telephone toll
                        service provider in oral, written, or
                        electronic form; and
                            ``(iii) require the retention of such
                        verification in such manner and form and for
                        such time as the Commission considers
                        appropriate.
            ``(3) Intrastate services.--Nothing in this section shall
        preclude any State commission from enforcing such procedures
        with respect to intrastate services.
            ``(4) Section not to apply to wireless.--This section does
        not apply to a provider of commercial mobile service, as that
        term is defined in section 332(d)(1) of this Act.''.
    (b) Resolution of Complaints.--Section 258 of the Communications
Act of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the
following:
    ``(c) Notice to Subscriber.--Whenever there is a change in a
subscriber's selection of a provider of telephone exchange service or
telephone toll service, the telecommunications carrier or reseller
selected shall notify the subscriber in writing, not more than 15 days
after the change is processed by the telecommunications carrier or the
reseller--
            ``(1) of the subscriber's new carrier; and
            ``(2) that the subscriber may request information regarding
        the date on which the change was agreed to and the name of the
        individual who authorized the change.
    ``(d) Resolution of Complaints.--
            ``(1) Prompt resolution.--
                    ``(A) In general.--The Commission shall prescribe a
                period of time, not in excess of 120 days after a
                telecommunications carrier or reseller receives notice,
                for the telecommunications carrier or reseller to
                resolve a complaint by a subscriber concerning an
                unauthorized change in the subscriber's selection of a
                provider of telephone exchange service or telephone
                toll service.
                    ``(B) Unresolved complaints.--If a
                telecommunications carrier or reseller fails to resolve
                a complaint within the time period prescribed by the
                Commission, then, within 10 days after the end of that
                period, the telecommunications carrier or reseller
                shall--
                            ``(i) notify the subscriber in writing of
                        the subscriber's right to file a complaint with
                        the Commission concerning the unresolved
                        complaint, the subscriber's rights under this
                        section, and all other remedies available to
                        the subscriber concerning unauthorized changes;
                            ``(ii) inform the subscriber in writing of
                        the procedures prescribed by the Commission for
                        filing such a complaint; and
                            ``(iii) provide the subscriber a copy of
                        any evidence in the carrier's or reseller's
                        possession showing that the change in the
                        subscriber's provider of telephone exchange
                        service or telephone toll service was submitted
                        or executed in accordance with the verification
                        procedures prescribed under subsection (a).
            ``(2) Resolution by commission.--The Commission shall
        provide a simplified process for resolving complaints under
        paragraph (1)(B). The simplified procedure shall preclude the
        use of interrogatories, depositions, discovery, or other
        procedural techniques that might unduly increase the expense,
        formality, and time, involved in the process. The Commission
        shall issue an order resolving any such complaint at the
        earliest date practicable, but in no event later than--
                    ``(A) 150 days after the date on which it received
                the complaint, with respect to liability issues; and
                    ``(B) 90 days after the date on which it resolves a
                complaint, with respect to damages issues, if such
                additional time is necessary.
            ``(3) Damages awarded by commission.--In resolving a
        complaint under paragraph (1)(B), the Commission may award
        damages equal to the greater of $500 or the amount of actual
        damages. The Commission may, in its discretion, increase the
        amount of the award to an amount equal to not more than 3 times
        the amount available under the preceding sentence.
    ``(e) Penalty.--
            ``(1) In general.--Unless the Commission determines that
        there are mitigating circumstances, violation of subsection (a)
        is punishable by a fine of not less than $40,000 for the first
        offense, and not less than $150,000 for each subsequent
        offense.
            ``(2) Failure to notify treated as violation of subsection
        (a).--If a telecommunications carrier or reseller fails to
        comply with the requirements of subsection (d)(1)(B), then that
        failure shall be treated as a violation of subsection (a).
    ``(f) Recovery of Fines.--The Commission may take such action as
may be necessary--
            ``(1) to collect any fines it imposes under this section;
        and
            ``(2) on behalf of any subscriber, any damages awarded the
        subscriber under this section.
    ``(g) Change Includes Initial Selection.--For purposes of this
section, the initiation of service to a subscriber by a
telecommunications carrier or a reseller shall be treated as a change
in a subscriber's selection of a provider of telephone exchange service
or telephone toll service.''.
    (c) State Right-of-Action.--Section 258 of the Communications Act
of 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by
adding at the end thereof the following:
    ``(h) Actions by States.--
            ``(1) Authority of states.--Whenever the attorney general
        of a State, or an official or agency designated by a State, has
        reason to believe that a telecommunications carrier or reseller
        has engaged or is engaging in a pattern or practice of changing
        telephone exchange service or telephone toll service provider
        without authority from subscribers in that State in violation
        of this section or the regulations prescribed under this
        section, the State may bring a civil action on behalf of its
        residents to enjoin such unauthorized changes, an action to
        recover for actual monetary loss or receive $500 in damages for
        each violation, or both such actions. If the court finds the
        defendant willfully or knowingly violated such regulations, the
        court may, in its discretion, increase the amount of the award
        to an amount equal to not more than 3 times the amount
        available under the preceding sentence.
            ``(2) Exclusive jurisdiction of federal courts.--The
        district courts of the United States, the United States courts
        of any territory, and the District Court of the United States
        for the District of Columbia shall have exclusive jurisdiction
        over all civil actions brought under this subsection. Upon
        proper application, such courts shall also have jurisdiction to
        issue writs of mandamus, or orders affording like relief,
        commanding the defendant to comply with the provisions of this
        section or regulations prescribed under this section, including
        the requirement that the defendant take such action as is
        necessary to remove the danger of such violation. Upon a proper
        showing, a permanent or temporary injunction or restraining
        order shall be granted without bond.
            ``(3) Rights of commission.--The State shall serve prior
        written notice of any such civil action upon the Commission and
        provide the Commission with a copy of its complaint, except in
        any case where such prior notice is not feasible, in which case
        the State shall serve such notice immediately upon instituting
        such action. The Commission shall have the right--
                    ``(A) to intervene in the action;
                    ``(B) upon so intervening, to be heard on all
                matters arising therein; and
                    ``(C) to file petitions for appeal.
            ``(4) Venue; service of process.--Any civil action brought
        under this subsection in a district court of the United States
        may be brought in the district wherein the defendant is found
        or is an inhabitant or transacts business or wherein the
        violation occurred or is occurring, and process in such cases
        may be served in any district in which the defendant is an
        inhabitant or where the defendant may be found.
            ``(5) Investigatory powers.--For purposes of bringing any
        civil action under this subsection, nothing in this section
shall prevent the attorney general of a State, or an official or agency
designated by a State, from exercising the powers conferred on the
attorney general or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence.
            ``(6) Effect on state court proceedings.--Nothing contained
        in this subsection shall be construed to prohibit an authorized
        State official from proceeding in State court on the basis of
        an alleged violation of any general civil or criminal statute
        of such State.
            ``(7) Limitation.--Whenever the Commission has instituted a
        civil action for violation of regulations prescribed under this
        section, no State may, during the pendency of such action
        instituted by the Commission, subsequently institute a civil
        action against any defendant named in the Commission's
        complaint for any violation as alleged in the Commission's
        complaint.
            ``(8) Definition.--As used in this subsection, the term
        `attorney general' means the chief legal officer of a State.
    ``(i) State Law Not Preempted.--Nothing in this section or in the
regulations prescribed under this section shall preempt any State law
that imposes more restrictive intrastate requirements or regulations
on, or which prohibits unauthorized changes in, a subscriber's
selection of a provider of telephone exchange service or telephone toll
service.''.
    (d) Report on Carriers Executing Unauthorized Changes of Telephone
Service.--
            (1) Report.--Not later than October 31, 1998, the Federal
        Communications Commission shall submit to Congress a report on
        unauthorized changes of subscribers' selections of providers of
        telephone exchange service or telephone toll service.
            (2) Elements.--The report shall include the following:
                    (A) A list of the 10 telecommunications carriers
                that, during the 1-year period ending on the date of
                the report, were subject to the highest number of
                complaints of having executed unauthorized changes of
                subscribers from their selected providers of telephone
                exchange service or telephone toll service when
                compared with the total number of subscribers served by
                such carriers.
                    (B) The telecommunications carriers, if any,
                assessed fines under section 258(e) of the
                Communications Act of 1934 (as added by subsection
                (c)), during that period, including the amount of each
                such fine and whether the fine was assessed as a result
                of a court judgment or an order of the Commission or
                was secured pursuant to a consent decree.

