SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Mammogram
Availability Act of 1999''.
    (b) Findings.--Congress finds the following:
            (1) Breast cancer is the single leading cause of death for
        women between the ages of 40 and 49 in the United States
            (2) An expert panel convened by the National Institutes of
        Health recommended on January 23, 1997, that all women between
        the ages of 40 and 49 should choose for themselves, following
        consultation with their health care provider, whether to
        undergo screening mammography.
            (3) The same panel unanimously recommended that for women
        between the ages of 40 and 49 who choose to have a screening
        mammogram, costs of the mammograms should be reimbursed by
        third-party payers or covered by health maintenance
        organizations.

SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH
              PLANS.

    (a) Public Health Service Act Amendments.--
            (1) Subpart 2 of part A of title XXVII of the Public Health
        Service Act is amended by adding at the end the following new
        section:

``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.

    ``(a) Requirements for Coverage of Annual Screening Mammography.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for diagnostic mammography for any woman who
        is 40 years of age or older shall provide coverage for annual
        screening mammography for such a woman under terms and
        conditions that are not less favorable than the terms and
        conditions for coverage of diagnostic mammography.
            ``(2) Diagnostic and screening mammography defined.--For
        purposes of this section--
                    ``(A) The term `diagnostic mammography' means a
                radiologic procedure that is medically necessary for
                the purpose of diagnosing breast cancer and includes a
                physician's interpretation of the results of the
                procedure.
                    ``(B) The term `screening mammography' means a
                radiologic procedure provided to a woman for the
                purpose of early detection of breast cancer and
                includes a physician's interpretation of the results of
                the procedure.
    ``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
            ``(1) deny coverage for annual screening mammography on the
        basis that the coverage is not medically necessary or on the
        basis that the screening mammography is not pursuant to a
        referral, consent, or recommendation by any health care
        provider;
            ``(2) deny to a woman eligibility, or continued
        eligibility, to enroll or to renew coverage under the terms of
        the plan, solely for the purpose of avoiding the requirements
        of this section;
            ``(3) provide monetary payments or rebates to women to
        encourage such women to accept less than the minimum
        protections available under this section;
            ``(4) penalize or otherwise reduce or limit the
        reimbursement of an attending provider because such provider
        provided care to an individual participant or beneficiary in
        accordance with this section; or
            ``(5) provide incentives (monetary or otherwise) to an
        attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner inconsistent with
this section.
    ``(c) Rules of Construction.--
            ``(1) Nothing in this section shall be construed to require
        a woman who is a participant or beneficiary to undergo annual
        screening mammography.
            ``(2) This section shall not apply with respect to any
        group health plan, or any group health insurance coverage
        offered by a health insurance issuer, which does not provide
        benefits for diagnostic mammography.
            ``(3) Nothing in this section shall be construed as
        preventing a group health plan or issuer from imposing
        deductibles, coinsurance, or other cost-sharing in relation to
        benefits for screening mammography under the plan (or under
        health insurance coverage offered in connection with a group
        health plan), except that such coinsurance or other cost-
        sharing for any portion may not be greater than such
        coinsurance or cost-sharing that is otherwise applicable with
        respect to benefits for diagnostic mammography.
            ``(4) Women between the ages of 40 and 49 should (but are
        not required to) consult with appropriate health care
        practitioners before undergoing screening mammography, but
        nothing in this section shall be construed as requiring the
        approval of such a practitioner before undergoing an annual
        screening mammography.
    ``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
    ``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
    ``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
            ``(1) In general.--The requirements of this section shall
        not apply with respect to health insurance coverage if there is
        a State law (as defined in section 2723(d)(1)) for a State that
        regulates such coverage, that requires coverage to be provided
        for annual screening mammography for women who are 40 years of
        age or older and that provides at least the protections
        described in subsection (b).
            ``(2) Construction.--Section 2723(a)(1) shall not be
        construed as superseding a State law described in paragraph
        (1).''.
            (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
        amended by striking ``section 2704'' and inserting ``sections
        2704 and 2707''.
    (b) ERISA Amendments.--
            (1) Subpart B of part 7 of subtitle B of title I of the
        Employee Retirement Income Security Act of 1974 is amended by
        adding at the end the following new section:

``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.

    ``(a) Requirements for Coverage of Annual Screening Mammography.--
            ``(1) In general.--A group health plan, and a health
        insurance issuer offering group health insurance coverage, that
        provides coverage for diagnostic mammography for any woman who
        is 40 years of age or older shall provide coverage for annual
        screening mammography for such a woman under terms and
        conditions that are not less favorable than the terms and
        conditions for coverage of diagnostic mammography.
            ``(2) Diagnostic and screening mammography defined.--For
        purposes of this section--
                    ``(A) The term `diagnostic mammography' means a
                radiologic procedure that is medically necessary for
                the purpose of diagnosing breast cancer and includes a
                physician's interpretation of the results of the
                procedure.
                    ``(B) The term `screening mammography' means a
                radiologic procedure provided to a woman for the
                purpose of early detection of breast cancer and
                includes a physician's interpretation of the results of
                the procedure.
    ``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
            ``(1) deny coverage described in subsection (a)(1) on the
        basis that the coverage is not medically necessary or on the
        basis that the screening mammography is not pursuant to a
        referral, consent, or recommendation by any health care
        provider;
            ``(2) deny to a woman eligibility, or continued
        eligibility, to enroll or to renew coverage under the terms of
        the plan, solely for the purpose of avoiding the requirements
        of this section;
            ``(3) provide monetary payments or rebates to women to
        encourage such women to accept less than the minimum
        protections available under this section;
            ``(4) penalize or otherwise reduce or limit the
        reimbursement of an attending provider because such provider
        provided care to an individual participant or beneficiary in
        accordance with this section; or
            ``(5) provide incentives (monetary or otherwise) to an
        attending provider to induce such provider to provide care to
        an individual participant or beneficiary in a manner
        inconsistent with this section.
    ``(c) Rules of Construction.--
            ``(1) Nothing in this section shall be construed to require
        a woman who is a participant or beneficiary to undergo annual
        screening mammography.
            ``(2) This section shall not apply with respect to any
        group health plan, or any group health insurance coverage
        offered by a health insurance issuer, which does not provide
        benefits for diagnostic mammography.
            ``(3) Nothing in this section shall be construed as
        preventing a group health plan or issuer from imposing
        deductibles, coinsurance, or other cost-sharing in relation to
        benefits for screening mammography under the plan (or under
        health insurance coverage offered in connection with a group
        health plan), except that such coinsurance or other cost-
        sharing for any portion may not be greater than such
        coinsurance or cost-sharing that is otherwise applicable with
        respect to benefits for diagnostic mammography.
            ``(4) Women between the ages of 40 and 49 should (but are
        not required to) consult with appropriate health care
        practitioners before undergoing screening mammography, but
        nothing in this section shall be construed as requiring the
        approval of such a practitioner before undergoing an annual
        screening mammography.
    ``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
    ``(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
    ``(f) Preemption; Exception for Health Insurance Coverage in
Certain States.--
            ``(1) In general.--The requirements of this section shall
        not apply with respect to health insurance coverage if there is
        a State law (as defined in section 731(d)(1)) for a State that
        regulates such coverage, that requires coverage to be provided
        for annual screening mammography for women who are 40 years of
        age or older, and that provides at least the protections
        described in subsection (b).
            ``(2) Construction.--Section 731(a)(1) shall not be
        construed as superseding a State law described in paragraph
        (1).''.
            (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
        amended by striking ``section 711'' and inserting ``sections
        711 and 714''.
            (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
        amended by striking ``section 711'' and inserting ``sections
        711 and 714''.
            (4) The table of contents in section 1 of such Act is
        amended by inserting after the item relating to section 713 the
        following new item:

``Sec. 714. Standards relating to benefits for screening
                            mammography.''.
    (c) Effective Dates.--(1) Subject to paragraph (2), the amendments
made by this section shall apply with respect to group health plans
(and health insurance coverage offered in connection with group health
plans) for plan years beginning on or after January 1, 1999.
    (2) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by this section shall not apply to plan years
beginning before the later of--
            (A) the date on which the last collective bargaining
        agreements relating to the plan terminates (determined without
        regard to any extension thereof agreed to after the date of
        enactment of this Act), or
            (B) January 1, 1999.
For purposes of subparagraph (A), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this section shall
not be treated as a termination of such collective bargaining
agreement.

SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL
              HEALTH COVERAGE.

    (a) In General.--Part B of title XXVII of the Public Health Service
Act is amended by inserting after section 2751 the following new
section:

``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY.

    ``(a) In General.--The provisions of section 2706 (other than
subsections (d) and (f)) shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the
same manner as it applies to health insurance coverage offered by a
health insurance issuer in connection with a group health plan in the
small or large group market.
    ``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
    ``(c) Preemption; Exception for Health Insurance Coverage in
Certain States.--
            ``(1) In general.--The requirements of this section shall
        not apply with respect to health insurance coverage if there is
        a State law (as defined in section 2723(d)(1)) for a State that
        regulates such coverage, that requires coverage in the
        individual health insurance market to be provided for annual
        screening mammography for women who are 40 years of age or
        older and that provides at least the protections described in
        section 2706(b) (as applied under subsection (a)).
            ``(2) Construction.--Section 2762(a) shall not be construed
        as superseding a State law described in paragraph (1).''.
    (b) Conforming Amendment.--Section 2763(b)(2) of such Act (42
U.S.C. 300gg-63(b)(2)) is amended by striking ``section 2751'' and
inserting ``sections 2751 and 2753''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
or renewed in the individual market on or after such January 1, 1999.

Summary: Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.

Mammogram Availability Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Gun Buyback Assistance Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Buford Furrow, a white supremacist, used a Glock pistol
        decommissioned and sold by a law enforcement agency in the
        State of Washington, to shoot children at a Jewish community
        center in Los Angeles and kill a postal worker.
            (2) Twelve firearms were recently stolen during shipment
        from the Miami-Dade Police Department to Chicago, Illinois.
        Four of these firearms have been traced to crimes in Chicago,
        Illinois, including a shooting near a playground.
            (3) In the past 9 years, decommissioned firearms once used
        by law enforcement agencies have been involved in more than
        3,000 crimes, including 293 homicides, 301 assaults, and 279
        drug-related crimes.
            (4) Many State and local law enforcement departments also
        engage in the practice of reselling firearms that were involved
        in the commission of a crime and confiscated. Often these
        firearms are assault weapons that were in circulation prior to
        the restrictions imposed by the Violent Crime Control and Law
        Enforcement Act of 1994.
            (5) Law enforcement departments in the States of New York
        and Georgia, the City of Chicago, and other localities have
        adopted the practice of destroying decommissioned firearms.
    (b) Purpose.--The purpose of this Act is to reduce the number of
firearms on the streets by assisting State and local law enforcement
agencies in eliminating the practice of transferring decommissioned
firearms to any person.

 SEC. 3. PROGRAM AUTHORIZED.

    (a) Grants.--The Attorney General may make grants to States or
units of local government--
            (1) to assist States and units of local government in
        purchasing new firearms without transferring decommissioned
        firearms to any person; and
            (2) to destroy decommissioned firearms.
    (b) Eligibility.--
            (1) In general.--Except as provided in paragraph (2), to be
        eligible to receive a grant under this Act, a State or unit of
        local government shall certify that it has in effect a law or
        official policy that--
                    (A) eliminates the practice of transferring any
                decommissioned firearm to any person; and
                    (B) provides for the destruction of a
                decommissioned firearm.
            (2) Exception.--A State or unit of local government may
        transfer a decommissioned firearm to a law enforcement agency.
    (c) Use of Funds.--A State or unit of local government that
receives a grant under this Act shall only use that grant to purchase
new firearms.

 SEC. 4. APPLICATIONS.

    (a) State Applications.--To request a grant under this Act, the
chief executive of a State shall submit an application, signed by the
Attorney General of the State requesting the grant, to the Attorney
General in such form and containing such information as the Attorney
General may reasonably require.
    (b) Local Applications.--To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application, signed by the chief law enforcement officer in the unit of
local government requesting the grant, to the Attorney General in such
form and containing such information as the Attorney General may
reasonably require.

SEC. 5. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the
Attorney General shall promulgate regulations to implement this Act,
which shall specify the information that must be included and the
requirements that the States and units of local government must meet in
submitting applications for grants under this Act.

SEC. 6. REPORTING.

    (a) In General.--A State or unit of local government shall report
to the Attorney General not later than 2 years after funds are received
under this Act, regarding the implementation of this Act.
    (b) Budget Assurances.--The report required under subsection (a)
shall include budget assurances that any future purchase of a firearm
by a law enforcement agency will be possible without transferring a
decommissioned firearm.

SEC. 7. DEFINITION.

    In this Act:
            (1) Decommissioned firearm.--The term ``decommissioned
        firearm'' means a firearm--
                    (A) that is no longer in service or use by a law
                enforcement agency; or
                    (B) that was involved in the commission of a crime
                and was confiscated and is no longer needed for
                evidentiary purposes.
            (2) Firearm.--The term ``firearm'' has the same meaning
        given that term in section 921(a)(3) of title 18, United States
        Code.
             (3) Person.--The term ``person'' has the same meaning
        given that term in section 1 of title 1, United States Code.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2001 through 2005.

Summary: Police Gun Buyback Assistance Act - Authorizes the Attorney General to make grants to assist eligible States or units of local government in: (1) purchasing new firearms without transferring decommissioned firearms to any person, and (2) destroying decommissioned firearms.

A bill to provide grants to law enforcement agencies to purchase firearms needed to perform law enforcement duties.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Benefits Administration
Improvement Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Veterans Benefits Administration of the Department
        of Veterans Affairs is responsible for the timely and accurate
        processing of claims for veterans compensation and pension.
            (2) The accuracy of claims processing within the Veterans
        Benefits Administration has been a subject of concern to
        veterans, Congress, and the Department of Veterans Affairs.
            (3) While the Veterans Benefits Administration has reported
        in the past a 95 percent accuracy rate in processing claims, a
        new accuracy measurement system known as the Systematic
        Technical Accuracy Review found that, in 1998 and again in
        2000, initial reviews of veterans claims were accurate only 64
        percent of the time.
            (4) The Veterans Benefits Administration could lose up to
        30 percent of its workforce to retirement by 2003, making
        adequate training for claims adjudicators even more necessary
        to ensure veterans claims are processed efficiently.
            (5) The Veterans Benefits Administration needs to take more
        aggressive steps to ensure that veterans claims are processed
        in an accurate and timely fashion so as to avoid unnecessary
        delays in providing veterans with compensation and pension
        benefits.
            (6) In 2001 the expected appeals processing time for a
        claim from notice of disagreement to final decision is 621
        days.
            (7) As of September 2001, the Veterans Benefits
        Administration backlog of pending work was 533,029 claims.

SEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS.

