SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act''. SEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING. It shall be unlawful for any supplier to increase the price at which that supplier sells, or offers to sell, crude oil, gasoline, or petroleum distillates in an area covered by a Presidential proclamation issued under section 4(a)(1) by an unconscionable amount during the period beginning on the date the proclamation is issued and ending on the date specified in the proclamation. SEC. 3. JUSTIFIABLE PRICE INCREASES. (a) In General.--The prohibition in section 2 does not apply to the extent that the increase in the price of the crude oil, gasoline, or petroleum distillate is substantially attributable to-- (1) an increase in the wholesale cost of crude oil, gasoline, or petroleum distillates to a supplier; (2) an increase in the replacement costs for crude oil, gasoline, or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. (b) Other Mitigating Factors.--In determining whether a violation of section 2 has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects other additional costs or risks, not within the control of the seller, that were paid or incurred by the seller. SEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS. (a) Presidential Emergency Proclamations.--The President may issue an emergency proclamation when an abnormal market disruption has occurred or is reasonably expected to occur. (b) Scope and Duration.-- (1) In general.--The emergency proclamation or order shall specify with particularity-- (A) the period for which the proclamation or order applies; (B) the event, circumstance, or condition that is the reason such a proclamation or order is determined to be necessary; and (C) the geographic area or region to which it applies. (2) Limitations.--An emergency proclamation or an order under subsection (a)-- (A) may not apply for a period of more than 30 consecutive days (renewable for a consecutive period of not more than 30 days); and (B) may apply to a period of not more than 7 days preceding the occurrence of an event, circumstance, or condition that is the reason such a proclamation or order is necessary. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Act or Practice.--Section 2 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall prevent any supplier from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of this Act is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall prescribe such regulations as may be necessary or appropriate to implement this Act. SEC. 6. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act any supplier who violates this Act is punishable by a civil penalty of-- (A) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (42 U.S.C. 7625(c)); and (B) not more than $5,000,000 in the case of any other supplier. (2) Method of assessment.--The penalty provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) the Commission shall take into consideration the seriousness of the violation and the efforts of the supplier committing the violation to remedy the harm caused by the violation in a timely manner; and (B) each determination that the price at which crude oil, gasoline, or other petroleum distillate has been sold or offered for sale in an area and during a period covered by a proclamation or order issued under section 4 was increased by an unconscionable amount shall be treated as a single violation. (b) Criminal Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act, the violation of this Act is punishable by a fine of not more than $1,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. SEC. 7. LOW INCOME ENERGY ASSISTANCE. Amounts collected in fines and penalties under section 6 of this Act shall be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund. To the extent provided for in advance in appropriations Acts fund shall be used to provide assistance under the Low Income Home Energy Assistance Program administered by the Secretary of Health and Human Services. SEC. 8. DEFINITIONS. In this Act: (1) Abnormal market disruption.--The term ``abnormal market disruption'' means there is a reasonable likelihood that, in the absence of a proclamation under section 4(a), there will be an increase in the average price of crude oil, gasoline, or petroleum distillates as a result of a change in the market, whether actual or imminently threatened, resulting from extreme weather, a natural disaster, strike, civil disorder, war, military action, a national or local emergency, or other similar cause, that adversely affects the availability or delivery of crude oil, gasoline, or petroleum distillates. (2) Supplier.--The term ``supplier'' means any person engaged in the trade or business of selling, reselling, at retail or wholesale, or distributing crude oil, gasoline, or petroleum distillates. (3) Replacement costs.--The term ``replacement costs'' means, with respect to a supplier to whom sections 2 and 3 apply, costs to that supplier determined by referencing either-- (A) the actual or reasonably anticipated replacement cost as evidenced by bills of sale, invoices, or other appropriate documentation; or (B) the cost for crude oil, gasoline, or other petroleum distillates in the relevant market at the time of the sale or offer for sale that is the subject of a violation of section 2, plus actual storage, transportation, and delivery costs. (4) Unconscionable amount.--The term ``unconscionable amount'' means, with respect to any supplier to whom section 2 applies, a significant increase in the price at which crude oil, gasoline, or petroleum distillates are sold or offered for sale by that supplier that increases the price, for the same grade of crude oil, gasoline, or petroleum distillate, to an amount that-- (A) substantially exceeds the average price at which crude oil, gasoline, or petroleum distillates were sold or offered for sale by that supplier during the 30-day period immediately preceding the sale or offer; (B) substantially exceeds the average price at which crude oil, gasoline, or petroleum distillates were sold or offered for sale by that person's competitors in the area and during the period for which the emergency proclamation applies; and (C) cannot be justified by taking into account the factors described in section 3. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date on which a final rule issued by the Federal Trade Commission under section 5(c) is published in the Federal Register.