SEC. 2. REPORT ON TELEMARKETING PRACTICES.

    (a) In General.--The Federal Communications Commission shall issue
a report within 180 days after the date of enactment of this Act on the
telemarketing practices used by telecommunications carriers or
resellers or their agents or employees for the purpose of soliciting
changes by subscribers of their telephone exchange service or telephone
toll service provider.
    (b) Specific Issues.--As part of the report required under
subsection (a), the Commission shall include findings on--
            (1) the extent to which imposing penalties on telemarketers
        would deter unauthorized changes in a subscriber's selection of
        a provider of telephone exchange service or telephone toll
        service;
            (2) the need for rules requiring third-party verification
        of changes in a subscriber's selection of such a provider; and
            (3) whether wireless carriers should continue to be exempt
        from the verification and retention requirements imposed by
        section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47
        U.S.C. 258(a)(2)(B)(iii)).
    (c) Rulemaking.--If the Commission determines that particular
telemarketing practices are being used with the intention to mislead,
deceive, or confuse subscribers and that they are likely to mislead,
deceive, or confuse subscribers, then the Commission shall initiate a
rulemaking to prohibit the use of such practices within 120 days after
the completion of its report.

Summary: Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection, (2) affirm the intent to select the service provider. (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number. (4) acknowledge that such selection will result in a change of service provider. And (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing. (2) provide for verification of a change of provider in oral, written, or electronic form. And (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier. And (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint. And (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages. Or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.

To amend the Communications Act of 1934 to improve the protection of consumers against "slamming" by telecommunications carriers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Russian Democracy Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
        (1) Since the dissolution of the Soviet Union, the leadership
    of the Russian Federation has publicly committed itself to
    building--
            (A) a society with democratic political institutions and
        practices, the observance of universally recognized standards
        of human rights, and religious and press freedom; and
            (B) a market economy based on internationally accepted
        principles of transparency, accountability, and the rule of
        law.
        (2) In order to facilitate this transition, the international
    community has provided multilateral and bilateral technical
    assistance, and the United States' contribution to these efforts
    has played an important role in developing new institutions built
    on democratic and liberal economic foundations and the rule of law.
        (3)(A) Since 1992, United States Government democratic reform
    programs and public diplomacy programs, including training, and
    small grants have provided access to and training in the use of the
    Internet, brought nearly 40,000 Russian citizens to the United
    States, and have led to the establishment of more than 65,000
    nongovernmental organizations, thousands of independent local media
    outlets, despite governmental opposition, and numerous political
    parties.
        (B) These efforts contributed to the substantially free and
    fair Russian parliamentary elections in 1995 and 1999.
        (4) The United States has assisted Russian efforts to replace
    its centrally planned, state-controlled economy with a market
    economy and helped create institutions and infrastructure for a
    market economy. Approximately two-thirds of the Russian
    Federation's gross domestic product is now generated by the private
    sector, and the United States recognized Russia as a market economy
    on June 7, 2002.
        (5)(A) The United States has fostered grassroots
    entrepreneurship in the Russian Federation by focusing United
    States economic assistance on small- and medium-sized businesses
    and by providing training, consulting services, and small loans to
    more than 250,000 Russian entrepreneurs.
        (B) There are now more than 900,000 small businesses in the
    Russian Federation, producing 12 to 15 percent, depending on the
    estimate, of the gross domestic product of the Russian Federation.
        (C) United States-funded programs have contributed to fighting
    corruption and financial crime, such as money laundering, by
    helping to--
            (i) establish a commercial legal infrastructure;
            (ii) develop an independent judiciary;
            (iii) support the drafting of a new criminal code, civil
        code, and bankruptcy law;
            (iv) develop a legal and regulatory framework for the
        Russian Federation's equivalent of the United States Securities
        and Exchange Commission;
            (v) support Russian law schools;
            (vi) create legal aid clinics; and
            (vii) bolster law-related activities of nongovernmental
        organizations.
        (6) Because the capability of Russian democratic forces and the
    civil society to organize and defend democratic gains without
    international support is uncertain, and because the gradual
    integration of the Russian Federation into the global order of
    free-market, democratic nations would enhance Russian cooperation
    with the United States on a wide range of political, economic, and
    security issues, the success of democracy in Russia is in the
    national security interest of the United States, and the United
    States Government should develop a far-reaching and flexible
    strategy aimed at strengthening Russian society's support for
    democracy and a market economy, particularly by enhancing Russian
    democratic institutions and education, promoting the rule of law,
    and supporting Russia's independent media.
        (7) Since the tragic events of September 11, 2001, the Russian
    Federation has stood with the United States and the rest of the
    civilized world in the struggle against terrorism and has
    cooperated in the war in Afghanistan by sharing intelligence and
    through other means.
        (8) United States-Russia relations have improved, leading to a
    successful summit between President Bush and President Putin in May
    2002, resulting in a ``Foundation for Cooperation''.
    (b) Purposes.--The purposes of this Act are--
        (1) to strengthen and advance institutions of democratic
    government and of free and independent media, and to sustain the
    development of an independent civil society in the Russian
    Federation based on religious and ethnic tolerance, internationally
    recognized human rights, and an internationally recognized rule of
    law; and
        (2) to focus United States foreign assistance programs on using
    local expertise and to give local organizations a greater role in
    designing and implementing such programs, while maintaining
    appropriate oversight and monitoring.

SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.

    (a) Sense of Congress.--It is the sense of Congress that the United
States Government should--
        (1) recognize that a democratic and economically stable Russian
    Federation is inherently less confrontational and destabilizing in
    its foreign policy and therefore that the promotion of democracy in
    Russia is in the national security interests of the United States;
    and
        (2) continue and increase assistance to the democratic forces
    in the Russian Federation, including the independent media,
    regional administrations, democratic political parties, and
    nongovernmental organizations.
    (b) Statement of Policy.--It shall be the policy of the United
States--
        (1) to facilitate Russia's integration into the Western
    community of nations, including supporting the establishment of a
    stable democracy and a market economy within the framework of the
    rule of law and respect for individual rights, including Russia's
    membership in the appropriate international institutions;
        (2) to engage the Government of the Russian Federation and
    Russian society in order to strengthen democratic reform and
    institutions, and to promote transparency and good governance in
    all aspects of society, including fair and honest business
    practices, accessible and open legal systems, freedom of religion,
    and respect for human rights;
        (3) to advance a dialogue among United States Government
    officials, private sector individuals, and representatives of the
    Government of the Russian Federation regarding Russia's integration
    into the Western community of nations;
        (4) to encourage United States Government officials and private
    sector individuals to meet regularly with democratic activists,
    human rights activists, representatives of the independent media,
    representatives of nongovernmental organizations, civic organizers,
    church officials, and reform-minded politicians from Moscow and all
    other regions of the Russian Federation;
        (5) to incorporate democratic reforms, the promotion of
    independent media, and economic reforms in a broader United States
    dialogue with the Government of the Russian Federation;
        (6) to encourage the Government of the Russian Federation to
    address, in a cooperative and transparent manner consistent with
    internationally recognized and accepted principles, cross-border
    issues, including the nonproliferation of weapons of mass
    destruction, environmental degradation, crime, trafficking, and
    corruption;
        (7) to consult with the Government of the Russian Federation
    and the Russian Parliament on the adoption of economic and social
    reforms necessary to sustain Russian economic growth and to ensure
    Russia's transition to a fully functioning market economy and
    membership in the World Trade Organization;
        (8) to persuade the Government of the Russian Federation to
    honor its commitments made to the Organization for Security and
    Cooperation in Europe (OSCE) at the November 1999 Istanbul
    Conference, and to conduct a genuine good neighbor policy toward
    the other independent states of the former Soviet Union in the
    spirit of internationally accepted principles of regional
    cooperation; and
        (9) to encourage the G-8 partners and international financial
    institutions, including the World Bank, the International Monetary
    Fund, and the European Bank for Reconstruction and Development, to
    develop financial safeguards and transparency practices in lending
    to the Russian Federation.

SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.

    (a) In General.--
        (1) Democracy and rule of law.--Section 498(2) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended--
            (A) in the paragraph heading, by striking ``Democracy'' and
        inserting ``Democracy and rule of law'';
            (B) by striking subparagraphs (E) and (G);
            (C) by redesignating subparagraph (F) as subparagraph (I);
            (D) by inserting after subparagraph (D) the following:
            ``(E) development and support of grass-roots and
        nongovernmental organizations promoting democracy, the rule of
        law, transparency, and accountability in the political process,
        including grants in small amounts to such organizations;
            ``(F) international exchanges and other forms of public
        diplomacy to promote greater understanding on how democracy,
        the public policy process, market institutions, and an
        independent judiciary function in Western societies;
            ``(G) political parties and coalitions committed to
        promoting democracy, human rights, and economic reforms;
            ``(H) support for civic organizations committed to
        promoting human rights;''; and
            (E) by adding at the end the following:
            ``(J) strengthened administration of justice through
        programs and activities carried out in accordance with section
        498B(e), including--
                ``(i) support for nongovernmental organizations, civic
            organizations, and political parties that favor a strong
            and independent judiciary;
                ``(ii) support for local organizations that work with
            judges and law enforcement officials in efforts to achieve
            a reduction in the number of pretrial detainees; and
                ``(iii) support for the creation of legal associations
            or groups that provide training in human rights and
            advocacy, public education with respect to human rights-
            related laws and proposed legislation, and legal assistance
            to persons subject to improper government interference.''.
        (2) Independent media.--Section 498 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2295) is amended--
            (A) by redesignating paragraphs (3) through (13) as
        paragraphs (4) through (14), respectively; and
            (B) by inserting after paragraph (2) the following:
        ``(3) Independent media.--Developing free and independent
    media, including--
            ``(A) supporting all forms of independent media reporting,
        including print, radio, and television;
            ``(B) providing special support for, and unrestricted
        public access to, nongovernmental Internet-based sources of
        information, dissemination and reporting, including providing
        technical and other support for web radio services, providing
        computers and other necessary resources for Internet
        connectivity and training new Internet users in nongovernmental
        civic organizations on methods and uses of Internet-based
        media; and
            ``(C) training in journalism, including investigative
        journalism techniques that educate the public on the costs of
        corruption and act as a deterrent against corrupt officials.''.
    (b) Conforming Amendment.--Section 498B(e) of such Act is amended
by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''.

SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.

    (a) Assistance Programs.--In providing assistance to the Russian
Federation under chapter 11 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2295 et seq.), the President is authorized to--
        (1) work with the Government of the Russian Federation, the
    Duma, and representatives of the Russian Federation judiciary to
    help implement a revised and improved code of criminal procedure
    and other laws;
        (2) establish civic education programs relating to democracy,
    public policy, the rule of law, and the importance of independent
    media, including the establishment of ``American Centers'' and
    public policy schools at Russian universities and encourage
    cooperative programs with universities in the United States to
    offer courses through Internet-based off-site learning centers at
    Russian universities; and
        (3) support the Regional Initiatives (RI) program, which
    provides targeted assistance in those regions of the Russian
    Federation that have demonstrated a commitment to reform,
    democracy, and the rule of law, and which promotes the concept of
    such programs as a model for all regions of the Russian Federation.
    (b) Radio Free Europe/Radio Liberty and Voice of America.--RFE/RL,
Incorporated, and the Voice of America should use new and innovative
techniques, in cooperation with local independent media sources and
using local languages as appropriate and as possible, to disseminate
throughout the Russian Federation information relating to democracy,
free-market economics, the rule of law, and human rights.

SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA,
              AND THE RULE OF LAW.

    Of the amounts made available to carry out the provision of chapter
11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et
seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is
authorized to be available for the activities authorized by paragraphs
(2) and (3) of section 498 of the Foreign Assistance Act of 1961, as
amended by section 4(a) of this Act.

SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL
              PEACE PRIZE WINNER ANDREI SAKHAROV.

    (a) Authorization.--The President is authorized, on such terms and
conditions as the President determines to be appropriate, to make a
grant to Brandeis University for an endowment for the Andrei Sakharov
Archives and Human Rights Center for the purpose of collecting and
preserving documents related to the life of Andrei Sakharov and the
administration of such Center.
    (b) Funding.--There is authorized to be appropriated to the
President to carry out subsection (a) not more than $1,500,000.

SEC. 8. EXTENSION OF LAW.

    The provisions of section 108(c) of H.R. 3427, as enacted by
section 1000(a)(7) of Public Law 106-113, shall apply to United States
contributions for fiscal year 2003 to the organization described in
section 108(c) of H.R. 3427.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Russian Democracy Act of 2002 - Declares it shall be US policy to: (1) facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, and including its membership in appropriate international institutions. (2) engage the Government of the Russian Federation and Russian society to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights. (3) incorporate democratic reforms, the promotion of an independent media, and economic reforms in a broader US dialogue with such Government. (4) encourage such Government to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption. (5) consult with such Government and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a market economy and membership in the World Trade Organization. (6) persuade the Government of the Russian Federation to honor its commitments to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference and to be a good neighbor toward other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation. And (7) encourage G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development to develop financial safeguards and transparency practices in lending to the Russian Federation. Amends the Foreign Assistance Act of 1961 to include among activities eligible for US assistance to the independent states of the former Soviet Union any activities for the promotion of democracy, rule of law, transparency, international exchanges and other forms of public diplomacy, human rights, economic reforms, administration of justice, and the development of a free and independent media in Russia. Authorizes the President to carry out specified related activities in providing such assistance to Russia. Urges Radio Free EuropeRadio Liberty and the Voice of America to use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate information throughout the Russian Federation relating to democracy, free-market economics, rule of law, and human rights. Authorizes appropriations for FY 2003.

An Act to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society and independent media in that country.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Immunization Improvement
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) 90 percent of all children under the age of 2 receive
        at least one vaccination yet only 40 to 60 percent of these
        children receive a complete set of vaccinations;
            (2) the low immunization rate for children stems from
        inadequate immunization delivery systems and a lack of public
        education concerning the risks related to the nonimmunization
        of children; and
            (3) government health care programs must coordinate their
        activities in order to increase immunization rates.
    (b) Purpose.--It is the purpose of this Act to--
            (1) assist the States in developing State systems to
        monitor the immunization status of children in order to ensure
        that these children are provided with the recommended number of
        vaccinations;
            (2) in cooperation with the States, improve the
        immunization delivery system and expand outreach and awareness
        efforts to ensure that every child under 2 years of age is
        properly immunized;
            (3) provide for increased coordination among Federal
        programs in order to improve immunization rates;
            (4) encourage increased coordination among Federal, State
        and private programs to improve immunization rates; and
            (5) make certain revisions with respect to the Vaccine
        Injury Compensation Program.

SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

    (a) Improved Immunization.--Subtitle 2 of title XXI of the Public
Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended--
            (1) by redesignating part D as part E;
            (2) by redesignating sections 2131 through 2134 as sections
        2151 through 2154, respectively; and
            (3) by inserting after part C, the following new part:

                ``Part D--Improved Immunization Efforts

``SEC. 2131. VOLUNTARY STATE REGISTRY GRANT PROGRAM.

    ``(a) In General.--Not later than 1 year after the date of
enactment of this part, the Secretary shall establish a program under
which the Secretary may award grants to States to enable such States to
develop and operate computerized State registries to collect, track and
monitor immunization data with respect to children residing within such
States as described in subsection (c).
    ``(b) Application.--To be eligible to receive a grant under
subsection (a), a State shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require. Such application shall
include a plan to ensure that necessary immunization information is
provided to the State registry.
    ``(c) Data.--
            ``(1) Data set and standards.--The Secretary shall develop
        a minimum uniform data set and data standards applicable to
        State registries developed under this section, in order to
        allow compatibility between States.
            ``(2) Design.--A State immunization tracking and
        surveillance registry established under subsection (a) shall be
        designed to collect immunization information on each child
        residing within the State from the time that each such child is
        born, and track the immunization records of each such child as
        they grow older. The registry shall contain at least the
        following information with respect to each child residing
        within the State:
                    ``(A) The name, address and date of birth of the
                child.
                    ``(B) The complete immunization history of the
                child.
                    ``(C) The type and lot numbers of each vaccine
                provided to the child.
                    ``(D) The name and address of each health care
                provider providing a vaccination to the child.
                    ``(E) Identifying data that is sufficient to enable
                the registry to locate the child for purposes of
                conducting immunization notification activities
                concerning the child.
                    ``(F) Information designed to monitor the safety
                and effectiveness of vaccines by linking vaccine dosage
                information with adverse events reporting and disease
                outbreak patterns, including events reported by
                petitioners under parts A or B.
    ``(d) Technical Assistance.--The Secretary shall provide technical
assistance to States for the development of State registries under this
section.
    ``(e) Reporting.--Each State that receives a grant under this
section shall annually prepare and submit to the Secretary a report
concerning the progress made by the State in operating a State registry
under the grant.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $150,000,000 for fiscal year
1995, and such sums as may be necessary for each of the fiscal years
1995 through 1999.

``SEC. 2132. IMPROVED IMMUNIZATION DELIVERY, OUTREACH AND EDUCATION.