    (a) Plan Required.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives, the Majority Leader of the Senate, and the Speaker of
the House of Representatives a comprehensive plan for the improvement
of the processing of claims for veterans compensation and pension.
    (b) Elements.--The plan under subsection (a) shall include the
following:
            (1) Mechanisms for the improvement of training of claims
        adjudicators and for the enhancement of employee accountability
        standards in order to ensure that initial reviews of claims are
        accurate and that unnecessary appeals of benefit decisions and
        delays in benefit payments are avoided.
            (2) Mechanisms for strengthening the ability of the
        Veterans Benefits Administration to identify recurring errors
        in claims adjudications by improving data collection and
        management relating to--
                    (A) the human body and impairments common in
                disability and pension claims; and
                    (B) recurring deficiencies in medical evidence and
                examinations.
            (3) Mechanisms for implementing a system for reviewing
        claims processing accuracy that meets the internal control
        standard of the Federal Government on separation of duties and
        the program performance audit standard of the Federal
        Government on organizational independence.
            (4) Mechanisms for evaluating the impact of the Training
        and Performance Support System on the accuracy and consistency
        of claims processing.
            (5) Quantifiable goals for each of the mechanisms developed
        under paragraphs (1) through (4).
    (c) Consultation.--In developing the plan under subsection (a), the
Secretary shall consult with and obtain the views of veterans
organizations, county veteran service associations, and other
interested parties.
    (d) Implementation.--The Secretary shall implement the plan under
subsection (a) commencing 60 days after the date of the submittal of
the plan under that subsection.
    (e) Modification.--(1) The Secretary may modify the plan submitted
under subsection (a).
    (2) Any modification under paragraph (1) shall not take effect
until 30 days after the date on which the Secretary submits to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives, the Majority Leader of the Senate, and the Speaker of
the House of Representatives a notice regarding such modification.
    (f) Reports.--Not later than January 1, 2003, and every six months
thereafter, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives, the Majority
Leader of the Senate, and the Speaker of the House of Representatives a
report assessing implementation of the plan under subsection (a) during
the preceding 6 months, including an assessment of whether the goals
set forth under subsection (b)(5) are being achieved.
    (g) Funding.--The Secretary shall carry out the plan under this
section in any fiscal year using amounts appropriated or otherwise made
available for the Veterans Benefits Administration for that fiscal
year.

Summary: Veterans Benefits Administration Improvement Act of 2001 - Directs the Secretary of Veterans Affairs to submit to the congressional veterans' committees, the Senate Majority Leader, and the Speaker of the House a comprehensive plan for the improvement of the processing of claims for veterans' compensation and pension. Requires such plan to include the training of claims adjudicators and the enhancement of accountability standards to improve the timeliness and accuracy of such claims processing. Allows for plan modifications, but requires prior notification to the entities followed by a 30-day waiting period. Provides plan funding.

A bill to provide for the improvement of the processing of claims for veterans compensation and pension, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School-Based Respiratory Health
Management Act''.

SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED
              SCHOOL PERSONNEL TO ADMINISTER RESCUE MEDICATIONS FOR
              ALLERGIES AND REVERSIBLE LOWER AIRWAY DISORDERS.

    Section 399L(d) of the Public Health Service Act (42 U.S.C.
280g(d)) is amended--
            (1) in paragraph (1)--
                    (A) by amending subparagraph (F) to read as
                follows:
                    ``(F) School personnel administration of rescue
                medications for allergies and reversible lower airway
                disorders.--In determining the preference (if any) to
                be given to a State under this subsection, the
                Secretary shall give additional preference to a State
                that provides to the Secretary the certification
                described in subparagraph (G) and that requires that
                each public elementary school and secondary school in
                the State--
                            ``(i) has in place a plan for having on the
                        premises of the school during all operating
                        hours of the school a school nurse or one or
                        more other individuals who are trained
                        personnel of the school; and
                            ``(ii) has in place under the direction of
                        a school nurse a comprehensive school-based
                        allergies and reversible lower airway disorders
                        management program that includes--
                                    ``(I) a method to identify all
                                students of such school with a
                                diagnosis of allergies and reversible
                                lower airway disorders;
                                    ``(II) an individual student
                                allergies and reversible lower airway
                                disorders action plan for each student
                                of such school with a diagnosis of
                                allergies and reversible lower airway
                                disorders;
                                    ``(III) allergies and reversible
                                lower airway disorders education for
                                school staff who are directly
                                responsible for students who have been
                                identified as having allergies or
                                reversible lower airway disorders, such
                                as education regarding basics,
                                management, trigger management, and
                                comprehensive emergency responses with
                                respect to allergies and reversible
                                lower airway disorders;
                                    ``(IV) rescue medications for
                                allergies or reversible lower airway
                                disorders and emergency policies that
                                are specific to the school;
                                    ``(V) efforts to reduce the
                                presence of environmental triggers of
                                allergies and reversible lower airway
                                disorders; and
                                    ``(VI) a system to support students
                                with a diagnosis of allergies or
                                reversible lower airway disorders
                                through coordination with family
                                members of such students, primary care
                                providers of such students, and others
                                as necessary.''; and
                    (B) in subparagraph (G), by inserting ``or rescue
                medication for allergies or reversible lower airway
                disorders to a student reasonably believed to have a
                diagnosis of allergies or reversible lower airway
                disorders,'' after ``to a student reasonably believed
                to be having an anaphylactic reaction''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (C)--
                            (i) by striking ``The term'' and inserting
                        ``(i) The term''; and
                            (ii) by adding at the end the following new
                        clause:
                    ``(ii) The term `rescue medications for allergies
                and reversible lower airway disorders' includes at
                least short-acting bronchodilators.''; and
                    (B) in subparagraph (E)--
                            (i) in the matter preceding clause (i), by
                        inserting ``, such as the school nurse'' after
                        ``individual'';
                            (ii) in clause (i)--
                                    (I) by inserting ``school nurse
                                or'' before ``principal''; and
                                    (II) by inserting ``and rescue
                                medications for allergies and
                                reversible lower airway disorders''
                                before ``on a voluntary basis'';
                            (iii) in clause (ii), by inserting ``and
                        rescue medications for allergies and reversible
                        lower airway disorders'' before the semicolon;
                        and
                            (iv) in clause (iii), by inserting ``and
                        rescue medications for allergies and reversible
                        lower airway disorders'' before ``meets
                        appropriate medical standards''.

Summary: School-Based Respiratory Health Management Act This bill amends the Public Health Service Act to revise the conditions under which the Department of Health and Human Services, in making asthma-related grants, gives preference to a state. A preference is given to states that require elementary and secondary schools to have: (1) on the premises during operating hours at least one individual trained in the administration of rescue medications for allergies and reversible lower airway disorders, and (2) an allergies and reversible lower airway disorders management program. Currently, this preference is given to states that require schools to have on the premises an individual trained in the administration of epinephrine to a student having a severe allergic reaction. To be eligible for this preference, a state must have civil liability protections for trained individuals who administer rescue medications for allergies and reversible lower airway disorders.


SECTION 1. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE
              ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE
              ACT OF 1978.