Summary: Federal Energy Price Protection Act - Prohibits a supplier from increasing the price for crude oil, gasoline, or petroleum distillates by an unconscionable amount in an area during the period covered by a Presidential proclamation that an abnormal market disruption has occurred. States that such prohibition does not apply to the extent that the price increase is substantially attributable to: (1) an increase in the wholesale cost of crude oil, gasoline, or petroleum distillates to a supplier; (2) an increase in the replacement costs for crude oil, gasoline, or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. States that a violation of this Act shall: (1) be treated as a violation of a rule defining an unfair or deceptive act or practice of the Federal Trade Commission Act; and (2) be subject to civil and criminal penalties. States that fines and penalties collected under this Act shall be deposited in the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014''. SEC. 2. OFFICE OF THE MEDICAL INSPECTOR. (a) Establishment.--Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7310. Office of the Medical Inspector ``(a) In General.--There is established in the Department within the Office of the Under Secretary for Health an office to be known as the `Office of the Medical Inspector' (in this section referred to as the `Office'). ``(b) Head.--(1) The Medical Inspector shall be the head of the Office. ``(2) The Medical Inspector shall be appointed by the Secretary from among individuals qualified to perform the duties of the position. ``(3) The Medical Inspector shall report directly to the Under Secretary for Health. ``(c) Functions.--The functions of the Office shall include the following: ``(1) To review the quality of health care provided to veterans-- ``(A) by the Department generally; and ``(B) by the Department through contracts with non- Department health care providers. ``(2) To review offices of the Veterans Health Administration that have an impact on the quality of health care provided to veterans by the Department and the performance of the Department in providing such care. ``(3) To review offices and facilities of the Veterans Health Administration to ensure that policies and procedures of the Department and the Veterans Health Administration are applied consistently at all such offices and facilities. ``(4) To investigate any systemic issues, as determined by the Medical Inspector, that arise within the Veterans Health Administration, including the following: ``(A) Improper issuance of credentials and privileges to health care providers. ``(B) Impediments to the access of veterans to health care from the Department. ``(C) Wait times for appointments by veterans at medical facilities of the Department in excess of wait- time goals established by the Department. ``(D) Intentional falsification by employees of the Department of information or data with respect to wait times for such appointments. ``(5) To establish temporary investigative teams to carry out reviews or investigations described in paragraphs (1), (2), (3), and (4) in response to specific incidents or inquiries, including the following: ``(A) Investigations of complaints by a veteran, a family member of a veteran, or another individual that may require a visit to a facility or facilities of the Department. ``(B) Assessments to examine potential systemic issues within the Veterans Health Administration that may require the conduct of surveys, the collection of data, and the analysis of databases of the Department. ``(6) To recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, programs and operations of the Veterans Health Administration. ``(7) To carry out any other tasks required of the Office by the Secretary or the Under Secretary for Health before, on, or after the date of the enactment of this section. ``(d) Reports.--(1) Not later than 30 days after the date of the enactment of this section, and periodically thereafter, the Medical Inspector shall submit to the Secretary, the Under Secretary for Health, and Congress reports on any problems or deficiencies encountered in programs and operations of the Veterans Health Administration, including any recommendations for corrective actions. ``(2) Each report required by paragraph (1) shall be made available to the public on an Internet website of the Department. ``(3) Any other report prepared by the Medical Inspector in carrying out the functions of the Office under this section shall be-- ``(A) submitted to Congress; and ``(B) made available to the public on an Internet website of the Department. ``(e) Privacy Matters.--Any medical or other personal information obtained by the Office shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7309 the following new item: ``7310. Office of the Medical Inspector.''. (c) Conforming Amendments.--Section 7306(a) of such title is amended by-- (1) redesignating paragraph (10) as paragraph (11); and (2) inserting after paragraph (9) the following new paragraph (10): ``(10) The Medical Inspector, who shall be the head of the Office of the Medical Inspector under section 7310 of this title.''. (d) Continuation in Office.--The individual serving as the Medical Inspector of the Department of Veterans Affairs on the day before the date of the enactment of this Act may serve as the Medical Inspector of the Department of Veterans Affairs after that date until the date on which the Secretary of Veterans Affairs appoints an individual to be the Medical Inspector pursuant to section 7310(b)(2) of title 38, United States Code, as added by subsection (a).

Summary: Increasing Medical Oversight in the Department of Veterans Affairs Act of 2014 - Establishes the Office of the Medical Inspector of the Department of Veterans Affairs (VA) within the Office of the Under Secretary for Health. Includes among the functions of the Office to: review the quality of health care provided to veterans by the VA generally and by the VA through contracts with non-VA health care providers; review offices of the Veterans Health Administration (VHA) that have an impact on the quality of health care provided to veterans by the VA and the performance of the VA in providing such care; review VHA offices and facilities to ensure that VA and VHA policies and procedures are applied consistently; investigate any systemic issues that arise within VHA, including improper issuance of credentials and privileges to health care providers, impediments to access to VA health care, wait times for appointments at VA medical facilities in excess of VA goals, and intentional falsification by VA employees of information regarding wait times; establish temporary investigative teams to carry out reviews in response to specific incidents or inquiries, including veterans' complaints and potential systemic issues within VHA that may require the conduct of surveys, the collection of data, and the analysis of VA databases; recommend policies to promote economy and efficiency in the administration of, and to prevent and detect criminal activity, waste, abuse, and mismanagement in, VHA programs and operations; and report on problems or deficiencies encountered in VHA programs and operations and recommend corrective actions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rehab and Ahmed Amer Foster Care Improvement Act of 2012''. SEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS. (a) In General.--Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended to read as follows: ``(29) provides that-- ``(A) within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that-- ``(i) specifies that the child has been or is being removed from the custody of the parent or parents of the child; ``(ii) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; ``(iii) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and ``(iv) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 473(d) to receive the payments; ``(B) within 90 days after the State makes a placement decision with respect to the child, the State shall provide notice of the decision and the reasons therefor to each parent of the child, each relative who has expressed to the State an interest in caring for the child, the guardian, and the guardian ad litem for the child, the attorney for the child, the attorney for each parent of the child, the child (if the child is able to express an opinion regarding placement), and the prosecutor involved; and ``(C) the State shall establish procedures to-- ``(i) allow a person who receives a notice pursuant to subparagraph (B) to request, in writing, within 5 days after receipt of the notice, documentation of the reasons for the decision involved; ``(ii) allow the attorney for the child to petition the court involved to review the decision; and ``(iii) require the court to-- ``(I) commence such a review within 7 days after receipt of a petition made pursuant to clause (ii); and ``(II) conduct such a review on the record;''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Summary: Rehab and Ahmed Amer Foster Care Improvement Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements that states must follow to contact the adult relatives of a child removed from the custody of his or her parents. Requires the state, within 90 days after making a placement decision, to provide notice of the decision and the reasons for it to each parent of the child, each relative who has expressed an interest in caring for the child, the guardian, and other specified parties. Requires the state to establish procedures to: (1) allow a person who receives such a notice to request documentation of the reasons for the decision involved, (2) allow the attorney for the child to petition the court involved to review the decision, and (3) require the court to commence such a review on the record after receiving such a petition.