    ``(a) Required Activities.--The Secretary, acting through the
Centers for Disease Control and Prevention and in conjunction with
State health officials and other appropriate public and private
organizations, shall conduct the following activities to improve
Federal, State and local vaccines delivery systems and immunization
outreach and education efforts:
            ``(1) Immunization educational materials for providers.--
        Not later than 1 year after the date of enactment of this part,
        the Secretary, in conjunction with State health officials and
        other appropriate public and private organizations, shall
        develop and disseminate standard immunization educational
        materials for providers, including--
                    ``(A) a list of basic recommended vaccines and the
                schedules for immunizing children with such vaccines;
                    ``(B) recommended criteria for the administration
                of vaccines;
                    ``(C) recommended criteria for determining when
                vaccines should not be administered;
                    ``(D) recommended criteria for the screening of
                children prior to immunization;
                    ``(E) informed consent materials consistent with
                those required under section 2126(c); and
                    ``(F) any other information determined appropriate
                by the Secretary.
            ``(2) National public awareness campaign.--
                    ``(A) In general.--The Secretary, in conjunction
                with State health officials and other appropriate
                public and private organizations, shall develop and
                implement a National Immunization Public Awareness
                Campaign to assist parents (through bilingual means if
                necessary) of children under the age of 2 years, and
                expectant parents, in obtaining knowledge concerning
                the importance of having their children immunized and
                in identifying the vaccines, schedules for
                immunization, and vaccine provider locations,
                appropriate with respect to their children.
                    ``(B) Implementation.--In implementing the Campaign
                under subparagraph (A), the Secretary shall ensure
                that--
                            ``(i) new and innovative methods are
                        developed and utilized to publicly advertise
                        the need to have children immunized in a timely
                        manner;
                            ``(ii) print, radio and television media
                        are utilized to convey immunization information
                        to the public; and
                            ``(iii) with respect to immunization
                        information, efforts are made to target
                        pregnant women and the parents of children
                        under the age of 2.
            ``(3) Interagency committee on immunization.--The
        Secretary, in conjunction with the Secretary of Agriculture,
        the Secretary of Housing and Urban Development, and the
        Secretary of Education, shall carry out activities through the
        Interagency Committee on Immunization to incorporate
        immunization status assessments and referral services as an
        integral part of the process by which individuals apply for
        assistance under--
                    ``(A) the food stamp program under the Food Stamp
                Act of 1977;
                    ``(B) section 17 of the Child Nutrition Act of
                1966;
                    ``(C) the Head Start Act;
                    ``(D) part A of title IV of the Social Security
                Act;
                    ``(E) title XIX of the Social Security Act;
                    ``(F) any of the housing assistance laws of the
                United States; and
                    ``(G) other programs determined appropriate by any
                of the Secretaries described in this paragraph.
            ``(4) Outreach activities.--The Secretary shall conduct
        immunization outreach activities, including--
                    ``(A) conducting research concerning alternative
                delivery systems (such as mobile immunization clinics);
                    ``(B) utilization of National Health Service Corps
                members and other measures to conduct immunization
                outreach activities in medically underserved areas and
                for medically underserved populations;
                    ``(C) conducting research concerning the
                implementation of innovative methods to--
                            ``(i) contact parents or legal guardians
                        concerning their children's immunization
                        status;
                            ``(ii) refer such parents or legal
                        guardians to immunization providers; and
                            ``(iii) conduct follow-up activities
                        concerning the immunization status of children
                        affected by the activities conducted under this
                        subparagraph;
                    ``(D) the coordination of vaccine outreach and
                education activities with other Federal, State and
                local programs to encourage parents to have their
                children immunized; and
                    ``(E) any other activities determined appropriate
                by the Secretary.
    ``(b) Immunization Action Plans.--
            ``(1) Grants.--
                    ``(A) In general.--The Secretary may award grants
                to States to enable such State to develop, revise and
                implement immunization action plans as described in
                paragraph (2).
                    ``(B) Application.--To be eligible to receive a
                grant under subparagraph (A), a State shall prepare and
                submit to the Secretary an application at such time, in
                such manner, and containing such information as the
                Secretary may require.
            ``(2) Design.--A State immunization action plan shall be
        designed to improve immunization delivery, outreach, education
        and coordination within the State. Such plan shall provide for
        the creation of--
                    ``(A) a vaccine provider education campaign under
                which standard immunization criteria developed under
                subsection (a)(1), and any other materials determined
                to be appropriate by State health officials, will be
                distributed to immunization providers--
                            ``(i) to enable such providers to make the
                        best use of vaccination opportunities; and
                            ``(ii) to educate such providers concerning
                        their obligation to report immunization
                        information with respect to their patients to
                        State registries;
                    ``(B) expanded immunization delivery through--
                            ``(i) increasing the number or type of
                        facilities through which vaccines may be made
                        available;
                            ``(ii) developing alternative methods of
                        delivering vaccines, such as mobile health
                        clinics or through programs of the type
                        described in subsection (a)(5); or
                            ``(iii) increasing the number of hours
                        during which vaccines are made available by
                        providers within the State;
                except that, the Secretary may waive the requirements
                of this subparagraph if the Secretary determines that
                State immunization delivery efforts are sufficient;
                    ``(C) population-based assessment criteria through
                which the State is able to assess the effectiveness of
                immunization activities in the State;
                    ``(D) a public awareness campaign, in conjunction
                with the National Campaign established under subsection
                (a)(2), to provide parents with information concerning
                the types and schedules for the administration of
                vaccines, and the locations of vaccines providers;
                    ``(E) coordination of outreach activities with
                other public or private health programs to encourage
                parents to have their children immunized; and
                    ``(F) significant collaboration with private
                entities in achieving the goals of the plan.
            ``(3) Immunization action plan approval.--
                    ``(A) Goals.--As part of the immunization action
                plan of a State, the State shall establish immunization
                rate goals for children residing within the State.
                    ``(B) Approval.--The immunization action plan
                developed by a State under this subsection shall be
                submitted to the Secretary for approval prior to the
                distribution of grant funds to the States under this
                subsection. The Secretary shall periodically review the
                progress that the State has made under such plan in
                achieving the goals established under subparagraph (A).
                    ``(C) Reporting.--A State shall annually prepare
                and submit to the Director of the Centers for Disease
                Control and Prevention a report concerning the
                implementation of the State immunization action plan.
                If the Director or the Secretary, in reviewing the
                reports submitted under this subparagraph determine
                that the State has not made sufficient progress towards
                achieving the goals established under subparagraph (A),
                the Secretary may reduce the State's grant funds.

``SEC. 2133. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out 2132(b),
$200,000,000 for fiscal year 1994, and such sums as may be necessary
for each of the fiscal years 1995 through 1999.''.
    (b) Simplification of Informed Consent Materials.--Section 2126(c)
of the Public Health Service Act (42 U.S.C. 300aa-26(c)) is amended--
                    (A) in the matter preceding paragraph (1), by
                inserting ``shall be based on available data and
                information,'' after ``such materials''; and
                    (B) by striking out ``include--'' and all that
                follows through the paragraph (10) and inserting in
                lieu thereof ``include a concise description of the
                benefits and the risks of the vaccines and a statement
                of the availability of the National Vaccine Injury
                Compensation Fund.''.

Summary: National Immunization Improvement Act of 1993 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to award grants to States for the development and operation of computerized State registries to collect, track, and monitor immunization data with respect to children. Authorizes appropriations. Requires the Secretary to conduct specified activities to improve Federal, State, and local vaccine delivery systems and immunization outreach and education efforts. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Safety Enhancement Act of
2008''.

SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

    Section 106 of title 49, United States Code, is amended by adding
at the end the following:
    ``(s) Aviation Safety Whistleblower Investigation Office.--
            ``(1) Establishment.--There is established in the Federal
        Aviation Administration (in this section referred to as the
        `Agency') an Aviation Safety Whistleblower Investigation Office
        (in this subsection referred to as the `Office').
            ``(2) Director.--
                    ``(A) Appointment.--The head of the Office shall be
                the Director, who shall be appointed by the Secretary
                of Transportation.
                    ``(B) Qualifications.--The Director shall have a
                demonstrated ability in investigations and knowledge of
                or experience in aviation.
                    ``(C) Term.--The Director shall be appointed for a
                term of 5 years.
                    ``(D) Vacancy.--Any individual appointed to fill a
                vacancy in the position of the Director occurring
                before the expiration of the term for which the
                individual's predecessor was appointed shall be
                appointed for the remainder of that term.
            ``(3) Complaints and investigations.--
                    ``(A) Authority of director.--The Director shall--
                            ``(i) receive complaints and information
                        submitted by employees of persons holding
                        certificates issued under title 14, Code of
                        Federal Regulations, and employees of the
                        Agency concerning the possible existence of an
                        activity relating to a violation of an order,
                        regulation, or standard of the Agency or any
                        other provision of Federal law relating to
                        aviation safety;
                            ``(ii) assess complaints and information
                        submitted under clause (i) and determine
                        whether a substantial likelihood exists that a
                        violation of an order, regulation, or standard
                        of the Agency or any other provision of Federal
                        law relating to aviation safety may have
                        occurred; and
                            ``(iii) based on findings of the assessment
                        conducted under clause (ii), make
                        recommendations to the Administrator in writing
                        for further investigation or corrective
                        actions.
                    ``(B) Disclosure of identities.--The Director shall
                not disclose the identity of an individual who submits
                a complaint or information under subparagraph (A)(i)
                unless--
                            ``(i) the individual consents to the
                        disclosure in writing; or
                            ``(ii) the Director determines, in the
                        course of an investigation, that the disclosure
                        is unavoidable.
                    ``(C) Independence of director.--The Secretary, the
                Administrator, or any officer or employee of the Agency
                may not prevent or prohibit the Director from
                initiating, carrying out, or completing any assessment
                of a complaint or information submitted subparagraph
                (A)(i) or from reporting to Congress on any such
                assessment.
                    ``(D) Access to information.--In conducting an
                assessment of a complaint or information submitted
                under subparagraph (A)(i), the Director shall have
                access to all records, reports, audits, reviews,
                documents, papers, recommendations, and other material
                necessary to determine whether a substantial likelihood
                exists that a violation of an order, regulation, or
                standard of the Agency or any other provision of
                Federal law relating to aviation safety may have
                occurred.
            ``(4) Responses to recommendations.--The Administrator
        shall respond to a recommendation made by the Director under
        subparagraph (A)(iii) in writing and retain records related to
        any further investigations or corrective actions taken in
        response to the recommendation.
            ``(5) Incident reports.--If the Director determines there
        is a substantial likelihood that a violation of an order,
        regulation, or standard of the Agency or any other provision of
        Federal law relating to aviation safety may have occurred that
        requires immediate corrective action, the Director shall report
        the potential violation expeditiously to the Administrator and
        the Inspector General of the Department of Transportation.
            ``(6) Reporting of criminal violations to inspector
        general.--If the Director has reasonable grounds to believe
        that there has been a violation of Federal criminal law, the
        Director shall report the violation expeditiously to the
        Inspector General.
            ``(7) Annual reports to congress.--Not later than October 1
        of each year, the Director shall submit to Congress a report
        containing--
                    ``(A) information on the number of submissions of
                complaints and information received by the Director
                under paragraph (3)(A)(i) in the preceding 12-month
                period;
                    ``(B) summaries of those submissions;
                    ``(C) summaries of further investigations and
                corrective actions recommended in response to the
                submissions; and
                    ``(D) summaries of the responses of the
                Administrator to such recommendations.''.

SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) Subsections (a) and (d) of section 40101 of title 49,
        United States Code, directs the Federal Aviation Administration
        (in this section referred to as the ``Agency)'') to make safety
        its highest priority.
            (2) In 1996, to ensure that there would be no appearance of
        a conflict of interest for the Agency in carrying out its
        safety responsibilities, Congress amended section 40101(d) of
        such title to remove the responsibilities of the Agency to
        promote airlines.
            (3) Despite these directives from Congress regarding the
        priority of safety, the Agency issued a vision statement in
        which it stated that it has a ``vision'' of ``being responsive
        to our customers and accountable to the public'' and, in 2003,
        issued a customer service initiative that required aviation
        inspectors to treat air carriers and other aviation certificate
        holders as ``customers'' rather than regulated entities.
            (4) The initiatives described in paragraph (3) appear to
        have given regulated entities and Agency inspectors the
        impression that the management of the Agency gives an unduly
        high priority to the satisfaction of regulated entities
        regarding its inspection and certification decisions and other
        lawful actions of its safety inspectors.
            (5) As a result of the emphasis on customer satisfaction,
        some managers of the Agency have discouraged vigorous
        enforcement and replaced inspectors whose lawful actions
        adversely affected an air carrier.
    (b) Modification of Initiative.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall modify the customer service initiative,
mission and vision statements, and other statements of policy of the
Agency--
            (1) to remove any reference to air carriers or other
        entities regulated by the Agency as ``customers'';
            (2) to clarify that in regulating safety the only customers
        of the Agency are individuals traveling on aircraft; and
            (3) to clarify that air carriers and other entities
        regulated by the Agency do not have the right to select the
        employees of the Agency who will inspect their operations.
    (c) Safety Priority.--In carrying out the Administrator's
responsibilities, the Administrator shall ensure that safety is given a
higher priority than preventing the dissatisfaction of an air carrier
or other entity regulated by the Agency with an employee of the Agency.

SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.