    (a) Definitions.--In this section:
            (1) FISA court.--The term ``FISA Court'' means a court
        established under section 103 of the Foreign Intelligence
        Surveillance Act of 1978 (50 U.S.C. 1803).
            (2) Intelligence community.--The term ``intelligence
        community'' has the meaning given that term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
    (b) Requirement To Disclose.--
            (1) In general.--If a FISA Court issues a decision that
        determines that surveillance activities conducted by the
        Government of the United States have violated the laws or
        Constitution of the United States, the Attorney General shall
        publicly disclose the decision in a manner consistent with the
        protection of the national security of the United States.
            (2) Disclosure described.--For each disclosure required by
        paragraph (1), the Attorney General shall make available to the
        public documents sufficient to identify with particularity the
        statutory or constitutional provision that was determined to
        have been violated.
            (3) Documents described.--The Attorney General shall
        satisfy the disclosure requirements in paragraph (2) by--
                    (A) releasing a FISA Court decision in its entirety
                or as redacted; or
                    (B) releasing a summary of a FISA Court decision.
            (4) Extensive disclosure.--The Attorney General shall
        release as much information regarding the facts and analysis
        contained in a decision described in paragraph (1) or documents
        described in paragraph (3) as is consistent with legitimate
        national security concerns.
            (5) Timing of disclosure.--A decision that is required to
        be disclosed under paragraph (1) shall be disclosed not later
        than 60 days after the decision is issued.
    (c) Director of National Intelligence Disclosures to Congress and
the Public.--
            (1) Requirement for disclosures to congress.--Not later
        than 90 days after the date of the enactment of this Act, the
        Director of National Intelligence shall provide to Congress, in
        writing, the following information:
                    (A) Whether the National Security Agency or any
                other element of the intelligence community has ever
                collected the cell-site location information of a large
                number of United States persons with no known
                connection to suspicious activity, or made plans to
                collect such information.
                    (B) A description of the type and amount of
                evidence the Director of National Intelligence believes
                is required to permit the collection of cell-site
                location information of United States persons for
                intelligence purposes.
                    (C) Whether the National Security Agency or any
                other element of the intelligence community has ever
                conducted a warrantless search of a collection of
                communications collected under section 702 of the
                Foreign Intelligence Surveillance Act of 1978 (50
                U.S.C. 1881a) in an effort to find the communications
                of a particular United States person (other than a
                corporation).
                    (D) If the National Security Agency or any other
                element of the intelligence community has conducted a
                search described in subparagraph (C), the number of
                such searches that have been conducted or an estimate
                of such number if it is not possible to provide a
                precise count.
                    (E) A specific description of when the United
                States Government first began relying on authorities
                under the Foreign Intelligence Surveillance Act of 1978
                (50 U.S.C. 1801 et seq.) to justify the collection of
                records pertaining to large numbers of United States
                persons with no known connection to suspicious
                activity.
                    (F) Whether representations made to the Supreme
                Court of the United States by the Department of Justice
                in the case of Clapper v. Amnesty International USA
                accurately described the use of authorities under the
                Foreign Intelligence Surveillance Act of 1978 by the
                United States Government, and if any representations
                were inaccurate, which representations were inaccurate
                and how such representations have been corrected.
                    (G) A listing of FISA Court opinions that
                identified violations of the law, the Constitution, or
                FISA Court orders with regard to collection carried out
                pursuant to section 402, 501, or 702 of the Foreign
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1842,
                1861, and 1881a) and a description of the violations
                identified by a FISA Court.
            (2) Form of disclosures.--
                    (A) Disclosures to the public.--The written
                submission required by paragraph (1) shall be made
                available to the public not later than 15 days after
                the date it is submitted to Congress.
                    (B) Redactions.--If the Director of National
                Intelligence believes that public disclosure of
                information in the written submission required by
                paragraph (1) could cause significant harm to national
                security, the Director may redact such information from
                the version made available to the public.
                    (C) Submission to congress.--If the Director
                redacts information under subparagraph (B), not later
                than 30 days after the date the written submission
                required by paragraph (1) is made available to the
                public under subparagraph (A), the Director shall
                submit to the Select Committee on Intelligence of the
                Senate and the Permanent Select Committee on
                Intelligence of the House of Representatives a
                statement explaining the specific harm to national
                security that the disclosure of such information could
                cause.
    (d) Assessment of Economic Impact of Surveillance Activities.--
            (1) Requirement for assessment.--The Comptroller General of
        the United States, in consultation with the United States
        International Trade Commission, shall conduct an assessment of
        the economic impact of bulk collection programs conducted under
        title IV and title V of the Foreign Intelligence Surveillance
        Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA
        PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of
        surveillance programs conducted under section 702 of the
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
        1881a), in light of the fact that such programs are now public.
            (2) Evaluation.--The assessment required by paragraph (1)
        shall include an evaluation of the impact of these disclosures
        on United States communication service providers' ability to
        compete in foreign markets.
            (3) Submission to congress.--Not later than 270 days after
        the date of the enactment of this Act, the Comptroller General
        shall submit to Congress the findings of the assessment
        required by paragraph (1).

Summary: Requires the Attorney General to publicly disclose, in anbsp, manner consistent with national security,nbsp. Any decision of a court established by the Foreign Intelligence Surveillance Act of 1978 (FISA) that surveillance activities conducted by the US government have violated a particular US law or constitutional provision. Requires the Director of National Intelligence (DNI) to provide information on surveillance activities to Congress, including information regarding: (1) whether the National Security Agency (NSA) or any other element of the intelligence community has ever collected, or made plans to collect, the cell-site location information of a large number of US persons with no known connection to suspicious activity. (2) the type and amount of evidence the DNI believes is required to permit the collectionnbsp, of cell-site information for intelligence purposes. (3) whether NSA or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications in an effort to find the communications of a particular US person and, if so, the number of such searches or an estimate of such number. (4) when the US government first began relying on authorities under FISA to justify the collection of records with no known connection to suspicious activity. (5) whether representations made to the US Supreme Court by the Department of Justice (DOJ) in the case of Clapper v. Amnesty International USA accurately described the use of authorities under FISA by the government, which of such representations, if any, were inaccurate, and how such representations have been corrected. And (6) FISA court opinions that identified violations of the law, the Constitution, or FISA court orders relating to the collection of information under FISA. Directs the Comptroller General (GAO), in consultation with the US International Trade Commission, to conduct an assessment of the economic impact, including the impact on the ability of US communication service providers to compete in foreign markets, of bulk collection and surveillance programs conducted under FISA, and to report to Congress on such assessment.

To provide for the public disclosure of information regarding surveillance activities under the Foreign Intelligence Surveillance Act of 1978.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hiring Heroes Tax Incentive Act of
2009''.

SEC. 2. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY RESERVE
              AND NATIONAL GUARD AND VETERANS RECENTLY SEPARATED FROM
              THE ARMED FORCES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45Q the following new
section:

``SEC. 45R. CREDIT FOR EMPLOYERS WHO EMPLOY MEMBERS OF THE READY
              RESERVE AND NATIONAL GUARD AND VETERANS RECENTLY
              SEPARATED FROM THE ARMED FORCES.