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane and Tornado Mitigation Investment Act of 2007''. SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO MITIGATION PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified dwelling unit located in a qualified State and owned by the taxpayer. ``(2) Qualified dwelling unit.--The term `qualified dwelling unit' means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(3) Qualified state.--The term `qualified State' means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Hurricane and tornado mitigation property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. BUSINESS RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45N the following new section: ``SEC. 45O. HURRICANE AND TORNADO MITIGATION CREDIT. ``(a) General Rule.--For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(b) Maximum Credit.--The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For purposes of this section-- ``(1) In general.--The term `qualified hurricane and tornado mitigation property expenditure' means an expenditure for property-- ``(A) to improve the strength of a roof deck attachment, ``(B) to create a secondary water barrier to prevent water intrusion, ``(C) to improve the durability of a roof covering, ``(D) to brace gable-end walls, ``(E) to reinforce the connection between a roof and supporting wall, ``(F) to protect openings from penetration by windborne debris, or ``(G) to protect exterior doors and garages, in a qualified place of business located in a qualified State and owned by the taxpayer. ``(2) Qualified place of business.--The term `qualified place of business' means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. ``(3) Qualified state.--The term `qualified State' means Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, or Virginia. ``(d) Limitation.--An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. ``(e) Labor Costs.--For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. ``(f) Inspection Costs.--For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) the hurricane and tornado mitigation credit determined under section 45O(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Hurricane and tornado mitigation credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Summary: Hurricane and Tornado Mitigation Investment Act of 2007 - Amends the Internal Revenue Code to allow individual and business taxpayers in certain states a tax credit for 25% of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Streamlining Approval Process Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) airports play a major role in interstate and foreign commerce; (2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy; (3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis; (4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and (5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation. SEC. 3. PROMOTION OF NEW RUNWAYS. Section 40104 of title 49, United States Code, is amended by adding at the end the following: ``(c) Airport Capacity Enhancement Projects at Congested Airports.--In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47179.''. SEC. 4. AIRPORT PROJECT STREAMLINING. (a) In General.--Chapter 471 of title 49, United States Code, is amended by inserting after section 47153 the following: ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING ``Sec. 47171. DOT as lead agency ``(a) Airport Project Review Process.--The Secretary of Transportation shall develop and implement a coordinated review process for airport capacity enhancement projects at congested airports. ``(b) Coordinated Reviews.--The coordinated review process under this section shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for an airport capacity enhancement project at a congested airport will be conducted concurrently, to the maximum extent practicable, and completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (c) with respect to the project. ``(c) Identification of Jurisdictional Agencies.--With respect to each airport capacity enhancement project at a congested airport, the Secretary shall identify, as soon as practicable, all Federal and State agencies that may have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related permit, license, or approval for the project. ``(d) State Authority.--If a coordinated review process is being implemented under this section by the Secretary with respect to a project at an airport within the boundaries of a State, the State, consistent with State law, may choose to participate in such process and provide that all State agencies that have jurisdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental- related permit, license, or approval for the project, be subject to the process. ``(e) Memorandum of Understanding.--The coordinated review process developed under this section may be incorporated into a memorandum of understanding for a project between the Secretary and the heads of other Federal and State agencies identified under subsection (c) with respect to the project and the airport sponsor. ``(f) Effect of Failure To Meet Deadline.-- ``(1) Notification of congress and ceq.--If the Secretary determines that a Federal agency, State agency, or airport sponsor that is participating in a coordinated review process under this section with respect to a project has not met a deadline established under subsection (b) for the project, the Secretary shall notify, within 30 days of the date of such determination, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Council on Environmental Quality, and the agency or sponsor involved about the failure to meet the deadline. ``(2) Agency report.--Not later than 30 days after date of receipt of a notice under paragraph (1), the agency or sponsor involved shall submit a report to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Council on Environmental Quality explaining why the agency or sponsor did not meet the deadline and what actions it intends to take to complete or issue the required review, analysis, opinion, license, or approval. ``(g) Purpose and Need.--For any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal or State agency that is participating in a coordinated review process under this section with respect to an airport capacity enhancement project at a congested airport and that requires an analysis of purpose and need for the project, the agency, notwithstanding any other provision of law, shall be bound by the project purpose and need as defined by the Secretary. ``(h) Alternatives Analysis.--The Secretary shall determine the reasonable alternatives to an airport capacity enhancement project at a congested airport. Any other Federal or State agency that is participating in a coordinated review process under this section with respect to the project shall consider only those alternatives to the project that the Secretary has determined are reasonable. ``(i) Solicitation and Consideration of Comments.--In applying subsections (g) and (h), the Secretary shall solicit and consider comments from interested persons and governmental entities. ``Sec. 47172. Categorical exclusions ``Not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall develop and publish a list of categorical exclusions from the requirement that an environmental assessment or an environmental impact statement be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects at airports. ``Sec. 47173. Access restrictions to ease construction ``At the request of an airport sponsor for a congested airport, the Secretary of Transportation may approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the Secretary determines that imposition of the restriction-- ``(1) is necessary to mitigate those impacts and expedite construction of the runway; ``(2) is the most appropriate and a cost-effective measure to mitigate those impacts, taking into consideration any environmental tradeoffs associated with the restriction; and ``(3) would not adversely affect service to small communities, adversely affect safety or efficiency of the national airspace system, unjustly discriminate against any class of user of the airport, or impose an undue burden on interstate or foreign commerce. ``Sec. 47174. Airport revenue to pay for mitigation ``(a) In General.