    (a) In General.--Section 44711 of title 49, United States Code, is
amended by adding at the end the following:
    ``(d) Post-Employment Restrictions for Flight Standards
Inspectors.--
            ``(1) Prohibition.--A person holding an operating
        certificate issued under title 14, Code of Federal Regulations,
        may not knowingly employ, or make a contractual arrangement
        which permits, an individual to act as an agent or
        representative of the certificate holder in any matter before
        the Federal Aviation Administration (in this subsection
        referred to as the `Agency') if the individual, in the
        preceding 2-year period--
                    ``(A) served as, or was responsible for oversight
                of, a flight standards inspector of the Agency; and
                    ``(B) had responsibility to inspect, or oversee
                inspection of, the operations of the certificate
                holder.
            ``(2) Written and oral communications.--For purposes of
        paragraph (1), an individual shall be considered to be acting
        as an agent or representative of a certificate holder in a
        matter before the Agency if the individual makes any written or
        oral communication on behalf of the certificate holder to the
        Agency (or any of its officers or employees) in connection with
        a particular matter, whether or not involving a specific party
        and without regard to whether the individual has participated
        in, or had responsibility for, the particular matter while
        serving as a flight standards inspector of the Agency.''.
    (b) Applicability.--The amendment made by subsection (a) shall not
apply to an individual employed by a certificate holder as of the date
of enactment of this Act.

SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

    (a) In General.--An individual serving as a principal supervisory
inspector of the Federal Aviation Administration (in this section
referred to as the ``Agency)'' may not be responsible for overseeing
the operations of a single air carrier for a continuous period of more
than 5 years.
    (b) Transitional Provision.--An individual serving as a principal
supervisory inspector of the Agency with respect to an air carrier as
of the date of enactment of this Act may be responsible for overseeing
the operations of the carrier until the last day of the 5-year period
specified in subsection (a) or last day of the 2-year period beginning
on such date of enactment, whichever is later.
    (c) Issuance of Order.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order to carry out this section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as may be necessary to
carry out this section.

SEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM
              DATABASE.

    (a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air
transportation oversight system database of the Federal Aviation
Administration (in this section referred to as the ``Agency'') is
reviewed by a team of employees of the Agency on a monthly basis to
ensure that--
            (1) any trends in regulatory compliance are identified; and
            (2) appropriate corrective actions are taken in accordance
        with Agency regulations, advisory directives, policies, and
        procedures.
    (b) Monthly Team Reports.--
            (1) In general.--The team of employees conducting a monthly
        review of the air transportation oversight system database
        under subsection (a) shall submit to the Administrator, the
        Associate Administrator for Aviation Safety, and the Director
        of Flight Standards a report on the results of the review.
            (2) Contents.--A report submitted under paragraph (1) shall
        identify--
                    (A) any trends in regulatory compliance discovered
                by the team of employees in conducting the monthly
                review; and
                    (B) any corrective actions taken or proposed to be
                taken in response to the trends.
    (c)  Quarterly Reports to Congress.--The Administrator, on a
quarterly basis, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of reviews of the air transportation oversight system database
conducted under this section, including copies of reports received
under subsection (b).

            Passed the House of Representatives July 22, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as customers. (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft. And (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector. And (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations. Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified, and (2) appropriate corrective actions are taken.

To amend title 49, United States Code, to enhance aviation safety.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Annuity Safety and Security Under
Reasonable Enforcement Act of 2013'' or the ``ASSURE Act of 2013''.

SEC. 2. CONSIDERATION OF FEDERAL AND MILITARY PENSIONS IN EXTENSIONS OF
              CREDIT.

    The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--
            (1) in section 104(3), by inserting after ``other than''
        the following: ``payments described under section 126(a) and'';
            (2) by inserting after section 125 the following:
``Sec. 126. Payments in consideration of Federal and military pensions
    ``(a) Disclosure.--The Bureau shall issue regulations requiring any
payment to a benefit recipient, whether or not such payment is an
extension of credit, that diminishes the benefit recipient's ability to
control the payments from their Federal or military pension in any way,
to be treated as an extension of credit for purposes of the disclosures
required under this title.
    ``(b) Interest Rate Cap.--With respect to a payment to a benefit
recipient described under subsection (a)--
            ``(1) if such payment is an extension of consumer credit, a
        creditor may not impose an annual percentage rate of interest
        greater than the Federal funds rate plus 6 percent; and
            ``(2) if such payment is not an extension of consumer
        credit, the Bureau shall issue regulations requiring that the
        aggregate amount of cash and property paid in exchange for such
        payment may not exceed an amount that is equivalent to the
        interest rate described under paragraph (1).
    ``(c) Definitions.--For purposes of this section:
            ``(1) Benefit recipient.--The term `benefit recipient'
        means a person who is entitled to payments under a Federal or
        military pension.
            ``(2) Federal or military pension.--The term `Federal or
        military pension' means--
                    ``(A) a benefit described under section 5301(a) of
                title 38, United States Code;
                    ``(B) retired pay to an enlisted member of the
                Army, Navy, Air Force, or Marine Corps; and
                    ``(C) an annuity described under section 8345 or
                8465 of title 5, United States Code.
            ``(3) Federal funds rate.--For purposes of this section,
        the term `Federal funds rate' means the Federal funds rate
        published in the Federal Reserve Statistical Release on
        selected interest rates (daily or weekly), and commonly
        referred to as the H.15 release (or any successor
        publication).''; and
            (3) in the table of contents for chapter 2 of such Act, by
        inserting after the item relating to section 125 the following:

``126. Consideration of Federal pensions in extensions of credit''.

SEC. 3. CLARIFICATION OF ASSIGNMENTS; PRIVATE RIGHTS OF ACTIONS.