    ``(a) Allowance of Credit.--For purposes of section 38, the amount
of the military employment credit determined under this section with
respect to any employer for any taxable year is 15 percent of the
qualified wages paid or incurred during the calendar year which ends
with or within such taxable year.
    ``(b) Qualified Wages.--
            ``(1) In general.--For purposes of this section, the term
        `qualified wages' means any wages paid or incurred by an
        employer for services performed by a qualified employee.
            ``(2) Only first $10,000 of wages per year taken into
        account.--With respect to each employee, the amount of
        qualified wages which may be taken into account for a calendar
        year shall not exceed $10,000.
            ``(3) Coordination with other credits.--The $10,000 amount
        in paragraph (2) shall be reduced for any calendar year by the
        amount of wages paid or incurred during such year which are
        taken into account in determining the credit under section
        45A(a), 45P(a), 51(a), 1396(a), 1400P(b), or 1400R.
    ``(c) Qualified Employee.--For purposes of this section--
            ``(1) Qualified employee.--The term `qualified employee'
        means, with respect to any period, any employee of an employer
        if during such period--
                    ``(A) substantially all of the services performed
                by such employee for such employer are performed in a
                trade or business of the employer, and
                    ``(B) such employee is--
                            ``(i) a Ready Reserve-National Guard
                        employee, or
                            ``(ii) a recently-separated veteran.
            ``(2) Certain individuals not eligible.--The term
        `qualified employee' shall not include any individual described
        in a subparagraph of section 1396(d)(2) (relating to certain
        individuals not eligible to be qualified zone employees).
            ``(3) Ready reserve-national guard employee.--The term
        `Ready Reserve-National Guard employee' means an employee who
        is a member of the Ready Reserve (as defined in section 10142
        of title 10, United States Code) or the National Guard (as
        defined in section 101(c)(1) of such title 10).
            ``(4) Recently-separated veteran.--The term `recently-
        separated veteran' means an individual who served on active
        duty (other than active duty for training) in the Armed Forces
        of the United States and was discharged or released therefrom
        under honorable conditions within the 5-year period ending on
        the date of the performance of services.
    ``(d) Other Definitions and Special Rules.--
            ``(1) Wages.--For purposes of this section, the term
        `wages' has the meaning given to such term by section 1397(a).
            ``(2) Controlled groups, etc.--Rules similar to the rules
        of subsections (b) and (c) of section 1397 shall apply for
        purposes of this section.
    ``(e) Termination.--The term `wages' shall not include any amount
paid or incurred to an individual who begins work for the employer
after December 31, 2012.''.
    (b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code (relating to denial of deduction for certain expenses for
which credits are allowable) is amended by inserting ``45R,'' after
``45P(a),''.
    (c) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (34), by striking the period at the end of paragraph (35)
and inserting ``, plus'', and by inserting after paragraph (35) the
following new paragraph:
            ``(36) the military employment credit determined under
        section 45R(a).''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45R. Credit for employers who employ members of the Ready
                            Reserve and National Guard and veterans
                            recently separated from the Armed
                            Forces.''.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Hiring Heroes Tax Incentive Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for up to 15 of the first $10,000 of wages paid to a Ready Reserve-National Guard employee or a recently-separated veteran . Terminates such credit after 2012.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for employing members of the Ready Reserve and National Guard and veterans recently separated from the Armed Forces.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Rapid Deployment
Police and Security Force Act of 2000''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) United States Presidential Decision Directive 71 calls
        for a stronger United States response to maintaining order in
        societies recovering from conflict. It aims to improve
        coordination of United States efforts and to enhance the
        ability of other countries, the United Nations, and regional
        organizations to plan, mount, and sustain operations in support
        of the rule of law.
            (2) In a press briefing on February 24, 2000, Secretary of
        State Madeleine Albright stated the following: ``The recent
        slowness in deploying desperately needed civilian police to
        Kosovo provides only the latest evidence that present
        international capabilities are not adequate. And the ongoing
        deployment of CIVPOL teams to East Timor and Sierra Leone show
        that the need will not soon diminish. In response, we must
        recognize that old models of peacekeeping don't always meet
        current challenges. Peace operations today often require skills
        that are neither strictly military nor strictly police but,
        rather, a combination of the two. The international community
        needs to identify and train units that are able to control
        crowds, deter vigilante actions, prevent looting and disarm
        civilian agitators while, at the same time, winning the trust
        of the communities in which they are deployed.''.
            (3) In his April 2000 report, ``We the Peoples, The Role of
        the United Nations in the 21st Century'', United Nations
        Secretary General Kofi Annan states that only member nations of
        the United Nations can fix the ``structural weakness of United
        Nations peace operations . . . Our system for launching
        operations has sometimes been compared to a volunteer fire
        department, but that description is too generous. Every time
        there is a fire, we must first find fire engines and the funds
        to run them before we can start dousing any flames. The present
        system relies almost entirely on last minute, ad hoc
        arrangements that guarantee delay, with respect to the
        provision of civilian personnel even more so than military.
        Although we have understandings for military standby
        arrangements with Member States, the availability of the
        designated forces is unpredictable and very few are in a state
        of high readiness. Resource constraints preclude us even from
        being able to deploy a mission headquarters rapidly.''.
            (4) The December 1999 United Nations ``Report on the
        Independent Inquiry into the Actions of the United Nations
        During the 1994 Genocide in Rwanda'' indicates that in April
        1994, the United Nations Security Council failed to deploy
        5,500 United Nations peacekeepers to Rwanda within two weeks of
        the initial violence, thereby allowing the conflict to
        escalate. The 6-month estimated cost of the deployment would
        have been $115,000,000. Instead, the genocide consumed 800,000
        lives along with $2,000,000,000 in humanitarian aid.
            (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb
        troops forced the retreat of Dutch United Nations peacekeepers
        who were part of the United Nations Mission in Bosnia and
        Herzegovina (UNMIBH) from a ``safe haven'', resulting in the
        massacre of 7,000 Bosnian civilians and expulsion of 40,000
        Bosnian civilians.
            (6) The United Nations peacekeeping budget estimate for the
        United Nations Mission in Bosnia and Herzegovina from July 1,
        1997, to June 30, 1998, was $165,600,000, while the North
        Atlantic Treaty Organization (NATO)-sponsored intervention in
        the Serbian province of Kosovo cost $37,000,000 per day.
            (7) In July 1999, 4,700 civilian police officers were
        requested to be deployed to the Serbian province of Kosovo but,
        as of April 17, 2000, the United Nations has deployed only
        2,901 of the requested police officers, resulting in the
        breakdown of law and order and the escalation of unrest in
        Kosovo.
            (8) In May 2000, Revolutionary United Front rebels in
        Sierra Leone, in violation of the ceasefire and peace accords,
        captured and held prisoner approximately 500 United Nations
        Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons,
        equipment, and vehicles of the peacekeepers were also seized.
        The UNAMSIL force had been deployed too slowly and was
        undertrained and understaffed, consisting of only 8,700
        peacekeepers of the 11,000 peacekeepers requested by the United
        Nations Security Council.
            (9) On February 24, 2000, the United Nations Security
        Council approved a United States-sponsored proposal to send
        5,537 troops on an observer mission to the Democratic Republic
        of the Congo (to be known as the United Nations Organization
        Mission in the Democratic Republic of the Congo (MONUC)), a
        Republic \1/3\ the size of the United States, to monitor the
        implementation of the Lusaka accords. However, it will take at
        least three months to deploy the required forces. On April 25,
        2000, South African Foreign Minister Dlamini-Zuma urged rapid
deployment of the troops and stated ``[i]f deployment is very slow [the
accords] can fall apart . . . The troops should have been deployed a
long time ago.''.
            (10) The United States has the power in the United Nations
        Security Council to veto decisions that are not within the
        national interests of the United States.

SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND
              SECURITY FORCE.

    (a) Establishment.--The President shall direct the United States
representative to the United Nations to use the voice, vote, and
influence of the United States to urge the United Nations--
            (1) to establish a United Nations Rapid Deployment Police
        and Security Force that is rapidly deployable, under the
        authority of the United Nations Security Council, and trained
        to standardized objectives;
            (2) to recruit personnel to serve in this Force; and
            (3) to provide equitable and reliable funding for the
        United Nations Rapid Deployment Police and Security Force.
    (b) Mission Statement.--The United Nations Rapid Deployment Police
and Security Force should have a mission statement that provides for
the following:
            (1) The United Nations Rapid Deployment Police and Security
        Force will engage in operations when--
                    (A) the United Nations Security Council determines
                that an imminent threat to the peace requires a
                preventive deployment of forces and the Security
                Council deems it as an appropriate response;
                    (B) the United Nations Security Council determines
                ongoing gross violations of human rights or breaches of
                the peace require rapid intervention by the
                international community and the Security Council deems
                it as an appropriate response;
                    (C) peace has been restored to a region but the
                rule of law has not yet been reestablished and when
                national civilian police or United Nations member
                nations personnel are not available and the Security
                Council deems it as an appropriate response; or
                    (D) the United Nations Rapid Deployment Police and
                Security Force can utilize its personnel to help train
                the military and civilian police of member nations of
                the United Nations to better participate in
                international peace operations.
            (2) The United Nations Rapid Deployment Police and Security
        Force will consist of not more than 6000 personnel who are--
                    (A) placed under the authority of the United
                Nations Security Council;
                    (B) under the direction of the Secretary General of
                the United Nations;
                    (C) deployed only by United Nations Security
                Council resolution;
                    (D) volunteers from United Nations member nations
                employed directly by the United Nations;
                    (E) trained as a single unit, appropriately
                equipped, expressly for international peace operations
                including civilian policing; and
                    (F) rapidly deployable.
            (3) The United Nations Rapid Deployment Police and Security
        Force will be organized as a sub-department within the United
        Nations Department of Peacekeeping Operations or under the
        control of the United Nations's Military Staff Committee and
        will contain personnel trained as military staff officers and
        civilian police officers to be deployed immediately to a
        potential conflict area.
            (4) The deployment of the United Nations Rapid Deployment
        Police and Security Force will be limited to a maximum of 6
        months, at which time the Police and Security Force would be
        replaced by personnel supplied by United Nations member
        nations.
            (5) The basing and infrastructure service of the United
        Nations Rapid Deployment Police and Security Force will be
        leased from existing member nations' institutions.

SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY
              FORCE.

    Not later than 1 year after the date of enactment of this Act, the
President shall prepare and transmit to the Congress a report on the
progress of negotiations with the United Nations and its member nations
regarding the creation of a United Nations Rapid Deployment Police and
Security Force described in section 3.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``international peace operations'' means--
                    (A) any such operation carried out under chapter VI
                or chapter VII of the Charter of the United Nations;
                and
                    (B) any such United Nations operation that includes
                civilian policing.
            (2) The term ``rapidly deployable'' refers to the capacity
        to deploy military or civilian personnel to a region undergoing
        conflict within 15 days of the enactment of a United Nations
        Security Council resolution authorizing a deployment.

Summary: Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention. (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution. (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee, (4) limits Force deployment to a maximum of six months. And (5) requires its basing and infrastructure service to be leased from existing member nations' institutions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker-Executive Parity Act of
2009''.

SEC. 2. TREATMENT FOR COVERED DEFERRED EXECUTIVE COMPENSATION
              ARRANGEMENTS WHICH IS COMPARABLE TO CERTAIN FUNDING-BASED
              LIMITS ON BENEFITS AND BENEFIT ACCRUALS IMPOSED ON
              DEFINED BENEFIT PENSION PLANS.

    (a) In General.--Section 206(g) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1056(g)) is amended--
            (1) by redesignating paragraphs (9) and (10) as paragraphs
        (10) and (11), respectively; and
            (2) by inserting after paragraph (8) the following new
        paragraph:
            ``(9) Comparable treatment for covered deferred executive
        compensation arrangements.--
                    ``(A) In general.--In any case in which a
                limitation applies under paragraph (2), (3), or (4) for
                any plan year in the case of a defined benefit plan
                which is a single-employer plan--
                            ``(i) no amount of deferred compensation
                        may accrue to a disqualified individual during
                        such plan year under the terms of any covered
                        deferred executive compensation arrangement
                        maintained by the plan sponsor (irrespective of
                        whether the accrual in deferred compensation is
                        expressed in the form of a promise, a
                        guarantee, or any other representation), and
                            ``(ii) in the case of such an arrangement
                        established during or after the 1-year period
                        preceding such plan year (or any amendment to
                        such an arrangement if such amendment is
                        adopted during or after such 1-year period), no
                        distribution of accrued deferred compensation
                        may be made under such arrangement (or such
                        amendment) to a disqualified individual during
                        such plan year.
                    ``(B) Covered deferred executive compensation
                arrangement defined.--
                            ``(i) In general.--For purposes of this
                        paragraph, the term `covered deferred executive
                        compensation arrangement' means any arrangement
                        providing for the deferral of compensation of a
                        disqualified individual, whether or not--
                                    ``(I) compensation of the
                                disqualified individual which is
                                deferred under such arrangement is
                                subject to substantial risk of
                                forfeiture,
                                    ``(II) the disqualified
                                individual's rights to the compensation
                                deferred under the arrangement are no
                                greater than the rights of a general
                                creditor of the plan sponsor,
                                    ``(III) all amounts set aside
                                (directly or indirectly) for purposes
                                of paying the deferred compensation
                                (including income), and all income
                                attributable to such amounts, remain
                                (until made available to the
                                disqualified individual or other
                                beneficiary) solely the property of the
                                plan sponsor (without being restricted
                                to the provision of benefits under the
                                arrangement),
                                    ``(IV) the amounts referred to in
                                subclause (III) are available to
                                satisfy the claims of the plan
                                sponsor's general creditors at all
                                times (not merely after bankruptcy or
                                insolvency), and
                                    ``(V) some or all of the
                                compensation of the disqualified
                                individual which is deferred under such
                                arrangement is guaranteed by an
                                insurance company, insurance service,
                                or other similar organization.
                            ``(ii) Exception for qualified
                        arrangements.--Such term shall not include a
                        arrangement that is--
                                    ``(I) described in section
                                219(g)(5)(A) of the Internal Revenue
                                Code of 1986, or
                                    ``(II) an eligible deferred
                                compensation plan (as defined in
                                section 457(b) of such Code) of an
                                eligible employer described in section
                                457(e)(1)(A) of such Code.
                    ``(C) Disqualified individual defined.--For
                purposes of this paragraph, the term `disqualified
                individual' means a director or executive officer of
                the plan sponsor.''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date of the
enactment of this Act.

Summary: Worker-Executive Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), in instances where a single-employer defined benefit pension plan is subject to certain funding-based limits on benefits and benefit accruals under the Pension Protection Act of 2006, to prohibit: (1) the accrual of deferred compensation to a disqualified individual pursuant to a covered deferred executive compensation arrangement during a plan year. And (2) the distribution of accrued deferred compensation to such individual during a plan year when such arrangements are established during or after the one-year period preceding the plan year.