--Notwithstanding section 47107(b), section 47133, or any other provision of this title, the Secretary of Transportation may allow an airport sponsor carrying out an airport capacity enhancement project at a congested airport to make payments, out of revenues generated at the airport (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project if the Secretary finds that-- ``(1) the mitigation measures are included as part of, or are consistent with, the preferred alternative for the project in the documentation prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(2) the use of such revenues will provide a significant incentive for, or remove an impediment to, approval of the project by a State or local government; and ``(3) the cost of the mitigation measures is reasonable in relation to the mitigation that will be achieved. ``(b) Mitigation of Aircraft Noise.--Mitigation measures described in subsection (a) may include the insulation of residential buildings and buildings used primarily for educational or medical purposes to mitigate the effects of aircraft noise and the improvement of such buildings as required for the insulation of the buildings under local building codes. ``Sec. 47175. Airport funding of FAA staff ``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may accept funds from an airport sponsor, including funds provided to the sponsor under section 47114(c), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project. ``(b) Administrative Provision.--Instead of payment from an airport sponsor from funds apportioned to the sponsor under section 47114, the Administrator, with agreement of the sponsor, may transfer funds that would otherwise be apportioned to the sponsor under section 47114 to the account used by the Administrator for activities described in subsection (a). ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding section 3302 of title 31, any funds accepted under this section, except funds transferred pursuant to subsection (b)-- ``(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted; ``(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and ``(3) shall remain available until expended. ``(d) Maintenance of Effort.--No funds may be accepted pursuant to subsection (a), or transferred pursuant to subsection (b), in any fiscal year in which the Federal Aviation Administration does not allocate at least the amount it expended in fiscal year 2002, excluding amounts accepted pursuant to section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002 (115 Stat. 862), for the activities described in subsection (a). ``Sec. 47176. Authorization of appropriations ``In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports. ``Sec. 47177. Judicial review ``(a) Filing and Venue.--A person disclosing a substantial interest in an order issued by the Secretary of Transportation or the head of any other Federal agency under this part or a person or agency relying on any determination made under this part may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. ``(b) Judicial Procedures.--When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary or the head of any other Federal agency involved. The Secretary or the head of such other agency shall file with the court a record of any proceeding in which the order was issued. ``(c) Authority of Court.--When the petition is sent to the Secretary or the head of any other Federal agency involved, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary or the head of such other agency to conduct further proceedings. After reasonable notice to the Secretary or the head of such other agency, the court may grant interim relief by staying the order or taking other appropriate action when good cause for its action exists. Findings of fact by the Secretary or the head of such other agency are conclusive if supported by substantial evidence. ``(d) Requirement for Prior Objection.--In reviewing an order of the Secretary or the head of any other Federal agency under this section, the court may consider an objection to the action of the Secretary or the head of such other agency only if the objection was made in the proceeding conducted by the Secretary or the head of such other agency or if there was a reasonable ground for not making the objection in the proceeding. ``(e) Supreme Court Review.--A decision by a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. ``(f) Order Defined.--In this section, the term `order' includes a record of decision or a finding of no significant impact. ``Sec. 47178. Definitions ``In this subchapter, the following definitions apply: ``(1) Airport sponsor.--The term `airport sponsor' has the meaning given the term `sponsor' under section 47102. ``(2) Congested airport.--The term `congested airport' means an airport that accounted for at least 1 percent of all delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration's Airport Capacity Benchmark Report 2001. ``(3) Airport capacity enhancement project.--The term `airport capacity enhancement project' means-- ``(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and ``(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.''. (b) Conforming Amendment.--The analysis for chapter 471 of such title is amended by adding at the end the following: ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING ``47171. DOT as lead agency. ``47172. Categorical exclusions. ``47173. Access restrictions to ease construction. ``47174. Airport revenue to pay for mitigation. ``47175. Airport funding of FAA staff. ``47176. Authorization of appropriations. ``47177. Judicial review. ``47178. Definitions.''. SEC. 5. GOVERNOR'S CERTIFICATE. Section 47106(c) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (A)(ii); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (2)(A) by striking ``stage 2'' and inserting ``stage 3''; (3) by striking paragraph (4); and (4) by redesignating paragraph (5) as paragraph (4). SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS. Section 47504(c)(2) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following: ``(E) to an airport operator of a congested airport (as defined in section 47178) and a unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47178) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations.''. SEC. 7. LIMITATIONS. Nothing in this Act, including any amendment made by this Act, shall preempt or interfere with-- (1) any practice of seeking public comment; and (2) any power, jurisdiction, or authority of a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project. Passed the House of Representatives July 9, 2002. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Summary: Airport Streamlining Approval Process Act of 2002 - (Sec. 3) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to take action to encourage the construction of airport capacity enhancement projects at congested airports.(Sec. 4) Directs the Secretary of Transportation to develop and implement a coordinated review process for such projects, which shall provide that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently in cooperation with all Federal and State agencies with jurisdiction over environmental-related matters.Requires: (1) the Secretary determine the reasonable alternatives to an airport capacity enhancement project at a congested airport; and (2) any other participating Federal or State agency to consider only those alternatives the Secretary has determined are reasonable.Authorizes the Secretary, at the request of an airport sponsor for a congested airport, to approve a restriction on use of a runway to be constructed at the airport to minimize potentially significant adverse noise impacts from the runway only if the restriction is necessary and the most appropriate and cost-effective measure (taking into consideration associated environmental trade-offs) to mitigate such impacts and expedite runway construction.Authorizes the Secretary, in specified circumstances, to allow an airport sponsor carrying out such a project to make payments, out of airport revenues (including local taxes on aviation fuel), for measures to mitigate the environmental impacts of the project, including aircraft noise.Permits the FAA Administrator to accept funds from an airport sponsor to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project.Authorizes appropriations to facilitate timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.Permits a person disclosing a substantial interest in an order issued by the Secretary or the head of any other pertinent Federal agency to apply for judicial review of the order. Prescribes procedures and requirements for such an appeal.(Sec. 5) Repeals the requirement that the Secretary approve a project grant application only if the chief executive officer of the State in which the project will be located certifies that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards.Revises the approval criteria without the requirement of an environmental impact statement for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport. Allows such a project without an environmental impact statement if completing the project would allow airport operations involving aircraft complying with the noise standards prescribed for "stage 3" aircraft (currently "stage 2" aircraft).