    (a) Veterans Benefits.--Section 5301 of title 38, United States
Code, is amended by adding at the end the following:
    ``(f) Private Right of Action.--
            ``(1) In general.--A benefit recipient may bring an action
        against a pension assignee in the appropriate Federal or State
        court and recover--
                    ``(A) three times the damages suffered due to the
                assignment made in violation of this section;
                    ``(B) court costs; and
                    ``(C) reasonable attorneys' fees and expenses.
            ``(2) Definitions.--For purposes of this subsection:
                    ``(A) Benefit recipient.--The term `benefit
                recipient' means a person with respect to which
                payments of benefits described under this section are
                due or are to become due.
                    ``(B) Pension assignee.--With respect to a benefit
                recipient, the term `pension assignee' means a person
                who has been assigned the benefits of the benefit
                recipient in violation of this section.''.
    (b) Military Retired Pay.--Section 701 of title 37, United States
Code, is amended by adding at the end the following:
    ``(f) Clarification on Non-Assignment of Retired Pay for Enlisted
Members.--
            ``(1) In general.--For purposes of this subsection (c), in
        any case where an enlisted member is entitled to retired pay
        and enters into an agreement with another person under which
        agreement such other person acquires for consideration the
        right to receive payment of such retired pay, whether by
        payment from the member to such other person, deposit into an
        account from which such other person may make withdrawals, or
        otherwise, such agreement shall be deemed to be an assignment
        and is prohibited. Any agreement or arrangement for collateral
        for security for an agreement that is prohibited under the
        previous sentence is also prohibited.
            ``(2) Private right of action.--
                    ``(A) In general.--A retired pay recipient may
                bring an action against a retired pay assignee in the
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due
                        to the assignment of retired pay made in
                        violation of this section;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and
                        expenses.
                    ``(B) Definitions.--For purposes of this
                subsection:
                            ``(i) Retired pay recipient.--The term
                        `retired pay recipient' means a person with
                        respect to which retired pay described under
                        this section is due or is to become due.
                            ``(ii) Retired pay assignee.--With respect
                        to a retired pay recipient, the term `retired
                        pay assignee' means a person who has been
                        assigned or allotted the retired pay of the
                        retired pay recipient in violation of this
                        section.''.
    (c) CSRS Annuities.--Section 8345(h) of title 5, United States
Code, is amended to read as follows:
    ``(h) Non-Assignment of Annuities.--
            ``(1) In general.--An individual entitled to an annuity
        from the Fund may not make allotments or assignments of amounts
        from such annuity.
            ``(2) Construction.--For purposes of this subsection--
                    ``(A) in any case where an individual entitled to
                an annuity from the Fund enters into an agreement with
                another person under which agreement such other person
                acquires for consideration the right to receive payment
                of such annuity, whether by payment from the individual
                to such other person, deposit into an account from
                which such other person may make withdrawals, or
                otherwise, such agreement shall be deemed to be an
                assignment and is prohibited; and
                    ``(B) any agreement or arrangement for collateral
                for security for an agreement that is prohibited under
                subparagraph (A) is also prohibited.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to
        amounts used to pay dues to unions or other employee
        organizations.
            ``(4) Private right of action.--
                    ``(A) In general.--An annuity recipient may bring
                an action against an annuity assignee in the
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due
                        to the assignment made in violation of this
                        subsection or the regulations issued pursuant
                        to this subsection;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and
                        expenses.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) Annuity assignee.--With respect to an
                        annuity recipient, the term `annuity assignee'
                        means a person who has been assigned or
                        allotted all or part of an annuity from the
                        Fund in violation of this subsection or the
                        regulations issued pursuant to this subsection.
                            ``(ii) Annuity recipient.--The term
                        `annuity recipient' means an individual
                        entitled to an annuity from the Fund.''.
    (d) FERS Annuities.--Section 8465(b) of title 5, United States
Code, is amended to read as follows:
    ``(b) Non-Assignment of Annuities.--
            ``(1) In general.--An individual entitled to an annuity
        from the Fund may not make allotments or assignments of amounts
        from such annuity.
            ``(2) Construction.--For purposes of this subsection--
                    ``(A) in any case where an individual entitled to
                an annuity from the Fund enters into an agreement with
                another person under which agreement such other person
                acquires for consideration the right to receive payment
                of such annuity, whether by payment from the individual
                to such other person, deposit into an account from
                which such other person may make withdrawals, or
                otherwise, such agreement shall be deemed to be an
                assignment and is prohibited; and
                    ``(B) any agreement or arrangement for collateral
                for security for an agreement that is prohibited under
                subparagraph (A) is also prohibited.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to
        amounts used to pay dues to unions or other employee
        organizations.
            ``(4) Private right of action.--
                    ``(A) In general.--An annuity recipient may bring
                an action against an annuity assignee in the
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due
                        to the assignment made in violation of this
                        subsection or the regulations issued pursuant
                        to this subsection;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and
                        expenses.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) Annuity assignee.--With respect to an
                        annuity recipient, the term `annuity assignee'
                        means a person who has been assigned or
                        allotted all or part of an annuity from the
                        Fund in violation of this subsection or the
                        regulations issued pursuant to this subsection.
                            ``(ii) Annuity recipient.--The term
                        `annuity recipient' means an individual
                        entitled to an annuity from the Fund.''.

SEC. 4. BUREAU OF CONSUMER FINANCIAL PROTECTION PROVISIONS.

    (a) Regulation of Federal or Military Pension-Related Products.--
Section 1032(f) of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5532(f)) is amended by adding at the end the following:
    ``(g) Regulation of Federal or Military Pension-Related Products.--
            ``(1) In general.--The Bureau shall issue regulations to
        require a person offering a Federal or military pension-related
        product to provide additional disclosures when advertising or
        selling such product, sufficient to allow consumers to
        understand how their pension relates to the product.
            ``(2) Definitions defined.--For purposes of this
        subsection:
                    ``(A) Federal or military pension.--The term
                `Federal or military pension' means--
                            ``(i) a benefit described under section
                        5301(a) of title 38, United States Code;
                            ``(ii) retired pay to an enlisted member of
                        the Army, Navy, Air Force, or Marine Corps; and
                            ``(iii) an annuity described under section
                        8345 or 8465 of title 5, United States Code.
                    ``(B) Federal or military pension-related
                product.--The term `Federal or military pension-related
                product' means a financial product or service related
                to a Federal or military pension, including any
                extension of credit if the creditor, when determining a
                consumer's ability to repay the extension of credit,
                takes the pension into consideration.''.
    (b) Study by the Bureau.--
            (1) In general.--The Bureau of Consumer Financial
        Protection shall carry out a study of financial products and
        services that target military retirees and Federal employee
        retirees.
            (2) Report.--Not later than the end of the 3-month period
        beginning on the date of the enactment of this Act, the Bureau
        shall issue a report to the Congress containing all findings
        and determinations made in carrying out the study required
        under this subsection.

Summary: Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 - Amends the Truth in Lending Act to direct the Bureau of Consumer Financial Protection (CFPB) to issue regulations requiring any payment to a recipient of a federal or military pension that diminishes the benefit recipient's ability to control payments from such pension to be treated as an extension of credit. Requires financial institutions to include the terms of such credit in consumer information disclosures. Prohibits the annual percentage rate of interest on such arrangements from exceeding the federal funds rate plus 6 or an equivalent aggregate amount of cash and property. Specifies conditions under which payment of consideration in exchange for the retired pay of enlisted military members is prohibited from assignment under veterans' benefits laws. Prohibits individuals from making allotments or assignments from annuities under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including any agreement under which another person acquires for consideration the right to receive payment from such annuities as well as any arrangement for collateral for security for such an agreement. Exempts union dues or payments to employee organizations from such prohibitions. Authorizes benefit recipients, individuals entitled to military retired pay, and annuity recipients to bring a private legal action in federal or state court against an assignee engaging in prohibited assignments. Amends the Consumer Financial Protection Act of 2010 to direct the CFPB to issue regulations requiring persons offering federal or military pension-related products to provide additional disclosures when advertising or selling such products to allow consumers to understand how their pension relates to the product.

ASSURE Act of 2013