To amend title I of the Employee Retirement Income Security Act of 1974 to provide for treatment of certain deferred executive compensation arrangements which is comparable to certain funding-based limits on benefits and benefit accruals imposed on defined benefit pension plans under the Pension Protection Act of 2006.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Men and Families Health Care Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Risks to the health and well-being of the Nation's men
        (and our families) are on the rise due to a lack of education,
        awareness, and pursuit of preventative screening and care--
                    (A) men are leading in 9 out of the top 10 causes
                of death;
                    (B) 1 in 2 men versus 1 in 3 women in their
                lifetime will be diagnosed with cancer;
                    (C) the life expectancy gap between men and women
                has increased from one year in 1920 to 5.2 years in
                2005; and
                    (D) studies show that women are 100 percent more
                likely than men to visit a doctor, have regular
                physician check-ups, and obtain preventive screening
                tests for serious diseases.
            (2) While this health crisis is of particular concern to
        men, it is also a concern for women regarding their fathers,
        husbands, sons, and brothers.
            (3) According to the Census Bureau, by the time men and
        women reach age 65, the ratio of men to women reduces to 85 to
        100. The growing disparity in this statistic suggests that
        among other factors, the declining health of men increases the
        risk of women entering retirement age as widows.
            (4) According to the Administration on Aging, more than
        half of elderly widows now living in poverty were not poor
        before the death of their husbands.
            (5) Men's health is a concern to Federal and State
        governments which absorb the enormous costs of premature death
        and disability, including the costs of caring for dependents
        left behind.
            (6) Educating men, their families, and health care
        providers about the importance of early detection of male
        health issues (i.e. cardiovascular, mental, prostate health,
        cancer (lung, prostate, skin, colorectal, testicular, and
        more), HIV/AIDS, osteoporosis, and other pertinent health
        issues) can result in reducing rates of mortality for male-
        specific diseases, as well as improve the health of the
        Nation's men and its overall economic well-being.
            (7) Of concern is the physical, mental, and emotional well-
        being of our military men (and women) returning from war zones
        and our veterans. We must pay attention to their needs and the
        needs of their families.
            (8) Recent scientific studies have shown that regular
        medical exams, preventive screenings, regular exercise, and
        healthy eating habits can help save lives.
            (9) Appropriate use of tests such as prostate-specific
        antigen (PSA) exams and blood pressure, blood sugar, lipid
        panel, and colorectal screenings in conjunction with clinical
        exams or self-testing, can result in the early detection of
        many problems and in increased survival rates.
            (10) Men's health is a concern for employers who pay the
        costs of medical care and lose productive employees.
            (11) Prostate cancer is the most frequently diagnosed
        cancer in the United States among men, accounting for 25
        percent of all cancer cases--
                    (A) over 185,000 men will be newly diagnosed with
                prostate cancer this year alone, and almost 29,000 will
                die;
                    (B) costs associated with prostate cancer detection
                and treatments exceed $8 billion annually and represent
                8 percent of cancer and 0.4 percent of all health-
                related expenditures in the United States;
                    (C) prostate cancer rates increase sharply with
                age, and more than \2/3\ of such cases are diagnosed in
                men age 65 and older;
                    (D) \2/3\ of annual prostate cancer expenditures in
                the United States are paid for by Medicare; and
                    (E) the incidence of prostate cancer and the
                resulting mortality rate in African-American men is
                twice that of all other men.
            (12) It is estimated that in 2008, approximately 115,000
        men were diagnosed with lung cancer, and almost 91,000 of the
        Nation's men died from lung cancer.
            (13) It is estimated that in 2008, approximately 54,000 men
        were diagnosed with colorectal cancer, and over 24,000 of the
        Nation's men died from colorectal cancer.
            (14) Men make up over half of the diabetes patients aged 20
        and over in the United States (10.9 million men total) and
        nearly \1/3\ of them do not know it--
                    (A) whereas approximately 21,000,000 Americans are
                living with diabetes, men are 30 percent more likely to
                die from the disease;
                    (B) 54 million American people have pre-diabetes
                and 1.5 million new cases of diabetes were diagnosed in
                2005; and
                    (C) people with diagnosed diabetes have medical
                expenditures that are 2 to 3 times higher than patients
                without diabetes and the estimated cost of diabetes in
                2007 was $174,000,000, including $116,000,000 in excess
                medical expenditures and $58,000,000 in reduced
                national productivity.
            (15) Over 8,000 men, ages 15 to 40, will be diagnosed this
        year with testicular cancer, and 380 of these men will die of
        this disease in 2008. A common reason for delay in treatment of
        this disease is a delay in seeking medical attention after
        discovering a testicular mass.
            (16) Men over the past decade have shown poorer health
        outcomes than women across all racial and ethnic groups as well
        as socioeconomic status.
            (17) Establishing an Office of Men's Health is needed to
        investigate these findings and take further actions to promote
        awareness of men's health needs.

SEC. 3. ESTABLISHMENT OF OFFICE OF MEN'S HEALTH.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:

``SEC. 1711. OFFICE OF MEN'S HEALTH.

    ``(a) In General.--The Secretary shall establish within the
Department of Health and Human Services an office to be known as the
Office of Men's Health. The Secretary shall appoint a director as head
of the office.
    ``(b) Activities.--The Secretary, acting through the Director of
the Office of Men's Health, shall--
            ``(1) conduct, support, coordinate, and promote programs
        and activities to improve the state of men's health in the
        United States, including by working with the Department of
        Veterans Affairs, the Department of Defense, and the Federal
        Employee Health Benefits Plan; and
            ``(2) provide for consultation among offices and agencies
        of the Department of Health and Human Services for the purposes
        of--
                    ``(A) coordinating public awareness, education, and
                screening programs and activities relating to men's
                health;
                    ``(B) coordinating programs and activities under
                title XVIII of the Social Security Act relating to
                men's health, including prostate cancer, diabetes,
                colorectal cancer, cholesterol, and mental health
                screening programs;
                    ``(C) coordinating public awareness programs and
                activities, including prostate cancer, diabetes,
                colorectal cancer, cholesterol, and mental health
                screening programs, for men identified at being at
                increased risk of these diseases;
                    ``(D) coordinating prostate-specific antigen (PSA),
                diabetes, cholesterol, and colorectal cancer screening
                programs and activities relating to men's prostate
                health, cardiovascular health, and mental health in
                order to conduct a comparative effectiveness review;
                and
                    ``(E) establishing a clinical registries database
                to assess and measure quality improvement of programs
                and activities relating to men's health.
    ``(c) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary, acting through the Director
of the Office of Men's Health, shall submit to the Congress a report
describing the activities of such Office, including findings by the
Director regarding men's health.''.

Summary: Men and Families Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health. Requires the Secretary, acting through the Director of the Office, to: (1) conduct, support, coordinate, and promote programs and activities to improve the state of men's health in the United States. And (2) provide for consultation among HHS agencies and offices to coordinate men's health programs and activities and establish a clinical registries database to assess and measure quality improvement of programs and activities relating to men's health.

To amend the Public Health Service Act to establish an Office of Men's Health.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Satisfying Energy Needs and Saving
the Environment Act'' or the ``SENSE Act''.

SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS.

    (a) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Boiler operating day.--The term ``boiler operating
        day'' has the meaning given such term in section 63.10042 of
        title 40, Code of Federal Regulations, or any successor
        regulation.
            (3) Coal refuse.--The term ``coal refuse'' means any
        byproduct of coal mining, physical coal cleaning, or coal
        preparation operation that contains coal, matrix material,
        clay, and other organic and inorganic material.
            (4) Coal refuse electric utility steam generating unit.--
        The term ``coal refuse electric utility steam generating unit''
        means an electric utility steam generating unit that--
                    (A) is in operation as of the date of enactment of
                this Act;
                    (B) uses fluidized bed combustion technology to
                convert coal refuse into energy; and
                    (C) uses coal refuse as at least 75 percent of the
                annual fuel consumed, by heat input, of the unit.
            (5) Coal refuse-fired facility.--The term ``coal refuse-
        fired facility'' means all coal refuse electric utility steam
        generating units that are--
                    (A) located on one or more contiguous or adjacent
                properties;
                    (B) specified within the same Major Group (2-digit
                code), as described in the Standard Industrial
                Classification Manual (1987); and
                    (C) under common control of the same person (or
                persons under common control).
            (6) Electric utility steam generating unit.--The term
        ``electric utility steam generating unit'' means an electric
        utility steam generating unit, as such term is defined in
        section 63.10042 of title 40, Code of Federal Regulations, or
        any successor regulation.
    (b) Emission Limitations To Address Hydrogen Chloride and Sulfur
Dioxide as Hazardous Air Pollutants.--
            (1) Applicability.--For purposes of regulating emissions of
        hydrogen chloride or sulfur dioxide from a coal refuse electric
        utility steam generating unit under section 112 of the Clean
        Air Act (42 U.S.C. 7412), the Administrator--
                    (A) shall authorize the operator of such unit to
                elect that such unit comply with either--
                            (i) an emissions standard for emissions of
                        hydrogen chloride that meets the requirements
                        of paragraph (2); or
                            (ii) an emission standard for emissions of
                        sulfur dioxide that meets the requirements of
                        paragraph (2); and
                    (B) may not require that such unit comply with both
                an emission standard for emissions of hydrogen chloride
                and an emission standard for emissions of sulfur
                dioxide.
            (2) Rules for emission limitations.--
                    (A) In general.--The Administrator shall require an
                operator of a coal refuse electric utility steam
                generating unit to comply, at the election of the
                operator, with no more than one of the following
                emission standards:
                            (i) An emission standard for emissions of
                        hydrogen chloride from such unit that is no
                        more stringent than an emission rate of 0.002
                        pounds per million British thermal units of
                        heat input.
                            (ii) An emission standard for emissions of
                        hydrogen chloride from such unit that is no
                        more stringent than an emission rate of 0.02
                        pounds per megawatt-hour.
                            (iii) An emission standard for emissions of
                        sulfur dioxide from such unit that is no more
                        stringent than an emission rate of 0.20 pounds
                        per million British thermal units of heat
                        input.
                            (iv) An emission standard for emissions of
                        sulfur dioxide from such unit that is no more
                        stringent than an emission rate of 1.5 pounds
                        per megawatt-hour.
                            (v) An emission standard for emissions of
                        sulfur dioxide from such unit that is no more
                        stringent than capture and control of 93
                        percent of sulfur dioxide across the generating
                        unit or group of generating units, as
                        determined by comparing--
                                    (I) the expected sulfur dioxide
                                generated from combustion of fuels
                                emissions calculated based upon as-
                                fired fuel samples, to
                                    (II) the actual sulfur dioxide
                                emissions as measured by a sulfur
                                dioxide continuous emission monitoring
                                system.
                    (B) Measurement.--An emission standard described in
                subparagraph (A) shall be measured as a 30 boiler
                operating day rolling average per coal refuse electric
                utility steam generating unit or group of coal refuse
                electric utility steam generating units located at a
                single coal refuse-fired facility.