(Sec. 6) Authorizes the Secretary to incur obligations to make grants to an operator of a congested airport and a specified unit of local government to carry out a project to mitigate noise in the area surrounding the airport, if the project is included as a commitment in an FFA record of decision for an airport capacity enhancement project, even if that airport has not met certain regulatory requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Insurance Options Act of 2007''. SEC. 2. HEALTH INSURANCE OPTIONS INFORMATION FOR SMALL BUSINESS CONCERNS. (a) Definitions.--In this section, the following definitions shall apply: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Association.--The term ``association'' means an association established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers. (4) Participating small business development center.--The term ``participating small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648) that-- (A) is accredited under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)); and (B) receives a grant under the pilot program. (5) Pilot program.--The term ``pilot program'' means the small business health insurance information pilot program established under this section. (6) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (7) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Small Business Health Insurance Information Pilot Program.--The Administrator shall establish a pilot program to make grants to small business development centers to provide neutral and objective information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns. (c) Applications.-- (1) Posting of information.--Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing-- (A) the requirements of an application for a grant under the pilot program; and (B) the types of informational and educational materials regarding health insurance options to be created under the pilot program, including by referencing materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council. (2) Submission.--A small business development center desiring a grant under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (d) Selection of Participating Small Business Development Centers.-- (1) In general.--The Administrator shall select not more than 20 small business development centers to receive a grant under the pilot program. (2) Selection of programs.--In selecting small business development centers under paragraph (1), the Administrator may not select-- (A) more than 2 programs from each of the groups of States described in paragraph (3); and (B) more than 1 program in any State. (3) Groupings.--The groups of States described in this paragraph are the following: (A) Group 1.--Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (B) Group 2.--Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands. (C) Group 3.--Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (D) Group 4.--Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (E) Group 5.--Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (F) Group 6.--Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (G) Group 7.--Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas. (H) Group 8.--Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (I) Group 9.--Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona. (J) Group 10.--Group 10 shall consist of Washington, Alaska, Idaho, and Oregon. (4) Deadline for selection.--The Administrator shall make selections under this subsection not later than 6 months after the later of the date on which the information described in subsection (c)(1) is posted on the website of the Administration and the date on which the information described in subsection (c)(1) is published in the Federal Register. (e) Use of Funds.-- (1) In general.--A participating small business development center shall use funds provided under the pilot program to-- (A) create and distribute informational materials; and (B) conduct training and educational activities. (2) Content of materials.-- (A) In general.--In creating materials under the pilot program, a participating small business development center shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, including materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council. (B) Health insurance options.--In incorporating information regarding health insurance options under subparagraph (A), a participating small business development center shall provide neutral and objective information regarding health insurance options in the geographic area served by the participating small business development center, including traditional employer sponsored health insurance for the group insurance market, such as the health insurance options defined in section 2791 of the Public Health Services Act (42 U.S.C. 300gg-91) or section 125 of the Internal Revenue Code of 1986, and Federal and State health insurance programs. (f) Grant Amounts.--Each participating small business development center program shall receive a grant in an amount equal to-- (1) not less than $150,000 per fiscal year; and (2) not more than $300,000 per fiscal year. (g) Matching Requirement.--Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program. (h) Reports.--Each participating small business development center shall transmit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a quarterly report that includes-- (1) a summary of the information and educational materials regarding health insurance options provided by the participating small business development center under the pilot program; and (2) the number of small business concerns assisted under the pilot program. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and (B) $5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A). (2) Limitation on use of other funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.

Summary: Small Business Health Insurance Options Act of 2007 - Directs the Administrator of the Small Business Administration (SBA) to: (1) establish a four-year pilot program to provide information and educational materials regarding health insurance options, including coverage options within the small group market, to small businesses; and (2) select up to 20 small business development centers (SBDCs) to receive grants under the pilot program. Requires: (1) a specified geographical distribution with respect to grant recipients; and (2) grant funds to be used to create and distribute informational materials and conduct training and educational activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Supervisor Training Act of 2016''. SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS. (a) In General.--Section 4121 of title 5, United States Code, is amended-- (1) by inserting before ``In consultation with'' the following: ``(a) Definitions.--For purposes of this section-- ``(1) the term `program' means any activity, project, function, or policy that has an identifiable purpose or set of objectives; and ``(2) the term `supervisor' means-- ``(A) a supervisor, as defined under section 7103(a)(10); ``(B) a management official, as defined under section 7103(a)(11); or ``(C) any other employee as the Director of the Office of Personnel Management may by regulation prescribe.''; (2) by striking ``In consultation with'' and inserting ``(b) Training Programs To Be Established.--In consultation with''; and (3) by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: ``(2) a program-- ``(A) to require supervisors to have individual development plans that provide for training on actions, options, and strategies a supervisor may use in-- ``(i) developing and discussing relevant performance goals and objectives with the employee and ensuring the performance goals and objectives align to the mission and priority goals of the agency; ``(ii) communicating and discussing progress relative to performance goals and objectives, and conducting performance appraisals; ``(iii) mentoring and motivating employees and improving employee engagement, performance, and productivity; ``(iv) fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees; ``(v) effectively managing employees with unacceptable performance, including training to understand the disciplinary options and procedures available to the supervisor; ``(vi) effectively using the probationary period to examine whether an employee has demonstrated successful performance or conduct to continue past the probationary period; ``(vii) addressing reports of a hostile work environment, retaliation, or harassment of, or by, another supervisor or employee; ``(viii) meeting supervisor competencies established by the Office of Personnel Management or the employing agency of the supervisor; ``(ix) collaborating with human resources employees to recruit, select, appraise, and reward employees to build a workforce based on organizational goals, budget considerations, and staffing needs; and ``(x) otherwise carrying out the duties or responsibilities of a supervisor; ``(B) to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under paragraphs (1) and (8) of subsection (b) of that section), employee rights, and the procedures and processes used to enforce employee rights; and ``(C) under which experienced supervisor mentors are identified, evaluated, and approved to provide guidance and advice to new or underperforming supervisors to-- ``(i) transfer knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating and engaging employees, teamwork, leadership, and professional development; and ``(ii) identify strengths and areas for development. ``(c) Requirements for Training Design.--Training in the program components established under subparagraphs (A) and (B) of subsection (b)(2) shall-- ``(1) be designed using principles of adult learning and an industry standard instructional design model; and ``(2) to the extent practicable, as determined by the agency, be training that is instructor-based. ``(d) Timing of Training.-- ``(1) Initial training.-- ``(A) In general.--Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program component established under subsection (b)(2). ``(B) Extensions.--The Director of the Office of Personnel Management may establish and administer procedures under which an agency may extend the 1-year period described under subparagraph (A) with respect to an individual. ``(2) Subsequent training.--After completion of a program component under subparagraphs (A) and (B) of subsection (b)(2), each supervisor shall be required to complete a program component under such subparagraphs not less frequently than once every 3 years. ``(3) Credit for similar training.--Each program component established under subsection (b)(2) shall include provisions under which the agency gives a supervisor credit toward a period of training that the agency determines is similar to training that the supervisor previously completed. ``(4) Effectiveness evaluation.--Each agency shall measure the effectiveness of training program components established under subsection (b)(2). ``(e) Information on Developmental Opportunities.--An agency shall make available to each supervisor-- ``(1) a detailed list of developmental opportunities available to the supervisor; and ``(2) the policies of the agency for requiring supervisor development. ``(f) Regulations.--Notwithstanding section 4118(c), the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section. Regulations prescribed under this subsection shall include measures by which to assess the effectiveness of agency supervisor training programs.''. (b) Report on Extensions for Training Requirements.-- (1) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Government Reform of the House of Representatives. (2) Report.--Not later than 2 years after the date of enactment of this Act and annually thereafter, the Director of the Office of Personnel Management shall submit a report with respect to the preceding fiscal year to the appropriate congressional committees on-- (A) the number of extensions granted under section 4121(d)(1)(B) of title 5, United States Code, as added by subsection (a) of this section, which shall include-- (i) a brief description of the reason why the training was not completed; (ii) the actions the agency plans to take to ensure training is received; and (iii) the date by which the agency intends to complete the training; and (B) the number of individuals completing the requirements of section 4121(d)(1)(A) of title 5, United States Code, as added by subsection (a) of this section. (c) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations under section 4121(f) of title 5, United States Code, as added by subsection (a) of this section. (d) Career Track for Technical Experts.--Section 5106 of title 5, United States Code, is amended by adding at the end the following: ``(d) To the extent practicable under the requirements under this chapter, each agency shall develop a career track for employees of the agency whom the agency determines are mission critical technical experts that affords the employees the opportunity for career advancement, without being required to be appointed to a management or supervisory position.''. (e) Effective Date and Application.-- (1) In general.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. (2) Applicability.--The amendments made by this section shall apply to-- (A) each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on or after the effective date of the amendments; and (B) each individual who is employed in the position of a supervisor on the effective date of the amendments as provided under paragraph (3). (3) Existing supervisors.--Each individual who is employed in the position of a supervisor, as defined under section 4121(a) of title 5, United States Code (as added by subsection (a) of this section), on the effective date of the amendments made by this section and is not subject to an extension under section 4121(d)(1)(B) of title 5, United States Code (as added by subsection (a) of this section) shall be required to-- (A) complete each program component established under subparagraphs (A) and (B) of section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section), not later than 3 years after the effective date of the amendments; and (B) complete program components every 3 years thereafter in accordance with paragraphs (2) and (3) of section 4121(d) of that title (as added by subsection (a) of this section). (f) GAO Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the mandatory training programs required to be established by under section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section) and the effectiveness of those programs. SEC. 3. MANAGEMENT COMPETENCIES. (a) In General.--Chapter 43 of title 5, United States Code, is amended-- (1) by redesignating section 4305 as section 4306; and (2) by inserting after section 4304 the following: ``Sec. 4305. Management competencies ``(a) Definition.--In this section, the term `supervisor' means-- ``(1) a supervisor, as defined under section 7103(a)(10); ``(2) a management official, as defined under section 7103(a)(11); or ``(3) any other employee as the Director of the Office of Personnel Management may by regulation prescribe. ``(b) Guidance.--The Director of the Office of Personnel Management shall issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. ``(c) Assessment by Agencies.--Based on guidance issued under subsection (b) and on any additional competencies developed by an agency, each agency shall assess the performance of the supervisors and the overall capacity of the supervisors in that agency. ``(d) Reports.--Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit to the Office of Personnel Management a report on the progress of the agency in implementing this section, including measures used to assess program effectiveness.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: ``4305. Management competencies. ``4306. Regulations.''. (2) Reference.--Section 4304(b)(3) of title 5, United States Code, is amended by striking ``section 4305'' and inserting ``section 4306''.

Summary: Federal Supervisor Training Act of 2016 This bill requires federal agencies to establish supervisor training programs that: (1) require supervisors and management officials to have individual development plans for training on actions, options, and strategies to use for supervisory functions regarding the performance and productivity of agency employees; (2) train supervisors on prohibited personnel practices and employee rights; and (3) provide experienced supervisor mentors to advise new or underperforming supervisors. The bill expands manager training program requirements for employee performance appraisals, mentoring, and management of unacceptable employee performance into mandatory supervisor and manager training programs that also include supervisor training on: fostering equal opportunities and fairness in the workplace; using probationary periods to examine whether employees are performing at an acceptable level to continue their employment; addressing reports of hostile work environment, retaliation, or harassment; meeting supervisor competencies established by the Office of Personnel Management (OPM) or the employing agency; and collaborating with human resources to recruit, select, appraise, and reward employees based on organizational goals, budget considerations, and staffing needs. After initial training on each program component, supervisors must complete subsequent training every three years. Agencies must develop a career track for mission critical technical expert employees that affords such employees the opportunity for career advancement without being required to be appointed to a management or supervisory position. The OPM must issue guidance to agencies on competencies supervisors are expected to meet in order to effectively manage the performance of employees. Each agency must assess the performance of supervisors and the overall capacity of its supervisors.