            Passed the House of Representatives March 8, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on January 12, 2018. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act This bill eases emission limits for hazardous air pollutants from electric utility steam generating units that convert coal refuse into energy. The Environmental Protection Agency must allow utilities to select a standard for either hydrogen chloride or sulfur dioxide with which to comply from a list of specified standards.


SECTION 1. CONGRESSIONAL REVIEW OF RULES.

    (a) Short Title.--This Act may be cited as the ``Regulatory
Oversight Act of 1995''.
    (b) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 553 the following new section:
``Sec. 553a. Congressional review of rules
    ``(a) For purposes of this section the term `significant rule'
means any rule that may have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
    ``(b)(1) Before a rule takes effect as a final rule, the agency
promulgating such rule shall submit to the Congress a report
containing--
            ``(A) a copy of the rule;
            ``(B) a concise general statement relating to the rule;
            ``(C) the proposed effective date of the rule; and
            ``(D) a complete copy of the cost benefit analysis of the
        rule, if any.
    ``(2) A significant rule relating to a report submitted under
paragraph (1) shall take effect as a final rule, the latest of--
            ``(A) the later of the date occurring 45 days after the
        date on which--
                    ``(i) the Congress receives the report submitted
                under paragraph (1); or
                    ``(ii) the rule is published in the Federal
                Register;
            ``(B) if the Congress passes a joint resolution of
        disapproval described under subsection (h) relating to the
        rule, and the President signs a veto of such resolution, the
        earlier date--
                    ``(i) on which either House of Congress votes and
                fails to override the veto of the President; or
                    ``(ii) occurring 30 session days after the date on
                which the Congress received the veto and objections of
                the President; or
            ``(C) the date the rule would have otherwise taken effect,
        if not for this section (unless a joint resolution of
        disapproval under subsection (h) is enacted).
    ``(3) Except for a significant rule, a rule shall take effect as
otherwise provided by law after submission to Congress under paragraph
(1).
    ``(c) A rule shall not take effect as a final rule, if the Congress
passes a joint resolution of disapproval described under subsection
(h).
    ``(d)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a rule that would not take effect by
reason of this section may take effect, if the President makes a
determination under paragraph (2) and submits written notice of such
determination to the Congress.
    ``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take effect because
such rule is--
            ``(A) necessary because of an imminent threat to health or
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws; or
            ``(C) necessary for national security.
    ``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under subsection (h)
or the effect of a joint resolution of disapproval under this section.
    ``(4) This subsection and an Executive order issued by the
President under this subsection shall not be subject to judicial review
by a court of the United States.
    ``(e)(1) The provisions of subsection (h) shall apply to any rule
that is published in the Federal Register (as a rule that shall take
effect as a final rule) during the period beginning on the date
occurring 60 days before the date the Congress adjourns sine die
through the date on which the succeeding Congress first convenes.
    ``(2) For purposes of subsection (h), a rule described under
paragraph (1) shall be treated as though such rule were published in
the Federal Register (as a rule that shall take effect as a final rule)
on the date the succeeding Congress first convenes.
    ``(3) During the period beginning on the date the Congress adjourns
sine die through the date on which the succeeding Congress first
convenes, a rule described under paragraph (1) shall take effect as a
final rule as otherwise provided by law.
    ``(f) Any rule that takes effect and later is made of no force or
effect by the enactment of a joint resolution under subsection (h)
shall be treated as though such rule had never taken effect.
    ``(g) If the Congress does not enact a joint resolution of
disapproval under subsection (h), no court or agency may infer any
intent of the Congress from any action or inaction of the Congress with
regard to such rule, related statute, or joint resolution of
disapproval.
    ``(h)(1) For purposes of this subsection, the term `joint
resolution' means only a joint resolution introduced after the date on
which the report referred to in subsection (b) is received by Congress
the matter after the resolving clause of which is as follows: `That
Congress disapproves the rule submitted by the ________ relating to
________, and such rule shall have no force or effect. (The blank
spaces being appropriately filled in.)'.
    ``(2)(A) A resolution described in paragraph (1) shall be referred
to the committees in each House of Congress with jurisdiction. Such a
resolution may not be reported before the eighth day after its
submission or publication date.
    ``(B) For purposes of this subsection the term `submission or
publication date' means the later of the date on which--
            ``(i) the Congress receives the report submitted under
        subsection (b)(1); or
            ``(ii) the rule is published in the Federal Register.
    ``(3) If the committee to which is referred a resolution described
in paragraph (1) has not reported such resolution (or an identical
resolution) at the end of 20 calendar days after the submission or
publication date defined under paragraph (2)(B), such committee may be
discharged by the Majority Leader of the Senate or the Majority Leader
of the House of Representatives, as the case may be, from further
consideration of such resolution and such resolution shall be placed on
the appropriate calendar of the House involved.
    ``(4)(A) When the committee to which a resolution is referred has
reported, or when a committee is discharged (under paragraph (3)) from
further consideration of, a resolution described in paragraph (1), it
is at any time thereafter in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the resolution, and
all points of order against the resolution (and against consideration
of the resolution) are waived. The motion is highly privileged in the
House of Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House until disposed
of.
    ``(B) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 10
hours, which shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate is in order
and not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a motion
to recommit the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to is not in
order.
    ``(C) Immediately following the conclusion of the debate on a
resolution described in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
    ``(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in paragraph (1) shall be decided without debate.
    ``(5) If, before the passage by one House of a resolution of that
House described in paragraph (1), that House receives from the other
House a resolution described in paragraph (1), then the following
procedures shall apply:
            ``(A) The resolution of the other House shall not be
        referred to a committee.
            ``(B) With respect to a resolution described in paragraph
        (1) of the House receiving the resolution--
                    ``(i) the procedure in that House shall be the same
                as if no resolution had been received from the other
                House; but
                    ``(ii) the vote on final passage shall be on the
                resolution of the other House.
    ``(6) This subsection is enacted by Congress--
            ``(A) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of a resolution described in paragraph
        (1), and it supersedes other rules only to the extent that it
        is inconsistent with such rules; and
            ``(B) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.''.
    (c) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 5, United States Code, is amended by inserting after
the item relating to section 553 the following:

``553a. Congressional review of rules.''.
    (d) Effective Date.--This Act shall take effect on the date of the
enactment of this Act and shall apply to any significant rule that
takes effect as a final rule on or after such effective date.

Summary: Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval . Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.

Regulatory Oversight Act of 1995