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic Gasoline Reserve for Purposes of National Security Act of 2009''. SEC. 2. STRATEGIC GASOLINE RESERVE. (a) Establishment.-- (1) Authority.--The Secretary of Energy shall establish a Strategic Gasoline Reserve system (in this section referred to as the ``Gasoline Reserve'') with a total capacity of 10,000,000 barrels of regular unleaded gasoline. (2) Reserve locations.--No later than 1 year after the date of enactment of this Act, the Secretary shall determine strategic locations for no less than three and no more than five Gasoline Reserve sites, each located in a different geographical region of the United States. When determining site locations, the Secretary shall consider all factors, including seasonal and regional variations in gasoline, cost, regional population, accessibility for distribution, and the region's vulnerability to natural disasters and acts of terrorism. The Secretary shall endeavor to find the most affordable method for storage and, when possible, should consult the methodology used for the creation of the Home Heating Oil Reserve and the Strategic Petroleum Reserves. Such reserve site locations shall be operational within 2 years after the date of enactment of this Act. (3) Onsite protection.--In establishing the Gasoline Reserve under this section, the Secretary shall confer with the Secretary of Transportation and the Secretary of Homeland Security with respect to physical structures' security, the transportation security, and operational security. (b) Transportation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress, the Secretary of Homeland Security, and the Governor of each State in which a Gasoline Reserve will be sited a plan for the transportation of the contents of the Gasoline Reserve under this section to wholesale or retail markets in the event of an emergency sale under subsection (d). (c) Capacity.--The Secretary of Energy shall complete the process of filling the Gasoline Reserve to a minimum of 90 percent within 2 years of submitting a transportation plan to the Congress. (d) Aging Supply.--The Secretary shall conduct an annual review of the gasoline supply to ensure the reserves in the Gasoline Reserve do not exceed their shelf life. The Secretary shall have in place within 2 years of enactment of this Act a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. The Secretary shall have the authority to exchange an aging supply of reserve gasoline through private sales or by utilizing the fuel for military or government use. The Secretary shall seek the best means to minimize transaction expense. (e) Requests for Emergency Sale Authorization.--The Secretary of Energy shall sell gasoline from the Gasoline Reserve if-- (1) the Governor of an affected State submits a written request that-- (A) provides sufficient evidence that the sale or supply of gasoline in the region in which such State is located has been severely disrupted, caused by, but not limited to, an interruption in the normal distribution or availability of gasoline which dramatically affects the price of gasoline; and (B) provides sufficient evidence that the State would experience further adverse effects without the sale of gasoline from the Gasoline Reserve; and (2) the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines that the conditions specified in paragraph (1)(A) are satisfied. (f) Procedure.-- (1) Secretary's response.--The Secretary of Energy shall respond to a request transmitted under subsection (e) within 7 days of receipt of a request through a written response, regardless of the decision. (2) Additional information.--The Secretary may request additional information if the Secretary concludes there are insufficient reasons provided for the sale of gasoline from the Gasoline Reserve system. (g) Purchase.--The Secretary of Energy is authorized to conduct purchases and sales of gasoline at wholesale for maintenance of the Gasoline Reserve system. In conducting these transactions, the Secretary shall-- (1) ensure that the overall supply returns to a minimum 90 percent capacity in a timely manner following a sizeable depletion due to an emergency; and (2) assess market conditions to avoid, to the extent possible, when prices appear to be at higher levels unlikely to be sustained, or when purchases of gasoline are likely to significantly raise gasoline prices in the market served by a particular Gasoline Reserve for purchases consistent with the need for timely replenishment of the Reserve after emergency or nonemergency sales. (h) Annual Report.--At a specified date as determined by the Secretary of Energy, the Secretary shall submit to the President, the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate a report on the status of the Strategic Gasoline Reserve outlining the Reserve's current capacity, emergency sales from the previous year, any security threats in the previous year, and the current condition of the storage facilities. The Secretary shall also in the report include any recommendations for improvements in the efficiency of the purchase, transportation, sale, and storage of gasoline in the Gasoline Reserves. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy such sums as may be necessary for construction and operation of the Gasoline Reserve system for fiscal years 2009 through 2015.

Summary: National Strategic Gasoline Reserve for Purposes of National Security Act of 2009 - Directs the Secretary of Energy to establish a Strategic Gasoline Reserve system with a total capacity of 10 million barrels of regular unleaded gasoline. Directs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the governor of each state in which a Gasoline Reserve will be sited a plan for the transportation of its contents to wholesale or retail markets in the event of an emergency sale; (2) complete the process of filling the Gasoline Reserve to a minimum of 90% within two years of submitting a transportation plan to Congress; (3) review the gasoline supply annually to ensure the reserves in the Gasoline Reserve do not exceed their shelf life; and (4) have in place a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. Directs the Secretary of Energy to sell gasoline from the Gasoline Reserve if the governor of an affected state submits a written request and the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines certain emergency conditions are satisfied.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Authorization Act of 1995''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Under Secretary for Technology.--(1) There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology/Office of Technology Policy $5,000,000 for fiscal year 1996. (2) With the Fiscal Year 1997 budget submission for the Department of Commerce, the Secretary of Commerce shall submit to Congress a strategic plan for phasing out the Office of Technology Policy during fiscal year 1996 by eliminating nonessential functions and transferring any essential functions to the National Institute of Standards and Technology. (b) National Institute of Standards and Technology.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Secretary of Commerce for the following activities of the National Institute of Standards and Technology: (1) For Scientific and Technical Research and Services, $263,000,000. (2) For Industrial Technology Services, $427,000,000, but no appropriations are authorized for Advanced Technology Program grants awarded after October 1, 1995. (3) For Construction of Research Facilities, $60,000,000. SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by redesignating section 31 as section 32 and by inserting after section 30 the following: ``COMPETITIVE TECHNOLOGY PROGRAM ``Sec. 31. (a) Findings.--Congress finds that-- ``(1) it is in the National interest for the federal government to take appropriate steps in order to strengthen the competitiveness of research institutions and industry in our rural and less populous states that historically have not been included as full partners in the federal research and development enterprise; ``(2) the research institutions in our rural and less populous states represent a valuable and productive research and technological base that has generated important breakthrough advances in science and technology and helped boost the Nation's economy; ``(3) as part of its mission to help increase U.S. competitiveness, the National Institute of Standards and Technology (NIST) of the Department of Commerce, has an important role in strengthening and broadening the research and technology base in our rural and less populous states; ``(4) the Experimental Program to Stimulate Competitive Research (EPSCOR) at the National Science Foundation and similar programs at the National Aeronautics and Space Administration and other federal science agencies have been extremely successful in strengthening the research base of our rural and less populous states by funding, on a competitive, peer-reviewed basis, research grant proposals from those states; and ``(5) the establishment at NIST of a program based on the EPSCOR concept would both build on the progress of the other federal agencies' EPSCOR activities and further broaden the Nation's scientific and technology base to embrace the quality research institutions in rural and less populous states. ``(b) Policy.--It is the policy of the United States that-- ``(1) NIST should conduct appropriate programs and activities to strengthen and broaden the Nation's scientific and technology capabilities and infrastructure; ``(2) NIST should develop programs and activities to support research efforts in our rural and less populous states to enhance U.S. industrial competitiveness; and ``(3) such programs and activities should be coordinated and made consistent with the Experimental Program to Stimulate Competitive Research at the National Science Foundation and similar programs at other federal science agencies. ``(c) Requirements.-- ``(1) Competition.--Through the National Institute of Standards and Technology, the Secretary of Commerce shall establish an Experimental Program to Stimulate Competitive Technology (EPSCOT). EPSCOT shall provide grants on a competitive and peer-reviewed basis to qualified institutions in eligible States. Such grants shall be awarded for any purpose consistent with and in furtherance of the mission of the Institute including, but not limited to, research, technology transfer, outreach activities, economic development, and education. In evaluating a grant application under EPSCOT, the Secretary of Commerce shall consider-- ``(A) the application's merit and relevance to mission of the Institute; ``(B) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular civilian research funding; ``(C) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and ``(D) the need to assure the maximum distribution of grants among eligible States, consistent with merit. ``(2) Supplemental grants.--The Secretary of Commerce shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as practicable. ``(3)Definitions.--For the purposes of this section-- ``(A) the term `qualified institutions' means small and medium-sized companies, colleges, universities, not-for-profit institutions, local and state governments, individuals with a record of achievement in science and technology, and any other persons or entities deemed qualified by the Secretary of Commerce, but not large companies and ``(B) the term `eligible states' means a State designated as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research. ``(e) Authorization of Appropriations.--To implement EPSCOT and any related activities, the Secretary of Commerce shall ensure that up to $10,000,000 from the appropriations authorized for the Industrial Technology Services account at the National Institute of Standards and Technology are used for purposes of establishing and developing an Experimental Program to Stimulate Competitive Technology Research at the agency.''. SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL. Section 507 of the American Technology Preeminence Act of 1991 (15 U.S.C. 3717) is hereby repealed. SEC. 5. FASTENER QUALITY ACT AMENDMENTS. (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended-- (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (2) by striking ``by lot number'' in subsection (a)(7), as so redesignated by paragraph (1) of this subsection; and (3) by striking ``used in critical applications'' in subsection (b) and inserting ``in commerce''. (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended-- (1) by striking ``having a minimum tensile strength of 150,000 pounds per square inch'' in paragraph (1)(B) and inserting ``having a minimum Rockwell C hardness of 40 or above''; (2) in paragraph (2)-- (A) by inserting ``International Organization for Standardization,'' after ``Society of Automotive Engineers,''; and (B) by inserting ``consensus'' after ``or any other''; (3) in paragraph (5)-- (A) by inserting ``or'' after ``standard or specification,'' in subparagraph (B); (B) by striking ``or'' at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting ``or produced in accordance with ASTM F 432'' after ``307 Grade A''; (4) by striking ``other person'' in paragraph (6) and inserting ``government agency''; (5) by striking ``Standard'' in paragraph (8) and inserting ``Standards''; (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively; (7) by striking ``, a government agency'' and all that follows through ``markings of any fastener'' in paragraph (13), as so redesignated, and inserting ``or a government agency''; and (8) by inserting ``for the purpose of achieving a uniform hardness'' in paragraph (14), as so redesignated, after ``quenching and tempering''. (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 U.S.C. 5404) is repealed. (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act (15 U.S.C. 5404) is amended-- (1) by striking ``subsections (b) and (c)'' in subsection (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), and (d)''; (2) by striking ``or, where applicable'' and all that follows through ``section 7(c)(1)'' in subsection (c)(2); (3) by striking ``, such as the chemical, dimensional, physical, mechanical, and any other'' in subsection (c)(3); (4) by inserting ``except as provided in subsection (d),'' in subsection (c)(4) before ``state whether''; and (5) by adding at the end the following new subsection: ``(d) Alternative Procedure for Chemical Characteristics.-- Notwithstanding the requirements of subsections (b) and (c), a manufacturer shall be deemed to have demonstrated, for purposes of subsection (a)(1), that the chemical characteristics of a lot conform to the standards and specifications to which the manufacturer represents such lot has been manufactured if the following requirements are met: ``(1) The coil or heat number of metal from which such lot was fabricated has been inspected and tested with respect to its chemical characteristics by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. ``(2) Such laboratory has provided to the manufacturer, either directly or through the metal manufacturer, a written inspection and testing report, which shall be in a form prescribed by the Secretary by regulation, listing the chemical characteristics of such coil or heat number. ``(3) The report described in paragraph (2) indicates that the chemical characteristics of such coil or heat number conform to those required by the standards and specifications to which the manufacturer represents such lot has been manufactured. ``(4) The manufacturer demonstrates that such lot has been fabricated from the coil or heat number of metal to which the report described in paragraphs (2) and (3) relates. In prescribing the form of report required by subsection (c), the Secretary shall provide for an alternative to the statement required by subsection (c)(4), insofar as such statement pertains to chemical characteristics, for cases in which a manufacturer elects to use the procedure permitted by this subsection.''. (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days after the date of enactment of this Act, the'' and inserting ``The''. (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act (15 U.S.C. 5406) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Domestically Produced Fasteners.--It shall be unlawful for a manufacturer to sell any shipment of fasteners covered by this Act which are manufactured in the United States unless the fasteners-- ``(1) have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and ``(2) an original laboratory testing report described in section 5(c) and a manufacturer's certificate of conformance are on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection.''; (2) by inserting ``label'' after ``private'' the first place it appears in subsection (c)(2); (3) by inserting ``to the same'' in subsection (c)(2) after ``in the same manner and''; (4) by striking ``certificate'' in subsection (d)(1) and inserting ``test report''; (5) by striking subsection (e) and inserting the following: ``(e) Commingling.--It shall be unlawful for any manufacturer, importer, or private label distributor to commingle like fasteners from different lots in the same container; except that such manufacturer, importer, or private label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.''; and (6) by striking subsection (f) and inserting the following: ``(f) Subsequent Purchaser.--If a person who purchases fasteners for any purpose so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken.''. (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: ``(d) Enforcement.--The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.''. (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended-- (1) by striking ``10 years''in subsections (a) and (b) and inserting ``5 years''; and (2) by striking ``any subsequent'' in subsection (b) and inserting ``the subsequent''. (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act (15 U.S.C. 5412) is amended by striking ``within 180 days after the date of enactment of this Act''. (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.

Summary: Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.